or the agent of such authority appointed to receive the fugitive, and shall cause the fugitive to be delivered to such agent when he shall appear. If no such agent appears within thirty days from the time of the arrest, the prisoner may be discharged. (June 25, 1948, ch. 645, § 1, 62 Stat. 822.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 662 (R. S. § 5278).

Last sentence as to costs and expenses to be paid by the demanding authority was incorporated in section 3195 of this title.

Word "District" was inserted twice to make section equally applicable to fugitives found in the District of Columbia.

"Thirty days" was substituted for "six months" since, in view of modern conditions, the smaller time is ample for the demanding authority to act.

Minor changes were made in phraseology.

CROSS REFERENCES

Constitutional provision enforced by this section, see Const. Art. 4, § 2, cl. 2.

Juvenile delinquents, surrender to State authorities, see section 5001 of this title.

Resistance to extradition agent, see section 1502 of this title.

§ 3183. Fugitives from State, Territory, or Possession into extraterritorial jurisdiction of United States. Whenever the executive authority of any State, Territory, District, or possession of the United States or the Panama Canal Zone, demands any American citizen or national as a fugitive from justice who has fled to a country in which the United States exercises extraterritorial jurisdiction, and produces a copy of an indictment found or an affidavit made before a magistrate of the demanding jurisdiction, charging the fugitive so demanded with having committed treason, felony, or other offense, certified as authentic by the Governor or chief magistrate of such demanding jurisdiction, or other person authorized to act, the officer or representative of the United States vested with judicial authority to whom the demand has been made shall cause such fugitive to be arrested and secured, and notify the executive authorities making such demand, or the agent of such authority appointed to receive the fugitive, and shall cause the fugitive to be delivered to such agent when he shall appear.

If no such agent shall appear within three months from the time of the arrest, the prisoner may be discharged.

The agent who receives the fugitive into his custody shall be empowered to transport him to the jurisdiction from which he has fled. (June 25, 1948, ch. 645, § 1, 62 Stat. 822.)

LEGISLATIVE HISTORY

Reviser's Note. Based on title 18, U. S. C., 1940 ed., § 662c (Mar. 22, 1934, ch. 73, § 2, 48 Stat. 455).

Said section 662c was incorporated in this section and sections 752 and 3195 of this title.

Provision as to costs or expenses to be paid by the demanding authority were incorporated in section 3196 of this title.

Reference to the Philippine Islands was deleted as obsolete in view of the independence of the Commonwealth of the Philippines effective July 4, 1946.

The attention of Congress is directed to the probability that this section may be of little, if any, possible use in view of present world conditions.

Minor changes were made in phraseology.

CROSS REFERENCES

Provisional arrest, obtained by telegraph, see section 3187 of this title.

§ 3184. Fugitives from foreign country to United States.

Whenever there is a treaty or convention for extradition between the United States and any foreign government, any justice or judge of the United States, or any commissioner authorized so to do by a court of the United States, or any judge of a court of record of general jurisdiction of any State, may, upon complaint made under oath, charging any person found within his jurisdiction, with having committed within the jurisdiction of any such foreign government any of the crimes provided for by such treaty or convention, issue his warrant for the apprehension of the person so charged, that he may be brought before such justice, judge, or commissioner, to the end that the evidence of criminality may be heard and considered. If, on such hearing, he deems the evidence sufficient to sustain the charge under the provisions of the proper treaty or convention, he shall certify the same, together with a copy of all the testimony taken before him, to the Secretary of State, that a warrant may issue upon the requisition of the proper authorities of such foreign government, for the surrender of such person, according to the stipulations of the treaty or convention; and he shall issue his warrant for the commitment of the person so charged to the proper jail, there to remain until such surrender shall be made. (June 25, 1948, ch. 645, § 1, 62 Stat. 822.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 651 (R. S. § 5270; June 6, 1900, ch. 793, 31 Stat. 656). Minor changes of phraseology were made.

CROSS REFERENCES

Arrest, power of courts and magistrates, see section 3041 of this title.

