Strahan, C. J., delivered the opinion of the court.
There being no bill of exceptions in this case, the appellant relies upon the certificate of the official reporter. On February 25, 1889, an act entitled 'An act authorizing the appointment of official reporters in the circuit courts, and prescribing their duties and fixing their compensation," was approved. Session Acts, 1889, pp. 142, 143, 144.
Under section 2 of that act the reporter, when a full report is ordered, "shall cause accurate shorthand notes of the oral testimony or other proceedings to be taken." Section 3 provides for the reporter's compensation. Section 4, amongst other things, makes it the duty of the reporter, when shorthand notes have been taken in any case as in the act provided, if the court or either party requests a transcript of the notes, to cause a full, accurate type-written transcript of the testimony or other proceedings, which should be certified and filed with the clerk, for the use of the court or parties. Section 5 provides, in effect, that said report and proceedings, when transcribed and certified as correct, may thereafter be read in evidence as the deposition of a witness in the cases mentioned in section 829, Hill's Code.

Reports of cases decided in the Supreme Court of the State of Oregon., Filed Nov. 10 1890., p. 536-537.
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