
    
      John Doe, ex dem. Peletiah Sergeant, Reviewer, against Ephraim Adams, Tenant, Reviewee.
    If tlie deponent is personally present in Court, liis deposition cannot be read.
    EJECTMENT. In the trial of the issue to the Jury.
    
      Daniel Buck, for defendant,
    offered to read the deposition of Lemuel Sergeant, which had been used in a former trial of this cause in this Court.
    
      Amasa Paine, for plaintiff,
    objected to the deposition being now read, stating that the deponent, was personally in Court.
    
      Buck insisted that the deposition should be read, and observed, that the deponent, when the deposition was taken, was beyond the process of the Court. His client had failed in repeated endeavours to persuade him to appear personally in Court, That, he was now brought by the plaintiff upon an insidious design to compel his client, the defendant, to producé him as a witness, and thus preclude him from impeaching his testimony.
    
      Amasa Paine, for plaintiff.
    
      Daniel Buck, .for defendant.
   Sed per Curiam.

If the deponent is in Court, his deposition cannot be read. Let the witness be sworn.  