
    Rockwell against Folsom.
    
      Oct. 7th.
    
    Where a witness is about to depart the state, permanently to reside abroad, the Court, on petition verified by affidavit, and motion for that purpose, , will order him to be examined, de bene esse, without previous notice of the motion.
    ON the petition of the plaintiff, verified by the affidavit of his solicitor, in his absence, that R. S. was a material witness for him in the cause, and that he was about to depart in a few days for the Alabama territory, and to reside there permanently 5 Henry moved that the plaintiff be at liberty to examine the witness, de bene esse. He referred to the case of Fort v. Ragussin, (2 Johns, Ch. Rep. 146.) and stated, that notice of the motion could not well be given in this case; and that it was unnecessary, as a copy of the interrogatories must be previously served upon the defendant, according to the 68th rule of this Court.
   Per Curiam.

Motion granted.  