case marsden versus bind July master of the roll in court Eq can ab pl  deposition of a witness examine de bene be he die before he be examine in  chief order to be read at a trial at law hard salk Jo Ch I raym the plaintiff  examine his witness de bene be in Michaelmas vacation and in Hilary term  follow the defendant put in a answer and about five week after ware before any  replication file or examination in chief the witness die and now it be move by  Mr sergeant Maynard that the plaintiff may be at liberty to read this  deposition at law and inasmuch as by the strict rule of the commonlaw no  deposition of witness take de bene be or before issue join can be read or give  in evidence it be also pray that the defendant may be order not to oppose the  read of this deposition at a trial at law which the Lord keeper hold  reasonable for that otherwise a examination de bene be will be to no purpose  Mr porter this day move the master of the roll to discharge this order because  the plaintiff have be negligent or otherwise he may have examine his witness  in chief the answer have be put in above five week before the witness die or  he may have try the matter at law in Hilary term before the death of the  witness but it be answer the plaintiff can not go to law before he have the  defendant answer to see if he will confess the matter of Vernon chancery case  fact and that he stand out two month in contempt before he will answer and  though the plaintiff may have reply within the five week yet can he not well  have examine in chief the witness and the plaintiff both live in Cheshire and  this be not such a lapse of time as ought to deprive he of the benefit of the  evidence and the rather for that though it be not regular by the course of the  court the defendant commissioner join in the execution of this commission so  that here can be no foul practice and therefore the last order be confirm Reg  lib b fol vide Wyatt pract Reg Howard v Tremaine show Carth Mod salk SC Cann v  Cann p wms