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justice of a court, it shall be further authenticated by the clerk or prothonotary of the said court, who shall certify, under his hand and the seal of his office, that the said presiding justice is duly commissioned and qualified; or, if given by such governor, secretary, chancellor, or keeper of the great seal, it shall be under the great seal of the State, Territory, or country aforesaid in which it is made. And the said records and exemplifications, so authenticated, shall have such faith and credit given to them in every court and office within the United States as they have by law or usage in the courts or offices of the State, Territory, or country, as aforesaid, from which they are taken. [R. S.]
Act of March 27, 1804, ch. 56, 2 Stat. L. dence of the existence, execution, the convey298, 299; Act of Feb. 21, 1871, ch. 62, 16 ance of the lands therein described, the inStat. L. 419.
debtedness thereby created, and the covenants “ Shall have such faith and credit given to and agreements therein contained. Chase v. them in every court and office within the Caryl, (1895) 57 N. J. L. 545. United States as they have by law or usage It is not competent to prove by the testiin the courts or offices of the state," does not mony of the register of deeds of another state impart to an authenticated state record any. that an instrument read in evidence was a thing more than “ faith and credit," and chattel mortgage, duly filed and recorded in does not extend the effect of a decision his office; proof of such instrument should against a state to the United States, nor be made in the manner required by this secmake an award or judgment which might be tion. Jones v. Melindy, (1896) 62 Ark. 203. final against a state “either obligatory in The statute does not exclude every other law, or conclusive as evidence, against the mode of authentication, nor abrogate any United States.” Williams v. U. S., (1890) principle of evidence previously established. 137 U. S. 113.
* It is the settled rule that when the copy of A recorded mortgage is such a record as is an instrument is certified to by the officer within the meaning of this statute, and an whose duty it is by law to keep the original exemplification of the record may be ad on file in his office, it must be received as evimitted in evidence when, by the law of the dence of the original.” Logansport Gas state in which the mortgage is of record, the Light, etc., Co. v. Knowles, (1871) 4 Chicago record, as between the parties, is made evi Leg. N. 75, 15 Fed. Cas. No. 8,466.
Sec. 907. [Copies of foreign records, etc., relating to land-titles in the United States.] It shall be lawful for any keeper or person having the custody of laws, judgments, orders, decrees, journals, correspondence, or other public documents of any foreign government or its agents, relating to the title to lands claimed by or under the United States, on the application of the head of one of the Departments, the Solicitor of the Treasury, or the Commissioner of the General Land-Office, to authenticate copies thereof under his hand and seal, and to certify them to be correct and true copies of such laws, judgments, orders, decrees, journals, correspondence, or other public documents, respectively; and when such copies are certified by an American minister or consul, under his hand and seal of office, to be true copies of the originals, they shall be sealed up by him and returned to the Solicitor of the Treasury, who shall file them in his office, and cause them to be recorded in a book to be kept for that purpose.
of any such law, judgment, order, decree, journal, correspondence, or other public document, so filed, or of the same so recorded in said book, may be read in evidence in any court, where the title to land claimed by or under the United States may come into question, equally with the originals. [R. S.]
Act of Feb. 22, 1849, ch. 61, 9 Stat. L. 346; Act of March 2, 1849, ch. 82, 9 Stat. L. 350.
Sec. 908. [Relates to Little & Brown's edition of statutes as evidence. See STATUTES.] Sec. 909. [Burden of proof, when lies on claimant in seizure cases.
See FINES, PENALTIES, AND FORFEITURES.]
Sec. 910. [Possessory actions for recovery of mining titles. LANDS, MINES, AND MINING.]
Sec. 2469. [Copies of records, etc., to be certified.] The Commissioner of the General Land-Office shall cause to be prepared, and shall certify, under the seal of the office, such copies of records, books, and papers on file in his office, as may be applied for, to be used in evidence in courts of justice. [R. S.]
Act of July 4, 1836, ch, 352, 5 Stat. L. 111. certified by the commissioner of the General
See R. S. sec. 891, supra, relative to copies Land Office to be a correct copy of any record of records, etc., of General Land Office.
or paper on file in his office. Its character Duplicate tract book - original destroyed. as such was sufficiently established by proof - Where the records of a land office were that it was in use as a tract book in the local destroyed by fire, a tract book, purporting to land office, that it was made under the direcshow what portions of the land of the various tion of the commissioner of the general land townships named therein is public land, pre oflice, and had been transmitted by him to pared under the direction of the commis the register and receiver for their official sioner of the General Land Office as a substi use." Jesse D. Carr Land, etc., Co. v. U. S., tute for the original tract book destroyed, (C. C. A. 1902) 118 Fed. Rep. 821. may be used in evidence, though it is not
Sec. 2470. [Exemplifications valid without names of officers signing and countersigning.) Literal exemplifications of any records which have been or may be granted in virtue of the preceding section shall be deemed of the same validity in all proceedings, whether at law or in equity, wherein such exemplifications are adduced in evidence, as if the names of the officers signing and countersigning the same had been fully inserted in such record. [R. S.]
