atkins case grave v Eustace budgel Esq may the that this court will allow the  prove of exhibit viva voice at the hear but not to let in other examination  and this only at the application of the party who be to make use of the  exhibit but no instance where it be allow at the application of the contrary  party it be move on the defendant behalf that certain witness of the plaintiff  who be to prove exhibit may be examine viva voice at the hear of the cause and  that a order of the late chancellor for a commission to examine they in the  country may be discharge the motion be find on two thing atkins first the  great importance of these exhibit to the merit of the cause be receipt of the  defendant which he insist be forge and have deny in his answer second the ill  state of health of the defendant disable he to go down into the country to  attend the commission in support of which a affidavit of his physician be read  on these matter it be pray that the witness may be examine viva voice at the  hear that the defendant may have a opportunity of crossexamine they and sift  their evidence and a case of the duchess of Newcastle be mention by Mr  fazakerley where it be so allow this be also pray in honour of the defendant  he have deny the receipt Lord chancellor I can allow the motion the constant  and establish proceed of this court be upon write evidence like the proceed  upon the civil or canon law this be the course of the court and the course of  the court be the law of the court and though there be case of witness be so  examine yet they have be allow but spare and only after publication where  doubt have appear in their deposition and the examination have be to clear  such doubt and inform the conscience of the court there never be a case where  witness have be allow to be examine at large at the hear and though it may be  desirable to allow this yet the fix and settle proceed of the court can be  break through for it the utmost latitude the court have take in this be to  allow the prove of exhibit viva voice at the hear but not to let in other  examination and this be allow only where the application be by the party who  be to make use of the exhibit but there atkins er p never be a case where it  be allow on the application of the contrary party if he be suspicious of fraud  he have notice and may cross examine the witness