HALLOWELL moved for a rule to take the depositions of going witnesses c. before the return of the writ in this cause.
BY THE COURT. — It has not 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 deposition, de bene esse, under a rule, subject to the opinion of the Court; and this upon the authority of the case in Sherdian. Notice however, should be given to the Defendant, as no appearance, by attorney, can be yet entered.