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Attempt to break and enter,
Lawful and in proper form.
William F. Duprey and George Smith,.
Lawful and in proper form.
Julia Edmondson, alias,.
Elie Hammady, .
The following requisitions upon His Excellency the Governor for the surrender of fugitives from the justice of other States have been referred by him to this department during the year ending Dec. 31, 1903, for examination and report thereon :
of Refer. ence.
State making the
Name of Fugitive.
1, Rhode Island,
25, New Hampshire, Nov.
7, | Vermont, Dec.
7, Ohio, 20, New Hampshire,
David L. Belanger,
Lawful and in proper form.
form. Lawful and in proper form.
RULES OF PRACTICE
IN INTERSTATE RENDITION.
Every application to the Governor for a requisition upon the executive authority of any other State or Territory, for the delivery up and return of any offender who has fled from the justice of this Commonwealth, must be made by the district or prosecuting attorney for the county or district in which the offence was committed, and must be in duplicate original papers, or certified copies thereof.
The following must appear by the certificate of the district or prosecuting attorney :
(a) The full name of the person for whom extradition is asked, together with the name of the agent proposed, to be properly spelled.
(6) That, in his opinion, the ends of public justice require that the alleged criminal be brought to this Commonwealth for trial, at the public expense.
(c) That he believes he has sufficient evidence to secure the conviction of the fugitive.
(d) That the person named as agent is a proper person, and that he has no private interest in the arrest of the fugitive.
(e) If there has been any former application for a requisition for the same person, growing out of the same transaction, must be so stated, with an explanation of the reasons for a second request, together with the date of such application, as near as
(f) If the fugitive is known to be under either civil or criminal arrest in the State or Territory to which he is alleged to have fled, the fact of such arrest and the nature of the proceedings on which it is based must be stated.
(g) That the application is not made for the purpose of enforcing the collection of a debt, or for any private purpose whatever;' and that, if the requisition applied for be granted, the criminal proceedings shall not be used for any of said objects.
(h) The nature of the crime charged, with a reference, when practicable, to the particular statute defining and punishing the (i) If the offence charged is not of recent occurrence, a satisfactory reason must be given for the delay in making the application.
1. In all cases of fraud, false pretences, embezzlement or forgery, when made a crime by the common law, or any penal code or statute, the affidavit of the principal complaining witness or informant, that the application is made in good faith, for the sole purpose of punishing the accused, and that he does not desire or expect to use the prosecution for the purpose of collecting a debt, or for any private purpose, and will not directly or indirectly use the same for any of said purposes, shall be required, or a sufficient reason given for the absence of such affidavit.
2. Proof by affidavit of facts and circumstances satisfying the Executive that the alleged criminal has fled from the justice of the State, and is in the State on whose Executive the demand is requested to be made, must be given. The fact that the alleged criminal was in the State where the alleged crime was committed at the time of the commission thereof, and is found in the State upon which the requisition was made, shall be sufficient evidence, in the absence of other proof, that he is a fugitive from justice.
3. If an indictment has been found, certified copies, in duplicate, must accompany the application.
4. If an indictment has not been found by a grand jury, the facts and circumstances showing the commission of the crime charged, and that the accused perpetrated the same, must be shown by aflidavits taken before a magistrate. (A notary public is not a magistrate within the meaning of the statutes.) It must also be shown that a complaint has been made, copies of which must accompany the requisition, such complaint to be accompanied by affidavits to the facts constituting the offence charged by persons having actual knowledge thereof, and that a warrant has been issued, and duplicate certified copies of the same, together with the returns thereto, if any, must be furnished upon an application.
5. The official character of the officer taking the affidavits or depositions, and of the officer who issued the warrant, must be duly certified.
6. Upon the renewal of an application, — for example, on the ground that the fugitive has fled to another State, not having been found in the State on which the first was granted,
new or certified copies of papers, in conformity with the above rules, must be furnished.
7. In the case of any person who has been convicted of any crime, and escapes after conviction, or while serving his sentence, the application may be made by the jailer, sheriff, or other officer having him in custody, and shall be accompanied by certified copies of the indictment or information, record of conviction and sentence upon which the person is held, with the affidavit of such person having him in custody, showing such escape, with the circumstances attending the same.