(b) A treaty of extradition is in existence between the United States and the country of asylum.

(c) The offense committed in this country is (a) among those enumerated in such foreign treaty, and (b) is made criminal by the laws of both countries.

(d) Sufficient evidence in the possession of the United States attorney for presentation to the surrendering Government to make out a strong case-such a case as would justify the committal of the accused under the laws of this country.

WHERE THE EXTRADITION TREATIES MAY BE FOUND.

44. The extradition treaties existing between the United States and foreign countries may be found printed in the several volumes of the Statutes-at-Large or in Malloy's Treaties, Conventions, International Protocols, etc., but if the United States attorney is unable to ascertain that a treaty exists between the United States and the country of asylum or that the offense committed in the United States is extraditable, he should apply to the Attorney General for such information prior to the preparation of the necessary papers.

PROVISIONAL DETENTION.

45. Pending the preparation of the formal papers, it is sometimes necessary to secure the arrest and provisional detention of the accused, and, in such a case, if the United States attorney fears the further flight of the fugitive, he should apply to the Attorney General, by telegram or letter, for his arrest and detention. Such application should furnish information upon the following points:

(a) The name in full of the accused and his assumed name or names, if any;

(b) A physical description of the accused;

(c) The place and address in the foreign country where the accused can be found;

(d) The date of the indictment, if an indictment has been filed; (e) The specific offense or offenses charged;

(f) The date of the commission of the offense and the place where committed; and

(g) State whether a warrant of arrest has been issued and the reason for nonservice in this country.

46. It should be borne in mind that the request for provisional detention does not take the place of the application for extradition and the formal papers hereinafter mentioned.

ARREST AND PROVISIONAL DETENTION EFFECTED.

47. In the event the fugitive is arrested and detained in the foreign country, the United States attorney will be promptly advised

of that fact. He must then, as soon as possible, prepare the necessary papers, in duplicate, as herein instructed, and forward them to the Attorney General accompanied by a formal application.

NECESSITY OF EXPEDITION IN THE SUBMISSION OF THE FORMAL PAPERS.

48. The preparation and submission of the formal papers should be expedited as much as possible. The failure to do so may result in the escape or release of the fugitive.

49. In treaties with some foreign countries, notably Mexico, the period of detention is limited to 40 days after the arrest. In other jurisdictions, however, the practice is generally observed, after the arrest of the fugitive, to continue the hearing for a week, and, upon motion, to grant a further continuance. In some instances these continuances have been limited to two or three weeks.

THE APPLICATION FOR SURRENDER.

50. The essentials stated having been found to exist, the United States attorney should use a form similar to the following, in transmitting the formal papers to the Attorney General:

OFFICE OF UNITED STATES ATTORNEY,

The ATTORNEY GENERAL.

SIR: I have the honor to transmit herewith a copy, in duplicate, duly authenticated, of the indictment, warrant of arrest with the marshal's return thereon, and the evidence upon which the charges in the indictment are based, in the case of the U. S. v. indicted ...... 19.., in the U. S. district court for the charged with having committed the offense of and to ask that demand be made upon the Government to be brought back to

district of

in violation of of

for the surrender of the said

said district for trial under said indictment. 1. The name of the accused is

(Include any assumed name.)

2. His physical description is as follows:

3. He may be found at

4. The specific offense charged against him is as follows:

(If the offense charged is embezzlement, larceny, or the like, the United States attorney should also state the actual amount involved, or describe the property taken, from whom taken, and whether it is of a public or private nature; or, in the case of injury, the name of the person injured.)

5. The offense (or offenses) was (or were) committed

in this judicial district.

19., at

6. I suggest

as the person to be named in the President's warrant as the agent of the United States to receive and convey the fugitive to the place of trial in this district.

This request for the surrender of the fugitive is made solely for the purpose expressed in this application, and not to enforce the collection of a debt or to avoid the penalty of a bail bond, or for any private purpose, and, if the application is granted, the criminal proceedings shall not be used for any of said purposes.

Respectfully,

United States Attorney.

THE SELECTION OF THE AGENT OF THE UNITED STATES.

51. In the selection of the agent to receive the fugitive from the hands of the foreign authority and convey him to this country for trial, United States attorneys should recommend some person able to identify the accused, in the event identity is not disclosed or is denied at the hearing abroad.

PAPERS TO ACCOMPANY THE APPLICATION FOR EXTRADITION,

52. As stated, two sets of the following papers, one set to be retained in the office of the Secretary of State and the other to go abroad, should accompany the application for extradition:

(a) The indictment.

(b) The warrant of arrest, with the marshal's return indorsed thereon.

(c) The evidence upon which the charges made in the indictment are based.

53. All such papers should have formal, legal captions.

THE INDICTMENT.

