
    Robert Owen v. William Foreman.
    A party is not bound, on notice, to attend the examination of a witness in the country ; and it is a good exception to the commissioner’s report, that it was founded on evidence so taken : but the case o: ght to have been referred back to the commissioner for further evidence.
    The commissioner’s office is the proper place to take evidence on a reference. If a witness is aged, or infirm, and cannot attend, the examination must be, by commission, on interrogatories.
    Baker v. Baker, and Red.
   Per Johnson, J.,

on appeal from the decree of De Saussure, Chancellor, at Chester, June, 1829.

O’Neall, J., and Harper, J., concurred.

Decree opened.  