Page:Federal Reporter, 1st Series, Volume 4.djvu/321

IN BE roWLBB. 807 �there, in reference to said forgenes. These depoEdtions bear «ertificates of ihe same character, from the home department, and the foreign ofiSce, and the United States legation, as those certifying the copies of the information and the warrant. �The second section of the act of August 12, 1848, (9 U. S. St. at Large, 302,) provided as foUows: "In every case of complaint as aforesaid, and of a hearing upon the return of the warrant of arrest, copies Qf the depositions upon which an original warrant in any such foreign country may have been granted, certified under the hand of the person or per- sons issuing such warrant, and attested upon the oath of the party produeing them to be true copies of the original depo- sitions, may be received in evidence of the criminality of the person so apprehended." This was a narrow provision. It allowed in evidence here, not any original depositions on which a warrant abroad issued, not any original depositions used abroad on the hearing of the charge after an arrest under the warrant, not any copies of the latter depositions, not such original warrant, not a copy of it, not any other original paper, or a copy thereof, but only copies of the de- positions abroad on which the warrant abroad issued, and then it required such copies to be certified in a particular way, and to be attested by a particular oath. �Then foUowed the act of June 22, 1860, (12 U. S. St. at Large, 84,) which provided as follows : "In ail cases where any depositions, warrants, or other papers, or copies thereof, shall be offered in evidence upon the hearing of an extradi- tion case," under the second section of the actof 1848, "such depositions, warrants, and other papers, or copies thereof, ehall be admitted and received for the purposes mentioned in the said section, if they shall be properly and legally authenti- cated, so as to entitle them to be received for similar pur- poses by the tribunals of the foreign country from which the accused party shall have escaped, and the certiûcate of the principal diplomatie or consular ofBcer of the United States, resident in such foreign country, shall be proof that any paper or other document so offered is authenticated in the manner required by this act." ����