Page:United States Statutes at Large Volume 76A.djvu/645

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–549–

-549having violated the laws of the State whose Executive Authority is making the demand, even though the person left the demanding State involuntarily. § 5026. Extradition of persons not present in demanding state at time of commission of crime The Governor of the Canal Zone may also surrender, on demand of the Executive Authority of a State, any person in the Canal Zone charged in that State in the manner provided by section 5023 of this title with committing an act in the Canal Zone, or in a third State, intentionally resulting in a crime in the State whose Executive Authority is making the demand, and the provisions of this subchapter not otherwise inconsistent, apply to such cases, even though the accused was not in that State at the time of the commission of the crime, and has not fled therefrom. § 5027. Issue of Governor's warrant of arrest; its recitals If the Governor decides that the demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with the seal of the Canal Zone, and be directed to any peace officer or other person whom he may think fit to entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issuance. § 5028. Manner and place of execution The warrant prescribed by section 5027 of this title shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where he may be found within the Canal Zone and to command the aid of all peace officers or other persons in the execution of the warrant, and to deliver the accused, subject to the provisions of this subchapter, to the duly authorized agent of the demanding State. § 5029. Authority of arresting officer A peace officer or other person empowered to make the arrest has the same authority, in arresting the accused, to command assistance therein, as peace officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse their assistance. § 5030. Rights of accused person; application for writ of habeas corpus A person arrested upon such a warrant may not be delivered over to the agent whom the Executive Authority demanding him has appointed to receive him unless he is first taken forthwith before the judge of the district court, who shall inform him of the demand made for his surrender and of the crime with which he is charged, and that he has the right to demand and procure legal counsel; and if the prisoner or his counsel states that he or they desire to test the legality of his arrest, the judge of the district court shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When such a writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the United States attorney, and to the agent of the demanding State. During the absence of the district judge, the powers conferred upon the district court by this section may be exercised by a magistrate or a magistrate's court. § 5031. Penalty for non-compliance with preceding section An officer who delivers to the agent for extradition of the demanding State a person in his custody under the Governor's warrant in willful disobedience to section 5030 of this title, shall be guilty of a misdemeanor and, on conviction, shall be fined not more than $1,000 or bo imprisoned in jail not more than six months, or both.