Page:United States Statutes at Large Volume 18 Part 1.djvu/1095

Trrmi x.xvi.—EXTRA1)ITl()N. 1023 ity appointed to receive the fugitive, and to cause the fugitive to be delivered to such agent when he shall appear. lf no such agent appears within six months from the time of the arrest, the prisoner may be discharged. All costs or expenses incurred in the apprchending, securing, and transmitting such fugitive to the State or Territory making such demand, shall be pai by such State or Territory. Sec. 5279. Any agent so appointed who receives the fugitive into his _Penalty for resistcustody, shall be empowered to transport him to the State or Territory mg a€°“*· &°— _ from which he has fled. And every person who, by force, sets at liberty Ibid., s. 2. or rescues the fugitive from such a ent while so transporting him, shall be fined not more than five hundref dollars or imprisoned not more than one year. [Sw S 5409-] Sec. 5280. On application of a consul or vice-consul of any forei n _ A¤‘€¤t Of déséftgovernment having a treaty with the United States stipulating for the ig? f"’a***"Q $*0*** restoration of seamen desertin , made in writin , stating that the per- .,grE;i- son therein named has deserted from a vessel of any such government, 2 M¤’·» {829, *‘· while in any port of the United States, and on proof by the exhibition 41é1‘1_`$é{;‘3?gg5 C of the register of the vessel, ship’s roll, or other official document, that 123,v_1O;},_61,Q ' the person named belonged, at the time of desertion, to the crew of such vessel, it shall be the duty of any court, judge, commissioner of any circuit court, justice, or other magistrate, having competent power, to issue warrants to cause such person to be arrested for examination. If, on examination, the facts stated are found to be true, the person arrested not being a citizen of the United States, shall be delivered up to the consul or vice-consul, to be sent back to the dominions of any such government, or, on the request and at the expense of the consul or viceconsul, shall be detained until the consul or vice-consul finds an opportunity to send him back to the dominions of any such government. No person so arrested shall be detained more than two months after his arrest; but at the end of that time shall be set at liberty, and shall not be a ain molested for the same cause. If any such deserter shall be found to have committed any crime or offense, his surrender may be delayed until the tribunal before which the case shall be depending, or may be cognizable, shall have pronounced its sentence, and such sentence shall have been carried into e ect. [Sw SS 4079-4081-1