Page:United States Statutes at Large Volume 44 Part 1.djvu/525

 511 TITLE 18.--CRIMINAL com; A genners, or the copies thereof, shall be received and admitted} as evidence on such hearing for all the purposa of such hearing if they shall he properly end legally authenticated so as to entitle them to be received for similar purposes by the tribunals of the foreign. country from which the accused party shall have e;e·npe·d, and the certificate of the principal diplomatic or consular oihccr of the United States resident in such foreign oenmtry shall be proof that any deposition, warrantor other paper or copies thereof, so offered, are authenticated in the manner required. (R. S. 5 5271; Aug. 3, 1882, c. 378, 5 5, 22 Stat. 216.) 656. Witnesses for indigent defendantse-—0n the hearing of any cose undcrta claim of extradition by any foreign government, upon affidavit being filed by the person charged setting forth that there are witnesses whose `evidence is material to his defense, that he can not safely go to trial without them, whatho expects to prove by each of them, and that he is not possessed of suilicient means, and is actually unable to pay the fees of such witnesses, the judge or commissioner before whom such ‘ claim for extraditionis heard may order that such witnesses he subprenaed; and in snob cases the costs incurred;by,the` process. and the fees of witnesses, shall be paid in the same td'! menuer that similar fees z1re"paid in the case of witnesses t subpoeused 'in bch":ilf of the United States. (Aug.; 3, 1882, c. 378, §3,22Stat.215.) —     _ __ 657. Place and character of hearing.-——All hearings in cases of extraditlouunder treaty xstipulation or convolution shall be hold on land,_puhlicly, and in a room or office easily accessible Q to the public. (Aug. 3, 1882,, c. 378, '§` 1, 22 Stat. 215.) t · 658. Centinnance of provisions limited.·——The provisions of this chapter relating to the surrender of persons who have committed crimes lu foreign countries shall continue in force (loving the existence of any treaty of extradition with any, foreign government, and no; longer. (R. S. § 5274.) _ 659. Protection of accused.—--—\\'l1enever any person is dellv- _ ered by any foreign government to an agent of the United States, for the purpose of being brought within the United States and tried for any crime of- which he is duly accused, y the iP1‘QSld€Dt shall have power to take all necessary measures for the transportation and safekeeping of such accused person, and for- his security against lawless violence, until the ilnal I conclusion of his trial for the crimes or oieusos specllled ln the J warrant ofextradition, and until his dual discharge from custody or imprisonment for or' on account of such crimes or offensx, and for a_ reasonable time thereafter, and may employ · such portion of the land orsnaval forces of the Unitedh__Stetes, or of the militia thereof, as may be necessary for the safekeeplng and protection of the accused. (R. S. I 5275.) · 660. Agent receiving olendera; powers.--$—A.ny person duly ap—‘ pointed as agent to receive, lnlbehalf of the United States, the delivery, by a forelgu*'1*:overnment. of any person accused of 1 crime committed within the jurisdiction of the United States, and to convey him to the place ofhis trial, shall have all the powers of a marshal of the United States, in the several dis- 1 tricts through which it maybe necmsary for him to pass with .’ such ;irisoner, so for as such power is requisite for. theprls- 1 oner’s safekeeplng. (R. S. 66 5276.) " 1 661. Same; penalty for opposing.——-—Every person who knowmgly and willfully obstructs, ralsts, oropposes sueh agent ln 1 the execution of his duties, or who rescues or ettempts to rescue 1 auch prisoner, whether in the custody of the agent or of- any ,1 officer or person to whom his custody, has lawfully bmn com: 1 `mltted, shall be punishable hya hue ofnot more than $1,000, and by imprisonment, for not -more-than one year. (R. S; Q 5277.) . _ f r · ( 1, 662. Fugitives from State or Territory;-ewhenevor the 1 executive anthorlty of any State or '1‘errltory` demands any i person as ‘a_ fugltive from justice, ot the executive authority 1

LND €’1T£1JII.§..eiL I’..§·£{)L'l§iJ EYRE  5G? of any State or Territory to which such person hos tied, and produces a copy of en indictment found or nn eH§davit made before a magistrate of any State or Territory, charging the person demanded with having committed treason., felony, or other crime, certihed as authentic by the governor or chief magistrate of the State or Territory from whence the person so charged has fled, it shal1_be the duty of the executive nuthor—- ity of the State or Territory to which such person has fled to cause him to be arrested and secured, and to cause notice of the arrest to be given to the executive authority making such demand, or to the agent of such- authority appointed to receive the fugitive, and to cause the fugitive to be delivered to such agent when he shall appear. It no such agent appears within (six months fromlthe time of the arrest, the prisoner may be discharged. All costs or expenses incurred in the apprehending, securing, and transmitting such fugitive to the State or·Territory making such derfmnd, shellbe paid by such State or Territory. (R; S, § 5278.) \` 663, Penalty for resisting agents-—Any agent so appointed who receives the fugitive into his custodyhshall be empowered to_ transport him to the State or Territory from which he has I fled, And every person who, 'by force, eets at liberty or rescues the fugitive from such, agent while so transporting him, shall be fined not znoretlxan $500 or imprisoned not more than oneyear. (R. S. § 5279.) · ‘ 664. Delivery of fugitives as between foreign country and Pl1i1ippines.+—The provisions of sections 651, 653 to 655, and 658 to 661 of this title, so far as applicable, shall apply to the Philippine Islands for the arrest and removal therefrom of any fugitives from justice charged with- the commission within the jurisdiction of any foreign government of any of the crimes. provided for by treaty between the United States and Snch foreign nation; and for the delivery by a foreign government of any person accused of crime cojxnitted within the jurisdiction _of the Philippine Islands. Such. fugitive from justice of a foreign. country may, upon wnrrnnt duly issued by dny judge or magistrate, of the Philippine Islands, · and agreeably to the usual mode of process against odenders therein, be- arrested and brought before such judge or magistrate, who shall proceed in the matter in accordance with the pr visions hereby made applicable to the Philippine Islands. _ For @nrposes of this section theorder or warrant for delivery. of e person committed for extradition prescribed by section 653 of this title shall be lssuedby the Governor of the Philippine Islands under his hand, and seal of ofdce, and not by the Secretary of State. -.. (Feb. 6, .1905,c. 454, Q 1, 33 Stat. 698.) ‘ 665. Allowing; escnpe.——¤The provisions of section 244 of this title are hereby made applicable to proceedings ln extradition from the Philippine Islandsf either to the United Stetes under sections 592 and 666 of this title, or to foreign countries under the provisions of section 664 of this title. (Feb. 6, 1905, c. 454, $2,.33 Stnt.698.) l`. 666. Fugitives {from Philippines.-·'1‘he provisions ot sections 662 end '663 of this title, so far es applicable, shall apply to the Philippine Islands, which, for the purmes oteaid sections, shell be deemed a Territory within the meaning thereof. (Feb. 9, 1963, c. 52Q, I 2,`82,Stnt. 807.),. “ 667. Fees of 69E/I!\i§0I\¢l’8.-····Th8 following shalkbe the fees paid to cowissioners in com of extradition under treaty ttappnnee or convention between the Government of the United ` Sdtes andlany foreign government, andno other fees om· — pensetion `ehall be allowed to `or received by them: Mi For administering an oath, '10 cenm. For taking an acknowledgment, 25 cents. » . `Efor taking and certifying depositions tojle, 20 cents for each. folio. . ‘ -‘. _ M ( For each copy of the same furnished to a party on request, l0  for each folio. ‘ ( ~ _ t