
    Concklin vs. Hart.
    ON affidavit that witneffes were fo aged and infirm that they could not perfonally appear in Court, it was moved that their depofitions be taken, de bene eJJ'e, before one of the Commiffioners for taking affidavits, which was objefted to, becaufe the caufe was not at iffue, and becaufe there was no precedent for fuch an application.
   Per Curiam.

This appears to be a proper cafe for granting a commiffion, and it may be applied for at any time after a fait is militated.

Motion granted.  