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is shown, is not reviewable by habeas corpus, unless the indictment is clearly defective.63

The warrant of removal is not vitiated because it directs the prisoner to be delivered for trial for the larceny of a part only of the property, which the commissioner committed him for stealing; 64 nor because it directs a marshal to remove the prisoner "to be tried in said district upon such counts in the indictment" as he "can be legally tried upon.'' 65

It has been held that, in criminal proceedings to punish a person for contempt, the accused may be removed under this statute; 66 and that, in such a case, a certified copy of the contempt proceedings and attachment are sufficient to authorize the issue of the warrant.67 It seems that, if he is imprisoned in one district for a contempt of court of the United States there, he can be arrested in another district, to which he has escaped, and will be returned.68 It has been held that no removal will be ordered in a case where the accused, who has not been arrested in anothr district, has failed to obey an order of a Federal court there, directing him. to pay money to the clerk thereof for the benefit of parties to a civil suit.69 Only one writ or warrant is necessary to remove a prisoner from one district to another. One copy thereof may be delivered to the sheriff or jailer from whose custody the prisoner is taken, and another to the sheriff or jailer to whose custody he is committed, and the original writ, with the marshal's return thereon, shall be returned to the clerk of the district to which he is removed.70 § 490. Extradition to foreign countries. "Whenever there is a treaty or convention for extradition between the Government of the United States and any foreign government, any justice

63 Re Quinn, 176 Fed. 1020. A statement in the opinion of a District Judge that, upon the evidence before him, the case is a proper one for submission to a jury, is equivalent to a finding of probable cause, although he does not use those two words in his order or opinion. Greene v. Henkel, 183 U. S. 249, 46 L. ed. 177.

64 Price v. McCarty, C. C. A., 89 Fed. 84.

65 U. S. v. Horner, 44 Fed. 677; aff'd Horner v. U. S., 143 U. S. 207, 36 L. ed. 126, 12 Sup. Ct. 407.

66 U. S. v. Jacobi, 4 Am. L. T. U.
S. 148; Re Manning, 44 Fed. 275,
in which the author was counsel.
67 Ibid.

68 Fanshawe v. Tracy, 4 Biss. 490.
69 Re Graves, 29 Fed. 60.
70 U. S. R. S., § 1029.

of the Supreme court, circuit judge, district judge, 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 made under oath, charging any person found within the limits of any State, district, or Territory, with having committed within the jurisdiction of any such foreign government any of the crimes provided for by Such treaty or convention, issue his warrant for the apprehension of the person so charged, that he may be brought before. such justice, judge, or commissioner, to the end that the evidence of criminality may be heard and considered. If, on such hearing, he deems the evidence sufficient to sustain the charge under the provisions of the proper treaty or convention, he shall certify the same, together with a copy of all the testimony taken before him, to the Secretary of State, that a warrant may issue upon the requisition of the proper authorities of such foreign government, for the surrender of such person, according to the stipulations of the treaty or convention; and he shall issue his warrant for the commitment of the person so charged to the proper jail, there to remain until such surrender shall be made: 1 Provided, That whenever any foreign country or territory, or any part thereof, is occupied by or under the control of the United States, any person who shall violate, or who has violated, the criminal laws in force therein, by the commission of any of the following offenses, namely: Murder and assault with intent to commit murder; counterfeiting or altering money, or uttering or bringing into circulation counterfeit or altered money; counterfeiting certificates or coupons of public indebtedness, bank notes, or other instruments of public credit, and the utterance or circulation, of the same; forgery or altering, and uttering what is forged or altered; embezzlement or criminal malversation of the public funds, committed by public officers, employees, or depositaries; larceny or embezzlement of an amount not less than one hundred dollars in value; robbery; burglary, defined to be the breaking and entering by night time into the house of another person with

§ 490. 1 U. S. R. S., § 5270, 3 Fed. St. Ann. 68, Pierce Fed. Code, $ 4009.

