
    James English vs. Joshua English.
    No witness residing ih the state can be examined de bene esse, by the common law, and we have no statute authorizing such an examination of a witness residing within forty miles, merely because he is a President of a Bant.
    Tried in Kershaw district, November Term, 1822.
    AT the last sitting of the court, holden for the district of Kershaw, Mr. Justice Gantt, upon a motion to take the examintion of William E. Hayne, by commission de bene esse on the part of the plaintiff, granted an order to that effect; Mr. Hayne being President of the Branch of the Bank of the State of South Carolina, at Columbia.
    The defendant appealed on the ground that there was no law to warrant such an order.
   Mr. Justice Richardson

delivered the opinion of the court:

No witness residing in the state could be examined de bene esse by the common law, and we have no statute au-i thorizing such an examination of a witness residing within forty miles, merely because he is President of a Branch Bank.

The motion is therefore granted.

Justices Huger, Nott, Colcock and Johnson, concurred.

■, for the motion.

•, contra.  