
    Marshall against Mott.
    In collateral matters arising In the progress of a suit, as on a motion for a commission to examine witnesses abroad, affidavits taken before magistrates or publicofficer* out of the state, may be read»
    
      GARR, for the plaintiff,
    nfoved for a commission to take the examination of witnesses ahfBad, in this cause. He offered to read an affidavit for this purpose, taken before the chief judge of the court of sessions for Suffolk county, in the state of Massachusetts.
    
    
      Weyman, contra,
    objected, that the affidavit not being before a proper officer, could not be read in this court.
   Per Curiam.

Where the party resides out of the state, we have been liberal in allowing affidavits taken abroad to be read in all collateral matters arising in the progress of a cause. Affidavits taken before the mayor of Philadelphia, before Ame* rican consuls, and other public agents in foreign countries, have been often read in this court, in support of similar applications.

Motion granted.  