Sec. 133. Copies of department records and papers. 134. Copies of records, etc., in office of Solicitor of the Treasury. 135. Records of Indian Bureau, how authenticated. 136. Papers of Comptroller of the Currency. 137. Organization certificates of national banks. 138. Transcripts from books, etc., of the Treasury in suits against delinquents. Transcripts in indictments for embezzlement of public moneys. 139. 140. Copies of return in returns office. 141. Copies of Post-Office records and Auditor's statement of accounts. 142. Copies of statements or demands by Post Office Department. 143. Copies of records, etc., of General Land Office. 144. Copies of records, etc., of Patent Office. 145. Copies of foreign letters patent. 146. Printed copies of specifications and drawings of patents. 147. Extracts from journals of Congress. 148. Copies of records, etc., in offices of United States consuls. 149. Transcripts by clerks of district courts in certain States. 150. Copies of certain entries to be regarded as originals. 151. Transcripts into new books same as originals. 152. When original records are lost or destroyed. 153. Same subject. 154. Same subject. 155. Notice in proceedings to restore destroyed records. 156. Same subject. 157. Same subject. 158. Authentication of legislative acts and judicial proceedings of States, etc. 159. Proofs of records, etc., kept in offices not pertaining to courts. 160. Copies of foreign records, etc., relating to land titles. 161. Certain publications competent evidence of acts of Congress. 162. Supplement to Revised Statutes. 163. Second edition of the Revised Statutes. 164. Burden of proof in seizure cases. 165. Possessory actions for recovery of mining titles. Competency of witness to be determined by laws of State. 1 SEC. 106. The competency of a witness to testify in 2 any civil action, suit, or proceeding in the courts of the The Argo, 2 Wheat., 284; Vattier v. Hinde, 7 Pet., 252; U. S. v. 3 Murphey, 16 Pet., United States shall be determined by the laws of the State or SEC. 106. CHAP. 3608.-An Act To amend section eight hundred and fifty-eight of the Revised Statutes of 203; Bridges v. Armour, 5 How., 91; Vance v. Campbell, 1 Black, 427; Wright v. Bales, 2 Black, 535; 1 2 Territory in which the court is held. [R. S., s. 858. 29 June, 1906, 34 Stat. L., 618, c. 3608.] Ryan v. Bindley, 1 Wall., 66; Green v. U. S., 9 Wall., 655; Clinton v. Englebrecht, 13 Wall., 434; Lucas v. Brooks, 18 Wall., 453; Hornbuckle v. Toombs, 18 Wall., 648; Nash v. Williams, 20 Wall., 226; Cornett v. Williams, 20 Wall., 226; Packet Co. v. Clough, 20 Wall., 537; Railroad Co. v. Pollard, 22 Wall., 341; Texas v. Chiles, 21 Wall., 488; N. J. R. Co. v. Pollard, 22 Wall., 877; Good v. Martin, 95 U. S., 90; Life Ins. Co. v. Schaefer, 94 U. S., 457; U. S. v. Clark, 96 U. S., 37; Potter v. Third Nat. Bank of Chicago, 102 U. S., 163, 164; Page v. Burnstine, 102 U. S., 664; R. S. Co. v. Koontz, 104 U. S., 5; King v. Worthington, 104 U. S., 50; Bradley v. U. S., 104 U. S., 442; Monongahela Bank v. Jacobus, 109 U. S., 277; Insurance Co. v. Trust Co., 112 U. S., 255; Hobbs v. McLean, 117 U. S., 579; Brown v. Sutton, 129 U. S., 238; Goodwin v. Fox, 129 U. S., 602; Snyder v. Fiedler, 139 U. S., 478; McAllister v. U. S., 141 U. S., 174; Logan v. U. S., 144 U. S., 263; Benson v. U. S., 146 U. S., 325; Fong Yue Ting v. U. S., 149 U. S., 698; Hopkins v. Grimshaw, 165 U. S., 342; Glover v. Patten, 165 U. S., 394; Re Merrill, 9 Ben., 165, 17 Fed. Cas., 80; Mumm v. Owens, 2 Dillon, 475, 17 Fed. Cas., 982; In re Campbell, 3 Hughes, 276, 4 Fed. Cas., 1147; Eslava v. Mazange, 1 Woods, 623, 8 Fed. Cas., 780; Green v. Taylor, 3 Hughes, 400, 10 Fed. Cas., 1121; Heath v. Erie R. Co., 9 Blatch., 316, 11 Fed. Cas., 1001; James v. Atlantic Delaine Co., 3 Cliff., 614, 13 Fed. Cas., 291; Rison v. Cribbs, 1 Dillon, 181, 20 Fed. Cas., 833; Robinson v. Mandell, 3 Cliff., 169, 20 Fed. Cas., 1029; The Stranger, Brown's Adm., 281, 23 Fed. Cas., 221; U. S. v. Cigars, Woolw., 123, 28 Fed. Cas., 39; R. I. T. Trust Co. v. Hazard, 6 Fed. Rep., 119; Rice v. Martin, 8 Fed. Rep., 476; Jerman v. Stewart, 12 Fed. Rep., 275; Sheidley v. Aultman, 18 Fed. Rep., 666; Berry v. Sawyer, 19 Fed. Rep., 286; Wooster v. Hill, 22 Fed. Rep., 830; U. S. v. Barefield, 23 Fed. Rep., 136; Penn. R. Co. v. Allegheny