The midland journal. (Rising Sun, Md.) 1885-1947, 1937-10-08
PUBLIC GENERAL LAWS

with crime in another State shall be
recognized by the Governor unless In
writing alleging, except In cases aris-
ing under Section 1877, that the accused
was present in the demanding State at
the time of the commission of the al
legged crime, and that thereafter he fed
from the State, and accompanied by
copy of an indictment found or by In
formation supported by affidavit in the
State having jurisdiction of the crime,
or by a copy of an affidavit made be-
fore Justice of the Peace or Magis-
trate there, together with a copy of any
warrant which was issued thereupon;
or by copy of judgment of cOnvic-
tion or of sentence imposed In execu-
tion thereof, together with statement
by the Executive Authority of the de-
manding 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
or Justice of the Peace must sub
stantially charge the person demanded
with having committed a crime under
the law of that State; and the copy of
indictment, information, affidavit, judg-
ment Of conviction or sentence must be
authenticated by the Executive Author
ity making the demand.
I'D. Governor May Investigate Case.
When demand shall be made upon the
Governor Of this State by the Executive
Authority of another State for the sur
render OF person so charged with
crime, the Governor may call upon the
Attorney General or any prosecuting
officer in this State to Investigate or as
sist In investigating the demand, and
to report to him the situation and cir
cumstances of the person so demanded,
and whether he ought to be surrendered.
13E. Extradtion of Persons I'm
prisoned or Awaiting Trial in Another
State or Who Have Left the Demand
ing State Under Compulsion. When 1t
is desired to have returned to this State
person charged in this State with a
crime, and such person is imprisoned
or Is held under criminal proceedings
then pending against him in another
State, the Governor of this State may
agree with the Executive Authority of
such other State for the extradition Of
such person before the conclusion of
such proceedings or his term of sentence
in such other State, upon condition that
such person be returned to such other
State at the expense of this State as
soon as the prosecution in this State
Is terminated.
The Governor of this State may also
surrender ON demand of the Executive
Authority of any other State any per-
son in this State who is charged in the
manner provided in Section 13V of this
Act with having violated the laws of
making the demand, even though such
person left the demanding State in
voluntarily.
1877. Extradition of Persons Not
Present in Demanding State at Time
of Commission of Crime. The Governor
of this State may also surrender, on de-
mand Of the Executive Authority of any
other State, any person In this State
charged in such other State In the man
ner provided in Section 13C with com
uniting an act in this State, or In a
third State, Intentionally resulting In
a crime in the State whose Executive
Authority is making the demand, and
the provisions of this Act not otherwise
inconsistent, shall apply to such cases,
even though the accused was not in
that State at the time of the commits
sion of the crime, and has not fed
therefrom.
1876. Issue Of Governors Warrant Of
Arrest: Its Recitals. If the Governor
decides that the demand should be COM
piled with, he shall sign a warrant of
arrest, which shall be sealed with the
State seal, and be directed to any peace
officer or other person whom he may
think fit to entrust with the execution
thereof. The warrant must substan-
TALLY recite the facts necessary to the
validity of its issuance.
13H. Manner and Place of Execu-
ton. Such warrant shall authorize the
peace officer or other person to whom
directed to arrest the accused at any
time and any place where he may be
found within the State and to command
the aid of all peace officers or other
persons in the execution of the warrant,
and to deliver the accused, subject to
the provisions of this Act to the duly
authorized agent of the demanding
State.
13I. Authority of Arresting Officer.
Every such peace officer or other per-
son empowered to make the arrest, shall
have the same authority, in arresting
the accused, to command assistance
therein, as peace officers have by law
in the execution of any criminal proc
ess directed to them, with like penal
ties against those who refuse their as
sistance.
13J. Rights OF Accused Person: APP
plication for Writ of Habeas Corpus.
No person arrested upon such warrant
shall be delivered over to the agent
whom the Executive Authority demand
ing him shall have appointed to receive
him unless he shall be first taken forth
with before judge OF court of rec
ord in this State, who shall inform him
of the demand made for his surrender
and of the crime with which he Is
charged, and that he has the right to
demand and procure legal counsel; and
IL the prisoner or his counsel shall
state that he or they desire to test the
legality of his arrest, the judge of such
court of record shall fix a reasonable
time to be allowed him within which
to apply for a writ of habeas corpus.
When such writ Is applied for, notice
thereof and of the time and place of
hearing thereon, shall be given to the
prosecuting officer of the county or the
City of Baltimore In which the arrest
is made and in which the accused is in
custody, and to the said agent of the
demanding State.
13K. Penalty for Nom Compliance
with Preceding Section. Any officer who
shall deliver to the agent for extradi-
tion of the demanding State a person
in his custody under the Governors
warrant, In wilful disobedience to the
last section, shall be guilty Of misde-
meanOr and, on conviction, shall be
subject to a fine of not more than
$1,000.00, or be imprisoned not more
than six months, or both, the trial Of
said case to be conducted in the Cir
cult Court OF the County, or in the
Criminal Court Of Baltimore City, wher-
ever the offense shall have been COM
mitted.
13L. Confinement in Jail When Nee
essary. The officer or persons executing
the Governors warrant Of arrest, or
the agent Of the demanding State to
whom the prisoner may have been de-
livered, may, when necessary, conine
the prisoner in the jail of any county
or city through which he may pass;
and the keeper Of such jail must receive
and safely keep the prisoner until the
officer or person having charge Of him
is ready to proceed on his route, such
officer or person being chargeable with
the expense Of keeping.
The officer or agent OF a demanding
State to whom a prisoner may have been