EXTRADITION, civil law. The act of sending, by authority of law, a person
accused of a crime to a foreign jurisdiction where it was committed, in'
order that he may be tried there. Merl. Rep. h.t.
2. By the constitution and laws of the United States, fugitives from
justice (q.v.) may be demanded by the executive of the one state where the
crime has been committed from that of another where the accused is. Const.
United States, art. 4, s. 2, 2 3 Story, Com. Const. U. S. Sec. 1801, et seq.
3. The government of the United States is bound by some treaty
stipulation's to surrender criminals who take refuge within the country, but
independently of such conventions, it is questionable whether criminals can
be surrendered. 1 Kent. Com. 36; 4 John. C. R. 106; 1 Amer. Jurist, 297; 10
Serg. & Rawle, 125; 22 Amer. Jur. 330; Story's Confl. of Laws, p. 520;
Wheat. Intern. Law, 111.
4. As to when the extradition or delivery of the supposed criminal is
complete is not very certain. A case occurred in, France of a Mr. Cassado, a
Spaniard, who had taken refuge in Bayonne. Upon an application made to the
French government, he was delivered to the Spanish consul who had authority
to take him to Spain, and while in the act of removing him with the
assistance of French officers, a creditor obtained an execution against his
person, and made an attempt to execute it and retain Cassado in France, but
the council of state, (conseil d'etat) on appeal, decided that the courts
could not interfere, and directed Cassado to be delivered to the Spanish
authorities. Morrin, Dict. du Dr. Crim. h.v.
, giving back
, mutual transfer
, passing over
, sending back
, transfer of property
, transmigration of souls