ORDINANCES IN CHANCERY. 289 



73. Witnesses shall not be examined &quot; in perpe- 

 tuam rei memoriam/ except it be upon the ground 

 of a bill first put in, and answer thereunto made, and 

 the defendant or his attorney made acquainted with 

 the names of the witnesses that the plaintiff would 

 have examined, and so publication to be of such 

 witnesses ; with this restraint nevertheless, that no 

 benefit shall be taken of the depositions of such wit 

 nesses, in case they may be brought &quot; viva voce 

 upon the trial, but only to be used in case of death 

 before the trial, or age, or impotency, or absence out 

 of the realm at the trial. 



74. No witnesses shall be examined after publi 

 cation, except it be by consent, or by special order, 

 &quot; ad informandam conscientiam judicis,&quot; and then to 

 be brought close sealed up to the court to peruse or 

 publish, as the court shall think good. 



75. No affidavit shall be taken or admitted by 

 any master of the chancery, tending to the proof or 

 disproof of the title, or matter in question, or touching 

 the merits of the cause ; neither shall any such mat 

 ter be colourably inserted in any affidavit for serving 

 of process. 



76. No affidavit shall be taken against affidavit, 

 as far as the masters of the chancery can have know- 

 ledge ; and if any such be taken, the latter affidavit 

 shall not be used nor read in court. 



77. In case of contempts grounded upon force or 

 ill words, upon serving of process, or upon words of 

 scandal of the court, proved by affidavit, the party is 

 forthwith to stand committed ; but for other con* 



VOL. VII. TT 



