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

Sampul Depan
Boston book Company, 1891 - 1556 halaman
"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.
 

Halaman terpilih

Isi

IMMIGRATION ACTS
38
EXTRADITION TO UNITED STATES
45
WARRANT OF SURRENDER
50
EXTRADITION A NATIONAL
53
Case of Lett
67
ACTS OF CONGRESS Page
71
Code of Georgia
73
CHAPTER IV
79
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
UNDER COMMON
149
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
SWEDEN AND NORWAY
236
OPINIONS OF EXECUTIVE OFFICERS
239
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
Proposed Legislative Modification
250
WAIVER OF IMMUNITY 174 Consent of Fugitive
251
253 Special Stipulations
253
Voluntary Return
255
Effect of Voluntary Return in France
256
Logical Rule as to Voluntary Return
257
Conflicting Views 259
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
271
Case of Ludwig
272
41
273
Case of Baruch 187 Misapplications of Rauscher Decision
276
Case of Cahill
292
PRISONER CANNOT ALLEGE IRREGULARITIES 200 Case of Brewster
294
Case of Rowe
295
Case of Lagrave
296
Irregularities in Extradition no Defence
301
CHAPTER VIII
303
SWITZErland
304
Conventional Inhibition Unnecessary
305
Conventional Inhibitions
306
WHAT CONSTITUTES A POLITICAL OFFENCE
308
WHAT CONSTITUTES A FUGITIVE
313
TURKEY
319
QUESTIONS WHICH MAY BE CONSIDEred
325
EXPULSION OF POLITICAL OFFENDERS
326
APPLICATIONS FOR REQUISITIONS
333
AMOUNT OF EVIDENCE REQUIRED
337
Designation of Agent
341
CHAPTER XX
346
INTERSTATE RENDITION
350
Person demanded as a Fugitive from Justice
351
CHAPTER X
357
Prescription
360
Charge of Crime in Asylum State
366
Cases under Section 33 of the Act of 1789 Section 1014
369
Concurrent Demands
372
Opinions of Mr Wirt
388
CHAPTER XI
395
VOL I
403
REQUISITIONS
412
REQUIREMENTS OF ACT OF CONGRESS 544 Form of Requisition 870
414
REQUISITES OF COMPLAINT
418
Nature of Charge 871
425
Should allege that Accused is a Fugitive or that he
433
299 Statutory Provisions
447
REARREST
457
Commentary
460
CHAPTER XIV
465
UNDER ACT OF 1860
481
UNDER ACT OF 1882
503
Connecticut Laws
518
INDICTMENT
522
Views held in Virginia
524
LAW IN CANADA
526
Documentary Evidence for Defence
529
Term Charged
530
POWER TO ISSUE
535
FUNCTION OF WRIT
541
before Commissioner
548
Record of Magistrate retained
572
RENDITION TO A THIRD STATE
577
In Spain
578
WHERE EXTRADITION IS NOT GRanted
584
UNDER STATE STATUTES
591
Expediency of Using 874
593
Duties on Stolen Property not refunded
596
BRAZIL
598
396
600
AFFIDAVIT
602
IN OBTAINING EXTRADITION TO UNITED STATES
604
Form for Ministers Account
610
81
611
EXECUTIVE DISCRETION
612
COLOMBIA
617
Surrender not obligatory where Fugitive is held
618
DESERTERS FROM THE ARMY
621
EXTRADITION WITHOUT TREATY Page 415 Early Doctrine
624
Upper Canadian Act of 1833
625
Later Views
626
LEGISLATION 418 Prior to 1867
627
From 1868 to 1882
628
Present Legislation
630
Rule where Courts have Concurrent Jurisdiction
631
TRIAL FOR OTHER THAN EXTRADITION CRIME 422 Fugitive may be so tried
632
Case of Cunningham
634
JUDICIAL EXAMINATION 424 Who may Conduct
636
Arrest
637
Second Arrest
640
Provisional Detention
641
Warrant of Commitment
642
General Rules
646
Proof of Offence
647
CIVIL SUITS
649
What Evidence is admitted
650
Admission of Documentary Evidence
651
Indictment
656
Miscellaneous Decisions
658
FORGERY 435 Case of Eno
659
Various Cases
661
Case of Phipps
666
Case of Jarrard
668
Cases of De Baun and Hardie
670
QUESTION OF SURRENDER 440 Condition of Fugitive
671
43
673
Various Questions
674
Voluntary Return
675
HABEAS CORPUS 443 Power to issue Writ
676
Return to Writ
677
Extent of Review
678
Result of Decision favorable to Prisoner
680
Res Judicata
681
STATUTES OF UNITED STATES TO EXECUTE EXTRADITION
692
GERMANY
696
TREATIES OF UNITED STATES RELATING TO DESERTION
706
584
724
2335
732
Persons
733
487
766
49
769
489
773
Expulsion
779
Answers of Mexican Ministry of Foreign Affairs
785
PERU
797
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Halaman 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.
Halaman 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...
Halaman 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.
Halaman 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...
Halaman 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.
Halaman 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.
Halaman 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...
Halaman 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...
Halaman 731 - Neither of the contracting parties shall be bound to deliver up its own citizens or subjects under the stipulations of this Convention.
Halaman 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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