274 HIGH COURT OF CHANCERY.

No. 11, are sufficient to entitle them to the benefit of the proof
since taken; and as the case must go again to the Auditor, it
seems but equitable that the proof taken in support of claims,
numbered 62 and 63, should also be let in, as well as the proof
in support of any other claim, which may have been rejected
under similar circumstances. The defence of limitations to
avail, however, as before ordered, in favor of the parties who
have relied upon the statute.

[No appeal from this decree.]

[Note by the Reporter.—The following is the form of the
order passed upon the filing of the Auditor's first report in a
creditor's suit, where objections have been taken by the parties
or any of the creditors. When limitations are relied upon, the
objection avails only in favor of the party setting it up. When
full proof is demanded, the objection is understood to gp to the
whole claim, and must be met by the same proof that would be
required if the claimant or party had filed an original bill;

though it will be seen, that the order provides a summary way
of taking it.

"Ordered, That the exceptions to the Auditor's report filed
in this cause, stand for hearing on the next; and, that
any creditor of the deceased, whose claim is stated, or noticed
in the Auditor's report, and, also, any of the parties to this suit,
be, and they are hereby, severally authorized to take the de-
positions of any witnesses in relation to such claims, before any
justice of the peace; provided, that three days notice be given,
as usual, by the creditor in whose behalf the testimony is pro-
posed to be taken, to some two or three other creditors, or one
or more of the parties or their solicitor; or, by one or more of
the parties in whose behalf the testimony is proposed to be
taken, to some two or more of the creditors, or to their solicitor.
But the creditor against whose claim the testimony, when
taken, is intended particularly to operate, must himself, or his
solicitor, be notified. And, depositions so taken, subject to
all legal exceptions, may be read in evidence in the cause;

provided, they are filed in the chancery office, on or before the
next.]