
    [Sunbury,
    June 21, 1824.]
    BEALE’S Executors against The COMMONWEALTH for the use of SMEDLY and another.
    in error.
    If a deputation be by deed, the deed must be produced and proved like other deeds; and if the subscribing witness does not attend, parol evidence cannot be given of the alleged deputy having acted in that capacity.
    Error to the Common Pleas of Mifflin county.
   The opinion of the court was delivered by

Duncan, J.

This is the same in principle, as the preceding case, with the additional circumstance, that the deputation was produced, but the subscribing witness did not attend, to prove the execution of the instrument; and evidence was admitted of M‘Clure’s acting as deputy of the coroner in other instances; and this held to be proof of a general deputation. For the reasons assigned in the former case, I am of opinion this judgment should be reversed, and a venire facias de novo awarded.

Judgment reversed', and a venire facias de novo awarded.  