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, Količina 1

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Boston book Company, 1891 - 1556 strani
"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.
 

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PROGRESS OF EXTRADITION
12
EXTRADITION WITHOUT TREATY
21
UNDER THE CONSTITUTION
28
DO RINE IN GREAT BRITAIN
36
EXTRADITION TO UNITED STATES
45
CHAPTER III
53
Administration of Washington
54
Case of Washburn
55
New York Statute 1822
59
Case of Neilson
60
Case of Polari
61
Case of Fanelle
64
Case of Mackenzie
66
Case of Lett
67
Case of De Witt
68
Case of Vogt
70
Code of Arizona
71
Code of California
72
Code of Georgia
73
STATES BORDERING ON MEXICO 66 Treaty with Mexico
75
Federal Supervision
76
Federal Offences
78
CHAPTER IV
79
Utility of Treaties
81
Objects of Extradition Treaties
82
HISTORY OF NEGOTIATIONS
83
Constitutional Provision not Selfexecuting 840
86
RULES OF CONSTRUCTION
97
6 OFFENCES INCLUDED
106
INTERPRETATIONS AND CORRECTIONS
113
JURISDICTION
134
PIRACY
141
Position of British Government
143
Great Lakes
144
Case of Bidwell
145
Miscellaneous Cases
146
Case of Lenning
147
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
Case of Carr and others
175
CITIZEN OF THIRD STATE 142 General Rule
177
Case of Four American Sailors
178
Case of Silveira
179
Page
184
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
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 159 Case of Hawes
222
Case of Blandford 161 Case of Watts
225
General Doctrine
226
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
Case of Coy 169 Case of Reinitz
244
As to Offences Enumerated in Treaty
245
AMELIORATIONS OF RULE 171 Higher Offence including Lower
246
Advisableness of Modification of Rule
247
Proposed Legislative Modification
250
WAIVER OF IMMUNITY 174 Consent of Fugitive
251
Power to grant
270
Exercise of Power in various Cases
271
Case of Ludwig
272
Cases of Plugge and Barton
273
Instances of Refusal
274
Provisional Arrest
275
Bail
276
COMMITMENT FOR SURRENDER 277 Period of Detention
277
Certificate to Secretary of State
278
CHAPTER VII
281
DEFECTIVE AUTHORITY OF NATIONAL GOVERNMENT
290
CHAPTER VIII
303
What CONSTITUTES A POLITICAL OFFENCE Page 208 Crimes against Political Persons
308
French Communists
311
Decision belongs to Asylum State
312
UNITED STATES Cases 211 Case of William Lyon Mackenzie
313
Case of the Joseph L Gerrity
316
Case of Burley
319
St Albans Raid
322
Mexican Revolutionists
323
Case of Cazo
324
EXPULSION OF POLITICAL OFFENDERS 218 May be expelled
326
219
327
221
328
222
329
Requisitions on United States
330
225
331
APPLICATIONS For REQUISITIONS 226 General Rules
333
227
334
AMOUNT OF EVIDENCE REQUIRED
337
Form of Application
339
229
340
Designation of Agent
341
231
342
233
344
Form in De Baun Case
346
Person demanded as a Fugitive from Justice 887
351
CHAPTER X
357
Case of Kaine
358
Extent of Executive Power
360
Executive Duty at first held to be Ministerial
361
First Mandate
362
First Exercise of Executive Discretion
363
GROUNDS FOR REFUSING SURRENDER 364 Question of Treaty Construction
364
Prescription
373
250
374
Voluntary Return 176 Effect of Voluntary Return in France 177 Logical Rule as to Voluntary Return 251
375
Representations of Counsel
376
TREATY PROVISIONS
377
Discharge of Prisoner
378
Discharge not a Necessary Consequence of Defective Certificate of Magistrate
379
Warrant of Surrender
380
TRANSIT 381 In United States and England
381
255
382
256
384
257
385
400
400
CHAPTER XII
410
Complaint should show Authority
412
Failure of Complaint to show Authority not necessarily fatal
413
Case of Charleston
415
Complainant not subject to Suit where he has Probable Cause
