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. 64562 Stat. 825Pub. L. 90–578, title III, § 301(a)(3)82 Stat. 1115Pub. L. 101–650, title III, § 321104 Stat. 5117(, ; , , ; , , .)
Historical and Revision Notes
Aug. 3, 1882, ch. 378, § 322 Stat. 215Based on title 18, U.S.C., 1940 ed., § 656 (, ).
Words “that similar” after “manner” were omitted as unnecessary.
Editorial Notes
Amendments
Pub. L. 90–5781968— substituted “magistrate” for “commissioner”.
Statutory Notes and Related Subsidiaries
Change of Name
section 321 of Pub. L. 101–650section 631 of Title 28Words “magistrate judge” substituted for “magistrate” in text pursuant to , set out as a note under , Judiciary and Judicial Procedure.
Effective Date of 1968 Amendment
Pub. L. 90–578Pub. L. 90–578section 403 of Pub. L. 90–578section 631 of Title 28Amendment by effective , 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 on , see , set out as a note under , Judiciary and Judicial Procedure.