Court for the Trial of Impeachments and Correction of Errors July 15, 1845 (People v. Brooks)

By the Court, Beardsley, J.

An action Avas pending before a justice, in Avhich it was laAvful for the defendant therein to make an affidavit shoAving the justice to be a material witness for him, with a view to effect a discontinuance of said cause., (Laws 1838, p. 232, § 1.) A justice of the peace is authorized to take such an affidavit.