1 8. Memorandum when evidence not taken down by Judge.--Where the evidence is not taken down in writing by the Judge, 2 [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.

1 8. Memorandum when evidence not taken down by Judge.--Where the evidence is not taken down in writing by the Judge, 2 [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.