22 June 1860. 3 March 1869 2 1. Persons brought tradition trea- tected from law less violence. Ibid. 22. Agents to have the powers of marshals. Ibid. 2 3. Penalty for ob any paper or other document so offered is authenticated in the manner required by this act.(a) 2. Whenever any person who shall have been delivered by any foreign government to an agent or agents of the United States, for the purpose of being brought within the United States and tried for any crime of which he is duly accused, the president shall have power to take all necessary measures for the transportation and safe-keeping of such accused person, and for his security against lawless violence, until the final conclusion of his trial for the crimes or offences specified in the warrant of extradition, and until his final discharge from custody or imprisonment for or on account of such crimes or offences, and for a reasonable time thereafter. And it shall be lawful for the president, or such person as he may empower for that purpose, to employ such portion of the land or naval forces of the United States, or of the militia thereof, as may be necessary for the safe-keeping and protection of the accused as aforesaid. 3. Any person duly appointed as agent to receive in behalf of the United States the delivery by a foreign government of any person accused of crime committed within the jurisdiction of the United States, and to convey him to the place of his trial, shall be and hereby is vested with all the powers of a marshal of the United States, in the several districts through which it may be necessary for him to pass with such prisoner, so far as such power is requisite for his safe-keeping. 4. If any person or persons shall knowingly and wilfully obstruct, resist or oppose such agent in the execution of his duties, or shall rescue, or attempt to rescue, such structing agent, prisoner, whether in the custody of the agent aforesaid, or of any marshal, sheriff, or rescuing pri soner. 10 February 1858. 11 Stat. 741. Extended to cases of forgery, counterfeiting and embezzlemeut. 23 Mar.1868 art.1. 15 Stat. 129. Fugitives to be delivered up. Evidence. Ibid. art. 2. For what offences. jailer or other officer or person to whom his custody may have lawfully been committed, every person so knowingly and wilfully offending in the premises shall, on conviction thereof before the district or circuit court of the United States for the district in which the offence was committed, be fined not exceeding one thousand dollars, and imprisoned not exceeding one year. II. TREATY WITH FRANCE. 5. It is agreed between the high contracting parties that the provisions of the treaties for the mutual extradition of criminals between the United States of America and France, of November 9th 1843, and February 24th 1845, and now in force between the two governments, shall extend not only to persons charged with the crimes therein mentioned, but also to persons charged with the following crimes, whether as principals, accessories or accomplices, namely: forging or knowingly passing or putting in; circulation counterfeit coin or bank notes or other paper current as money, with intent to defraud any person or persons; embezzlement by any person or persons hired or salaried, to the detriment of their employers, when these crimes are subject to infamous punishment. III. TREATY WITH ITALY. 6. The government of the United States and the government of Italy mutually agree to deliver up persons who, having been convicted of or charged with the crimes specified in the following article, committed within the jurisdiction of one of the contracting parties, shall seek an asylum or 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 or her apprehension and commitment for trial, if the crime had been there committed. 7. Persons shall be delivered up who shall have been convicted of, or be charged, according to the provisions of this convention, with any of the following crimes : I. Murder, comprehending the crimes designated in the Italian penal code, by the terms of parricide, assassination, poisoning and infanticide: II. The attempt to commit murder: III. The crimes of rape, arson, piracy and mutiny on board a ship, whenever the crew, or part thereof, by fraud or violence against the commander, have taken possession of the vessel: IV. The crime of burglary, defined to be the action of breaking and entering by night into the house of another with the intent to commit felony; and the crime of robbery, defined to be the action of feloniously and forcibly taking from the person of another, goods or money, by violence or putting him in fear: V. The crime of forgery, by which is understood the utterance of forged papers, the counterfeiting of public, sovereign or government acts: VI. The fabrication or circulation of counterfeit money, either coin or paper, of (a) A certificate, under this act, should show upon its face that the officer who made it is the principal diplomatic or consular officer of the United States, resident in the country making the demand of extradition; and should declare that the documents to which it is attached are legally authenticated, according to the laws of the country from which the fugitive escaped, so as to entitle them to be received as evidence for similar purposes by the tribunals of that country. 