Page:United States Statutes at Large Volume 30.djvu/1367

 FIFTY-FIFTH CONGRESS. Sess. III. Ch. 429. 1899. 1329 ity og any State or Territory of the United States in which he may be oun. Sec. 394. That before appointing such agent the governor may require G<>*¤¤¤¢¤ my rethe district attorney to investigate the matter and report to him the i1r`ii§°.ii.Y{’¤r;,$i°m d"` material circumstances, together with his opinion upon the expediency of allowing the application. Sec. 395. That the account of the agent, including his actual expenses P **Y¤;°¤* ,0* ¤¤· incurred in performing the service, must be paid by the United States pm" ° agen ' marshal, after being allowed by the district court, out of moneys appropriated to pay the expenses of United States courts. Sec. 396. That a person charged in any State or Territory of the Frzitivo from Jus- United States with treason, felony, or other crime, who may flee from {}$$;,,`,{l{,‘{§‘,,§$’g2§“;,,§.*,‘§ justice and be found in said District, must, on demand of the executive 0*- authority of the State or Territory from which he fled, be delivered up. by the governor of said District, to be removed to the State or Territory making the demand. SEc..397. That when the person demanded is in custody in said When fugitive not District, either upon a criminal charge, an indictment for a crime, or a $,f?,,§‘§5,‘},°}j,§‘;’?,‘;j "‘° judgment upon a conviction thereof, he can not be delivered up until he is legally discharged from such custody; but if he be in custody upon civil process only, the governor may deliver him up or not before the termination of such custody, as he may deem most conducive to the public good. Sec. 398. That before issuing a warrant for the delivery of a fugitive Report or unmet from justice, the governor may require the district attorney to ascertain Z.iZ°if,"§;`§’.,‘f‘§,°§L?{.’1?_°" and report to him whether such fugitive is in custody as mentioned in the last section, and if he be so upon civil process only, whether such custody be with the consent or procurement of the fugitive. Sec. 399. That when the governor finds that the demand is conform- W1·¤¤ mq wwbom able to law, and the person demanded should be given up, either then €,§’§’}'.§§",{,‘}§§2P° ‘""` or at some future time if he be in custody, he must issue his warrant under the seal of the District, directed to the person who makes the demand, and authorizing him, either forthwith or at some future time therein designated, to take and transport the fugitive to the border line of said District at the expense of the person demanding the fugitive. Sec. 400. That the executive warrant must also require all peace u_Er¤··¤¤:iv·;H jvsrmut officers and magistrates, when requested by the person to whom the ,,,,.,§{,{$§,,,f’,,§°§§‘,,"'}{,' warrant is directed, to render all needful assistance in the execution **·¤ •¤·>¤··¤··¤· thereof, and in so doing such officers or magistrates may exercise the same power and authority to prevent a rescue, an escape, or to eliect a recapture, as if the fugitive was in arrest upon a charge of crime committed in said District. Sec. 401. That a magistrate authorized to issue a warrant of arrest Mrzirrrmf my ismay issue a warrant for the arrest of a person charged as provided in [,‘}‘}§Q§{f$§° °' ‘"°“° section three hundred and ninety-six, of this Title who shall flee from justice and be found in said District. Sian, 402. That the proceedings for the arrest and commitment of 1;r¤¤~>3<1i¤z fgrnaré the pgrpmn charged are in all respects similar to those provided in this §i?¤§Trv£'$.mB§. Act for the arrest and commitment of a person charged with a crime i¤¤¤¢¤· committed in said District, except that an exemplified copy of an indictment found, or other judicial proceedings had against him, in the State or Territory in which he is charged to have committed the crime, may be received as evidence before the magistrate. SE1:. 403. That if from the examination it appear that the person \Vhen mrgiumam charged has committed the crime alleged, the magistrate must commit ff$"~ °¤ M "'*¤'· him to the proper custody for a time specified in the commitment, which the magistrate deems reasonable, to enable the arrest of the · fugitive under the warrant of the executive authority of said District on" the requisition of the executive authority of the State or Territory in which he committed the crime, or until he_ be legally discharged, unless he give bail as provided in the next section. vox. xxx--84