Page:United States Statutes at Large Volume 62 Part 1.djvu/864

 PUBLIC LAWS-CH. 645-JUNE 25, 1948 Pot, p. 835. Issuance of commis- sion. § 3488. INTOXICATING LIQUOR IN INDIAN COUNTRY AS EVIDENCE OF UNLAWFUL INTRODUCTION The possession by a person of intoxicating liquors in Indian country where the introduction is prohibited by treaty or Federal statute shall be prima facie evidence of unlawful introduction. § 3489. DISCOVERY AND INSPECTION-(RULE) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Inspection of documents and papers taken from defendant, Rule 16. § 3490. OFFICIAL RECORD OR ENTRY-(RULE) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Proof of official record or entry as in civil actions, Rule 27. § 3491. FOREIGN DOCUMENTS Any book, paper, statement, record, account, writing, or other docu- ment, or any portion thereof, of whatever character and in whatever form, as well as any copy thereof equally with the original, which is not in the United States shall, when duly certified as provided in section 3494 of this title, and section 695e of Title 28, be admissible in evidence in any criminal action or proceeding in any court of the United States if the court shall find, from all the testimony taken with respect to such foreign document pursuant to a commission executed under section 3492 of this title, that such document (or the original thereof in case such document is a copy) satisfies the requirements of section 695 of Title 28, unless in the event that the genuineness of such document is denied, any party to such criminal action or proceed- ing making such denial shall establish to the satisfaction of the court that such document is not genuine. Nothing contained herein shall be deemed to require authentication under the provisions of section 3494 of this title and section 695e of Title 28 of any such foreign documents which may otherwise be properly authenticated by law. § 3492. COMMIssION TO CONSULAR OFFICERS TO AUTHENTICATE FOREIGN DOCUMENTS (a) The testimony of any witness in a foreign country may be taken either on oral or written interrogatories, or on interrogatories partly oral and partly written, pursuant to a commission issued, as herein- after provided, for the purpose of determining whether any foreign documents sought to be used in any criminal action or proceeding in any court of the United States are genuine, and whether the require- ments of section 695 of Title 28 are satisfied with respect to any such document (or the original thereof in case such document is a copy). Application for the issuance of a commission for such purpose may be made to the court in which such action or proceeding is pending by the United States or any other party thereto, after five days' notice in writing by the applicant party, or his attorney, to the opposite party, or his attorney of record, which notice shall state the names and addresses of witnesses whose testimony is to be taken and the time when it is desired to take such testimony. In granting such applica- tion the court shall issue a commission for the purpose of taking the testimony sought by the applicant addressed to any consular officer of the United States conveniently located for the purpose. In cases of testimony taken on oral or partly oral interrogatories, the court shall make provisions in the commission for the selection as hereinafter provided of foreign counsel to represent each party (except the United States) to the criminal action or proceeding in which the foreign documents in question are to be used, unless such party has, prior to the issuance of the commission, notified the court that he does not desire the selection of foreign counsel to represent him at the time of taking 834 [62 STAT.

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