
    Banks v. Miller.
    It is a sufficient averment of the residence of the adverse party, by the magistrate who takes a deposition under the Act of Congress, if he certifies that it appears to him that the party resides more than one hundred miles from the place of caption.
    If hooks and papers are in court they may he called for after the jury is sworn.
    A Deposition, taken under the Act of Congress, was offered in evidence by the defendant. The magistrate who took it, certified that it appeared to him that the adverse party and his counsel resided at the city of Washington, upwards of-one hundred miles from the. place of taking the said deposition.
    
      Mr. Caldwell, for the plaintiff,
    objected, that it was not a positive averment that the adverse party and his attorney were at the time more than one hundred miles, &c.
   But the Court

(Duckett, J., absent,)

overruled the objection.

After the jury was sworn, the defendant called on the plaintiff to produce his books of account, which were then on the table.

The Court thought it due notice, as the books were in court.  