Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-08-26
IPuBLIc-No. 90.

AN ACT for giving effect certain treaty stpulaions be-
this and foreign Governments, for the apprehension
and delivery up Of certain offenders.
BE enacted By the Senate and House Representatives. 81
The United States Of America Congress assembled, That
IN all in which there exists or hereafter may exist,
treaty convention for exadon between the Govern
men of the United States and any foreign Government 1t
shall and may be lawful for any the justices of e Supreme
Court judges of the several district courts OF the United
Staleand the judges of the several State courts and the
commissioners authorized do by any Of the courts of the
United States hereby severay vested with power uris
dcon, and authority, upon complaint made under oath
Affirmation, charging any person found within the limits oil
any State district territory, with having committed within
the jurisdiction of any such foreign Government any of the
crimes enumerated provided for by such treaty
venon-to issue his for the apprehension of the per
charged that he may be brought before such judge
commissioner to the end that the evidence Of crmnay may
be heard and considered and if such hearing, the evil
dence deemed sufficient by him to sustain the charge under
the provisions of the proper treaty convention it shall be
his duty certify the same, together with copy of all the
testimony taken before him. the Secretary of State that
warrant may issue upon the requson Of the proper auhor
ties Of such foreign Government for the surrender OF such
son, according to the spuaons Of said treaty convention
and shall be the duty Of the said judge commissioner to
issue his warrant for the commitment of the person charged
10 the proper JAIL there to remain until such surrender shall be
made.
Sec. .. and be ii further enacted That in every
complaint aforesaid and Of hearing upon the OF
the warrant of arrest copies Of the dispositions upon which
an original warrant in any such foreign country have
issuing such warrants and aested upon the oath of the
party producing them be copies OF the original depo
sons may be received in evidence Of the crmnay of the
persons apprehended.
g. And be further enacted That it shall be lawful
for the Secretary of State under his hand and seal Of Office
order the person committed be delivered such per-
persons shall be authorized in the and the
behalf of such foreign Government be tried for the crime
of which such person shall be accused and such person
shall be delivered up accordngy and il shall be lawful for
the person persons authorized aforesaid, to hold such
person in custody, and take him her the territories Of
such foreign Government pursuant to such treaty. and the
person accused shall escape of any custody which
he she shall be committed which he she shall be
delivered aforesaid shall be lawful retake such person
in the any person accused Of any crime
against the laws in force in that part Of the United States
which he she shall escape be etaken escape
Sec. 4. And be further enacted, That when any per-
who shall have been committed under this act any
ssuch treaty, aforesaid TO remain until delivered up pur
o equision aforesaid, shall not be delivered up
pursuant thereto and conveyed out Of the United States with
two calendar months after such commitment, and
above the time actually required TO convey the prisoner from
the Jail which he she may have been committed by the
resdes way out Of the United States SHALL in every such
be lawful for any judge Of the United States, Of any
STATE upon application made 10 him 10y behalf Of the
person committed, and upon proof made 10 him that
sonabe notice Of the intention make such application has
been given the Secretary Of State to order The person
committed be discharged Of custody unless sufficient
shall he shown such Judge why such discharge ought
not TO be ordered
Sec. s. and be Il further enacted That this act shall con-
nue in force during the existence Of any treaty exadon
with any foreign Government and no longer.
Sec 6. and be further enacted, That il shall be lawful
for the courts Of the United States any Of hem author
lie any person persons to act commissioner
soners, under the provisions oil this and the dongs
OF such person persons authorized pursuance OF any
OF the provisions aforesaid shall be good and available all
intents and purposes whatever.
Approved, August ~ 1913.