Act of March 3, 1843, ch, 95, 5 Stat. L. 627.
Sec. 4071. [Taking testimony to be used in foreign countries.] The testimony of any witness residing within the United States, to be used in any suit for the recovery of money or property depending in any court in any foreign country with which the United States are at peace, and in which the government of such foreign country shall be a party or shall have an interest, may be obtained, to be used in such suit. If a commission or letters rogatory to take such testimony, together with specific written interrogatories, accompanying the same, and addressed to such witness, shall have been issued from the court in which such suit is pending, on producing the same before the district judge of any district where the witness resides or shall be found, and on due proof being made to such judge that the testimony of any witness is material to the party desiring the same, such judge shall issue a summons to such witness requiring him to appear before the officer or commissioner named in such commission or letters rogatory, to testify in such suit. And no witness shall be compelled to appear or to testify under this section except for the purpose of answering such interrogatories so issued and accompanying such commission or letters: Prorided, That when counsel for all the parties attend the examination, they may consent that questions in addition to those accompanying the commission or letters rogatory may be put to the witness, unless the commission or letters rogatory exclude such additional interrogatories. The summons shall specify the time and place at which the witness is required to attend, which place shall be within one hundred miles of the place where the witness resides or shall be served with such summons. [R. S.]
Act of March 3, 1863, ch. 95, 12 Stat. L. party or has an interest." Matter of Pacific 769; Act of March 3, 1873, ch. 245, 17 Stat. R. Commission, (1887) 32 Fed. Rep. 257. L. 581.
Criminal prosecution. — A petition of the See R. S. sec. 875, supra, relative to letters
Spanish consul at the port of New York rogatory from United States courts.
represented that he had received from the Only where foreign government is party or judge of the southern district of Santiago, in has interest. “It would seem that, by the island of Cuba, a commission, empowerAct of Congress, the power of the federal ing him to take testimony of certain wit. courts in this respect has been restricted to
nesses named therein, to be used in a criminal cases in which a foreign government is a
prosecution for swindling, a translation of
which commission he produced, and prayed that a
summons might be issued requiring the witnesses to attend and testify. The petition was denied, as this act is confined to the taking of testimony to be used in a suit for the recovery of money or property depending in a court of a country with which the United States are at peace, and in which the government of such a foreign country is a party or has an interest. Matter of Spanish Consul, (1867) 1 Ben. (U. S.) 225.
Investigation as to smuggling. — This section provides that the testimony of any witness residing in the United States may be obtained by commission or letters rogatory,
to be used in a suit (a) for the recovery of money or property; (b) depending in any court in a foreign country, with which the United States are at peace; (c) where the governinent of that country is a party to such suit, or interested therein. It does not permit the taking of testimony for the court of Vera Cruz" for the purpose of clearing up the details of ” a certain importation, where it does not appear that the “ proceedings relating to the investigation as to the smuggling amount to “a suit for the recovery of money or property.” In re Letters Rogatory, (1888) 36 Fed. Rep. 306.
Sec. 4072. [Witness need not criminate himself.] No witness shall be required, on such examination or any other under letters rogatory, to make any disclosure or discovery which shall tend to criminate him either under the laws of the State or Territory within which such examination is had, or any other, or any foreign state. [R. S.]
Act of March 3, 1873, ch. 245, 17 Stat. L. 581.
Sec. 4073. [Punishment of witness for contempt.] If any person shall refuse or neglect to appear at the time and place mentioned in the summons issued, in accordance with section forty hundred and seventy-one, or if upon his appearance he shall refuse to testify, he shall be liable to the same penalties as would be incurred for a like offense on the trial of a suit in the district court of the United States. [R. S.]
Act of March 3, 1863, ch. 95, 12 Stat. L. 769.
Sec. 4074. [Fees and mileage of witnesses.] Every witness who shall so appear and testify shall be allowed, and shall receive from the party at whose instance he shall have been summoned, the same fees and mileage as are allowed to witnesses in suits depending in the district courts of the United States. [R. S.]
Act of March 3, 1863, ch. 95, 12 Stat. L. 769.
