A petition for an injunction under the nuisance act of 1887 is a civil proceeding (State v. Saunders, ante, p. 39), and consequently depositions may be taken and used therein. Gen. Laws, c. 229, s. 1.

As to the other objections to the caption taken by the petitioner, it is hardly necessary to say that they were not open to him at that stage of the proceedings.

Petition denied.

BINGHAM, J., did not sit: the others concurred.