File No. 211.63Or5/3.
The Secretary of State to the Ambassador of Austria-Hungary.
Washington, October 26, 1910.
Excellency: Replying to the embassy’s note of October 21 concerning the extradition of Moritz Ormai, and referring to the general subject of extradition, I have the honor to inform you that the statement made in the department’s note of the 18th instant is correct, [Page 79] the two-months’ period within which the accused, in an extradition proceeding, must be conveyed out of the country, being reckoned from the day on which he is committed for extradition by the magistrate. The language of our statute (R. S., 5273) is as follows:
Whenever any person who is committed under this title or any treaty, to remain until delivered up in pursuance of a requisition, is not so delivered up and conveyed out of the United States within two calendar months after such commitment, over and above the time actually required to convey the prisoner from the jail to which he was committed, by the readiest way, out of the United States, it shall be lawful for any judge of the United States, or of any State, upon application made to him by or on behalf of the person so committed, and upon proof made to him that reasonable notice of the intention to make such application has been given to the Secretary of State, to order the person so committed to be discharged out of the custody, unless sufficient cause is shown to such judge why such discharge ought not to be ordered.