Page:United States Statutes at Large Volume 18 Part 1.djvu/1094

 1022 imma ¤m.~EXTRAD1*r10N. 12 Aug-. 1848, c- tc such person as shall be authorized, in the name and on behalf of such 167- “·3»"'·9¤P·302‘ foreign government, to be tried for the crime of which such gerscn shall In re Kaine, 14 be so accused, and such person shall be delivered up accor ingly; and HOW-.103- it shall be lawful for the person so authorized to hold such person in custody, and to take him to the territory of such fO1`€i¥l'l governnwnt, pursuant to such treatv. If the person so accused sha} escape out of an custody to which he shall be committed, or to which he shall be defivercd, it shall be lawful to retake such person in the same manner as any erson accused of any crime against the laws in fO1'CB in that part of the hinted States to which he shall so escape, may be retuken on an 9533pQ, [S:-e §§ 5400, 6410.] Timeallowed for Sec. 5273. Whenever any person who is committed under this Title ¤X*F¤dm°¤· ___ or any treaty, to remain until delivered up in pursuance of a. requisition, 12 Aug_,1g;3_c_ is not so delivered up and conveyed out of the United States within 167,¤.4,v.9,p-303- two calendar months after such commitment, over and above the- time actually required to convey the prisoner from the jail to which he was committed, by the readiest way, out of the United States, it shall be lawful for an * judge of the United States, or of any State, upon asoplication made to him by or on behalf of the person so committed, an upon proof made to him that reasonable notice of the intention to make such application has been iven to the Secretary of State, to order the person so committed to be gscharged out of custody, unless sufficient cause is shown to such judge why such dischar e ought not to be ordered. Coutinuance of Sec. 5274. The provisions of this 'lgtle relating to the surrender of PmVi¤i°¤¤hm***d· persons who have committed crimes in foreign countries shall continue Ibid_, s_ 5, in force during the existence of any treaty of extradition with any foreign government, and no longer. Prctevfivrwffhe Sisc. 5275. Whenever any person is delivered by any foreign govern- ‘*°°“"d· ment to an argent of the United Stems, for the purpose of being brought 3 Mar., 1869, c. within the United States and tried for any crime of which he is duly ac- ,141, H- L V- 15» P- cused, the President shall have power to take all necessary measures for the transportation and safe-keeping of such accused person, and for his security against lawless violence, until the final conclusion of his trial for the crimes or offenses specified in the warrant of extradition, and until his final discharge from custody or imprisonment for or on account of such crimes or offenses, and for a reasonable time thereafter, and may employ such portion of the land or naval forces of the United States, or of the militia thereof, as may be necessary for the safekeeping und protection of the accused. Pqwjers of aeent Sec. 5276. Any person duly appointed us agent to receive, in behalf of §€‘i$*_";';§°é*°'; fg? the United States, the delivery, by a foreign government, of any gerson 0;; °g0v€rQ,'mem_ accused of crime committed within the jumsdicticn of the United tutes, —;-—; and to conve Y him to the place of his trial, shall have all the powers of a md-·”·2»T’·338· marshal of the United States, in the several districts through which it may be necessary for him to pass with such prisoner, so far as such power is requisite for the pris0ner`s safe·keeping. Ifermlty for on Sec. 5277. Everyperson who knowingly and willfully obstructs, resists, P°S‘“€ “€°“*·&°· _ or opposes such agent in the execution of his duties, or who rescues or Ibid., s. 3. attempts to rescue such prisoner, whether in the custody of the agent or of an cfhcer or person to whom his custody has lawfully been committed, shall e punishable by a fine of not more than one thousand dollars, and by imprisonment for not more than one *ea.r. _ Fugitives from Sizc. 5278. Whenever the executive authority of any State or Territory L':_¤f·I}§;i?gr’} Smm demands any person as a fugitive from jgistice, of the executive authority _,...L__, of any State or Territory to which suc person has ded, and produces n 12 Feb·,179§, c- copy of an mdictment found or an affidavit made before a magistrate of any State or Territory, chariing the person demanded with having com- Holme-mv. Jenni- mitted treason, feicny, or other crime, certified as authentic by the govggné Ififlgfg gig; ernor or chief magistrate of the State or Territory from whence the person v_ Pghsylj eo charged has fled, it shall be the duty of the executive authority of H10 v,,,,,,,,, 16 p€t__618; btate or Territory to which such person has iled to cause him to bP Tavlor u. Taintor, arrested and secured, and to cause notice of the arrest to be given to the 16“’¤U-,366,(369·) executive authority making such demand, cr to the agent of such autb0¤‘·