
    Hopkins against Menderback.
    a judge of a mon'1 visas "nay tokebe"readaTii tins conn, jn Fiy county,
    STRONG, for the defendant
    in error, moved, that the certiorari in this cause, and the allowance thereof, be vacated for irregularity. It appeared, that the affidavit on which the allowance of the certiorari was granted, _ ° was made before a judge of the court gf common pleas of Oneida county, while he was out of his county, to wit, in the county of Herkimer, . He contended, that a judge of a court of common pleas could do no judicial act out of his county. He cited Jackson, ex dem. Wyckoff, v. Humphrey, (1 Johns, Rep, 498.)
    
      Boyd, contra.
   Per Curiam,

The judges of the courts of common pleas, are, by statute, ex officio, commissioners for taking affidavits to be read in this court. They act, in these cases, as commissioners, and not as judges, and may, therefore, take affidavits in any county.

Rule refused,  