
    Robert Centre, surviving partner of the late firms of Ripley, Centre, & Co. and Ripley & Centre, v. Newton Keene.
    The magistrate -who takes a deposition under the Act of Cohgress, need not certify that the deponent subscribed it in his presence, but the title of the cause in which it is to be used must he truly stated in the certificate of the caption.
    
      Mr. Taylor, for the defendant,
    objected to a deposition taken under the Act of Congress, [1 Stat. at Large, 73,] that the magistrate did not certify that the deponent subscribed it in his presence, but that he subscribed it after it was reduced to writing by the magistrate.
    But the Court (Thruston, J., absent,) overruled the objection.
    
      Mr. Taylor then objected,
    that it is stated in the caption that the deposition was taken to be used in an action in which Robert Centre & Co. were plaintiffs.
    
      Mr. Swann, contra.
    
    This is evidently the same suit.
   The Court

supported the objection, and rejected the deposition ; and said they could not judicially know it to be the same cause.  