
    
      Concklin v. Hart.
    
    ON affidavit that witnesses were so aged and infirm that they could not personally appear in court, it was moved that their depositions be taken, de bene esse, before one of the commissioners for taking affidavits; which was objected to, because the cause was not at issue, and because there was no precedent for such an application.
   Per Curiam.

This appears to be a proper case for-granting a commission, and it may be applied for at any time after a suit is instituted.

Motion granted,  