Page:United States Statutes at Large Volume 76A.djvu/648

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–552–

-552or with escaping from confinement or breaking the terms of his bail or breaking the terms of probation granted by a magistrate's court, in the Canal Zone, from the Executive Authority of a State, or from the chief judge or an associate judge of the United States District Court for the District of Columbia authorized to receive the demand under the laws of the United States, he shall issue a warrant under the seal of the Canal Zone, to an agent, commanding him to receive the person so charged if delivered to him and convey him to the proper officer of the Canal Zone. § 5043. Application for issuance of requisition; by whom made; contents (a) When the return to the Canal Zone of a person charged with crime in the Canal Zone, other than an offense against the United States, is required, the United States attorney shall present to the Governor his written application for a requisition for the return of the person charged, in which application shall be stated the name of the person so charged, the crime charged against him, the approximate time, place and circumstances of its commission, the State in which he is believed to be, including the location of the accused therein at the time the application is made and certifying that, in the opinion of the United States attorney the ends of justice require the arrest and return of the accused to the Canal Zone for trial and that the proceeding is not instituted to enforce a private claim. (b) When the return to the Canal Zone is required of a person who has been convicted of a crime in the Canal Zone, other than an offense against the United States, and has escaped from confinement or broken the terms of his bail or broken the terms of probation granted by a magistrate's court, the United States attorney, probation officer, or peace officer from whom, or warden of the institution from which, escape was made, shall present to the Governor a written application for a requisition for the return of the person in which application shall be stated the name of the person, the crime of which he was convicted, the circumstances of his escape from confinement or of the breach of the terms of his bail or probation, and the State in which he is believed to be, including the location of the person therein at the time application is made. (c) The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by two certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to the judge or magistrate, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The United States attorney or other officer making the application may also attach such further affidavits and other documents in duplicate as he deems proper to be submitted with the application. One copy of the application, with the action of the Governor indicated by indorsement thereon, and one of the certified copies of the indictment, complaint, information, and affidavits, or of the judgment of conviction or of the sentence shall be filed in the office of the executive secretary of the Canal Zone Government to remain of record in that office. The other copies of all papers shall be forwarded with the Governor's requisition. § 5044. Costs and expenses When the Governor of the Canal Zone demands a person pursuant to this subchapter, costs and expenses shall be paid as provided by section 4983 of this title. § 5045. Immunity from service of process in certain civil actions A person brought into the Canal Zone by, or after waiver of, extradition based on a criminal charge is not subject to service of personal