Page:United States Statutes at Large Volume 44 Part 1.djvu/524

 § 644 TITLE rs.-m¢11c1n1n*e1L <1o1i»1;; r 644. Officers and informera as witnesses.-—Any oilloer or other person entitled to or interested in a part or share of any fine, penalty, or forfeiture incurred under any law oi! the Fnited States, may be examined as a witness in any of the proececlirngs for the recovery of such Hue, penalty, or forfeiture by eitlxerot theopnrties thereto, and such examination shall · not deprive such witness of his share or interest in such fine, penalty, or forfeiture. (R. S. 5 5295.) _ Chapter 20w--EXTR.&DITION• , See. · . 651. Fugitives trom foreign country.- °. ' 652. Fugitireefrom country under control of United States. 653. Surrender of fugitive. . 654. Time allowed for extradition. 655. Evidence on hearing. ~ 656. Witnesses for indigent defendants. 657. Place and character of hearing. .o _ 658. Contlnuunce ot provisions limited. 659. Protection of accused. Guo. Agent receiving offenders; powers. 661. Same; penalty for opposing. _ 662. Fugitives from. State or Territory. 603. Penalty for resisting agent. '_ 664. 1>t~1lvery of fugitlres as between foreign country and Philippines. 665. Allowing escape. __, 666. Fugitives from Philippines. 667. Fees of commissioners. 668. Payment of fees and costs.- __ Section 651, Fugitives from foreign country.-—Whenever there `is a treaty or convention for extradition between the Govs ernment of the United States and any foreign government, any justice of the Supreme Court, circuit judge, district judge, or. commissioner, authorized so to do by any of the courts of, the United States, or judge of a court of record of general jurisdiction of any State, may, upon complaint madeunder oath, charging any person found within the limits of any State, District, or Territory, with having committed within tlxejurisdlction of any such foreign government any of the crimes Ufoyided for by such treaty or convention, issue his warrant for the apprehension of the person so charged, that he may be brought be-` fore suoli justice, judge, or connxnissioner, to the end that the evidence of criminality may be heard and considered. If, on such hearing, he deems the evidence sut:llclenft0‘sustain the charge under the provisions of ithe proper treaty or couven—’ tion, he shall certify the same, together with ‘a copy of all the testimony taken before him, to the Secretary of State, that —a warrant nmy,issue·upon the requisition of the proper authori— ties of such foreign government, for the surrender of such per- ‘ son, according to the stipulations of the treaty on convention ;, and he shall issue his warrant ‘for,the‘corn1nltn1ent oft the person so charged to the proper jail, there to remain until · such surrender shall be made. (R. S. § 5270; June 6, 1900, e. 793,. 31 Stat. 658.) J · ‘ l · { 652. Fugitives from country under control of United States.——-Whenever any jforelgn country or territory, or any 0 part thereof, is occupied by or under the control of the United 0 States, any person who shall violate, or who has violated, the t criminal laws in force therein, by thefcommission of any of · the following offenses: Murder and amault with intent to com- ‘ mit murder; counterfeiting or altering money, or uttering or ‘ bringing into-circulation counterfeit or altered money; coun- t terfeiting certldcates or coupons of public `indebtedness,. bank 1 notes, or other instruments otlpublic credit, and the utterance W or circulation of the same; forgery or altering, and,utterlng‘ J what is 1'orgedor altered; embezzlement or criminal malver—· 4 sation. ot. the public funds, committed by public omcers, ein- l ployees, or deposltariesg larceny or embezzlement of an amount I not less than $100 in value; robbery ;» burglary, denned to be < the breaking and entering1by._nlghtt1uie into the house of another_person.witl1 intent to- commit a felony thereinrand the 1 act of breakinghnd entering the house or building of another, • whether in the day or night time, with,the__lnt4:nt to commit 1

s.Z\"I) ORIAHNAL PRUCED URE 510 A felony therein; the act of entering, or of breaking and entering the offices ot the Government and public authorities, or the otiiccs of banks, banking houses, savings banks, trust companies, insurance or other companies, with the intent to commit a felony therein; perjury or the snbornation ot -perjnr_;·; rape; arson; piracy by the law of nations; murder, assnula with intent to kill, and manslaughter, committed on the high seas, on board a ship owned by or`in control of citizens my residents of such foreign country or territory and not under the dag of the United States, or of some other government; malicious destruction of or attempt to destroy railways, trams, vessels, bridges, dwellings, public edliices, or other buildings, when the act endangers human life, and who shall depart or ilee, or who has departed or ded, from justice therein to the United States, any Territory thereof, or to the District of Columbia, shall, when found therein, be liable to arrestand do tention by the authorities of the United States, and on the written request or requisition of the military governor or other chief executive ofllcer in control of such foreign country or territory shall be returned and surrendered as hereinafter pro vided to such authorities for trial under the laws in force in the place where such offense was committed. All the provisions ot sections 653 to 655 and‘658 to 661 of this title, so far as applicable, shall govern proceedings authorized by this section. Such proceedings shall be had before a judge of the courts of the United 'States, only, who shall hold such person on evidence establishing probable cause that he is guilty ot the offense charged. No return or surrender shall be made of any person charged with `the commission of any oHense_ of a political nature. If so held such person shall be returned and surrendered to the authorities ln` control of such forelgrneonn-I try or territory on the order of the Secretary of State of the United Sta¢€S. and such authorities shall secure to such a person, a fair and, impartial trial. (R. S. § .5270; June 6, 1900, c. ree, 81 stat. ooo.) l l _ ‘. _— s 653;* Surrender of fugitiye.—-·It"sha1l be lawful for the Secretary of State,”under his hand and seal of otiice, to order the person socommitted `to be delivered to such person as shall be authorized, in the name and on behalf ot such foreign government, to be tried for the crime of which such person’sh’all‘ he soaccused, and such person shall be delivered °np.accordlngly; — and it shall be lawful 1'or the person so authorized to hold such person in custody, and to take him to the territory of such ‘ foreign government, pursuant to such treaty. It the person so accused shall escape out of any custody to which he shall be committed, or to which he shall be delivered, it shall he lawful to retake such person in the same manner as any person accused of any crime against the laws in force in that part of the United States to which heshall so escape, may tberetaken onan escape. (B. S. S 5272.). U 654. Time snnowéa for extradition.-#—Whenever any person who els` committed under this chapter or? any treaty, to remain until delivered up in pursuance. of a requisition, is not so delivercdup and conveyed out ot the United States within twp 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 any-judge ot the United States, or ofany State, [upon application made to him by or on behalf ot- the person so committed, and upon proof made to him that reasonable notice ‘ of the intention to make such! j application has been given to the Secretary ot State, to order the person so committed to be discharged out of custody, unless- , shiiiclent cause- is shown to such judge why such discharge ought not to be ordered. ’(R. S. { 5273.) ‘. `_ ' 655; Evidence on hearing.-—-·In all cases where any depositions, warrants, or other papers or coplw thereof shall be merw in evidence upon the hmrlng of any extradition case} under this `chapter, such depositions, warrants, and _{>th8i’