think proper. Said judges may direct the performance, by the clerks of said courts respectively and by the United States attorneys, of any duties thereto; and said clerks and attorneys shall be allowed such compensation for services in the matter and for lawful disbursements as may be approved by the attorney-general of the United States, upon a certificate by the judges of said courts stating that such claim for services and disbursements is just and reasonable; and the sum so allowed shall be paid out of the judiciary fund.]

17, p.

41; 31 Jan., 1879, c. 39, s. 3, p. 277.

18 Mar., 1872, c. 56, s. 3, v. SEC. 905. Authentication of legislative acts and proof of judical proceedings of States, etc.-The acts of the legislature of any State or Territory, or of any country subject to the jurisdiction of the United States, shall be authenticated by having the seals of such State, Territory, or country affixed thereto. The records and judicial proceedings of the courts of any State or Territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form. And the said records and judicial proceedings, so authenticated, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from which they are taken. 26 May, 1790, c. 11, v. 1, p. 122; 27 Mar., 1804, c. 56, s. 2, v.

2, p. 299. Private laws and special usages.-Public laws may be read to the court, and the exercise of any authority they may contain, may be deduced from them; but private laws and special usages and proceedings of a legislative body, are matters of fact to be proven in the ordinary way. Leland v. Wilkinson, 6 Pet., 317. And a printed pamphlet, containing a law of the State of Louisana, was held not evidence of the law. Craig v. Brown, Pet., C. C., 352.

A pamphlet of the laws of Maryland, published by authority of the legis lature of that State, and proved by a witness to be the book which is admitted as evidence of the laws of Maryland, in the courts of Maryland, is admissible as evidence, of an act of incorporation therein contained. Rockville & Wash. Turnpike Road v. Andrews, 2 Cr., C. C., 451.

Acts of legislatures authenticated with a seal.-Copies of legislative acts of the several States, authenticated by having the seal of the State affixed thereto, are conclusive of such acts in all the courts of other States, and of the United States. No other formality is required than the annexation of the seal, and, in absence of proof to the contrary, it must be presumed to have been done by an officer having the custody thereof and of competent authority to do the act. United States v. Amedy, 11 Wh., 392 (1826).

It is sufficient if under the great seal of the State, although not attested by the governor or other State officer, to be given in evidence. United States v. Johns, 4 Dall., 412; S. C., 1 Wash., C. C., 363.

Public statutes.-The courts of the United States take judicial notice of the public laws of the States of the Union; as they are in no just sense foreign laws. Owings v. Hull, 9 Pet., 607: Galt v. Galloway, 4 Id., 332; McNeil v. Holbrook, 12 Id., 84; Gordon v. Hobart, 2 Sum., 401; Mewster v. Spaulding, 6 McLean, 24; Jones v. Hayes, 4 Id., 521; Woodworth v. Spoffords, 2 Id., 168; Jasper v. Porter, Id., 579; Merill v. Dawson, Hemp., 563; Covington Drawbridge Co. v. Shepherd, 20 How., 227.

The federal courts will take judicial notice of the statute of limitations of a State. Harpending v. Reformed Dutch Church, 16 Pet, 455.

So, when a constitution of a State provides that every statute shall be a public law, unless otherwise declared in the statute, it was held that a charter of a company by statute without the limitation, was a public law of which the courts would take judicial notice. Beaty v. Knowler, 4 Pet., 152.

Foreign laws.-A copy of the civil code of France, presented to the Supreme court of the United States by "Le Garde des Sceaux de France," was held admissible as evidence of the written laws of France. Ennis v. Smith, 14 How., 400.

Where foreign laws are not in writing, as public edicts or statutes, they may be proved by parol. Livingstone v. Maryland Ins. Co., 6 Cr., C. C., 274; Robinson v. Clifford, 2 Wash., C. C., 1. If efforts made to obtain a certified copy of the written laws or statutes of a foreign State have failed, parol evidence will be admitted to prove them. Sexton v. Delaware Ins. Co., 2 Wash., C. C., 175. See, also, Wilcox v. Phelps, 1 Wall., Jr., C. C., 47.

SEC. 906. Proofs of records, etc., kept in offices not pertaining to courts.-All records and exemplifications of books, which may be kept in any public office of any State or Territory, or of any country subject to the jurisdiction of the United States, not appertaining to a court, shall be proved or admitted in any court or office in any other State or Territory, or in any such country, by the attestation of the keeper of the said records or books, and the seal of his office annexed, if there

be a seal, together with a certificate of the presiding justice of the court of the county, parish, or district in which such office may be kept, or of the governor, or secretary of state, the chancellor or keeper of the great seal, of the State, or Territory, or country, that the said attestation is in due form, and by the proper officers. If the said certificate is given by the presiding justice of a court, it shall be further authenticated by the clerk or prothonotary of the said court, who shall certify, under his hand and the seal of his office, that the said presiding justice is duly commissioned and qualified; or, if given by such governor, secretary, chancellor, or keeper of the great seal, it shall be under the great seal of the State, Territory, or country aforesaid in which it is made. And the said records and exemplifications, so authenticated, shall have such faith and credit given to them in every court and office within the United States as they have by law or usage in the courts or offices of the State, Territory, or country, as aforesaid, from which they are taken.

