
    Welsh against Hill, jun.
    An affidavit of a plaintiff in a cause,residing* at Havanna, taken before the commercial and naval agent of the .U. States, resident there, may be read '* in this court* on a motion for a commission to take the examination of,wit* jaes&es abroad,
    HOPKINS moved for a commission in this cause, to take the deposition of certain witnesses residing in Havanna. The affidavit on which the motion was founded, was made by the plaintiff, who resided in Havanna, before the commercial and naval agent of the United States, resident at Havanna, in the island of Cuba.
    
    
      Henry, contra,
    objected, that the affidavit had not been taken before a proper magistrate, and could not, therefore, be read in this court.
   Per Curiam.

The affidavit is admissible for the purpose of the present motion.

Rule granted.  