Chapter 378. regulating fees and the practice in extradition cases
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CHAP. 378.— An Act regulating fees and the practice in extradition cases.August 3, 1882. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Fees and practice in extradition cases. That all hearings in cases of extradition under treaty stipulation or convention shall be held on land, publicly, and in a room or office easily accessible to the public. Sec. 2. That the following shall be the fees paid to commissioners inCommissioners’ foes. cases of extradition under treaty stipulation or convention between the Government of the United States and any foreign government, and no other fees or compensation shall be allowed to or received by them:
For administering an oath, ten cents.Oath.Acknowledgment,Depositions.Copies. For taking an acknowledgment, twenty-five cents. For taking and certifying depositions to file, twenty cents for each folio. For each copy of the same furnished to a party on request, ten cents for each folio. For issuing any warrant or writ, and for any other service, the sameWarrant or writ. compensation as is allowed clerks for like services. For issuing any warrant under the tenth article of the treaty of AugustR.
S. treaties, p.320. ninth, eighteen hundred and forty-two, between the United States and the Queen of the United Kingdom of Great Britain and Ireland, against any person charged with any crime or offense as set forth in said article, two dollars. For issuing any warrant under the provision of the convention for theSurrender of criminals, etc. surrender of criminals, between the United States and the King of the French concluded at Washington November ninth, eighteen hundredR.
S. treaties, p. 247. and forty-three, two dollars. For hearing and deciding upon the case of any person charged with any crimeHearing and deciding case of person charged with crime under any treaty.Subpoena of witnesses. or offense, and arrested under the provisions of any treaty or convention, five dollars a day for the time necessarily employed. Sec. 3. That on the hearing of any case under a claim of extradition by any foreign government, upon affidavit being filed by the person charged setting forth that there are witnesses whose evidence is material to his defense, that be cannot safely go to trial without them, what he expects to prove by each of them, and that he is not possessed of sufficient means, and is actually unable to pay the fees of such witnesses, the judge or commissioner before whom such claim for extradition is 216 FORTY-SEVENTH CONGRESS.
SESS. I. CH. 378, 379. 1882. heard may order that such witnesses be subpoenaed; and in such eases Cost of process and ft of witnesses, how paid.the costs incurred by the process, and the fees of witnesses, shall be paid in the same manner that similar fees are paid in the case of witnesses subpoenaed in behalf of the United States. Sec. 4. That all witness fees and costs of every nature in cases of extradition,Witness fees, costs,etc., certified to Secretary of State, by whom payment shall be paid, etc. including the fees of the commissioner, shall be certified by the judge or commissioner before whom the hearing shall take place, to the Secretary of State of the United States, who is hereby authorized to allow the payment thereof out of the appropriation to defray the expenses of the judiciary; and the Secretary of State shall cause the amount of said fees and costs so allowed to be reimbursed to the Government of the United States by the foreign government by whom the proceedings for extradition may have been instituted.
Sec. 5. That in all cases where any depositions, warrants, or otherEvidence on the hearing.R. S. title 66, 1021. papers or copies thereof shall be offered in evidence upon the hearing of any extradition case under Title sixty-six of the Revised Statutes of the United States, such depositions, warrants, and other papers, or the copies thereof, shall be received and admitted as evidence on such hearing for all the purposes of such hearing if they shall be properly and Proof of proper authenticity.legally authenticated so as toentitlcthem to be received for similar purposes by the tribunals of the foreign country from which the accused party shall have escaped, and the certificate of the principal diplomatic or consular officer of the United States resident in such foreign country shall be proof that any deposition, warrant or other paper or copies thereof, so offered, are authenticated in the manner required by this act.
Sec. 6. The act approved June nineteenth, eighteen hundred and19 Stat , 59. seventy-six, entitled “An act to amend section fifty-two hundred and seventy-one of the Revised Statutes of the United States”, and so much of said section fifty-two hundred and seventy-one of the Revised Statutes of the United States as is inconsistent with R. S. 5271, 1026, in part repealed.the provisions of this act are hereby repealed. Approved, August 3, 1882.