Page:United States Statutes at Large Volume 76A.djvu/644

–548– -548Subchapter II—Uniform Criminal Extradition Act § 5021. Definitions In this subchapter, the term "Governor" includes any person performing the functions of Governor by authority of the law applicable in the Canal Zone. The term "Executive Authority" includes the governor and any person performing the functions of governor in a state other than the Canal Zone, and the term "State", referring to a state other than the Canal Zone, includes any state or territory, organized or unorganized, of the United States oi America. § 5022. Fugitives from justice; duty of Governor Subject to this subchapter, the provisions of the Constitution of the United States controlling, and acts of Congress in pursuance thereof, it is the duty of the Governor of the Canal Zone to have arrested and delivered up to the Executive Authority of a State any person charged in that State with treason, felony, or other crime, who has fled from justice and is found in the Canal Zone. § 5023. Form of demand A demand for the extradition of a person charged with crime in another State may not be recognized by the Governor unless in writing alleging, except in cases arising under section 5026 of this title, that the accused was present in the demanding State at the time of the commission of the alleged crime, and that thereafter he fled from the State, and accompanied by a copy of an indictment found or by information supported by affidavit in the State having jurisdiction of £he crime, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereupon; or by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the Executive Authority of the demanding State that the person claimed has escaped from confinement or has broken the terms of his bail, probation or parole. The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that State; and the copy of indictment, information, affidavit, judgment of conviction or sentence must be authenticated by the Executive Authority making the demand. § 5024. Governor may investigate case When a demand is made upon the Governor of the Canal Zone by the Executive Authority of a State for the surrender of a person so charged with crime, the Governor may call upon the United States attorney to investigate or assist in investigating the demand, and to report to him the situation and circumstances of the person so demanded, and whether he ouglit to be surrendered. § 5025. Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion Wlien it is desired to have returned to the Canal Zone a person charged in the Canal Zone with a crime, and he is imprisoned or is held under criminal proceedings then pending against him in another State, the Governor of the Canal Zone may agree with the Executive Authority of the other State for the extradition of the person before the conclusion of the proceedings or his term of sentence in the other State, upon condition that he be returned to the other State at the expense of the Canal Zone as soon as the prosecution in the Canal Zone is terminated. The Governor of the Canal Zone may also surrender on demand of the Executive Authority of a State any person in the Canal Zone who is charged in the manner provided by section 5023 of this title with

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