416
REQUISITE TES OF COMPLAINT 284 Should show Authority of Person who receives it 285 May be made on Information and Belief
418
Sources of Information and Belief
419
Telegraphic Information
420
Charge of Crime
422
Form of Charge
425
In general need not allege Institution of Proceedings in Foreign Country
426
If Mandate is obtained Failure to recite it not fatal
430
Technical Variances from Mandate not fatal 293 Need not allege Penalty of Offence unless Treaty re quires
432
Should allege that Accused is a Fugitive or that he is or is believed to be within the Jurisdiction
433
Allegation that Offence charged is within the Treaty 296 Summary of Requisites
434
Amendments
435
Forms of Complaint
436
CHAPTER XIII
447
Must show Authority of Magistrate
448
Reference to Mandate when necessary
449
May run throughout the United States
450
REARREST 305 Discharge on habeas corpus does not prevent
457
Case of Kelly
459
Service of New Warrant
460
Forms of Warrant of Arrest
461
CHAPTER XIV
465
Early Practice
466
Act of 1848
467
Revision of 1874
469
Act of 1876
471
Act of 1882
478
Executive Construction of Act of 1882
479
UNDER ACT OF 1860
481
Cases of Henrich and Farez
483
Case of Macdonnell
484
Case of Dugau
486
Case of Wadge
487
Case of Behrendt
489
Case of McPhun
491
Case of Fergus
493
Case of Herres
495
Case of Charleston
496
Case of Benson
498
NETHERLANDS
504
Indian Tribes 850
523
LAW IN CANADA
526
Offenders against Federal Law 851
531
CHAPTER XV
534
FUNCTION OF WRIT
541
INDICTMENT
566
GeorgiaMaine Controversy 887
567
568
568
570
570
377
572
Case of Gaffigan and Merrick 898
574
382
578
CHAPTER XVII
583
WHERE EXTRADITION IS NOT GRANTED 385 Case of the Chesapeake
584
Jewels of Princess of Orange 584
585
387
586
Expediency of Using 874
593
Under STATE STATUTES
596
CHAPTER XI
598
FUGITIVES BY CONSTRUCTION
601
AFFIDAVIT
602
CHAPTER XIX
611
EXECUTIVE DISCRETION
612
WHO MAY ACT
615
THE STATUTES RULES AND FORMS IN FORCE IN THE VARIOUS
617
DESERTERS FROM THE ARMY
621
EXTRADITION WITHOUT TREATY Page 415 Early Doctrine
624
Upper Canadian Act of 1833
625
Later Views
626
418
627
419
628
420
630
422
632
Case of Cunningham
634
JUDICIAL EXAMINATION 424 Who may Conduct
636
425
637
RULES OF PROCEDURE
638
426
640
Provisional Detention
641
Warrant of Commitment
642
General Rules
646
430
647
432
650
Admission of Documentary Evidence
651
433
656
434
658
435
659
436
661
Case of Phipps
666
Case of Jarrard
668
Cases of De Baun and Hardie
670
QUESTION OF SURRENDER 440 Condition of Fugitive
671
Various Questions
674
Voluntary Return
675
Power to issue Writ
676
Return to Writ
677
Extent of Review
678
Result of Decision favorable to Prisoner
680
Res Judicata
681
CHAPTER XXI
695
BELGIUM
704
BRAZIL
710
DENMARK
718
Russia
726
GERMANY
732
CHAPTER VIII
749
False Pretences 939
751
Case of Juhn 944
755
Memorandum of Spanish Foreign Office
804
SWITZERLAND
812
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Priljubljeni odlomki

Stran 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.
Stran 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...
Stran 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.
Stran 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...
Stran 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.
Stran 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.
Stran 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...
Stran 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...
Stran 731 - Neither of the contracting parties shall be bound to deliver up its own citizens or subjects under the stipulations of this Convention.
Stran 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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