Section 3

8. Memorandum when evidence not taken down by Judge.—Where the evidence is not taken down in writing by the Judge, 4 [or from his dictation in the open Court, or recorded mechanically in his presence,] he shall be bound, as the examination of each witness proceeds, to make a memorandum of the substance of what each witness deposes, and such memorandum shall be written and signed by the Judge and shall form part of the record.

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3 8. Memorandum when evidence not taken down by Judge.—Where the evidence is not taken down in writing by the Judge, 4 [or from his dictation in the open Court, or recorded mechanically in his presence,] he shall be bound, as the examination of each witness proceeds, to make a memorandum of the substance of what each witness deposes, and such memorandum shall be written and signed by the Judge and shall form part of the record.