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WHere a Bill shall be ex∣hibited to examine Wit∣nesses in perpetuam rei•• memo∣riam, and the Defendant being served with Process, doth not appear, but stands in Contempt, the Plaintiff may then upon Mo∣tion have a Commission to ex∣amine his Witnesses de bene esse; and where the Defendant shall
have appeared, he may join in Commission, if he think fit, and Cross-Examine the Plaintiffs Witnesses, * 1.1 he striking Commis∣sioners Names within four days after the making of the Order for such Commission: And after the Defendant hath answered such Bill, * 1.2 the Plaintiff is then to Reply, and re-examine such of his said Witnesses, formerly exami∣ned, as shall be then living; and upon the retorn of the same Commission, and the Depositions thereby taken, together with the Depositions of such of the Witnesses formerly examined, * 1.3 as were before the Execution of such second Commission dead, are fortwith to be published.
Defendant cross examined.
Plaintiff to re∣ply.
Depositions of dead and other, &••.