A Treatise on Extradition and Interstate Rendition: With Appendices Containing the Treaties and Statutes Relating to Extradition; the Treaties Relating to Desertion of Seamen; and the Statutes and Rules of Practice, and Forms, in Force in the Serveral States and Territories, Relating to Interstate Rendition, Volume 1

Front Cover
Boston book Company, 1891 - Extradition - 1556 pages
"With appendices containing the treaties and statutes relating to extradition ; the treaties relating to the desertion of seamen ; and the statutes, rules of practice, and forms, in force in the several states and territories, relating to interstate rendition."--T.p.

From inside the book

Contents

IMMIGRATION ACTS
36
EXTRADITION TO UNITED STATES
45
WARRANT OF SURRENDER
50
EXTRADITION A NATIONAL
53
ACTS OF CONGRESS Page
71
STATES BORDERING ON MEXICO
75
CHAPTER IV
79
From 1868 to 1882
80
POWER TO MAKE TREATIES
82
Early Negotiations
83
East Florida
84
Seagrove agreement
85
Constitutional Provision not Selfexecuting 840
86
Spain
87
Act of 1793 845
88
Great Britain
89
Treaty of 1842 with Great Britain
92
Negotiations with Great Britain since 1842
94
Mexico
95
RULES OF CONSTRUCTION 82 Treaty a Law
97
Favored Nation Clause
98
Retroactively Operative
99
Where a Treaty is executed in two or more languages
100
Case of Surratt
104
Case of Buckley
105
Legislative Authority
106
Inconsistencies
108
Penalty as Test
112
INTERPRETATIONS AND CORRECTIONS 97 Rule of Interpretation
113
Particular Terms
114
Treaty with France 1858
115
Treaty with Spain 1882
120
Act of 1793 reproduced in Revised Statutes 847
122
Treaty with Mexico 1861
130
Conviction par Contumace
131
JURISDICTION 103 Position of United States
134
Vessels
135
Case of Kent
136
Case of Markham
137
Case of Lynch
138
Extraterritorial Jurisdiction
139
PIRACY 110 Case of British Prisoners
141
Case of Carr and others
142
Position of British Government
143
Great Lakes
144
Miscellaneous Cases
146
Case of Reinitz
150
CHAPTER V
152
Action of Napoleon
153
Insufficiency of Reasons for Exemption
154
British Act of 1870
155
Opinion of the Institute of International Law
156
Superior Claims of Local Jurisdiction
157
Difficulties caused by Exemption
158
REFUSAL OF UNITED STATES TO EXCEPT CITIZENS 129 Suggestion of Mr Gallatin
159
Negotiations with Belgium
160
Negotiations with the Netherlands
161
EXEMPTION BY TREATY 133 Conventional Exceptions
163
Effect of Conventional Exceptions
164
Case of Trimble
166
Sweden and Norway
168
Proof of Citizenship
169
EXEMPTION MUST BE EXPRESS 138 Persons includes Citizens
170
Treaty with Switzerland 1850
172
Treaty with Italy 1868
175
CITIZEN OF THIRD STATE 142 General Rule
177
Case of Four American Sailors
178
Case of Silveira
179
Case of Bidwell
184
Case of Collins Brothers
187
Case of Lenning
191
CHAPTER VI
194
Treaties with Belgium and Luxemburg
195
ABSENCE OF TREATY RESTRICTION 150 Winslow Case
196
Case of Lawrence
202
Opinions on Winslow Controversy
212
Rules proposed by Dr von Bar
215
Views of Royal Commission 1877
216
Opinions of Publicists
217
JUDICIAL DECISIONS IN UNITED STATES 156 Case of Caldwell
219
Case of Lagrave
221
Lawrence Case
222
Case of Blandford
225
Case of Vanderpool and Jones
227
Case of Miller
229
Case of Hibbs
231
Case of Rauscher
233
Effect of Rauscher Case in England
240
Woodhall Case
241
Offenders against Federal Law 851
243
Case of Coy
244
As to Offences Enumerated in Treaty
245
AMELIORATIONS OF RULE 171 Higher Offence including Lower
246
Advisableness of Modification of Rule
247
UNDER COMMON
248
Proposed Legislative Modification
250
WAIVER OF IMMUNITY 174 Consent of Fugitive
251
Voluntary Return
255
Effect of Voluntary Return in France
256
Logical Rule as to Voluntary Return
257
Conflicting Views
259
Foundation of Argument
260
Lagrave Cases
261
Decision of New York Court of Appeals Lagrave Cases
266
Civil Case of Lawrence
267
Civil Case of Woodhall
268
Civil Case of Reinitz
270
Exemption not affected by Form of Civil Process
271
Case of Ludwig
272
Case of Baruch
273
Case of Hope
274
Misapplications of Rauscher Decision
276
CHAPTER XIII
277
CHAPTER VII
281
Case of Grogan
282
Case of Bratton
283
Case of Blair
285
Punishment of Captors but not Release of Prisoner re quested
287
Two Texas Fugitives
288
DEFECTIVE AUTHORITY OF NATIONAL GOVERNMENT 197 Inability to Release or Restore Prisoner
290
Case of Bullock
291
Case of Cahill
292
PRISONER CANNOT ALLEGE IRREGULARITIES 200 Case of Brewster
294
Case of Rowe
295
Case of Lagrave
296
Statutory Provisions
