"This action was brought to recover a balance of account claimed to be due to the plaintiff, under the following circumstances. The plaintiff was employed to execute certain stone work, in constructing the locks on the Schuylkill canal, for which he was to receive a stated compensation, as was proved by witnesses on the trial. After the work was completed, there was some dispute between the parties as to the quantity of work done and the price; and one of the officers of the company was directed, by one or more of the directors, to make out the account, which he did.

“This was an action of debt brought in the district court, upon the official bond given by the defendant, conditioned for the faithful discharge of the duties of his office, as collector of the internal taxes and duties, in the twelfth district of Pennsylvania, and for collecting and paying over the said taxes and duties. The demand was founded on a statement from the treasury department, of certain uncollected bonds and duties due within this district.

“Action of assumpsit. The court decided that a deposition taken under a rule of court, on twenty-four hours notice, to be read in case of the inability of the witness to attend; could not be given in evidence without proof of such inability, or that the witness lived beyond the distance to which a subpoena could reach, to compel his appearance.”

“This was an action for account render. The pleas were, 1. Never bailiff or receiver; and, 2. Plene computavit. The evidence was the same as was given in the former action of assumpsit, (see ante 514,) with proof of the following additional circumstances.

“Action to recover the balance of an account of sales rendered by the defendant to plaintiff. The case was, the plaintiff, a merchant of New York, entered into a contract with defendant, then residing in Philadelphia, in the year 1818, to furnish him with a large assortment of jewellery, which he was to take from place to place in the United States to sell for the plaintiff, upon a commission of five per cent, on the invoice prices, and one half of what he might sell them for beyond those prices, the same to be in lieu of expenses and all other charges.

“In taxing the bill of costs in this case, the clerk refused to allow to the successful party, any compensation for his own attendance, and for his travelling expenses, because no such allowance was, or is allowed by the laws of the state. He also refused to allow to the party’s witnesses more than fifty cents for every twenty miles travelling, and the same for each day’s attendance; his opinion being, that the act of the 28th of February 1799, is confined to witnesses in criminal cases, who are to be paid by the United States.

“The defendant was indicted for an assault upon the person of Mr Salmon, the Spanish charge d’affaires, and for infracting the law of nations by committing violence, upon his person. These charges were contained in two separate indictments, both of which were tried at the same time.”

“The bill states, that before the intermarriage of the plaintiffs, an indenture tripartite was made between Samuel E. Howell and R. R. Smith, executors of Samuel Howell, of the first part, Hannah Howell, the female plaintiff, of the second part, and the defendant’s intestate, William E. Howell, of the third part, which, after reciting a bequest of £3000 by Samuel Howell to his granddaughter Hannah L.

Case agreed. “The plaintiffs being bona fide, and for a valuable consideration, possessed of certain notes issued by this Bank, and having occasion to remit money to Baltimore, cut them in halves, and in February 1806, enclosed'-the half parts of said notes to their correspondent in Baltimore, which were 

“In October 1812, the defendant, a merchant of Philadelphia, consigned to the plaintiff, a merchant of Bourdeaux, forty bags of coffee, weighing between five and six thousand pounds, which were accompanied by a letter of advice, apprizing him of the consignment, and containing the following order, viz.