Page:Federal Reporter, 1st Series, Volume 6.djvu/51

 EX PABTB liANB. ���%9 ���discussed, but I think, as a general rule, a mere allegatioh that the complainant has reason to believe, and does believe, is insufficient. Such was the ruling in Ex parte Smith, 8 McLean, 135, and such, I think, is the inference to be drawn from the language of the court in Washburn V. People, 10 Mich. 372, in which a distinction is drawn between complaints, and jurats of a prosecuting attorney attaehed to informations made after preliminary examinations before a magistrate. �This is certainly the rule in analogous cases. Thus, affi- davits upon information and belief alone are insufficient to authorize the arrest of a fraudulent or absconding debtor. Smith V. Luce, 10 Wend. 257; Matter of Eliss, 7 Hill, 187; Proctorv.Prout, 17 Mich. 473, �• In cases of injunctions, the rule is that the material facts must be sworn to positively, and by a person having knowl- edge of such facts. Waddell v. Bruen, 4 Edwards, Ch. 671; Annstrong v. Sandford, 4 Minn. 49. �So, also, with regard to depositions attaehed to a petition for an adjudication of bankruptcy, it has usually been held that such depositions, as to the acts of bankruptcy, must be such as to constitute legal testimony; that the statements must be of facts, and not the mere conclusions of witnesses; and that, as a general rule, they must be of the witnesses' own knowledge, and be stated with such clearness as to leave no doubt as to their meaning. Inre Rosenfield, 11 Bank. Eeg. 86; In re Hadley, 12 Bank. Eeg. 366, 374. �I would not undertake to say, however, that a complaint for extradition may not be made upon information and be- lief, for such a ruling might put it out of the powcr of a for- eign government to obtain the surrender of a criminal in a large number of cases, without incurring a very great and un- necessary expanse in so doing. For instance, in the case of Farez, 7 Blatchf.345, the complaint was made by a representa- tive of a foreign government, in his officiai capacity as Swiss consul. I have no doubt that if depositions have been taken in a foreign country tending to show the accused guilty of the crime, or if an indictment has been found against him, ��� �