299
Issuance of Warrant on Foreign Complaint
300
Irregularities in Extradition no Defence
301
Reference to Mandate when necessary
302
CHAPTER VIII
303
May run throughout the United States
304
Conventional Inhibition Unnecessary
305
Conventional Inhibitions
306
WHAT CONSTITUTES A POLITICAL OFFENCE
308
54
310
EVIDENCE
316
REARREST
322
QUESTIONS WHICH MAY BE CONSIDEred
325
EXPULSION OF POLITICAL OFFENDERS
326
APPLICATIONS FOR REQUISITIONS
333
ISSUANCE OF MANDATE
384
FORGERY 424 Who may Conduct 425 Arrest
387
CHAPTER XI
395
Second Arrest 427 Provisional Detention
405
HABEAS CORPUS
407
REQUISITIONS
412
REQUIREMENTS OF ACT OF CONGRESS 544 Form of Requisition 870
414
REQUISITES OF COMPLAINT
418
Nature of Charge 871
425
General Rules
429
Proof of Offence
430
What Evidence is admitted
431
Need not allege Penalty of Offence unless Treaty
432
Indictment
433
Miscellaneous Decisions
434
Case of
435
Various Cases
436
Case of Phipps
437
Case of Jarrard
438
Cases of De Baun and Hardie
439
Condition of Fugitive
440
Various Questions
441
Voluntary Return
442
Power to issue Writ
443
Return to Writ
444
Extent of Review
445
Result of Decision favorable to Prisoner
446
Res Judicata
447
Discharge on habeas corpus does not prevent
457
Case of Kelly
459
Service of New Warrant
460
UNDER ACT OF 1860
465
Early Practice
466
Act of 1848
482
UNDER ACT OF 1882
486
JURISDICTION TO ISSUE
487
Act of 1860
489
Act of 1882
492
55
501
Case of Macdonnell 320 Case of Dugau EVIDENCE
502
Case of Traugott Muller 318 Cases of Henrich and Farez 322 Case of Wadge 323 Case of Behrendt
504
Case of McPhun 325 Case of Fergus 326 Case of Herres 327 Case of Charleston
506
Case of Benson
521
INDICTMENT
522
59
530
Supreme Court of the United States does not issue
534
POWER TO ISSUE
535
FUNCTION OF WRIT
541
Expediency of Using 874
543
before Commissioner
548
CHAPTER XVI
549
Extent of Executive Power
550
Executive Duty at first held to be Ministerial
551
Early Assertions of Executive Discretion
554
First Exercise of Executive Discretion 2 GROUNDS FOR REFUSING SURRENDER 364 Question of Treaty Construction
555
Insufficiency of Evidence
556
Charge of Crime in Asylum State
557
60
559
Case of Charles Tilton Robbins
563
Discretionary to forego Prosecution
566
Civil Suits not a Bar to Surrender
567
Offence committed anterior to Treaty 372 Concurrent Demands
568
Prescription
569
RULES AS TO EXERCISE BY EXECUTIVE of Power of REFUSAL 374 Will not usurp Function of Examining Magistrate 375 Record of Examini...
570
Warrant of Surrender 376 Representations of Counsel
571
Record of Magistrate retained 378 Discharge of Prisoner
572
Discharge not a Necessary Consequence of Defective Certificate of Magistrate
573
Case of Gaffigan and Merrick 898
574
In United States and England
577
In Spain
578
CHAPTER XVII
583
WHERE EXTRADITION IS NOT GRANTed 385 Case of the Chesapeake
584
Jewels of Princess of Orange
585
Case of Martinique Slaves
586
Opinions of Mr Wirt
587
550 551 554 555 555 556 557 559 563 566
588
Opinion of Chief Justice Tilghman
591
Case of Schooner St Marys
592
Seizure of Property in Jurisdiction of friendly Power
594
Property rescued from Belligerent not restorable
595
Duties on Stolen Property not refunded
596
CHAPTER XVIII
598
395
599
FUGITIVES BY CONSTRUCTION
601
Expenses of Witnesses for Fugitive
602
Accounts of Costs in United States 603
603
Fees charged in United States
604
Expenses in Federal Cases
606
United States Marshals allowed Compensation as Agents
607
Appropriation for Defrayment of Expenses
608
Transmission of Accounts in State or Territorial Cases
609
Form for Ministers Account
610
578
611
United States does not surrender without Treaty
612
Practice in Foreign Countries
614
Treaties of United States
616
Law in United States
618
Duties of Consuls
620
DESERTERS FROM THE ARMY 413 Not surrendered as such
621
Rule where Courts have Concurrent Jurisdiction
631
Withholdment of Papers by Executive in New York
637
583
638
61
642
Where Process is not abused
649
Person charged must have been in demanding State 937
651
False Pretences 939
662
67
664
75
675
Technical Objections 876
680
447
681
448
682
449
692
450
695
457
703
460
704
461
705
TREATIES OF UNITED STATES RELATING TO DESERTION
706
BRAZIL
710
466
713
467
718
585
724
469
725
471
732
76
734
478
738
479
740
481
755
484
760
486
765
487
766
489
773
491
774
493
777
496
779
498
780
78
784
Answers of Mexican Ministry of Foreign Affairs
785
PERU
797
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Popular passages

