§ 3191. — Witnesses for indigent fugitives.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3191]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 209--EXTRADITION
Sec. 3191. Witnesses for indigent fugitives
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.
(June 25, 1948, ch. 645, 62 Stat. 825; Pub. L. 90-578, title III,
Sec. 301(a)(3), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 101-650, title
III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Sec. 656 (Aug. 3, 1882, ch.
378, Sec. 3, 22 Stat. 215).
Words ``that similar'' after ``manner'' were omitted as unnecessary.
Amendments
1968--Pub. L. 90-578 substituted ``magistrate'' for
``commissioner''.
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.
Section Referred to in Other Sections
This section is referred to in section 4114 of this title.
