
    George Hoofnagle against Henry Dering.
    A commission to two, to examine witnesses, cannot be executed by one, without notice to the commissioner of the other party.
    In this cause a commission had issued to William M’Cleary and John Williams of Morgantown in the state of Virginia, esqrs. to take the examination of a witness on the part of the defendant, dated 13th April 1793. The commission was executed by William M’Cleary only, on the 17th May 1793, and exception was taken to reading the answer of the witness, because both commissioners had not joined.
   Per Cur.

The authority to the two commissioners is joint; and it certainly could not be executed by the commissioner on the part of the defendant, without notice to the plaintiff’s commissioner. In this instance too, the defendant has taken out a new commission for the re-examination of the same witness, which strongly implies that the former execution of it was irregular; and therefore the reading of it in evidence must be overruled.

Messrs. Ingersoll and C. Smith, pro quer.

Messrs. Kittera and M. Barton, pro def.  