anonymous d do you deposition grant on the certificate of the commissioner  before who the be take that the witness under examination consult a document  draw out for her by plaintiff attorney and minute of her own and have give  testimony conformable to they Mr Noel move to suppress deposition on a  certificate from the commissioner before who they have be take that the  witness who deposition they be refresh her memory during her examination by  minute consist of six sheet of paper in her own handwriting the substance of  which she declare to they she have set down from time to time as the fact  occur to her memory that five of the six sheet be draw up in the form of a  deposition which she tell they be do by the plaintiff solicitor who she have  request to digest her note and reduce they to some order and that after he  have do so she transcribe and alter they wherever it be necessary to make they  consistent with her meaning the certificate add further that she declare the  six sheet to be entire draw up by herself unassisted by any person whatsoever  that as they apprehend they have no right to take the minute from her she have  frequent recourse to they during her examination and this certificate be sign  by all the commissioner Kenyon Mr Noel insist this practice be too dangerous  to have the countenance Kenyon er p of the court and he hope there be a  sufficient foundation for this application to suppre the deposition the motion  be oppose by the attorney and solicitor general who insist that nothing be  more frequent than to allow witness in a court of law the use of minute to  refresh their memory that the only circumstance which seem to distinguish this  case from that and to give a colour to the present application be the witness  be employ the plaintiff attorney to digest her memorandum but there can not be  much weight in that circumstance when it be consider that it be not pretend  there have be any tamper with the witness and that she have careful alter  these paper wherever the attorney have mistake her meaning that she swear  positive to the truth of every part of they and though it may be improper to  write the whole of a deposition before examination yet where a man be to be  examine to a great number of date c it be very necessary to have some h elps  of this kind Lord chancellor whether there have be any tamper or no I kpow not  but I know there have be a great mistake both by the party and commissioner  who however do right after their mistake to lie it before the court shall the  court connive at such proceed as these deposition will real be no better than  affidavit for shall a witness be permit to use a paper especial one draw up by  the attorney of one of the party though from memorandum furnish by the witness  I may as well let the attorney draw a affidavit for her and use that instead  of a deposition she insist indeed that she Kenyon alter and amend but every  body know that slight alteration in a phrase make it convey very different  idea to be sure in some case a man may use paper at law but I have know some  judge and I think I adhere strict to that rule myself let they use only paper  draw up as the fact happen and all other paper I have bid they put in their  pocket and if any have be offer which be draw by the attorney I shall have  reprimand he severe as to date and name which be mere technical it be quite  another thing the commissioner shall have reject these deposition but as they  have fair represent the fact and the whole of your motion be to suppress the  deposition for the precedent sake they shall be suppress Ai publication be not  pass you may reexamine the witness the chancellor seem to intimate that he  will have animadvert on the attorney have it be make part of the motion