The Law of Extradition, International and Inter-state: With an Appendix, Containing the Extradition Treaties and Laws of the United States, the Extradition Laws of the States, Several Sections of the English Extradition Act of 1870, and the Opinion of Governor Cullom |
Contents
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Other editions - View all
The Law of Extradition, International and Inter-State: With an Appendix ... Samuel Thayer Spear No preview available - 2015 |
The Law of Extradition, International and Inter-State: With an Appendix ... Samuel Thayer Spear No preview available - 2017 |
Common terms and phrases
accused party act of Congress affidavit agent alleged fugitive application arrest and delivery asylum Attorney-General authenticated bail Blatch Britain certified charge of crime charged with crime complaint Constitution and laws contracting parties copy crime or offense custody delivered demand discharge District dition duly duty enumerated evidence examination executive authority executive warrant extradition treaties fact felony fled foreign Government forgery fugi fugitive criminal fugitive from justice Governor habeas corpus held hence indictment issue his warrant Judge Benedict judicial jurisdiction Lagrave law of Congress legislation Lord Derby magistrate Majesty's Government matter ment officer Ohio opinion person charged person so charged President prisoner proper prosecution provisions punishment purpose question reason requisition respect Revised Statutes right of asylum rule secured sheriff simply specified sufficient Supreme Court supreme law surrender Territory thereof tion treaty of 1842 trial tried United warrant of arrest writ of habeas
Popular passages
Page 293 - high misdemeanor in any State, who shall flee from justice, and shall be found in any other State, shall, on demand of the executive power of the State from which he fled, be delivered up and removed to the State having jurisdiction of the offense." (2 Mad. Papers, 1240.) This language was largely
Page 54 - asylum within any of the countries of the other, provided that this shall only be done on such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the offense had there been committed. The
Page 748 - or convention." (Rev. Stat., § 5270.) The general treaty rule, as to the sufficiency of evidence, is that it must be such " as according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial if the crime or offense had there been committed.
Page 639 - of the other: Provided, That such surrender shall take place only upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the crime or offense had been there committed.
Page 528 - gave to the Circuit Courts of the United States " original cognizance, concurrent with the courts of the several States, of all suits of a civil nature at common law or in equity, where the matter in dispute exceeds, exclusive of costs, the sum or value of five hundred dollars, and the United
Page 262 - upon such evidence of criminality as, according to the laws of the place where" he is found, '• would justify his apprehension and commitment for trial if the crime or offense had there been committed." This is the treaty rule as to the sufficiency of the evidence. The laws of the delivering country
Page 612 - such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper executive authority, that a warrant may issue for the surrender of such fugitive. The expense of such apprehension and delivery shall
Page 58 - the intent to commit murder, or piracy, or arson, or robbery, or forgery, or the utterance of forged paper, committed within the jurisdiction of either, shall seek an asylum, or shall be found within the territories of the other: Provided that this
Page 632 - shall the provisions of the present treaty be applied in any manner to the crimes enumerated in the second article, committed anterior to the date of the exchange of the ratifications hereof. Neither of the contracting parties shall be bound to deliver up its own citizens under the stipulations of
Page 640 - VIII. Neither of the contracting parties shall be bound to deliver up its own citizens or subjects under the stipulations of this convention. ART. IX. The expenses of the arrest, detention, examination, and transportation of the accused shall be paid by the government which has preferred the demand for extradition.