IRCUIT COURT.

CT OF MICHIGAN. ·

ON. JOHN MCLEAN,

JUSTICE OF THE SUPREME COURT.

HE BUCKEYE STATE.

JUNE, 1857.

PRACTICE.-DEPOSITION.

n the District Court, but not received by the clerk until and not sent up as a part of the record of that court, peal.

suppress deposition. The cause was tried urt at Detroit, on the 8th day of December, the same day the deposition of one Mcn in Chicago, but did not reach Detroit until too late to be read on the trial. On the case e clerk made a memorandum on his transcript the deposition, and sent the same unopened e Circuit Court.

e

Newberry, for claimant, moved to suppress

ot taken in the Circuit Court, or in any cause

(2) Because the same was not read on the trial of below, nor a transcript of the same returned to this (

Mr. Levi Bishop, for libellant.

McLEAN, J. As the deposition did not arrive u the trial in the District Court, and was not in eviden it cannot be read as a part of the record of that Court on appeal. Not being taken, or entitled in this Cour not be considered as evidence taken on appeal. The must be granted.

Deposition supp

Though a deposition be taken under a stipulation waiving "all objec the form and manner of taking," it must still be returned to Cour spects, as provided by law.

Where a deposition so taken was left for several months in the ha fendant's attorney, and was not placed on file until the morning o it was held it could not be read.

MOTION to suppress a deposition. On the 3d of Ju by stipulation between the parties, it was agreed that mony of one Whittemore might be taken before States Commissioner, "subject to all legal objection relevancy and incompetency, but all objections as to t and manner of taking being hereby waived, and that position may be used as evidence on the trial of this ca regularly taken under the Act of Congress." The d was taken on behalf of the defendant.*

It was indorsed as follows.

Livingston v. Pratt,

motion the affidavit of the plaintiff's attorney e effect that he had been informed, the day beendant's attorney, that the deposition had never and filed, or delivered to the clerk, and that the for several months in the possession of defendthat, upon inquiry of the commissioner, he that the deposition was not in his custody, but ivered it to defendant's attorney several months when the cause was called up for trial, the denot then be filed. A further affidavit was read at, about three months after the deposition was ness had written to the defendant's attorney, was mistaken in his testimony, and desiring it hat the witness had since died.

section of the Judiciary Act, relating to testie bene esse, provides that "the depositions so e retained by such magistrate until he deliver his own hand into the Court for which they shall, together with a certificate of the reaaid of their being taken, and of the notice, if he adverse party, be by him, the said magistrate, directed to such Court, and remain under his ed in Court."

ells, Cook, and Lothrop, for the plaintiff.

mpbell and Hand, for defendant.

d by the Court:

, J. (1) That, notwithstanding the stipulation, n should have been returned in all respects, as he Act.

eceived the within deposition from the hands of C. C. Jackson, sioner who took the same; that the same was handed to me in aid Jackson in person, and the same was without envelope. INO WINDER. Clerk.

(2) That the deposition, having been retained in of defendant's attorney for a long time, and being 1 file on the morning of the trial for the first time, conl read in evidence.

CLAIMS

Salvage being the compensation allowed to persons by whose aship or cargo is saved from impending peril, if the property is ne by the exertions of the salvors, they can claim no compensation a But if an effort be made in good faith, with means believed to be ad salvor may recover something in the nature of a quantum meril, efforts are unsuccessful.

Though a Court of Admiralty is not bound to take jurisdiction of com growing out of contracts between foreigners having a domicile in th it may lawfully exercise it, and ought to do so, where justice requi It has jurisdiction in a case of salvage rendered by an American tug ish vessel in Canadian waters.

THIS was a case of salvage in which the libellant that Evans, being the owner of the steamtug Fields, duly enrolled and licensed at Detroit, and used in m the lakes and rivers connected therewith, in descend St. Clair rapids, discovered the schooner Sailor's Brides near the Canadian shore, and being informed that desirous of being hauled off, after some delay, pro hawser strong enough, as was supposed, to draw th from the place where she was aground, but the cable, n

of sufficient strength,

The Sailor's Bride.

his fruitless attempt, the tug was engaged six libellant alleged that the usual charge for such he rate of ten dollars an hour.

wer it was averred that a special contract was master of the tug that unless the schooner was ompensation was to be charged.

Moore, for libellant.

Russell, for claimant.

J. The schooner Sailor's Bride was a Canadian aground in the St. Clair rapids, near the CanThe tug, as appears, had been regularly enrolled Detroit, the home port of the vessel, and was ing the waters of Michigan and the adjoining seems, also, to have been used in towing boats air rapids, or into Detroit and other ports. On asion it was performing the duties of a tug in elieve the Sailor's Bride.

temporary duty, involving no right of navigavo or more States, and therefore, was not withavigation as prescribed in the cases cited. (Al, 21 How. 244; McGuire v. Card, Ibid. 248; gnolia, 20 How. 296.)

aged in towing vessels into port is, for the nected with the vessel towed, and partakes of The same may be said of a towage over the St. any place of difficulty. And the only question whether an American vessel so employed may kindness to a vessel of a foreign country, as been done or attempted to be done in this case. t this may not be done would be a strange pere laws of commercial intercourse which charilized nations of the world.

munica is defined to be the compensation allowed