
    Concklin against Hart.
    
    A commission may be issued to examine witnesses who are aged and infirm, before a commissioner,' and the rule may be obtained at any time after the commencement of the suit.
    Application was made to take the depositions of certain witnesses, before one of the commissioners for taking affidavits, on the ground that they were so aged and infirm that they could not personally attend court on the trial of the cause.
    It was objected, that the cause was not at issue; and that ' the practice- was unprecedented.
    
      
      
         S. C., C. C., 69.
    
   Per Curiam.

There appears to be a reasonable ground

for granting a commission in sucha case, and the application may be -made at any time after the commencement of the suit.

Rule granted. 
      
      
         2 R. S. 392, § 2. Graham’s Pr. (2d ed.) 585. Mumford v. Church, infra, 147, 150, u. (a). See also, Anon. 6 Ves. Jr. 573, Sumn. ed. Rowe v__, 8 id. 262. Pritchard v. Gee, 5 Mad. 364. Pearson v. Ward, 2 Dick. 648. S. C. 1 Cox, 177. Shirley v. Earl Ferrers, 3 P. Wms. 77. Hanken v. Middleditch, 2 Brown, 640. Brydges v. Hatch, 1 Cox, 423. Botts v Verelst, 2 Dick. 454. Shelley v. 13 Ves. 57. Cholmondeley v. Oxford, 4 Bro. 156. Bellamy v. Jones, 8 Ves. 32. Fitzhugh v. Lee, Ambl. 65. See 19 Ves.. 321. Palmer v. Aylesbury, 15 Ves. 301. Sumn. ed.
     