Sec. 5. [Books, invoices, and papers required in civil suits under revenuelaws.] That in all suits and proceedings other than criminal arising under any of the revenue-laws of the United States, the attorney representing the Government, whenever, in his belief, any business-book, invoice, or paper, belonging to or under the control of the defendant or claimant, will tend to prove any allegation made by the United States, may make a written motion, particularly describing such book, invoice, or paper, and setting forth the allegation which he expects to prove; and thereupon the court in which suit or proceeding is pending may, at its discretion, issue a notice to the defendant or claimant to produce such book, invoice, or paper in court, at a day and hour to be specified in said notice, which, together with a copy of said motion, shall be served formally on the defendant or claimant by the United States marshal by delivering to him a certified copy thereof, or otherwise serving the same as original notices of suit in the same court are served; and if the defendant or claimant shall fail or refuse to produce such book, invoice, or paper in obedience to such notice, the allegations stated in the said motion shall be taken as confessed unless his failure or refusal to produce the same shall be explained to the satis
faction of the court. And if produced, the said attorney shall be permitted, under the direction of the court, to make examination (at which examination the defendant or claimant, or his agent, may be present) of such entries in said book, invoice, or paper as relate to or tend to prove the allegation aforesaid, and may offer the same in evidence on behalf of the United States. But the owner of said books and papers, his agent or attorney, shall have, subject to the order of the court, the custody of them, except pending their examination in court as aforesaid. [18 Stat. L. 187.]
This, and the following section 8, are from Act, is unconstitutional and void, as being the Act of June 22, 1874, ch. 391, 18 Stat. L. ex post facto, and therefore, in a suit by the 186. See for the other sections of this Act government before the passage of the Act for title (USTOMS DUTIES, vol. 2, p. 754.
forfeiture of goods on account of alleged See R. S. sec. 860, supra.
fraudulent importations, an order calling This section unconstitutional. - In actions upon the claimants to produce a certain infor penalties or forfeitures of goods, this sec voice proposed to be admitted as evidence tion is unconstitutional, as being opposed to was declared void. articles 4 and 5 of the Constitutional Amend This Act is not limited to cases arising ments. Boyd v. U. S., (1886) 116 U. S. 616. under the customs revenue laws, but applies See also U. S. v. Hughes, (1875) 8 Ben. (U. also to proceedings under the internal revS.) 29, 26 Fed. Cas. No. 15,416, holding that enue laws. U. S. v. Distillery No. Twentythis section, so far as it applies to a suit Eight, (1875) 6 Biss. (U. S.) 483, 25 Fed. pending at the time of the passing of the Cas. No. 14,966.
SEC. 8. [Officers and persons claiming compensation and defendants may be witnesses.] That no officer, or other person entitled to or claiming compensation under any provision of this act, shall be thereby disqualified from becoming a witness in any action, suit, or proceeding for the recovery, mitigation, or remission thereof, but shall be subject to examination and cross-examination in like manner with other witnesses, without being thereby deprived of any right, title, share, or interest in any fine, penalty, or forfeiture to which such examination may relate; and in every such case the defendant or defendants may appear and testify and be examined and cross-examined in like manner. [18 Stat. L. 188.]
See note to section 5 above.
In Army, see WAR DEPARTMENT AND MILITARY ESTABLISHMENT.
EXCEPTIONS BILL OF.
R. S. 916. Executions in Common-law Causes, 44.
985. Executions to Run in All the Districts of a State, 44.
Cause, etc., 46. 990. Imprisonment for Debt, 48. 991. Discharge from Arrest or Imprisonment on Mesne or Final Process, 50. 992. Privileges of Fail Limits, 51. 993. Goods Taken on a Fieri Facias, How Appraised, 51. 994. Death of Marshal After Levy or After Sale, 52. 3470. Purchase on Execution, 52. 3471. Discharge of Poor Debtor by Secretary of the Treasury, 52.
3472. Discharge by the President, 53.
2. Personal Property, 54.
On Review of Judgment of State Court by Supreme Court, see JUDICIARY.
vol. 2, p. 354.
Sec. 916. [Executions in common-law causes.] The party recovering a judgment in any common-law cause in any circuit or district court, shall be entitled to similar remedies upon the same, by execution or otherwise, to reach the property of the judgment debtor, as are now provided in like causes by the laws of the State in which such court is held, or by any such laws hereafter enacted which may be adopted by general rules of such circuit or district court; and such courts may, from time to time, by general rules, adopt such State laws as may hereafter be in force in such State in relation to remedies upon judgments, as aforesaid, by execution or otherwise. [R. S.]
Act of June 1, 1872, ch. 255, 17 Stat. L. JUDICIARY, and the cases construing it will 197.
be found under that title. This section is repeated under the title
Sec. 985. [Executions to run in all the districts of a State.] All writs of execution upon judgments or decrees obtained in a circuit or district court, in any State which is divided into two or more districts, may run and be executed in any part of such State; but shall be issued from, and made returnable to, the court wherein the judgment was obtained. [R. S.]