Mr. Justice Richardson
delivered the opinion of the court:
No witness residing in the state could be examined de bene esse by the common law, and we have no statute au-i thorizing such an examination of a witness residing within forty miles, merely because he is President of a Branch Bank. The motion is therefore granted.
Justices Huger, Nott, Colcock and Johnson, concurred.
■, for the motion.
•, contra.