Page 758 - ... to the end that the evidence of criminality may be heard and considered; and if, on 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.
Page 516 - Provided, that this shall only be done 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 offence had there been committed...
Page 749 - Assaults on board a ship on the high seas with intent to destroy life or to do grievous bodily harm. Revolt or conspiracy to revolt by two or more persons on board ship on the high seas against the authority of the master.
Page 140 - ... committed within the jurisdiction of either, shall seek an asylum, or shall be found within the territories of the other : — provided that this shall only be done 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...
Page 523 - Probable cause" has been defined as a reasonable ground of suspicion supported by circumstances sufficiently strong in themselves to warrant a cautious man in the belief that the person accused is guilty of the offense with which he is charged.
Page 377 - Requisitions for the surrender of fugitives from justice shall be made by the respective diplomatic agents of the contracting parties, or, in the event of the absence of these from the country or its seat of government, they may be made by superior consular officers.
Page 742 - In the case of a fugitive criminal accused of an extradition crime, if the foreign warrant authorising the arrest of such criminal is duly authenticated, and such evidence is produced as (subject to the provisions of this Act) would, according to the law of England...
Page 336 - ... are authenticated by the oath of some witness or by being sealed with the official seal of the minister of justice, or some other minister of state...
Page 731 - Neither of the contracting parties shall be bound to deliver up its own citizens or subjects under the stipulations of this Convention.
Page 751 - Act, to be further dealt with according to law; for which this shall be your warrant. Given under my hand and seal at...

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