54. The indictment should be a true copy of that paper as filed in the office of the clerk of the United States district court. He should attach to such copy a certificate to the effect that it is a true copy of the indictment filed in the case of the U. S. v.

No.

trict of

pending in the United States district court for the disTo this certificate the clerk should sign his

name and official title, and affix the seal of the court.

THE WARRANT OF ARREST.

55. The warrant of arrest, being also a part of the records of the court and having been returned into court with the marshal's indorsement of nonservice, in the case of a fugitive, a copy of such warrant and of the marshal's return should be prepared by the clerk and certified to in like manner as is suggested as to the copy of the indictment.

THE EVIDENCE SUPPORTING THE CHARGES IN THE INDICTMENT.

56. If the evidence was reduced to writing at the time it was given to the grand jury, it should be properly authenticated under the seal of the court and transmitted with the other papers to the Attorney Gen

eral, but if the evidence was not so reduced, the United States attorney should secure original affidavits of a sufficient number of the witnesses who appeared before the grand jury to make a strong case.

57. The affidavits should also be prepared with formal captions, showing as well the title of the case, its docket number, and the court in which it is pending. They may be executed before any person lawfully authorized to administer oaths and to execute such papers, but preferably, in cases involving violations of a Federal statute, before a clerk or deputy clerk of a United States court, or a United States commissioner.

58. The officer before whom the affidavits or depositions are executed should affix his official signature and seal to each of them.

THE OFFICIAL IDENTITY OF THE CLERK, ETC., ESTABLISHED.

59. After the clerk, or his deputy, has certified to any paper, or the United States commissioner has affixed his jurat to any paper executed before him, his official identity should be established by the usual certificate of a judge of a United States court under the seal of the court.

AFFIDAVITS EXECUTED BEFORE STATE OFFICERS.

60. To secure the services of a Federal officer may cause delay, or the execution of affidavits before him may, for other reasons, be impracticable. In such event they may be executed before a duly authorized State officer, whether magistrate or notary public, whose official identity should be established by the certificate under seal of the governor of such State or the secretary of state.

CASES IN WHICH INDICTMENT MAY NOT HAVE BEEN FILED.

61. The filing of an indictment is not a prerequisite to the institution of extradition proceedings. They may be begun before the defendant has been indicted.

62. In such a case a copy, in duplicate, duly authenticated, of the following papers should accompany the application for extradition (similar in form to that indicated) signed by the United States attorney:

(a) Complaint properly signed and sworn to, made by an officer or person having knowledge of the facts and executed before a duly authorized officer, preferably a United States judge or a United States commissioner, or a clerk or deputy clerk of a United States

court.

(b) Warrant of arrest, with the marshal's return indorsed thereon. (c) Original affidavits reciting facts to support the charges made in the complaint. The suggestions hereinbefore made as to affidavits for use in cases where the fugitive has been indicted apply to cases where he is merely charged with having committed an offense an ' where an indictment has not yet been returned.

EXTRADITION PROCEEDINGS BEGUN AFTER CONVICTION.

63. Where the defendant, after trial and conviction in this country, has fled to a foreign jurisdiction, the papers necessary to secure his return should consist of a copy of so much of the record of the court as will show:

(a) That conviction was obtained after a regular trial.

(b) The date of such conviction.

(c) The offense of which the fugitive was convicted.

(d) The specific law violated.

(e) The sentence, if imposed, and the date of such imposition. 64. If at the time of his flight the convict was at large on bail, the copy of the court proceedings should show the proceedings involving the forfeiture of his bond and the issuance, if any, of the process of court to effect his arrest.

65. The record of the court should be prepared in duplicate. with proper formal captions and should be authenticated officially by the clerk of the court under its seal; the latter's official identity being established by the certificate of the United States judge under the seal of the court.

66. In making application for the extradition of the convict the United States attorney should use a form similar to the following: OFFICE OF THE UNITED STATES ATTORNEY,

The ATTORNEY GENERAL.

SIR: I have the honor to advise you that

was convicted

19.., in the United States district court for this judicial district of

having committed the offense of He has sought an asylum in

in violation of and I have the honor to ask that

demand be made upon the Government of that country for his return, to be brought back to this district for sentence.

The name of the convict is

his physical description is as follows:

an 1 he may be found at

(include any assumel name);

In support of this application I send herewith a copy in duplicate, duly authenticatel, of so much of the record of the court as shows that the conviction was obtained after a regular trial, the date of the conviction, and the offense of which the fugitive was convicted.

I suggest as the person to be named in the President's warrant as the agent of the United States to receive and convey the fugitive to the place of trial in this district.

This request for the surren ler of the fugitive is made solely for the purpose expressed in the application and not to enforce the collection of a debt or to avoid the penalty of a bail bon, or for any private purpose, and, if the application is granted, the criminal procee ings shall not be used for any of said purposes.

Respectfully,

United States Attorney.