TITLE LXVI.

EXTRADITION.

Sec. 5271.

ACT AUG. 3, 1882, c. 378, § 4.

Payment of fees and costs.

Fees and costs in extradition cases are to be paid out of the appropriation for the expense of the judiciary, and the Attorney-General is required to certify to the Secretary of State the amounts to be paid to the United States on account of such fees and costs by the foreign government requesting the extradition, and the Secretary of State is required to cause such amounts to be collected and transmitted to the AttorneyGeneral for deposit in the Treasury, by a proviso in Act June 28, 1902, c. 1301, § 1, set forth below.

The diplomatic and consular service appropriation act for the fiscal year ending June 30, 1903, makes an appropriation to carry out the provisions of this section.

ACT JUNE 28, 1902, c. 1301, § 1.

Fees and costs in extradition cases, how paid; duties of Attorney-General and Secretary of State.

* * That from and after June thirtieth, nineteen hundred and three, all the fees and costs in extradition cases shall be paid out of the appropriations to defray the expenses of the judiciary, and the Attorney-General shall certify to the Secretary of State the amounts to be paid to the United States on account of said fees and costs in extradition cases by the foreign government requesting the extradition, and the Secretary of State shall cause said amounts to be collected and transmitted to the Attorney-General for deposit in the Treasury of the United States.

Act June 28, 1902, c. 1301, § 1, 32 Stat. 475.

This is a proviso annexed to an appropriation for salaries, etc., of marshals in the sundry civil appropriation act for the fiscal year ending June 30, 1903, cited above.

Other provisions for the payment of fees and costs are contained in Act Aug. 3, 1882, c. 378, § 4, Comp. St. 1901, p. 3595.

Sec. 5278.

Fugitives from justice of a State or Territory.

The provisions of this section, so far as applicable, are extended to the Philippine Islands, by Act Feb. 9, 1903, c. 529, § 2, set forth below.

Sec. 5279.

Penalty for resisting agent, etc.

The provisions of this section, so far as applicable, are extended to the Philippine Islands, by Act Feb. 9, 1903, c. 529, § 2, set forth below.

ACT FEB. 9, 1903, c. 529, § 2.

Fugitives from justice of Philippine Islands.

That the provisions of sections fifty-two hundred and seventyeight and fifty-two hundred and seventy-nine of the Revised Statutes, so far as applicable, shall apply to the Philippine Islands, which, for the purposes of said sections, shall be deemed a Territory within the meaning thereof.

Act Feb. 9, 1903, c. 529, § 2, 32 Stat. 807.

This section is part of an act to provide for the removal of persons accused of crime to and from the Philippine Islands, cited above. Section 1 of the act is set forth ante, under Title XIII, "The Judiciary," c 18.

Rev. St. §§ 5278, 5279, mentioned in this section, are set forth in Comp. St. 1901, p. 3597.

ACT JAN. 15, 1897, c. 29, §§ 1, 5.

Qualified verdict of guilty of murder or rape.

The provisions of section 1 of this act are applicable to murder and rape committed within the limits of any Indian reservation in South Dakota, by Act Feb. 2, 1903, c. 351, § 2, set forth post, under chapter 3 of this Title.

Punishment of rape by Indians.

The punishment of rape by an Indian, committed within the limits of any Indian reservation in South Dakota, may be by imprisonment, at the discretion of the court, by Act Feb 2, 1903, c. 351, § 2, set forth post, under chapter 3 of this Title.

CHAPTER TWO.

Crimes Against the Existence of the Government. Sec. 5331.

Treason.

The testimony of two witnesses to the same overt act, or confession in open court, is necessary to conviction of treason of any person in the Philippine Islands, by Act March 8, 1902, c 140, § 9, set forth below.

ACT MARCH 8, 1902, c. 140, § 9.

Treason in the Philippines; evidence necessary to convict.

That no person in the Philippine Islands shall, under the authority of the United States, be convicted of treason by any tribunal, civil or military, unless on the testimony of two witnesses to the same overt act, or on confession in open court.

Act March 8, 1902, c. 140, § 9, 32 Stat. 55.

This section is part of an act temporarily to provide revenue for the Philippine Islands, and for other purposes, cited above, other sections of which are set forth or referred to ante, under Title XXXIII, "Duties Upon Imports."

CHAPTER THREE.

Crimes Arising Within the Maritime and Territorial Jurisdiction of the United States.

Sec. 5339.

Murder.

