
    (Practice.)
    The Samuel.—Beach, et al. Claimants.
    A witness offored to be examined, viva voce, in open court,- in an instance cause, ordered to be examined out of court.
    This, cause, being -an instance, or revenue c?iuse, had been ordered to farther proof at a former term.
    
    
      Feb. 3th.
    
    Mr. Baggett, for the claimants,
    now offered to produce a witness to be examined, viva voce, in open-court on farther proof; butthe court, for the sake, of convenience, ordered his-deppsition to be taken in writing out of court.
    Feb 11th
    
    
      
       Vide ante vol. 1 p. 9.
    
   Mr. Chief Justice Marshall

delivered the opinion of the court, reversing the decree ,of condemnation in the court below, and ordering the property to be restored as claimed.'

Decree reversed.  