454 Chancery Report. [May, 



the seat of the clerk m court attached to the adverse party — to be seen 

 by him ; — whether he be ahvays present does not appear, nor is his pre- 

 sence at all material.* From this office the wondering witness is paraded 

 to a master in Chancery — to be examined by him ? No, to be sworn 

 only ; and finally he is conveyed to the Examiner's office, where at last 

 he gets examined. But how is this examination conducted ? Entirely 

 by a list of interrogations, delivered to the examiner, who is in fact 

 merely the agent of the court, to record the replies of the witness. He 

 has no latitude whatever allowed him. The second question is not put in 

 consequence of the reply to the first ; no unsatisfactory reply can be 

 pressed or pursued ; no attempt can be made to track the windings of an 

 evasive witness ; but all is made to depend on the ingenuity, or the crafty 

 wiliness of those who draw up the questions — which questions, it is ob- 

 vious, may or may not be pertinent, and capable of eliciting the facts. 

 Notxvithstanding, the Commissioners, it seems, are * not prepared to 

 recommend any very considerable changes in the present mode of taking 

 evidence.' 



But there are country witnesses, whom the court, out of special regard 

 for the purses of the parties, will not allow to be brought up to town. 

 What is to be done with them, then ? Has the court any circuit-going 

 examiners ? No. Has it agents then in every part of the country, to 

 examine witnesses on the spot ? Yes, the court has agents, called mas- 

 ters-extraordinary, in all parts of the country, who might very well be 

 supposed precisely the persons proper to be employed as examiners ; but 

 who, it seems, are personages too grave to do more than administer the 

 oath. The consideration and indulgence of the court is here unparallelefd ; 

 it gives the parties themselves power to nominate their own commissioners, 

 contenting itself with furnishing the interrogations, and sanctioning the 

 expense ; and how cheap and desirable a process this must be, may be 

 remotely guessed at from the language of the Report, which suggests a 

 reduction in the number of commissioners, and limits to a certain sum 

 per diem, the allowance to every person in attendance, for his subsis- 

 tence and time, instead of the daily entertainments, which now take place 

 upon the execution of these commissions at the expense of the suitors. 

 The proposed reform limits the number to two, and the allowance to 

 five guineas a day, and one shilling a mile for travelling. 



Now then we have the evidence. \Vliat is the next step ? Publica- 

 tion of this evidence by the Master. What does this mean ? Delivering 

 to each of the parties copies of the depositions of the several witnesses. 

 But will it be believed, after all the delays we have enumerated, that 

 opportunities of procrastinating are still afforded ? Aye ; if either of 

 the parties have an interest in checking the progress of the suit, and of 

 course there are few cases where one or other has not, he may still 

 apply to enlarge publication, that is to extend the time, within which it 

 is imperative upon the parties finally to close the examination of wit- 

 nesses ; and these applications are again granted as matter of course. 

 The Commissioners recommend the refusal of such applications, except 



* It is siiggested by some one, in the mass of useful evidence published by the Com- 

 missioners, that this presentation to the clerk in court was originally meant to enable 

 him to identify the witness. But this was in days of yore, when these clerks in court 

 were of some utility ; now that their ancient " occupation's gone," this object is no 

 longer of any importance ; and we may pretty safely conclude, analogically, the clerk is 

 more likely to be absent than present, unless he have no other chance of getting his fee. 