The Circuit and District Courts of the United States for the district of South Dakota are given jurisdiction to hear, try, and determine all actions and proceedings in which any person shall be charged with the crime of murder, manslaughter, rape, assault with intent to kill, arson, burglary, larceny, or assault with a dangerous weapon committed within the limits of any Indian reservation in South Dakota, by Act Feb. 2, 1903, c. 351, § 1, set forth below. Section 2 of said act, also set forth below, prescribes the penalty for the commission of murder, manslaughter, rape, arson, or burglary within such reservations, and provides for the punishment of Indians committing the crime of rape within such reservations. Section 3 of said act, also set forth below, prescribes the penalty for the commission of the crimes of assault with intent to kill, assault with a dangerous weapon, or larceny within such reservations.

Sec. 5342.

Attempt to commit murder or manslaughter.

The punishment of the crime of assault with intent to kill within the limits of any Indian reservation in South Dakota is prescribed by Act Feb. 2, 1903, c. 351, § 3, set forth below.

ACT FEB. 2, 1903, c. 351.

An Act Conferring Jurisdiction upon the Circuit and District Courts for the District of South Dakota in Certain Cases, and for Other Purposes. (32 Stat. 793.)

Jurisdiction of crimes committed on Indian reservations in South Dakota.

Be it enacted, &c., That the circuit and district courts of the United States for the district of South Dakota are hereby given jurisdiction. to hear, try, and determine all actions and proceedings in which any person shall be charged with the crime of murder, manslaughter, rape, assault with intent to kill, arson, burglary, larceny, or assault with a dangerous weapon committed within the limits of any Indian reservation in the State of South Dakota.

Act Feb. 2, 1903, c. 351, § 1, 32 Stat. 793.

Punishment of murder, manslaughter, rape, arson, or burglary committed on Indian reservations in South Dakota.

Sec. 2. That any person convicted of the crime of murder, manslaughter, rape, arson, or burglary committed within the limits specified in section one of this Act shall be subject to the same penalties and punishment as are all other persons convicted of the commission of any of said crimes within the sole and exclusive jurisdiction of the United States: Provided, however, That any Indian who shall commit the crime of rape within the limits of any Indian reservation men

tioned in this Act shall be punished by imprisonment at the discretion of the court.

Act Feb. 2, 1903, c. 351, § 2, 32 Stat. 793.

The penalties for the commission of the crimes enumerated in this section are contained in Rev. St. Title LXX, "Crimes," chapters 1 and 3, Comp. St. 1901, pp. 3619-3622, 3625-3653.

Punishment of assault with intent to kill, assault with a dangerous weapon, or larceny committed on Indian reservations in South Dakota.

Sec. 3. That any person convicted of the crime of assault with intent to kill, assault with a dangerous weapon, or larceny, committed within the limits specified in section one of this Act shall be subject to the same penalties and punishment as are all other persons convicted of either of said crimes under the laws of the State of South Dakota.

Act Feb. 2, 1903, c. 351, § 3, 32 Stat. 793.

The laws of South Dakota fixing the penalties for the crimes enumerated in this section are as follows: Grantham's Annot. St. S. Dak. 1901, §§ 7738, 7739, assault with intent to kill; section 7769, assault with dangerous weapon; sections 8047-8055, larceny.

Cession of State jurisdiction to United States.

Sec. 4. That this Act is passed in pursuance of the cession of jurisdiction contained in chapter one hundred and five, Laws of South Dakota, nineteen hundred and one.

Act Feb. 2, 1903, c. 351, § 3, 32 Stat. 793.

The act mentioned in this section is evidently a miscitation for Act Feb. 14, 1901, c. 106, Laws S. D. 1901, p. 132, which reads as follows: "Section 1. There is hereby relinquished and given to the United States of America and the officers and courts thereof exclusive jurisdiction and authority to arrest, prosecute, convict and punish all persons whomsoever who shall, upon any Indian reservation within the state of South Dakota, commit any act in violation of the penal laws of the United States.

"Sec. 2. No costs or charges incurred in the courts of the United States in the prosecution of offenses committed upon any Indian reservation shall be chargeable to the state of South Dakota.

"Sec. 3. This act shall be in full force and effect whenever the jurisdiction hereby relinquished shall be assumed by the United States. "Sec. 4. All acts and parts of acts in conflict with the provisions of this act are hereby repealed."

Sec. 5343.

ACT MARCH 3, 1875, c. 138.

Punishment of manslaughter.

Manslaughter committed within the limits of any Indian reservation in South Dakota is punishable under the provisions of this act, by Act Feb. 2, 1903, c. 351, § 2, set forth above.

Sec. 5345.

Rape.

Rape committed within the limits of any Indian reservation in South Dakota is punishable in accordance with the provisions of this section, by Act Feb. 2, 1903, c. 351, § 2, set forth above.