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ceed with the case under such rules as may be adopted by the court, but the plaintiff is not permitted to have judgment for his claim or any part of it, unless he shall establish the same by satis factory proof.107 The form of the petition is immaterial, and a demurrer to it should not be sustained if facts are set forth from which a contract may be implied, or if it states lawful and authorized acts of the government, not amounting to torts of its agents, upon which there may be sustained an obligation to pay damages.

108

'' 109

§ 590. Judgments and appeals. It is the duty of the court to cause a written opinion to be filed, setting forth its specific findings of facts and conclusions of law, and to render judgment accordingly. "If the suit be in equity or admiralty, the court shall proceed with the same according to the rules of such courts. The findings of facts are equivalent to the verdict of a jury.110 If the facts are not in dispute, and if it appear from the pleadings, exhibits and opinion that the judgment of the court is justified, separate findings of facts and conclusions of law are not indispensable.111 A judgment against the United States will be reversed if the findings are obscure and incomplete.112 No person is excluded as a witness because he is a party or interested. and either party to the suit has the same rights of appeal or writ of error as are reserved in the statutes of the United States, and upon the same conditions and limitations. The mode of pro cedure in claiming and perfecting an appeal or writ of error is required to conform in all respects, as near as may be, to the statutes and rules of court governing appeals and writs of error in like cases.113 Where the record or the opinion of the lower court shows that the judgment was rendered for the purpose of submitting the question on appeal, and against the convictions. of the court, a pro forma judgment rendered against the United

107 24 U. S. Stats. at Large, 506. Chappel v. United States, 34

108

Fed. 673.

109 24 U. S. Stats. at Large, 506. 110 Stone v. United States, 164 U. S. 380, 17 Sup. Ct. Rep. 71, 41 L.

111 United States v. Tinsley, 68 Fed. 433, 15 C. C. A. 507.

112 United States v. Kelly, 89 Fed. 946, 32 C. C. A. 441.

113 24 U. S. Stats. at Large, 506, 507.

States by the court of claims will be reversed.114 The inquiry is limited to the question whether the judgment is supported by specific findings required by the act.1

114 United States v. Gleeson, 124 U. S. 255, 8 Sup. Ct. Rep. 502, 31 L. ed. 421. See as to appeals, United States v. Davis, 131 U. S. 39, 9 Sup. Ct. Rep. 657, 33 L. ed. 93; United States v. Yukers, 60 Fed. 641, 9 C. C. A. 171; United States v. Davis, 131 U. S. 36, 9 Sup. Ct. Rep. 657, 33 L. Treaties-37

115

ed. 93; United States v. Harsha, 172 U. S. 567, 19 Sup. Ct. Rep. 294, 43 L. ed. 556; Chase V. United States, 155 U. S. 489, 15 Sup. Ct. Rep. 174, 39 L. ed. 234.

115 Chase v. United States, 155 U. S. 500, 15 Sup. Ct. Rep. 174, 39 L. ed. 234.

APPENDIX I.

EXTRADITION.

The following regulations have been adopted by the Department of State concerning the extradition of fugitives from justice:

MEMORANDUM RELATIVE TO THE EXTRADITION OF FUGITIVES FROM THE UNITED STATES IN BRITISH JURISDICTION.

Department of State,
Washington, May, 1890.

Where application is made for a requisition for the surrender of a fugitive from the justice of the United States in British jurisdiction, it must be made to appear

1. That one of the offenses enumerated in the treaties between the United States and Great Britain has been committed within the jurisdiction of the United States or of some one of the States or Territories.

2. That the person charged with the offense has sought an asylum or been found within the British dominions.

All applications for requisitions should be addressed to the Secretary of State, and forwarded to the Department of State, accompanied with the necessary papers, as herein stated, and must furnish the full name of the person proposed for designation by the President to receive the prisoner and convey him to the United States. When the offense is within the jurisdiction of the State courts, the application must come from the governor of the State. When the offense is against the United States, the application must come from the Attorney-General or the proper executive department.

It is stipulated in the treaties with Great Britain that extradition shall be granted only on such evidence of criminality as, according to the laws of the place where the fugitive or person charged shall be found, would justify his apprehension and commitment for trial if the crime or offense had there been committed.

It is admissible as constituting such evidence to produce a properly certified copy of an indictment found against the fugitive by a grand jury or of any information made before an examining magistrate, accompanied by one or more depositions setting forth as fully as possible the circumstances of the crime. An indictment alone has been held to be insufficient.

By the fourteenth section of the English extradition act of 1870, "depositions or statements on oath, taken in a foreign state, and copies of such original depositions or statements, and foreign certificates of, or judicial documents stating the fact of conviction, may, if duly authenticated, be received in evidence of proceedings under this act."

The fifteenth section of the same act provides as follows: "Foreign warrants and depositions or statements on oath, and copies thereof, and certificates of, or judicial documents stating the fact of a conviction, shall be deemed duly authenticated for the purposes of this act if authenticated in manner provided for the time being by law, or authenticated as follows: (1) If the warrant purports to be signed by a judge, magistrate, or officer of the foreign state where the same was issued; (2) if the depositions or statements or the copies thereof purport to be certified under the hand of a judge, magistrate, or officer of the foreign state where the same were taken to be the original depositions or statements, or to be true copies thereof, as the case may require; and (3) if the certificate of, or judicial documents stating the fact of conviction purport to be certified by a judge, magistrate, or officer of the foreign state where the conviction took place; and if in every case the warrants, depositions, statements, copies, certificates, and judicial documents (as the case may be) are authenticated by the oath of some witness or by being sealed with the official seal of the minister of justice, or some other minister of state; and all courts of justice, justices and magistrates, shall take judicial notice of such official seal, and shall admit the documents so authenticated by it to be received in evidence without further proof."

If the fugitive be charged with the violation of a law of a State or Territory, his delivery will be required to be made to the authorities of such State or Territory.

If the offense charged be a violation of a law of the United States (such as piracy, murder on board of vessels of the United

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