Chapter 398. To provide for the detention of fugitives apprehended in the District of Columbia
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Chap. 398: To provide for the detention of fugitives apprehended in the District of Columbia. Chapter 398 45 Stat. 440 1928-04-21 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-24 70 1 public Chapter 398.— An Act To provide for the detention of fugitives apprehended in the District of Columbia. April 21, 1928.[[H.
R. 8915](/us/bill/70/hr/8915).][[Public, No. 294](/us/pl/70/294).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That whenever District of Columbia.Fugitives from justice in.any person shall be found within the District of Columbia charged 441with any offense committed in any State, Territory, or other possession Judge of police court may issue warrant to bring accused before the court.of the United States, and liable by the Constitution and laws of the United States to be delivered over upon the demand of the governor of such State, Territory, or possession, any judge of the police court of the District of Columbia, may, upon complaint on oath or affirmation of any credible witness, setting forth the offense, that such person is a fugitive from justice, and such other matters as are necessary to bring the case within the provisions of law, issue a warrant to bring the person so charged before the police court, to answer such complaint.
Sec. 2. If, upon the examination of the person charged, it shall If judge believes complaint is true, and surrender may be demanded, he shall require a bond to appear at a future date, etc.appear to the judge of the police court that there is reasonable cause to believe that the complaint is true, and that such person may be lawfully demanded of the chief justice of the Supreme Court of the District of Columbia, he shall, if not charged with murder in the first degree, be required to give bond or other obligation, with sufficient sureties, in a reasonable sum, to appear before said judge of the police court at a future date, allowing thirty days to obtain a requisition from the governor of the State, Territory, or possession of the United States from which said person is a fugitive, he to abide the order of such judge of the police court in the premises.
Sec. 3. If such person shall not give bond or other obligation, as Commitment to jail if no bond given, or if charged with murder.herein provided, or if he shall be charged with the crime of murder in the first degree, he shall be committed to the District Jail, and there detained until a day fixed by the court, in like manner as if the offense charged had been committed within the District of Columbia; and, if the person so giving bond or other obligation shall fail Forfeiture of bond on failure to appear.to appear according to the condition of his bond or obligation, he shall be defaulted, and the bond or other obligation entered into by him shall be forfeited to the United States.
Sec. 4. If the person so giving bond or other obligation, or committed, Discharge if appearing in court on day ordered, unless demanded by warrant of governor.shall appear before the judge of the police court upon the day ordered, he shall be discharged, unless he shall be demanded by some person authorized by the warrant of the governor to receive him, or unless the judge or the police court shall see cause to commit Further detention.him for a further time, or to require him to give bond or other obligation for his appearance at some other day, and if, when ordered, he shall not give bond or other obligation he shall be committed and detained as before: *Provided,* That whether the person so of bond on *Proviso.*Discharge of bond on delivery.charged shall give bond or other obligation, be committed or discharged, his delivery to any person authorized by the warrant of the governor shall be a discharge of his bond or obligation, if any.
Sec. 5. The major and superintendent of the Metropolitan police Notice to police official of city, etc., of fugitive. of the District of Columbia shall give notice to the police official or sheriff of the city or county from which such person is a fugitive that the person is so held in the District of Columbia. Sec. 6. A person committed as herein provided shall not be detained Limitation of jail detention.in jail longer than to allow a reasonable time to the person receiving the notice herein required to apply for and obtain a proper requisition for such person according to the circumstances of the case and the distance of the place where the offense is alleged to have been committed.
Sec. 7. Nothing herein contained shall prevent the voluntary Voluntary return in custody of official allowed. return, in the custody of a proper official, of a person to the jurisdiction of the State, Territory, or other possession of the United States from which he is a fugitive. And nothing herein contained Acceptance of bond by judge of police court.shall prevent a judge of the police court of the District of Columbia, in his discretion, accepting bond or other obligation for the appearance of a person before the proper official in the State, Territory, or possession of the United States from which he is a fugitive. 442 Return of fugitive to Federal district, etc., not affected.
Sec. 8. Nothing herein contained shall repeal, modify, or in any way affect existing law concerning the procedure for the return of any person apprehended in the District of Columbia to a Federal district to answer a Federal charge, or repeal, modify, or affect existing law or treaty concerning the return to a foreign country of a person apprehended in the District of Columbia as a fugitive from justice from a foreign country. Approved, April 21, 1928.
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Chapter 398
To provide for the detention of fugitives apprehended in the District of Columbia
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