case Copeland versus stanton Eq can ab pl where a witness die after  examination but before such examination be sign by he the deposition can be  make use of but yet where the defendant after publication examine a witness  and on the usual affidavit that the defendant his clerk or solicitor have not  see the deposition get a order to reexamine this witness but the witness die  before a reexamination the court give leave to the defendant to make use of  the former deposition of the same witness a witness on the part of the  defendant be swear and have appear before the examiner be examine to several  interrogatory after which he be appoint by the examiner to come another day  but the next morning be sudden take ill and die upon which I move the master  of the roll that this witness be deposition so far as they be take may be make  use of which without the order of the court can not be the witness not have  sign his examination but his honour have advice with sir Thomas Geery the  master then in court deny the motion for that the examination be imperfect and  can not be make use of peer William it seem after the witness be full examine  the examination be read over to he and the witness at liberty to amend or  alter any thing after which he sign they and then but not before the  examination be complete and good evidence in Michaelmas term in the case of  Debrox v the defendant after a order for publication examine a witness and  then first conceive himself irregular in examine this witness it be after  publication get a order upon petition and a affidavit from himself his clerk  in court and solicitor that they have not nor will see any of the deposition  that he may reexamine the say witness but before there can be a reexamination  of this witness he die and upon affidavit of this see Hamond v dick Jones v  Donithorne ib Mulvany v Dillon ba be Cazenove v Vaughan m S Cholmondeley v  Clinton mere Lord chancellor Parker order that the defendant may make use of  the deposition take of this witness the reexamination of he have be prevent by  the act of God