
    * Anonymous.
    Proof of the service of a notice of taking affidavits to be used on the argument of a cause, may be made viva voce, at the bar of the court where the affidavits are offered to be read.
    
      Seudder
    
    moved to change the venue in this case, and in support of the motion offered an affidavit.
    
      Wall
    
    objected to the reading of the affidavit, that no notice of taking it had been given to the opposite attorney.
    
      SeudAer
    
    then offered to prove viva voee, that due notice had been given.
    
      
      Wall
    
    said that viva voce evidence of the service of tho n'otice could not be received; and even if it could, that four days’ notice of it also should have been given.
    J. II. Williamson and Scudder
    
    replied that this case did not como within the rule of the court requiring “ all affidavits taken in pursuance of any rule of this court, or to be made use of in any argument or hearing therein, to be taken on four days’ notice.” That the proof now offered was not evidence to be used on the argument; but merely to shew that the affidavits which were to be used had been duly taken ; and this proof was seasonably mado whenever want of notice was objected. Den v. Wood, 5 Halst. 62.
   By the Court.

The .proof of notice may be made either before the commissioner or at the time the affidavit is offered here. It is often done before the commissioner, and is in many cases most convenient but is not indispensable. No rulo forbids it when the affidavit is offered. It may be made by parol, under the direction of the court; and when proper the court may direct it to be reduced to writing. Any other practice would be burthensome and inconvenient, and render it necessary to come prepared with proof of every notice of argument by affidavit taken on four days’ notice.  