
    Burling v. Ogden.
    On an analysis of § 399 of the Code, as amended on the 13th of April, 1857, it may be understood as follows:
    1st. A party to an action or proceeding, and a party for whose immediate benefit a suit is prosecuted or defended, may be examined as a witness in his own behalf, the same as another witness, in all cases, except when the adverse party, or adverse person in Interest is not living, or, when the opposite party is an assignee, administrator, executor, or legal representative of a deceased person.
    2d. Ten days’ notice, in writing, of such examination must be given to the adverse party, specifying the points upon which the party or person is intended to be examined.
    But in special proceedings of a summary nature, such reasonable notice shall be given, as shall be prescribed by the court or Judge.
    3d. When notice of such examination is given, and the opposite party resides out of the jurisdiction of the court, such party may be examined by commission issued and executed as now provided by law.
    4th. If a party or person in interest has been examined under this section, the other party or person in interest may offer himself as a witness in his own behalf, and shall be so received.
    Now, the ten days’ notice, and the points of examination, apply only to the party or person in interest offering himself as a witness, on the original application, in his own behalf—not to the opposite party; the law admits Mm, of course, and at large upon all the issues, whether his examination is upon commission or otherwise. (Reported in 14 How. Pr. R. 75.)
    (At Special Term,
    May, 1857.
    Before Hoffman, J.)
     