§ 3191. Witnesses for indigent fugitives

Statutory text

On the hearing of any case under a claim of extradition by a foreign government, upon affidavit being filed by the person charged setting forth that there are witnesses whose evidence is material to his defense, that he cannot safely go to trial without them, what he expects to prove by each of them, and that he is not possessed of sufficient means, and is actually unable to pay the fees of such witnesses, the judge or magistrate judge hearing the matter may order that such witnesses be subpenaed; and the costs incurred by the process, and the fees of witnesses, shall be paid in the same manner as in the case of witnesses subpenaed in behalf of the United States.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1948
Pub. L. 80–645 · 62 Stat. 683
Enacted · 18 U.S.C. § 3191
June 25, 1948, ch. 645, 62 Stat. 825
Source evidence
Code source credit
June 25, 1948, ch. 645, 62 Stat. 825
1968
Federal Magistrates Act
Pub. L. 90–578 title III § 301(a)(3) · 82 Stat. 1107
Substituted · 18 U.S.C. § 3191
Pub. L. 90–578 substituted “magistrate” for “commissioner”
Source evidence
Code amendment note
Pub. L. 90–578 substituted “magistrate” for “commissioner”.
Enacted provision · exact public law section
(3) striking out the word “commissioner” wherever it appears in relation to a United States Commissioner, and inserting in lieu thereof the word “magistrate”;
Effective date note
Amendment by Pub. L. 90–578 effective Oct. 17, 1968, except when a later effective date is applicable, which is the earlier of date when implementation of amendment by appointment of magistrates [now United States magistrate judges] and assumption of office takes place or third anniversary of enactment of Pub. L. 90–578 on Oct. 17, 1968, see section 403 of Pub. L. 90–578, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

1 of 2 references resolved to an enrolled provision · 1 partial

Notes

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 656 (Aug. 3, 1882, ch. 378, § 3, 22 Stat. 215).

Words “that similar” after “manner” were omitted as unnecessary.

Editorial Notes

Amendments

1968—Pub. L. 90–578 substituted “magistrate” for “commissioner”.

Statutory Notes and Related Subsidiaries

Change of Name

Words “magistrate judge” substituted for “magistrate” in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

Effective Date of 1968 Amendment

Amendment by Pub. L. 90–578 effective Oct. 17, 1968, except when a later effective date is applicable, which is the earlier of date when implementation of amendment by appointment of magistrates [now United States magistrate judges] and assumption of office takes place or third anniversary of enactment of Pub. L. 90–578 on Oct. 17, 1968, see section 403 of Pub. L. 90–578, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

Credits

1948–1990 · 3 acts

1948June 25, 1948, ch. 645, 62 Stat. 825
1968Pub. L. 90–578, title III, § 301(a)(3), Oct. 17, 1968, 82 Stat. 1115
1990Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.

Show as published

(June 25, 1948, ch. 645, 62 Stat. 825; Pub. L. 90–578, title III, § 301(a)(3), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)