UNITED STATES SUPREME COURT DECISIONS ON-LINE

Depositions, taken according to the proviso in the thirtieth section of the Judiciary Act of 1789, chapter twenty, under a dedimus potestatem, "according to common usage, when it may be necessary to prevent a failure or delay of justice," are under no circumstances to be considered as taken de bene esse, whether the witnesses reside beyond the process of the court or within it; the provisions of the act relative to depositions de bene esse being confined to those taken under the enacting part of the section.