
    Thorpe & Burton v. William Simmons.
    In taking ex parte depositions under tke Act of Congress, the requisites of the act must be strictly pursued.
   The Court

(nem. con.) rejected a deposition taken under the Act of Congress of 1789, [1 Stat. at Large, 73,] because the magistrate certified that the form (not “the same” which are words of the act,) was reduced to writing by him, and signed by the witness.  