10 Opin. 501. public bonds, bank notes and obligations, and in general of any title and instrument 23 March 1868. of credit whatsoever, the counterfeiting of seals, dies, stamps and marks of state and public administrations, and the utterance thereof: VII. The embezzlement of public moneys, committed within the jurisdiction of either party, by public officers or depositors: VIII. Embezzlement by any person or persons hired or salaried, to the detriment of their employers, when these crimes are subject to infamous punishment. 8. The provisions of this treaty shall not apply to any crime or offence of a political Ibid. art. 3. character, and the person or persons delivered up for the crimes enumerated in the pre- Not to apply to ceding article shall in no case be tried for any ordinary crime, committed previously to political offendthat for which his or their surrender is asked. ers. To be first tried for offences com 9. If the person whose surrender may be claimed, pursuant to the stipulations of Ibid. art. 4. the present treaty, shall have been arrested for the commission of offences in the country where he has sought an asylum, or shall have been convicted thereof, his extradition may be deferred until he shall have been acquitted, or have served the term country of re of imprisonment to which he may have been sentenced. mitted in the fuge. 10. Requisitions for the surrender of fugitives from justice shall be made by the Ibid. art. 5. respective diplomatic agents of the contracting parties, or in the event of the absence Proceedings on of these from the country, or its seat of government, they may be made by superior requisition. consular officers. If the person whose extradition may be asked for shall have been convicted of a crime, a copy of the sentence of the court in which he may have been convicted, authenticated under its seal, and an attestation of the official character of the judge by the proper executive authority, and of the latter by the minister or consul of the United States or of Italy, respectively, shall accompany the requisition. When, however, the fugitive shall have been merely charged with crime, a duly authenticated copy of the warrant for his arrest in the country where the crime may have been committed, or of the depositions upon which such warrant may have been issued, must accompany the requisition as aforesaid. The president of the United States, or the proper executive authority in Italy, may then issue a warrant for the apprehension of the fugitive, in order that he may be brought before the proper judicial authority for examination. If it should then be decided that, according to law and the evidence, the extradition is due pursuant to the treaty, the fugitive may be given up according to the forms prescribed in such cases. Ibid. art. 6. 11. The expenses of the arrest, detention and transportation of the persons claimed shall be paid by the government in whose name the requisition shall have been made. Expenses. IV. TREATY WITH BADEN. 11 Stat. 714. delivered up. 12. It is agreed that the United States and Baden shall, upon mutual requisitions by 30 Jan. 1857 art.1. them, or their ministers, officers or authorities, respectively made, deliver up to justice all persons who, being charged with the crime of murder, or assault with intent to Criminals to be commit murder, or piracy, or arson, or robbery, or forgery, or the fabrication or circulation of counterfeit money, whether coin or paper money, or the embezzlement of public moneys, committed within the jurisdiction of either party, shall seek an asylum, ⚫ or shall be found within the territories of the other: Provided, That this shall only be For what ofdone upon such evidence of criminality as, according to the laws of the place where the fences. fugitive or person so charged shall be found, would justify his apprehension and com- Evidence. mitment for trial, if the crime or offence had there been committed; (a) and the respective judges and other magistrates of the two governments shall have power, jurisdiction Jurisdiction. and authority, upon complaint made under oath, to issue a warrant for the apprehension of the fugitive or person so charged, that he may be brought before such judges or other magistrates, respectively, 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. The expense of such apprehension and delivery shall be borne and defrayed Expenses. by the party who makes the requisition and receives the fugitive. Nothing in this article contained shall be construed to extend to crimes of a political character. 13. Neither of the contracting parties shall be bound to deliver up its own citizens or subjects, under the stipulations of this convention. Not to extend to political offend ers. Ibid. art. 2. Ibid. art. 3. 