
    Garey v. The Union Bank of Georgetown.
    
    A “ county commissioner,” in the State of Illinois, is not authorized to take depositions under the Judiciary Act of September 24, 1789, § 30, to be used in the courts of the United States.
    In Equity.
    
      Mr. Taylor, for the defendants,
    objected to a deposition, purporting to be taken de bene esse under the thirtieth section of the judiciary act of 1789, which authorizes such depositions to be taken “ before any justice or judge of any of the courts of the United States; or before any chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city; or judge of a county court, or court of common pleas of any of the United States.”
    The deposition was taken before a county commissioner of the State of Illinois, who is a judge of the County Commissioners’ Court, which is a court of record composed of three judges, called county commissioners, who are elected by the people and hold their offices for the term of two years. They hold four sessions a year, and their jurisdiction extends to all matter concerning the county revenue, and the county tax. They grant licenses for ferries and taverns, and other licenses. They have jurisdiction in all cases of roads, canals, toll-bridges, and many other cases appertaining to county government and police; and have power to issue all kinds of writs and processes necessary to the execution of their jurisdiction. 3'Griffith’s Law Register, 412.
    
      
       This case was decided in December Term, 1826.
    
   The Coukt [nem. con.) rejected the deposition, being of opinion that the County Commissioners’ Court was not one of the courts described in the Act of Congress of September 24,1789, § 30, [1 Stat. at Large, 73.]  