refused to permit the deposition to be read. (See Voss v. Luke, July term, 1806, [ante, 331]; Woods & Bemis v. Young, July term, 1806, [ante, 346,] and Lewis v. Mandeville, [post, 360.]

The plaintiff then offered to read a deposition of John Hand, taken by the defendant, and filed in the cause, after having proved that Hand sailed for Philadelphia about three weeks ago, and had not returned. No subpoena had been issued for him.

The Court permitted it to be read.