Page:United States Statutes at Large Volume 18 Part 1.djvu/1093

 Trru: tm.-Exrnanirton. 1021 TI T L E L X V I. EXTRADITION. Sec- Sec. 5270. Fugitives from the justice of a for-  5276. Powers of agent receiving offenders eign country. _ l delivered byaforeign government. 5271. Evi ence on the hearrng. 1 5277. Penalty for opposing agent, &c, 5272. Surrender of the fugitive. 5278. Fu itive from justice of a State or 5273. Time allowed for extradition. 'lgerritory. 5274. Continuanoe of provisions limited. ; 5279. Penalty for resisting agent, &c. 5275. Protection of the accused. 5280. Arrest of deserting seamen from 1 foreign vessels. Sec. 5270. Whenever there is a treaty or convention for extradition Fugitives from between the Government of the United States and any foreign govern- tl‘€l“”t‘°" °€ “ f°"‘ ment, any justice of the Supreme Court, circuit judge, district judge, *¥ commissioner, authorized so to do by any of the courts of the United _1? A¤g·» 18*8, ¢‘· States, or judge of a court of record of eneral jurisdiction of any State, gg? S‘ 17 ‘" 9* P· may, upon complaint made under oath, charging any person found within 15 _;,,,,,, 1876 ,._ the limits of any State, district, or Territory, with having committed 133,z·.19,’p.59i within the jurisdiction of any such foreign government any of the crimes provided for by such treaty or convention, issue his warrant for the appre- HO:j._r[03.%2;;,,l; ension of the person so charged, that he may be brought before such Van keinam, 3 justice, judge, or commissioner, to the end that the evidence of crimi- Blefch-, 160; In rc nality may be heard and considered. lf, on such hearing, he deems the £‘?P%°h¤5Bj”$*`h·· evidence sufficient to sustain the charge under the provisions of the F(,,{,e1,§°(,&a,,3,°: proper treatv or convention, he shall certify the same, together with a 2Bmek.,493; U.Sl copy of all the testimony taken before him, to the Secretary of State, 1'· Davie, 2 Squjn., that a warrant may issue upon the requisition of the proper authorities 925 TM jgjjéfdh of such foreign government, for the surrender of such erson, according £¤1,?ng:;’ 1,, re JO; to the stipulations of the treaty or convention; and he shall issue his ss 1{ séupp, ii warrant for the commitment of the person so charged to the proper jail, Blldtch., 124; In re there to remain until such surrender shall be made. £‘§'}'*;·$_21g£g;£· 12 Blatch., 391; In re Joseph Stupp, 12 Blatch., 501; U. S. r. Iawrence, l3 Blatch., 295: Sec. 5271. [In every case of complaint, and of a hearing upon the return Evidence on the of the warrant of arrest, copics of the depositions eqmn. which an original h°“"“8- warrant in any foreign country may have been granted, ccrtyied under the 12 Aug., 1848, e. hand of theperson isauin suc warrant, and attested u n, the oath of the 167, s. 2, v. 9,p. 302. party producing them to he true copies o the original diiiaositions, may he B? ‘]g°· lggov °· recezccd in evidence of the criminality o the person so apprehended, if they 1t,`_h,,,j,p187é ,. are authenticated in such manner as would entitle them to be rccewed for 133, v. 19,  59. ’ l similar pmposesby the tribunals of theforeign country from which the ac-  cased party escaped. Ihc certi)icateof thepr·inmpal dy2l<»»aaticorconsular HOw_, 103. 1,; T, o_Zicer of the United States resident in such foreign coun hg shall be proof Heinrich,5Blamh., t at any Japer or other document so ofercd is authenticate in the manner 41*3 In M F¤¤90i¤ regnircdty this section.] [In every case of complaint and of a hearing §4*E"“’· 7 Bl“"h·· upon the return of the warrant of arrest, any depositions, warrants, or ' other papers offered in evidence, shall be admitted and received for the purpose of such hearing if they shall be properly and legally authenticated so as to entitle them to be received as evidence of the criminality of the rson so apprehended, by the tribunals of the foreign countr from which the accused party shall have escaped, and copies of any such depositions, warrants or other pa rs, shall, if authenticated according to the law of such forei n country,?; in like manner received as evidence; and the certificate of Sie princi l diplomatic or consular officer of the United States resident in such fdieign country shall be proof that any such deposition, warrant or other paper, or copy thereof, is authenticated in the manner required by this section.] Sec. 5272. It shall be lawful for the Secretary of State, under his Sprrenderof the hand and seal of office, to order the person so committed to be delivered §*_8’*"°·