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![handle is hein.slavery/ussccases0284 and id is 1 raw text is: JANUARY-TERM, 1849. 693
Harris v. Wall.
District of Virginia, and was argued, by counsel. 'On consider-.
ation whereof, it is now here ordered and adjudged by this
court, that the judgment of the said Circuit Court in this cause
be, and the same is hereby, affirmed.
Bw.TAmitN#D. HARRIS,. PLAINTIFF ix ERROR, v. JAI.IS D. WALL,
The conditions under which a party is permitted and a magistrate authorised to
take a deposition de bene esse by the thirtieth section of the Judiciary Act are,-
1st. That the witness lives at a greater 'i-ance from the place of trial than
one hundred miles.
2d. Or is bound on a voyage to sea.
Od., Or is about to go out of the United States.
4th. Or out of 'such dfstrc t to a greater distance from the place of tra than
one hundred miles before the time of trial.
5th. Or is ancient or very infirm.
And to entitle himself.to read the deposition upon the trial, the party must show,-
lst. That the witness is dead.
2d. Or gone out of the United States.
3d. Or to a greater distance than one hundred miles from the place where the
court is sitting.
4th. Or that, by ason of age, sickness, or bodilyinfirmity, he is unable to travel
and appear at'court.
The authority or jurisdiction conferred on the magistrate is special, and confined
within certain limits or conditions, and the facts calling for the exercie of it should
appear upon the face of the instrument, and not.be left to parol proof
Therefore, where the magistrate, in his notice to the opposite party, only said that
the witness was about to depart the Statd, and in bik certficate omitted to state
the reason for taking the deposition, it was not competent for the party, at the
trial, to supply the defect by proving that the witness was about to go out of the
United States.
The service of the notice upon the opposite party should be certified by the magis-
trate as well as the marshAl
When coupsel have siged an agreement that a deposition may be.read in evidence
to the jury, it is too late, after its reading, to ask the court to exclude from the
consideration of the jury a part of the deposition.
Tnsocase was brought up, by writ of error, from the Circuit
Court of the United States for the Southern District of Mis-
sissippi.
In February, 1839, the following sealed note was executed: -
$10,391.06. Clinton, Miss., February, 1839.
On or before the first day of January, eighteen hundred and
forty,- we or either of us promise and bind ourselves, our heirs,
&c., to pay to Benjamin D. Harris, his heirs or assigns, the sum
of ten thousand three hundred and ninety-one dollars and six
cents, with eight per cent. interest thereon from the date hereof.
Given under our hands and seals, the day and date above
,Written. T.W. WITR. [sEAL.]
JA.M.- W. [SAL.](ViewImageLocal?handle=hein.slavery/ussccases0284&div=1&collection=&method=preview&ext=.png&size=3)