
    Foster v. Foster.
    Where a commissioner is appointed to take depositions, it is improper for the witness to produce his deposition written by himself, not in the presence of the magistrate.
    A deposition that has been taken and sealed up, cannot be opened at the instance of the witness, in the absence of the other side, for the correction of an error. Where such correction becomes necessary, it should be done by appending an affidavit, explaining the circumstances.
    Libel for divorce. An objection was made to the deposition of Phoebe Foster, a witness for the libellee, which was taken regularly with notice, but in tbe absence of tbe opposite party. After the deposition bad been finished and sealed up, tbe witness was made aware of an error, and at her request tbe deposition was opened, and an alteration made in tbe absence of tbe libellant. It was further objected, that tbe deposition was produced before tbe commissioner, ready written by tbe witness. Tbe deposition of Jacob Whitcher was also written by himself. A motion was submitted to suppress tbe deposition for these causes.
    
      Hibbard, for tbe libellant.
    
      Goodall, for tbe libellee.
   Gilchrist, C. J.

Where a commissioner is appointed by tbe court to take depositions in a cause, it is improper for tbe witness himself to write bis deposition, not in tbe presence of tbe commissioner, and to bring it before him so written. Such deposition cannot be used.

A deposition cannot be opened and amended in tbe absence of tbe opposite side. If tbe witness desire any correction to be made, be should append an affidavit explaining tbe error, and the manner in which it intervened and became known to him. Tbe depositions must, for tbe irregularities disclosed, be suppressed.

Motion granted.  