27 Mar., 1804, c. 56, ss. 1, 2, v. 2, pp. 298, 299; 21 Feb., 1871, c. 62, v. 16, p. 419.

Acts purporting to be done by public officers.-The general rule is, that all acts which purport to have been done by public officers in their official capacity, and within the scope of their official duty, will be presumed to be regularly done in accordance with their authority, until the contrary appears. State v. Arredondo, 6 Pet., 691; Strothers v. Lucas, 12 Id., 410; Philadelphia & Trenton R. Co. v. Simpson, 14 Id., 448; Delassus v. United States, 9 Id., 117; Ross v. Reed, 1 Wh,, 482; Walker v. Dinsman, 7 How., 39; Minter v. Crommetin, 18 How., 89; Jasper v. Porter, 2 McLean, 579; Ward v. United States, 1 Ct. of Cl., 360; Parker v. Ross, 11 How., 362; Wilcox v. Jackson, 13 Pet., 498; Lyell v. Lapeer County, 6 McLean, 446; Corning v. Burdek, 4 McLean, 133.

State papers.-The volumes of the State papers published under the authority of an act of congress, and containing the authentication required by the act, are legal evidence in all the States and Territories. Walkins v. Holman, 16 Pet., 25; Bryan v. Forsyth, 19 How., 334; Gregg v. Forsyth, 24 Id., 179. So are the journals of congress, and of the legislatures of the States and Territories and the reports which have been sanctioned and published by authority. Walkins v. Holman, supra.

66

So, the book called the Land Laws of Ohio," were held admissible in evidence, on a question of title to land within that State. But "Jimeno's Index," a book in which the executive action of Gov. Jimeno, in relation to

grants of land in California was recorded, was held not to be authoritative proof of the grants enumerated in it. United States v. West, 22 How., 315.

SEC. 907. Copies of foreign records, etc., relating to land-titles in the United States.-It shall be lawful for any keeper or person having the custody of laws, judgments, orders, decrees, journals, correspondence, or other public documents of any foreign government or its agents, relating to the title to lands claimed by or under the United States, on the application of the head of one of the departments, the solicitor of the treasury, or the commissioner of the general land-office, to authenticate copies thereof under his hand and seal, and to certify them to be correct and true copies of such laws, judgments, orders, decrees, journals, correspondence, or other public documents, respectively; and when such copies are certified by an American minister or consul, under his hand and seal of office, to be true copies of the originals, they shall be sealed up by him and returned to the solicitor of the treasury, who shall file them in his office, and cause them to be recorded in a book to be kept for that purpose. A copy of any such law, judgment, order, decree, journal, correspondence, or other public document, so filed, or of the same so recorded in said book, be read in evidence in any court, where the title to land claimed by or under the United States may come into question, equally with the originals.

may

22 Feb., 1849, c. 61, s. 1, v. 9, p. 346; 2 Mar., 1849, c. 82, v. 9, p. 350. SEC. 908. Little & Brown's edition of the statutes to be evidence.-The edition of the laws and treaties of the United States, published by Little & Brown, shall be competent evidence of the several public and private acts of congress, and of the several treaties therein contained, in all the courts of law and equity and of maritime jurisdiction, and in all the tribunals and public offices of the United States, and of the several States, without any further proof or authentica tion thereof.

8 Aug., 1846, c. 100, s. 2, v. 9, p. 76.

SEC. 909. Burden of proof, when it lies on claimant in seizure cases. In suits or informations brought, where any seizure is made pursuant to any act providing for or regulating the collection of duties on imports or tonnage, if the property is claimed by any person, the burden of proof shall lie upon such claimant: Provided, That probable cause is shown for such prosecution, to be judged of by the court.

2 Mar., 1799, s. 22, ss. 70, 71, v. 1. p. 6, 7, 8.

Burden of proof in revenue cases.-The provisions of this section apply to the revenue act as the rule, of requiring the claimant to prove his innocence, has been regarded as a permanent feature of our revenue system. Cliquot's Champagne, 3 Wall., 114; Wood v. United States, 16 Pet., 342; Taylor v. United States, 3 How, 197; Clifton v. United States, 4 Id., 242; Buckley v. United States, 4 Id., 252; The John Griffin, 15 Wall., 29.

Probable cause.--Probable cause is prima facie evidence, and whenever that is shown, the onus probandi falls on the claimant. Locke v. United States, 7 Cr., 338.

Where the onus probandi is thrown upon the claimant in an instance or revenue cause, by a prima facie case made out on the part of the prosecutor, and the claimant fails to explain the difficulties of the case by the production of papers and other evidence which must be in his possession or under his control, condemnation follows from the defects of testimony on the part of the claimant. The Luminary, 8 Wh., 407.

SEC. 910. Possessory actions for recovery of mining titles.-No possessory action between persons, in any court of the United States, for the recovery of any mining title, or for damages to any such title, shall be affected by the fact that the paramount title to the land in which such mines lie is in the United States; but each case shall be adjudged by the law of possession.

27 Feb., 1865, c. 64, s. 9, v. 13, p. 441.