Page:Federal Reporter, 1st Series, Volume 4.djvu/317

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

IH BB FOWLBB. 303 �paroi lîcense can be revoked before acted upon, which is the case here. Bigelow on Estoppel, 227-8; 28 N. Y. 297; 1 Selden, 568. �I am satisfied upon consideration of the case, after the full and able argument of counsel on both sides, that the mo- tion to dissolve the injunction must be denied, and it is so ordered. ���In re Fowlbb. {Oirmit G<mi, S. D. Nm York. -, 1880.> �1. Extradition— Evidence— AcT of Jcne 19, 1876, (19 U. 8. St. at �Labgb, 597)— Bbv. 8t. } 5271.— The act of June 19, 1876, (19 U. B. St. at Large, 597,) amending section 5271 of the Reviaed Statutes, relating to cases of extradition, provides : " In every case of complaint aad of a hearing, upon the retum of a warrant of arrest, any depositions, ■warrants, or other papers ofEered in evidence shall be admltted and received for the purpose of such hearing, if tbey shall be properly and legally authenticated, so as to entitle them to be received as evidence of the criminality of the person so apprehended by the tribunals of the foreign country from which the accused party shall have escaped ; and copies of any such depositions, warrants, or other papers shall, if authenticated according to the law of such foreign country, be in like manner received as evidence; and the certificate of the principal diplomatie or consular oiflcers of the United States resident in such foreign country shall be proof that any such deposition, warrant, or other paper, or copy thereof , is authenticated in the manner required by this section." RM, that this section as thus amended provides for two classes of documentary evidence — Fir»t, original depositions, orig- inal warrants, and original " other papers ; " aecotid, copies of " any such depositions, warrants, or other papers." �2. Bamb— Obiginai. Documents— AT3THKNTioATi0N.—fi«î(î, furfher, that �the flrst class, the originals, myst be documents which would be en- titled to be received in the tribunals of the foreign country as evi- dence of the criminality of the person, in respect to the oSence chargea against him as committed there, if the inquiry as to his crim- inality in respect of such offence were being had in such foreign tri- bunals; and such originals must be authenticated in such a proper and legal manner as would entitle them to be received aa such evidence ia such foreign tribunals. ����