GILPIN verʃus SEMPLE.
H
ALLOWELL moved for a rule to take the depofitions of going witneffes &c. before the return of the writ in this caufe.by the court.−It has been determined, upon argument, though often mentioned at the bar, whether we can grant the rule before the return of the writ, or not. But it has been the practice to take the depofition, de bene eʃʃe, under a rule, fubject to the opinion of the Court ; and this upon the authority of the cafe in Sheridan. Notice however, fhould be given to the Defendant, as no appearance, by attorney, can be yet entered.