206 CHANCERY—WITNESSES AND TESTIMONY. [ART. 16.

they think proper to be present; and the mode of examination
shall be either by written interrogatories filed with the examiner,
to be by him propounded to the witnesses, and the answers
thereto written down by him, as has heretofore been the practice
of commissioners in taking testimony; or the witnesses may be
Examined by the parties, or their solicitors, viva voce; and in
such case, the answers of the witnesses shall be reduced to writ-
ing by the examiner, and the questions also, if necessary to the
understanding of the answers of the witness, or if it be required
by either party. The testimony produced by both parties shall
be taken before the same examiner, unless, for special reasons, it
be otherwise directed by the court or judge thereof; and all viva

voce examinations shall, as near as may be, be conducted in the
manner and order of the examination of witnesses in the trials

of fact in the courts of common law. The defendant shall not
be compelled to proceed with the taking of his testimony until
the plaintiff has finished or declared he has none to take; nor
shall the plaintiff be compelled to proceed with the rebutting
testimony until the defendant has completed the testimony on
his part

Rule 39.

219. In all examinations, whether conducted by written inter-
rogatories or viva voce, at the conclusion of the examination by
the parties, the examiner shall put to the witness an interrogatory
in the following form: "Do you know, or can you state, any

other matter or thing which may be of benefit or advantage to the
parties to this cause, or either of them, or that may be material to
the subject of this your examination, or the matters in question
between the parties? If yea, state the same fully and at large in
your answer." And the examiner shall write down the answer to
said interrogatory as part of the deposition of the witness.

Rule 40.

220. In all coses the testimony shall be written down in the
language of, and as delivered by, the witness, and when com-
pleted shall be read over to the witness, and be signed by him in
the presence of the parties or their solicitors, or such of them as
may attend; but if the witness, for any cause, may not be able to