Page:United States Statutes at Large Volume 62 Part 1.djvu/854

 PUBLIC LAWS-CH. 645-JUNE 25, 1948 Proceedings. Ante, pp. 822, 823. Ante, pp. 815, 822. vessels, bridges, dwellings, public edifices, or other buildings, when the act endangers human life. This chapter, so far as applicable, shall govern proceedings author- ized 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 of the offense charged. No return or surrender shall be made of any person charged with the commission of any offense of a political nature. If so held, such person shall be returned and surrendered to the authorities in control of such foreign country or territory on the order of the Secretary of State of the United States, and such authorities shall secure to such a person a fair and impartial trial. § 3186. SECRETARY OF STATE TO SURRENDER FUGITIVE The Secretary of State may order the person committed under sec- tions 3184 or 3185 of this title to be delivered to any authorized agent of such foreign government, to be tried for the offense of which charged. Such agent may hold such person in custody, and take him to the territory of such foreign government, pursuant to such treaty. A person so accused who escapes may be retaken in the same manner as any person accused of any offense. § 3187. PROVISIONAL ARREST AND DETENTION WITHIN EXTRATERRITORIAL JURISDICTION The provisional arrest and detention of a fugitive, under sections 3042 and 3183 of this title, in advance of the presentation of formal proofs, 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. Such request shall be accompanied by an express statement that a warrant for the fugitive's arrest has been issued within the jurisdiction of the authority making such request charging the fugitive with the commission of the crime for which his extradition is sought to be obtained. No person shall be held in custody under telegraphic request by virtue of this section for more than ninety days. § 3188. TIME OF COMMITMENT PENDING EXTRADITION Whenever any person who is committed for rendition to a foreign government to remain until delivered up in pursuance of a requisition, is not so delivered up and conveyed out of the United States within 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, any judge of the United States, or of any State, upon application made to him by or on behalf of the person so committed, and upon proof made to him that reasonable notice of the intention to make such application has been given to the Secretary of State, may order the person so com- mitted to be discharged out of custody, unless sufficient cause is shown to such judge why such discharge ought not to be ordered. § 3189. PLACE AND CHARACTER OF HEARING Hearings in cases of extradition under treaty stipulation or con- vention shall be held on land, publicly, and in a room or office easily accessible to the public. § 3190. EVIDENCE ON HEARIG Depositions, warrants, or other papers or copies thereof offered in evidence upon the hearing of any extradition case shall be received and admitted as evidence on such hearing for all the purposes of such hear- ing if they shall be properly and legally authenticated so as to entitle 824 r62 STAT.

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