intent to commit a felony therein; and the act of breaking and entering the house or building of another, whether in the day or night time, with the intent to commit a felony therein; the act of entering, or of breaking and entering the offices of the Government and public authorities, or the offices of banks, banking houses, savings banks, trust companies, insurance or other companies, with the intent to commit a felony therein; perjury or the subornation of perjury; rape; arson; piracy by the law of nations; murder, assault with intent to kill, and manslaughter, committed on the high seas, on board a ship owned by or in control of citizens or residents of such foreign country or territory and not under the flag of the United States, or of some other government; malicious destruction of or attempt to destroy railways, trams, vessels, bridges, dwellings, public edifices, or other buildings, when the act endangers human life, and who shall depart or flee, or who has departed or fled, from justice therein to the United States, any Territory thereof or of the District of Columbia, shall, when found therein, be liable to arrest and detention by the authorities of the United States, and on the written request or requisition of the military governor or other chief executive officer in control of such foreign country or territory shall be returned and surrendered as hereinafter provided to such authorities for trial under the laws in force in the place where such offense was committed. All the provisions of sections fifty-two hundred and seventy to fifty-two hundred and seventy-seven of this title, so far as applicable, shall govern proceedings authorized by this proviso: vided further, That 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. And provided further, That 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.”

2 Act of June 6, 1900, 31 St. at L. 626, Comp. St. 3591.

12

Pro

It shall be lawful for the Secretary of State, under his hand and seal of office, to order the person so committed to be delivered to such person as shall be authorized, in the name and

on

behalf of such foreign government, to be tried for the crime of which such person shall be so accused, and such person shall delivered up accordingly; and it shall be lawful for the

be

person so authorized to hold such person in custody, and to take him to the territory of such foreign government, pursuant to such treaty. If 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 be 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 he shall so escape, may be retaken on an escape.'

66

any

3

• Whenever any person who is committed under this Title or treaty, 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, it shall be lawful for 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 pon proof made to him that reasonable notice of the intention to make such application has been given to the Secretary of State, to order the person so committed to be discharged out of custody, unless sufficient cause is shown to such judge why such discharge ought not to be ordered."4

are

is no valid objection to the extradition that other charges. pending against the prisoner in a foreign country for an offense not included in the treaty.5

All hearings in cases of extradition under treaty stipulation. "shall be held on land, publicly, and in a room or office easily accessible to the public." 6

"The following shall be the fees paid to commissioners in

3 U.

S. R. S., § 5272, 3 Fed. St.
Ann. 77, Pierce Fed. Code, § 4011.
4 U.
S. R. S., § 5273, 3 Fed. St.
Ann. -77, Pierce Fed. Code, § 4012.

5 Re Roth, 15 Fed. 506.

6 Act of Aug. 3, 1882, 22 St. at L. 215, 3 Fed. St. Ann. 89, Comp. St. 3593, Pierce Fed. Code, § 4020.

cases of extradition under treaty stipulation or convention between the Government of the United States and any foreign government, and no other fees or compensation shall be allowed. to or received by them: For administering an oath, ten cents. For taking an acknowledgement, twenty-five cents. For taking and certifying depositions to file, twenty cents for each folio. For each copy of the same furnished to a party on request, ten cents for each folio. For issuing any warrant or writ, and for any other service, the same compensation as is allowed clerks for like services. For issuing any warrant under the tenth article of the treaty of August ninth, eighteen hundred and forty-two, between the United States and the Queen of the United Kingdom of Great Britain and Ireland, against any person charged with any crime or offense as set forth in said article, two dollars. For issuing any warrant under the provision of the convention for the surrender of criminals, between the United States and the King of the French concluded at Washington November ninth, eighteen hundred and forty-three, two dollars. For hearing and deciding upon the case of any person charged with any crime or offense, and arrested under the provisions of any treaty or convention, five dollars a day for the time necessarily employed."7

"All witness fees and costs of every nature in cases of extradition, including the fees of the commissioner, shall be certified by the judge or commissioner before whom the hearing shall take place to the Secretary of State of the United States, who is hereby authorized to allow the payment thereof out of the appropriation to defray the expenses of the judiciary; and the Secretary of State shall cause the amount of said fees and costs so allowed to be reimbursed to the Government of the United States by the foreign government by whom the proceedings for extradition may have been instituted." 8

"The provisions of this Title relating to the surrender of persons who have committed crimes in foreign countries shall continue in force during the existence of any treaty of extradition with any foreign government, and no longer."9

7 Ibid., § 2, Pierce Fed. Code, 9 U. S. R. S., § 5274.

§ 4021.

8 Ibid., § 4, Pierce Fed. Code,

§ 4023.

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