605. Employment of Stratagem does not render Arrest illegal 978

606. Irregularities in Rendition no Bar to Prosecution.

979

CHAPTER VI.

SURRENDER.

1. CONSTITUTIONAL DUTY.

§ 607. Duty of Rendition made certain by the Constitution

980

611. Exercise of Judgment in Surrender.

2. EXECUTIVE DISCRETION.

§ 612. Theory of Recent Origin

613. Case of Kimpton

614. Delaware, Louisiana, and Ohio

986

988

993

997

615. Maryland

.

998

616. Cannot be presumed that the Fugitive will not have a

§ 621. Need not set out or be accompanied with Indictment or

623. Need not directly state that Person surrendered is a

Fugitive

1009

624. As to showing that Person surrendered is charged with

Crime.

625. Various Points

626. Issuance of new Warrant

1011

630. Jurisdiction of Federal Courts not exclusive

631. Rule where Courts have Concurrent Jurisdiction

2. QUESTIONS WHICH MAY BE CONSIDERED.

§ 632. Conflict of Opinion

633. Identity.

634. Warrant of Surrender held to be conclusive

1017

635. Warrant of Surrender held not to be conclusive.

636. Decisions in New York . .

1024

1026

637. Withholdment of Papers by Executive in New York

638. Distinction in Decided Cases between Indictment and

Affidavit..

639. New York Decisions followed in Texas and Minnesota

640. How far the Court may look into Question of Flight

641. Rules of Practice .

1027

1029

1. TRIAL FOR OTHER THAN Rendition Offence.

§ 642. Opinions adverse to such Trial

643. Decisions in Favor of such Trial.

644. Reasons against Limitation as to Trial

1035

1038

1040

1. EXTRADITION TREATIES OF UNITED STATES, WITH OBSERVA-

TIONS ON THEIR PRACTICAL WORKINGS, AND AN INDEX. . 1059

2. STATUTES OF UNITED STATES TO EXECUTE EXTRADITION

TREATIES

3. TREATIES OF UNITED STATES RELATING TO DESERTION OF

SEAMEN.

1162

1172

APPENDIX II.

THE STATUTES, RULES, AND FORMS IN FORCE IN THE VARIOUS
STATES AND TERRITORIES IN RELATION TO INTERSTATE
RENDITION, WITH AN INTRODUCTION AND The Rules and
FORMS ADOPTED BY THE 66 INTERSTATE EXTRADITION CON-
FERENCE, 1887"

INDEX

1189

1515

PART II.

INTERSTATE RENDITION.

VOL. II. -1