Page:United States Statutes at Large Volume 48 Part 1.djvu/481

 73d CONGRESS. SESS. IL CH. 73. MAR CH 22, 1934 . 455 the United States, its Territories, Districts, or possessions, including the Panama Canal Zone and the Philippine Islands, or any other territory governed, occupied, or controlled by it, which warrant it taut ecuting, etc ., wa r- shall be the duty of the principal officer or representative of the United States vested with judicial authority in the country where the fugitive shall be found seasonably to issue, and of the United Po wers of mar shal States marshal or corresponding officer to execute. Such marshal BI Itn executin g war- or other officer, or the deputies of such marshal or officer, when engaged in executing such warrant without the jurisdiction of the court to whi ch they are a ttached, shal l have all the powers of a marshal of the United State s so far as s uch powers are requisite for the prisoner's safekeeping and the execution of the warrant. SEC. 2. Whenever the executive authority of any State, Territory, te rriio-etcfor at t ain, District, or possession of the United States, including the Panama of fugitive. Canal Zone and the Philippine Islands, demands any American citi- zen or national as a fugitive from justice who has fled to the juris- diction of any officer or representative of the United States vested with judicial authority in any country in which the United States exercises extraterritorial jurisdiction, and produces a copy of an Indictment or affida- vit to acc ompan y ; indictment fou nd or an affi davit made be fore a magistr ate of any charge specified. State, Territory, District, or possession of the United States, charg- ing the fugitive so demanded with having committed treason, felony or other crime, certified as authentic by the Governor, chief magis- trate, or othe r person auth orized to act as such from whence the fugitive so charged has fled, it shall be the duty of the officer or Arrest of fugitive. representative of the United States vested with judicial authority to whom the demand has been made to cause such fugitive to be arrested and secured, and to cause notice of the arrest to be given to the authority . demanding executive authorities 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. If no such agent f0Db ention of f g itive shall appear within three months from the time of the arrest, the prisoner may be discharged. All costs or expenses incurred in the costs. apprehending, securing, and transmitting such fugitive to the State, Territory, District or possession of the United States, including the Panama Canal Zone and the Philippine Islands, shall be paid by the executive authority making such demand. The agent who receives Tra nsportation of fugitive ; pe nal ty for the fugitive into his custody shall be empowered to transport him aiding escape. to the jurisdiction from which he has fled, and every person who, by forc e, sets at lib erty o r rescu es the fugiti ve from such a gent w hile so transporting him shall be fined not more than $500 or imprisoned not more than one year. SEC. 3 . Whenever, under this Act, it is desired to obtain the pro- Provisional arrest on visional arrest and detention of a ugitive in advance of the pre- t elegr aphi c req uest. sentation of the formal proofs, such detention may be obtained by telegraph upon the request of the authority competent to request the surrender of such fugitive addressed to the authority competent to grant such surrender : Provided, That such request for provisional I nfo i ssiion to ac arrest and det ention be acc ompanied by a n express stat ement that company. a warrant for the fugitive's arrest has been issued within the juris- diction of the authority making such request charging the fugitive with the commission of the crime for which his extradition is sought Pa yment of e xpenses . t o be obtained : Provided further, That in the case of a request so made by a State, Territory, District, or possession, the expenses of obtaining a fugitive upon telegraphic request shall be borne by such State, Territory, District, or possession : And provided further, That Void after 90 days. n o person shall be held in custody under telegraphic request by virtue of the provisions of this section for more than ninety days.