
    TREMOULET vs. TITTERMARY.
    Certified copy of the book of the master and wardens of the port of N. Orleans, received in evidence.
    The plaintiff claimed damages for some injury, which his goods had received on board of the defendant's vessel, through his neglect or that of the crew.
    The defendant offered in evidence a certified copy from the book of the master and wardens of the port of New-Orleans.
    
      Depegster, for the plaintiff.
    It cannot be read; the book itself should be produced.
    Hennen, contra.
    The act of 1805, ch. 24, provides that the master and wardens shall keep an office in the city of New-Orleans, and shall cause to be made in a book, to be kept by them, an entry of all their proceedings under that act, to which all persons may have recourse, sect. 9. The same act constitutes them surveyors of damaged goods, brought into theport of New-Orleans, in any ship or vessel. They are farther directed to cause entries to be made in a book, to be kept in their office for that purpose, and to issue certificates. sect. 11.
    Now this book is to be kept in their office, and all persons to have recourse to it. This recourse must, necessarily, be to procure evidence from it; and this cannot be done, unless extracts are obtained therefrom, and permitted to be used. As the book is directed to be kept in the office, it cannot be transported for examination to a distant court, within the state. Neither would any court sitting in the city, order the production of it, in ordinary cases.
    Certificate read.
    A deposition was offered, at the foot of which the adverse counsel had written his consent to its being read. The reading of it was, how- ever, opposed, on the authority of the case of Phi-libert vs. Woods, ante 204, because it had remained open, in the possession of the party, for whose benefit it was taken.
   By the Gourt.

The counsel consented to the reading of the deposition absolutely. He put no condition to his consent.

Deposition read.  