14. Whenever any person accused of any of the crimes enumerated in this convention shall have committed a new crime in the territories of the state where he has sought an Nor until after asylum, or shall be found, such person shall not be delivered up under the stipulations in the country trial for offences (a) If the offence charged be punishable as a crime by the laws of the state in which the fugitive is found, at the time of its commission, he may be surrendered up, though such act were where found, not a criminal offence at the date of the treaty. A prior discharge, by another judge, not upon the merits, is not a bar to the application. Müller's Case, 5 Phila. 289. s. c. 10 Opin. 501. 30 January 1857. of this convention, until he shall have been tried, and shall have received the punishment due to such new crime, or shall have been acquitted thereof. 21 Mar.1860 art.1. 12 Stat. 1125, Criminals to be delivered up. Evidence. Ibid. art. 2. For what offences. Ibid. art. 3. Expenses. Ibid. art. 4. Not to apply to citizens. Ibid. art. 5. Nor to political offences. Ibid. art. 6. Persons so V. TREATY WITH SWEDEN. 15. It is agreed that the high contracting parties shall, upon mutual requisitions by them, their diplomatic or consular agents, respectively made, deliver up to justice all persons who, being charged with or condemned for any of the crimes enumerated in the following article, committed within the jurisdiction of either party, shall seek an asylum or shall be found within the territories of the other: Provided, That this surrender and delivery shall not be obligatory on either of the high contracting parties, except upon presentation by the other, in original or in verified copy, of the judicial declaration or sentence establishing the culpability of the fugitive, and issued by the proper authority of the government who claims the surrender, in case such sentence or declaration shall have been pronounced: said document to be drawn up and certified according to the forms prescribed by the laws of the country making the demand. But if such sentence or declaration shall not have been pronounced, then the surrender may be demanded, and shall be made, when the demanding party shall have furnished such proof of culpability as would have been sufficient to justify the apprehension and commitment for trial of the accused, if the offence had been committed in the country where he shall have taken refuge. 16. Persons shall be so delivered up who shall have been charged with or sentenced for any of the following crimes, to wit: murder, (including assassination, parricide, infanticide and poisoning,) or attempt to commit murder, rape, piracy, (including mutiny on board a ship, whenever the crew or part thereof by fraud or violence against the commander, have taken possession of the vessel) arson, robbery and burglary, forgery and the fabrication or circulation of counterfeit money, whether coin or paper money, embezzlement by public officers, including appropriation of public funds. 17. The expenses of any detention and delivery, effected in virtue of the preceding provisions, shall be borne and defrayed by the party who makes the requisition and receives the fugitive. 18. Neither of the contracting parties shall be bound to deliver up, under the stipulations of this convention, any person who, according to the laws of the country where he shall be found, is a citizen or a subject of the same, at the time his surrender is demanded. 19. The provisions of the present convention shall not be applied to any crime or offence of a political character. 20. Whenever any person accused of any of the crimes enumerated in this convention shall have committed a new crime in the territories of the state where he has sought an asylum, or shall be found, such person shall not be delivered up under the charged to be de stipulations of this convention, until he shall have been tried, and shall have received the punishment due to such new crime, or shall have been acquitted thereof. up. 25 Sept. 1861 art. 27. 12 Stat. 1159. Fugitives to be delivered up. Evidence. Ibid. art. 28. For what offences. Ibid. art. 29. Surrender and expenses. Ibid. art. 30, VI. TREATY WITH VENEZUELA. 21. The United States of America and the republic of Venezuela, on requisitions made in their name, through the medium of their respective diplomatic and consular agents, shall deliver up to justice persons who, being charged with the crimes enumerated in the following article, committed within the jurisdiction of the requiring party, shall seek asylum or shall be found within the territories of the other: Provided, That this shall be done only when the fact of the commission of the crime shall be so established as to justify their apprehension and commitment for trial, if the crime had been committed in the country where the persons so accused shall be found; in all of which the tribunals of said country shall proceed and decide according to their own laws. 22. Persons shall be delivered up, according to the provisions of this convention, who shall be charged with any of the following crimes, to wit: murder (including assassination, parricide, infanticide and poisoning); attempt to commit murder; rape; forgery; the counterfeiting of money; arson; robbery with violence, intimidation or forcible entry of an inhabited house; piracy; embezzlement by public officers, or by persons hired or salaried, to the detriment of their employers, when these crimes are subject to infamous punishment. 