Page:Federal Reporter, 1st Series, Volume 4.djvu/323

 IN BB FOWÏiïat. ■ 'ÔÔÔ �turn of a -vrarrant of arrest, any depositions, ■warrants, or other papers offered in evidence shall be admitted and re* ceived for the purpose of such hearing, if they shall beprop- erly and legally authentieated, so as to entitle thein to be received as evidence of the criminality of the person so appte- hended by the tribunals of the foreign country from which the accused party shall have eseaped ; and copies of any such depositions, warrants, or other papers shall, if authentieated according to the law of such foreign country, be in like man- ner received as evidence ; and the certificate of the principal diplomatie or consular officers of the United States resident in such foreign country shall be proof that any such deposi- tion, warrant, or other paper, or copy thereof, is authenti- eated in the manner required by this section." �The provisions of section 5271, as thns amended, do not appear to have been construed in any adjudged case. The section provides for two classes of documentai^y evidence — First, "depositions, warrants, or other papers," which means original depositions, original warrants, and original other papers — the depositions, warrants, and papers themselves, and not copies of them; see&nd, copies of "any such deposi- tions, warrants, or other papers." The first class, the orig- inals, must be documents which would be entitled to be received in the tribunals of the foreign country as evidence of the criminality of the person, in respect to the offence charged against him as committed there, if the inquiry as to his criminality in respect qf such offence were being had in such foreign tribunals, and such originals must be authenti- eated in such a proper and legal manner as would entitle them to be received as such evidence in such foreign tri- bunals. The second class, the copies, must be copies of orig- inal documents, which originals would be entitled to be received in the tribunals of the foreign country as evidence of the criminality of the person in respect to the offence charged against him, as committed there, if the inquiry as to his criminality in respect of said offence were being had in such foreign tribunals, and such copies must be "authentieated according to the Jaw of such foreign country;" that is, authen- ����