delivered tbe opinion of tbe court.

Tbe depositions in question were taken since tbe appeal, under a commission issued from tbe Circuit Court. Further proof in tbe case has not been ordered by this court. No such order would have been granted if application therefor bad been made, unless a sufficient excuse was shown for not taking tbe evidence in tbe usual way before tbe courts below. This was the rule established in tbe case of The Mabey, 10 Wall. 419. We cannot admit depositions taken under - a commission from tbe Circuit Court, except upon a similar showing.. That' has not been made. Leave is granted to renew tbe motion if this defect can be supplied. Motion denied,'