23. On the part of each country the surrender shall be made only by the authority of the executive thereof. The expenses of detention and delivery effected in virtue of the preceding articles, shall be at the cost of the party making the demand. 24. The provisions of the aforegoing articles relating to the surrender of fugitive criminals shall not apply to offences committed before the date hereof, nor to those of a political character.(a) (a) For a similar treaty with the Dominican Republic, signed 8 February 1867, see 15 Stat. 182. Fees. 1. Fees of clerk, attorney and marshal in the District of Columbia. 2. Maximum compensation of attorneys and marshals. 3. Fees of clerk and marshal. 13 Stat. 195. attorney and District of Co lumbia. 1. The fees of the clerk of the supreme court of the District of Columbia, except so 24 June 1864 2 1. far as hereinafter specifically provided, and of the United States attorney and the marshal of said district, except so far as hereinafter provided, shall be the same as the fees Fees of clerk, respectively allowed to clerks of the district and circuit courts, attorneys, solicitors and marshal in the proctors and marshals, by the act approved February 26th 1853, entitled "An act to regulate the fees and costs to be allowed clerks, marshals and attorneys of the circuit and district courts of the United States, and for other purposes:" Provided, That the clerk of said supreme court shall not be allowed by the secretary of the interior to retain of the fees and emoluments of his said office, for his own personal compensation, over and above his necessary office expenses, the necessary clerk-hire included, to be audited and allowed by the accounting officers of the treasury, subject to an appeal to the secretary of the interior, more than the sum of four thousand dollars per annum; and in making out his semi-annual returns, required by the third section of said act, said clerk shall embrace his fees and emoluments of every name and character for any service required of him by law.(a) Ibid. 22. attorneys and 2. No marshal nor district attorney of the United States shall, by reason of the discharge of the duties of his office, now or hereafter required of him by law, or in any Maximum comcase in which the United States will be bound by the judgment which may be rendered pensation of in the same, be allowed to retain out of the fees, charges and emoluments therefor, marshals. whether prescribed by statute or allowed by a court or any judge thereof, a greater maximum compensation than that fixed by the act aforesaid; but all such fees and emoluments, of every name and character, shall be included in the semi-annual returns required of marshals and attorneys by the third section of the act aforesaid: Provided, That nothing in this act contained shall apply to the provisions of sections eleven and twelve of the "Act to prevent and punish frauds upon the revenue, approved March 3d 1863." 3. The following fees, and no other, shall be allowed to the clerk of said court, and the marshal of said district, for the services following :- Ibid. 2 4. Fees of clerk For all services rendered by said clerk to the United States, in cases in which the and marshal. said United States is a party of record, five dollars. For each marriage license, issued by him, one dollar. For each certificate of official character, including the seal, fifty cents. For service of any warrant, attachment, summons, capias or other writ (except execution, venire or a summons or subpœna for a witness), one dollar for each person on whom such service may be made. Fines, Penalties and Forfeitures, 1. Certain penalties to be refunded to owners and masters of vessels. On proof of bona fides. 2. Secretary may remit penal duties in certain cases. 3. Limitations of suits for fines, &c., under the revenue laws repealed. 12 Stat. 271. to be refunded to 1. That the secretary of the treasury be and he is hereby authorized to pay, out of 24 July 1861 2 1. any moneys in the treasury not otherwise appropriated, to the person or persons entitled to receive the same, the amount of such fines or penalties as have been incurred, and Certain penalties paid by the owners or masters of vessels, since the 1st day of December 1860, in con- owners and massequence of their failure to produce to collectors of the customs, the clearances or other ters of vessels. papers prescribed and required by the laws of the United States regulating the issue of marine papers, and the foreign and coasting trades: Provided, That the secretary of On proof of bona the treasury shall be satisfied in each case that there was no wilful negligence, or any intention of fraud on the part of the person or persons incurring the fines or penalties aforesaid, and that they were unable to obtain the requisite papers, by reason of there being no officer of the customs at the port of departure authorized to issue marine papers, or to grant clearances under the laws of the United States. 