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Depositions taken under a commission from a circuit court in an admiralty case, after an appeal to this Court, will not be made a part of the record unless a sufficient excuse be shown for not taking the evidence in the usual way before the courts below.

The decree of the circuit court in this case was signed Feb. 13, 1874. An appeal was taken therefrom, and the record filed here on the thirteenth day of the following October. clubjuris

Page 91 U. S. 367

Mr. Thomas J. Durant filed a certified copy of the order of the said circuit court, bearing date June 1, 1875, for a commission to take the deposition of certain witnesses to be used here, and moved that the depositions taken thereunder be made a part of the record.