§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 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, §301(a)(3), Oct. 17, 1968, 82 Stat. 1115 .)

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.

Amendments

1968-Pub. L. 90–578 substituted "magistrate" for "commissioner".

Change of Name

Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge 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.

Federal Rules of Criminal Procedure

Witness fees for indigent defendants, generally, see rule 17, Appendix to this title.

Section Referred to in Other Sections

This section is referred to in section 4114 of this title.