The Constitutional Law of the United States of America

Cover The Constitutional Law of the United States of America
The Constitutional Law of the United States of America
H Hermann Von Holst
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1 This is also true when the necessary formalities, such as due serv- ice of process, were not observed, provided the judgment is in per- vonam. Service by publication is sufficient, however, to warrant a judgment in rem if the property concerned is within the jurisdic- tion of the court. On the other hand, no one is bound to pay any attention to a personal summons served in one state directing him to appear before a court in another state. THE FEDERAL CONSTITUTION. 245 82. EXTRADITION OF FUGIT...IVE CRIMINALS. " A person charged in any state with treason, felony or other crime, who shall flee from justice and be found in another state, shall, on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime" (art. IV. , sec. 2, 2). The duty of extradition is absolute. If a requisi- tion is made, it must be obeyed, provided the three follow- ing conditions are fulfilled : 1. The demand must be in the required form; 2, the charge must have been made in the manner prescribed by law before a court of com- petent jurisdiction; 3, the defendant must have saved himself from criminal prosecution by flight, that is, he must have departed from the state requiring his extradi- tion.

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