atkins case Barnsley versus Powell December the last seal before Christmas if  a commission be take out in the vacation and have not a certain return it do  not expire the first day of the follow term but may be continue in execution  the whole of the next term to the last return a commission to examine witness  in the cause issue in August be execute in September and continue till the  that of October a application be make by the defendant the beginning of  Michaelmas term for a new commission which be offer to he by the plaintiff on  term but be reject and now the defendant have lie b that till the last seal  after Michaelmas term and after the cause be set down to be hear move that a  new commission may be grant and that he may be at liberty to exhibit  interrogatory and that publication may be enlarge to six week Lord chancellor  I be Willing to let the defendant have a opportunity of examine that there may  be no imputation of hardship it be swear by the defendant affidavit that the  commission be close without Mansell Powell or his solicitor know it by the  rule of the court the plaintiff be first entitle to sue out the commission and  if the defendant have a opportunity of examine his witness he be not entitle  to a new commission indeed if the plaintiff neglect to sue it out it may be do  ex part to ward off the evidence of the defendant do not come up to his be  hinder in examine his witness but however I be incline as far as I can without  manifest injustice to let in the defendant to examine witness the plaintiff  commissioner be under a mistake in close the examination the d of October for  if a commission in England be take out in the vacation and have not a certain  return but only without dilation it do not expire the first day of the follow  term but may be continue in execution the whole of the next term to the last  return and the defendant shall have apply to have enlarge publication till the  last day of the term but notwithstanding his lordship direct a new commission  to be return by the last day of Hilary term and publication enlarge to the  first seal after that term the next matter be whether the defendant may be at  liberty to exhibit new interrogatory atkins it be very dangerous to suffer  additional interrogatory to make out new circumstance after the deposition  have be see under the former commission and the court beside expect all the  defendant shall join in the application for new interrogatory and therefore  all the order I shall make in the present case be that the defendant Powell be  at liberty to exhibit additional interrogatory to the competency or credit  only of sir Humphrey Howarth already examine for the plaintiff and also to  prove exhibit and likewise to be at liberty to crossexamine sir Humphrey  Howarth b it not to examine any new witness Reg lib a fol