2. That the secretary of the treasury be and is hereby authorized to remit, in whole or in part, on such conditions and under such regulations, not inconsistent with law, as fides. (a) See tit. "District of Columbia," 22-24. Ibid. 3. 210 FINES, PENALTIES AND FORFEITURES-FLORIDA. 24 July 1861. Secretary may re mit penal duties, in certain cases. 3 Mar. 18632 14. 12 Stat. 741. Limitations of suits for fines, &c. under the revenue laws repealed. he may prescribe, the additional duty secured by the bond given for the transportation of merchandise from a port in one collection district to a port in another collection district, prescribed by the sixth section of the act entitled "An act to extend the warehousing system by establishing private bonded warehouses, and for other purposes," approved the 28th day of March 1854: (a) Provided, That it shall be proved to the satisfaction of the secretary of the treasury, that the failure to transport and deliver the merchandise aforesaid, according to the conditions of the bond, occurred without wilful negligence or fraudulent intention on the part of the obligors. 3. That the 17th section of the act entitled "An act increasing temporarily the duties on imports, and for other purposes," approved July 14th 1862, and so much of the 89th section of the act entitled "An act to regulate the collection of duties on imports and tonnage," approved March 2d 1799, and so much of the 3d section of the act entitled "An act in addition to the act for the punishment of certain crimes against the United States," approved March 26th 1804, as impose any limitation upon the commencement of any action or proceeding for the recovery of any fine, penalty or forfeiture incurred by reason of the violation of any law of the United States relating to the importation or entry of goods, wares or merchandise, are hereby repealed. Fisheries. 1. Bounties not to be paid, until proof of payment of duties on Imported salt. 2. Act of 1813 extended to the mackerel fishery. 20 June 1864 2 1. 13 Stat. 142. Bounties not 3 March 1865 2 1. 13 Stat. 535. 3. Fishing bounties abolished. Fishing vessels may take salt in bond. 1. The allowance of bounty to certain vessels employed in the bank and other cod fisheries, as provided for in the act of July 29th 1813, entitled "An act laying a duty on imported salt, granting a bounty on pickled fish exported, and allowances to certain vessels employed in the fisheries," and the act of March 3d 1819, (b) amendatory thereof, shall not hereafter be paid to any such vessel until satisfactory proof shall have been furnished to the collector of customs charged with the payment of such bounty, that the import duty, imposed by law on foreign salt imported into the United States, has been duly paid on all foreign salt used in curing the fish on which the claim to the allowance of bounty is based. 2. The provisions of the first section of "An act for the government of persons in certain fisheries," approved on the 19th of June, in the year 1813, (c) shall extend and apply to the master or skipper and seamen of vessels of the burden of twenty tons or mackerel fishery. upwards, qualified according to law for carrying on the mackerel fisheries, bound from Act of 1813 extended to the 28 July 18662 4. 14 Stat. 328. Fishing bounties abolished. a port in the United States, to be employed in such fisheries, in the same way as if such fisheries had been embraced in said act: Provided, That the agreement named in said section shall be duly made, endorsed and countersigned. 3. That all laws and parts of laws allowing fishing bounties to vessels hereafter licensed to engage in the fisheries be and the same are hereby repealed: Provided, That from and after the date of the passage of this act, vessels licensed to engage in the fisheries may take on board imported salt in bond, to be used in curing fish, under such Fishing vessels regulations as the secretary of the treasury shall prescribe; and upon proof that said salt has been used in curing fish, the duties on the same shall be remitted. may take salt in bond. 27 July 18682 1. 15 Stat. 239. Terms of the northern district. Ibid. § 2. Florida. 1-2. Terms of the northern district. CIRCUIT AND DISTRICT COURTS. 1. The times and places of holding the United States district and circuit courts for the northern district of Florida shall hereafter be as follows: at Jacksonville, on the first Monday of December; at Tallahassee, on the first Monday of February; and at Pensacola, on the first Monday of March. 2. That the terms of the United States courts heretofore held at Saint Augustine and Appalachicola be hereafter discontinued. (a) 1 vol. 389, pl. 301. (b) 1 vol. 284. (c) 1 vol. 283. |