V. R. Co., 25 Fed. Rep., 115; Dravo v. Fabel, 25 Fed. Rep., 116; Witters v. Sowles, 28 Fed. Rep., 218; Charlotte, Duchesse d'Auxy, v. Scutter, 28 Fed. Rep., 733; Crawford v. Moore, 28 Fed. Rep., 830; Life Ins. Co. v. Watson, 30 Fed. Rep., 653; Witters v. Sowles, 32 Fed. Rep., 130; McManners v. Paxton, 37 Fed. Rep., 296; Manning v. Clark, 40 Fed. Rep., 121; Stephens v. Bernays, 42 Fed. Rep., 488; McClasky v. Barr, 47 Fed. Rep., 154, 48 Fed. Rep., 130; U. S. v. Sanges, 48 Fed. Rep., 78; Lloyd v. Pennie, 50 Fed. Rep., 4; Ü. S. v. Hall, 53 Fed. Rep., 352; Green v. Terwilliger, 56 Fed. Rep., 384; Mutual Benefit Life Ins. Co. v. Robinson, 58 Fed. Rep., 723; Lowry v. Kusworm, 66 Fed. Rep., 538; Continental Nat. Bank v. Heilman, 81 Fed. Rep., 36; Nat., &c., Co. v. Interchangeable Brake Beam Co., 83 Fed. Rep., 26; Slavens v. Northern P. Ry. Co., 97 Fed. Rep., 255; Butler v. Fayerweather, 91 Fed. Rep., 458; De Roux v. Girard, 90 Fed. Rep., 537; Steiner v. Eppinger, 23 U. S. App., 344; De Beaumont v. Webster, 81 Fed. Rep., 535; Hinchman v. Parlin & Orendorf Co., 74 Fed. Rep., 698; Morris v. Norton, 75 Fed. Rep., 912; Travis v. Nederland L. I. Co., 104 Fed. Rep., 457; Duncan v. Landis, 106 Fed. Rep., 841; Jones v. U. S., 1 Ct. Cls., 383. Competence of defendants in criminal actions. Boyd v. U. S., 116 U. S., 616; Spies v. Illinois, 123 U. S., 131; Wilson v. U. S., 149 U. S., 60; Reagan v. U.S.,157 U.S., 301; U. S. v. Bubusch, 1 Fed. Rep., 213; U. S. v. Houghton, 14 Fed. Rep., 544; U.S. v. Pendergast, 32 Fed. Rep., 198; U. S. v. Bebont, 28 Fed. Rep., 522; U. S. v. Brown, 40 3 SEC. 107. In the trial of all indictments, informations, 4 complaints, and other proceedings against persons charged 5 with the commission of crimes, offenses, and misdemeanors 6 7 8 9 in the United States courts, Territorial courts, and courtsmartial and courts of inquiry, in any State or Territory, including the District of Columbia, the person so charged shall, at his own request, but not otherwise, be a competent 10 11 any presumption against him. witness; but his failure to make such a request shall not create against him. [See sec. 2249, Art. 110.] 12 [16 Mar., 1878, 20 Stat. L., 30, c. 37; 1 Supp., 155.] SEC. 107. CHAP. 37. An Act To make persons charged with crimes and offenses competent witnesses in the United States and Territorial courts. March 16, 1878. may be witnesses, etc. That in the trial of all indictments, informations, complaints, and other proceedings against persons charged with the commission of crimes, offences, criminal cases and misdemeanors, in the United States courts, Territorial courts, and courtsmartial, and courts of inquiry, in any State or Territory, including the District of Columbia, the person so charged shall, at his own request but not otherwise, be a competent witness. R. S., §§ 858, 1342, 1624. R. S. of D. C., And his failure to make such request shall not create any presumption § 876. 43 Fed. Rep., against him. 248. In prosecutions for bigamy, etc., husband or wife may testify. 1 2 3 SEC. 108. In any proceeding or examination before a grand jury, judge, justice, court, or United States commis sioner, in any prosecution for bigamy, polygamy, or unlawful 4 cohabitation, under any statute of the United States, the 5 lawful husband or wife of the person accused shall be a com 6 petent witness, and may be called, but shall not be compelled 7 to testify in such proceeding, examination, or prosecution 8 without the consent of the husband or wife, as the case may 9 be; and such witness shall not be permitted to testify as to 10 any statement or communication made by either husband 11 or wife to each other, during the existence of the marriage relation, deemed confidential at common law. [3 Mar., 1887, 24 Stat. L., 635, c. 397, s. 1; 1 Supp., 568.] 12 13 Testimony of 14 witnesses before Congress not ad missible against 15 them in criminal prosecutions. In re Chapman, 16 166 U. S., 661. 17 SEC. 109. No testimony given by a witness before either House, or before any committee of either House of Congress, shall be used as evidence in any criminal proceed ing against him in any court, except in a prosecution for 18 perjury committed in giving such testimony. But an official 19 paper or record produced by him is not within the said privi20 lege. [R. S., s. 859.] |