a witness die after examination but before such examination be sign by he his  honour upon advice with the master then in court deny themaking use of the  deposition as be imperfect east Copeland and Stanton will Rep after a witness  be full examine the examination be read over to he and the witness be 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 ibidem insert by the  reporter Cann v Cann equity case abridge n er plaintiff examine witness de  bene be and afterward examine they in chief and the Cause be hear but the  court take time to consider of it and the defendant observe that some of the  witness examine by the plaintiff to prove the will in question which be by the  plaintiff allege to be make by sir Robert equity case abridge er p Cann the  defendant father subsequent to that will under which the defendant claim who  be the young son of the say sir Robert Cann have confess that they will not  swear the defendant father do ever sign the say will and that yet the same  witness when examine in chief have swear positive the defendant father do sign  the will which pretend will be allege by the plaintiff to have be suppress by  the defendant equity case abridge mother in law and by the defendant himself  the defendant have reason to believe that the witness when examine de bene be  do not swear so full as they have be prevail upon to do when examine in chief  petition Lord c Parker that these deposition de bene be may be publish or at  least that his lordship will be please to have they bring before he for his  inspection which in this case his predecessor Lord summer and Lord Cowper have  do in order to satisfy themselves whether the Cause which have sleep so long  as year shall proceed or no but his lordship dismiss the petition refuse to  publish the deposition take de bene be Trin Cann and Cann will Rep his  lordship observe that it be admit on both side that what be ask for videlicet  the publication of the deposition take de bene be be never yet do and it be  without any precedent there ought to be very good reason to prevail with the  court to do it that the reason why the court allow the take of deposition de  bene be be either for a contempt of the party in not answer and thereby  prevent the join of issue or else where the party be in danger of lose his  witness in case of death by reason of sickness or acre so that there may be  ground to apprehend their not live to be examine in chief but if these witness  do live and be examine in chief their deposition de bene be shall fall to the  ground and as it be be bury have answer the whole purpose for which they be  take if the deposition de bene be in the present case be to be publish or any  way make use of against the witness so examine de bene be such witness ought  to have a Copy of the deposition before he be examine in chief to the intent  that he may have due cautionary mean allow he to prevent his contradict  himself which be always do in the like case also many question may arise if it  shall happen that the deposition de bene be be quite contradictory to the  deposition in chief for his lordship say he do not think it will be perjury at  law a there be no issue join as there must be before the deposition be take in  chief and as to see these deposition himself his lordship say it vas true Lord  summer and Lord Cowper do order copy to be bring to they to inspect but that  be for the better enable they to judge whether the plaintiff in those cause  after so long a time elapse since the commencement of they and so many  transaction in they shall be allow after the plea to proceed to a hear but his  lordship say as this Cause have since proceed to a hear for he to read these  deposition de bene be in his study if he shall there form any judgement upon  they it will be strange that that shall guide he which nobody else be to know  any thing of No say his lordship let all people be at liberty to know what I  find my judgement upon so that when I have give it in any Cause other may be  at liberty to judge of I ibidem a vide cro car Inst and yet itseems as if such  deposition take de bene be upon a bill to perpetuate the testimony of witness  where there be no issue join on the death of the witness may be read in  evidence Carth