The court have repeatedly held that a commissioner has no power, by virtue of the appointment, to take testimony and administer oaths in a jurisdiction in which he does not reside, unless he is a magistrate of such jurisdiction.

¥e are not aware, however, that we have any reported case to that effect, and the error here is one of not unfrequent occurrence.

The testimony of the witness must be re-taken, before it can be competent.