
    PHILIBERT vs. WOOD.
    Depositions must be returned by the persons receiving- theni -even when taken by consent.
    Smith, for the plaintiff
    offered a deposition taken by consent of the defendant's counsel. It was on a loose sheet of paper, and had remained since the taking, in the possession of Smith.
    Hennen, for the defendant.
    It cannot be read. The act of 1.05, ch. 26, sect. 19, requires that the person taking the deposition of a witness, "shall enclose the same, under his seal, and direct "it to the clerk of the Superior Court." It is his duty to prevent any change or alteration from being made, by enclosing it under hIs seal, and he should transmit it to the clerk-not deliver it, for keeping, to either of the parties, who may, if the testimony does not suit him, suppress it. The deposition, when taken, belongs to both the parties-neither of them ought to be allowed the facility of depriving the other of it.
    Smith, in reply. This act relates only to dispositions taken under it, and by a rule of Court. In the present case, the deposition was taken by the consent of both parties, who therefore impliedly agreed, that it should be read, and as they imposed no condition, it must be read absolutely.
   By the Court.

The party, by consenting that the deposition should be taken, cannot be presumed to have dispensed with any of the formalities required by law, in receiving testimony out of Court.

Deposition rejected.  