OBLIGATIONS IMPOSED UPON THE UNITED STATES BY TREATY WITH RESPECT TO FUGITIVES FROM FOREIGN COUNTRIES WHO HAVE SOUGHT AN ASYLUM IN THIS COUNTRY.

67. Treaties existing between the United States and some foreign countries require that the legal officers of the United States shall assist the officers of the demanding Government before the respective judges and magistrates in securing the arrest and extradition of fugitives who have fled to the United States.

68. Whenever, therefore, a United States attorney is advised by the Attorney General that information has been received, through diplomatic channel, of the commission of an offense against the laws. of a foreign country with which an extradition treaty exists, and is instructed to take the steps necessary to effect the arrest and detention of the fugitive pending the receipt of formal papers upon which demand for extradition will be based, he should make out a complaint before a United States judge, or United States commissioner, and ask for the issuance of the proper warrant of arrest, in order that the fugitive may be brought before a magistrate qualified to act in extradition matters for hearing and action under the procedure laid down in section 5270, R. S. U. S., or laws amendatory thereto.

69. In such cases the department has found the following form to be adaptable, but United States attorneys should not confine themselves alone to that form and its language if, in their judgment, they can be strengthened:

In the

of

of

District of

In the matter of the extradition of

The honorable The JUDGE OF THE

a fugitive from the justice

Your complainant, the attorney of the United States for the

under oath, deposes and says:

That, in the above matter, he acts for and in behalf of the Government of.. That he is informed, through diplomatic channel, that the said duly and legally charged with having committed the crime of said

That the said

can not be served in said.

has fled outside the boundaries of the said that warrant for the arrest of the said and that the said

has sought an asylum within the jurisdiction of the ... and the city of....

United States and may be found in the State of

at

That the said crime of

which the said

is charged to

have committed in said foreign country is among the offenses enumerated in the treaty existing between the United States and the said

proclaimed

That said crime of

is more particularly referred to in article

of said treaty as follows:

sec.

......

That, through the diplomatic channel, your complainant is informed and believes that requisition for the herein-named fugitive, is about to be made, accompanied by the formal papers upon which demand for extradition is founded;

Whereupon, your petitioner, acting under the authority and in the behalf stated, prays the consideration of this petition and that a warrant may issue for the arrest of the said charged as aforesaid, that he may be brought before a commissioner or magistrate qualified to act in extradition matters, to the end that evidence of criminality may be heard, and, if on such hearing, he deems the evidence sufficient to sustain the charge under the provisions of said treaty, said magistrate or commissioner shall certify the same to the Secretary of State, at Washington, D. C., in order that warrant may issue upon the requisition of the proper authority of said foreign government for the surrender of the said .... according to the stipulations of said treaty, and for such other action as the said commissioner or magistrate is required under the provisions of said treaty and the laws of the United States to take. Dated at

district of.

on the ...

appeared the complainant,

the attorney of the United States for the 19., who, being duly

sworn, says that the foregoing information is true as he verily believes.

EXPENSES OF SERVICE OF PROCESS BY AGENT OF THE UNITED STATES IN BRINGING CRIMINALS BACK TO THE UNITED STATES.

70. The actual and necessary expenses incurred and paid by the agent in the execution of the President's warrant in cases of fugitives from the justice of the United States should be stated in an itemized account, supported by proper vouchers, and sworn to. The account should be forwarded to the Attorney General for transmission to the Secretary of State for audit and payment. The amount claimed by the agent as personal compensation should also be stated in the

account.

PART TWO.

INSTRUCTIONS TO UNITED STATES MARSHALS.

CHAPTER I.

APPOINTMENT, QUALIFICATION, POWERS, DUTIES, AND COMPENSATION OF MARSHALS AND THEIR DEPUTIES.

APPOINTMENT AND INDUCTION INTO OFFICE.

71. Commissions appointing United States marshals are transmitted to the United States district judge for delivery to the appointee. The appointee should be at once advised, furnished with blank forms for the execution of an official bond and oath of office, and with information as to the designation of his official residence. (See pars. 75 to 78, also 82 and 83.)

72. The appointee should execute his official bond, following closely the instructions upon the blank form. He should also confer with his predecessor in office and arrange with him concerning the date of entrance upon duty, upon which date the oath of office should be taken and executed in triplicate.

73. Upon taking the oath and assuming duties the marshal should immediately advise the Attorney General, the Solicitor of the Treasury, and the Commissioner of Internal Revenue accordingly.

74. The incoming marshal should receipt to his predecessor in office for all Government property turned over to him when he assumes duties; for the unexpended balance of deposits to cover costs (trust funds) which will be turned over to him; and for all unserved process, if any, seized property, etc., which he receives from his predecessor. (See pars. 97 to 102.)

OFFICIAL BONDS. .

75. The amount or penalty of the official bond of a marshal is $20,000, unless a larger bond is authorized by the Attorney General. (See secs. 2 and 3, act Feb. 22, 1875, Supp. R. S., vol. 1, p. 65.)

76. Official bonds may be given with corporate surety or with individual sureties. The former are more desirable. In case the bond has individual sureties it must not only be approved by the judge, but the judge should certify that the sureties are inhabitants and freeholders of the district. (See act Aug. 13, 1894, sec. 1, 28 Stat. L., 279, and R. S., sec. 783.)

77. The United States does not pay any part of the premium or other cost of furnishing bonds. The acceptance of bonds upon which the rate of premium is more than 35 per cent greater than the rate charged for like bonds during the calendar year 1908 is prohibited. (See 36 Stat. L., 125.) It is therefore necessary that there shall be clearly stated upon the face of every bond having a corporate surety the rate of premium charged per thousand, and the total amount of premium charged upon the full penalty of the bond.

NOTE. The revenue stamps required under the act of October 22, 1914, should be affixed to each bond.

78. The original bond, after approval by the United States district judge, must be filed and recorded in the office of the clerk of the district court. An exact copy of the bond, showing the nature and location of all seals, stamps, etc., certified by the clerk under the seal of the court, should be at once forwarded by the clerk of the court to the Auditor for the State and Other Departments. The clerk of the court should certify upon this copy that the original bond is filed and recorded in his office.

ADDITIONAL AND NEW BONDS.

79. An additional official bond may be given only when directed by the Attorney General and only when the surety or sureties are identical with those upon the existing bond. In such cases it is not necessary to close accounts and deposit balances, as hereafter directed relative to new bonds.