Report of Fordham University School of Law on Uniform Wavier of Extradition Act V. 1

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1 Report of Fordham University School of Law on Uniform Wavier of Extradition Act 1 (1935)

handle is hein.agopinions/rfusl0001 and id is 1 raw text is:

UNIFORM WAIVER OF EXTRADITION ACT

REPORT OF FORDHAM UNIVERSITY SCHOOL OF LAW

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UNIFORM WAIVER OF EXTRADITION ACT

To the Interstate Commission on Crime:

Submitted herewith is a tentative draft of a Uniform Waiver of

Extradition Act proposed for final approval at the Conference of the

Interstate Commission on Crime held at New York City, November 30

and December 2, 1935.

Principles

The principles upon which is based the tentative draft of a

Uniform Waiver of Extradition Act are as follows:

1. That, with one exception, waiver of extradition proeeed-

ings should be had only upon a written consent subscribed

by the demanded person.

2. That the waiver should be executed before a judge of a

court of record, except in the case of implied waiver.

3. That the police authorities of the state of asylum should

be notified of the fact that a person wanted for crime in

another state proposes to waive extradition and leave the

state of asylum, so that it may be determined before such

person is surrendered to the demanding state whether or

not he is wanted to answer for a crime committed within

the state of asylum.

4. That the agents of the demanding state should be furnished

with authority to take into custody a person who has

waived extradition and lawfully remove him from the

state of asylum.