MacDonald v. Garrison

By the Court*—Daly, F. J.

The statute declares that the *35judge shall take the deposition ; that it shall be carefully read to, and subscribed by, the witness ; and that it shall be certified by the officer taking the same. The amendment of 1851 further provides, that when an application is made for an order for the examination of the witness conditionally, the officer, instead of directing the examination to be had before him, may make an order requiring the adverse party to show cause why the examination should not be taken by a referee to be appointed by the officer. In this case, the order…