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George versus Nichols
Tenney, J.,
orally.—The first objection was obviated by the defendant’s attendance at the taking.
It is not requisite that the magistrate should be a commissioner. It does not appear that he was not authorized by
[180] the laws of his State to take depositions. Depositions taken out of the State may be received at the discretion of the court. R. S. c. 133, § 22. Exceptions overruled.