§ 3185. Fugitives from country under control of United States into the United States.

Whenever any foreign country or territory, or any part thereof, is occupied by or under the control of the United States, any person who, having violated the criminal laws in force therein by the commission of any of the offenses enumerated below, departs or flees from justice therein to the United States, shall, when found therein, be liable to arrest and detention by the authorities of the United States, and on the written request or requisition of the military governor or other chief executive officer in control of such foreign country or territory shall be returned and surrendered as hereinafter provided to such authorities for trial under the laws in force in the place where such offense was committed.

(1) Murder and assault with intent to commit murder;

(2) Counterfeiting or altering money, or uttering or bringing into circulation counterfeit or altered money;

(3) Counterfeiting certificates or coupons of lic indebtedness, bank notes, or other instrumer public credit, and the utterance or ef same;

(4) Forgery or altering and uttering what is forged or altered;

(5) Embezzlement or criminal malversation of the public funds, committed by public officers, employees, or depositaries;

(6) Larceny or embezzlement of an amount not less than $100 in value;

(7) Robbery;

(8) Burglary, defined to be the breaking and entering by nighttime into the house of another person with intent to commit a felony therein;

(9) Breaking and entering the house or building of another, whether in the day or nighttime, with the intent to commit a felony therein;

(10) Entering, or breaking and entering the offices of the Government and public authorities, or the offices of banks, banking houses, savings banks, trust companies, insurance or other companies, with the intent to commit a felony therein;

(11) Perjury or the subornation of perjury; (12) Rape;

(13) Arson;

(14) Piracy by the law of nations;

(15) Murder, assault with intent to kill, and manslaughter, committed on the high seas, on board a ship owned by or in control of citizens or residents of such foreign country or territory and not under the flag of the United States, or of some other government;

(16) Malicious destruction of or attempt to destroy railways, trams, vessels, bridges, dwellings, public edifices, or other buildings, when the act endangers human life.

This chapter, so far as applicable, shall govern proceedings authorized by this section. Such proceedings shall be had before a judge of the courts of the United States only, who shall hold such person on evidence establishing probable cause that he is guilty of the offense charged.

No return or surrender shall be made of any person charged with the commission of any offense of a political nature.

If so held, such person shall be returned and surrendered to the authorities in control of such foreign country or territory on the order of the Secretary of State of the United States, and such authorities shall secure to such a person a fair and impartial trial. (June 25, 1948, ch. 645, § 1, 62 Stat. 823; May 24, 1949, ch. 139, § 49, 63 Stat. 96.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 652 (R. S. § 5270; June 6, 1900, ch. 793, 31 Stat. 656). Reference to territory of the United States and the District of Columbia was omitted as covered by definitive section 5 of this title.

Changes were made in phraseology and arrangement.

AMENDMENTS

1949-Subds. (2) and (3) amended by act May 24, 1949 to transfer from subd. (2) to subd. (3) the words "indebtedness, bank notes, or other instruments of public".

CROSS REFERENCES

Extradition of fugitives from justice, see section 3042 of this title.

§ 3186. Secretary of State to surrender fugitive. The Secretary of State may order the person committed under sections 3184 or 3185 of this title to be delivered to any authorized agent of such foreign government, to be tried for the offense of which charged.

Such agent may hold such person in custody, and take him to the territory of such foreign government, pursuant to such treaty.

A person so accused who escapes may be retaken in the same manner as any person accused of any offense. (June 25, 1948, ch. 645, § 1, 62 Stat. 824.) LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 653 (R. S. § 5272).

Changes were made in phraseology and surplusage was deleted.

§ 3187. Provisional arrest and detention within extraterritorial jurisdiction.

The provisional arrest and detention of a fugitive, under sections 3042 and 3183 of this title, in advance of the presentation of formal proofs, may be obtained by telegraph upon the request of the authority competent to request the surrender of such fugitive addressed to the authority competent to grant such surrender. Such request shall be accompanied by an express statement that a warrant for the fugitive's arrest has been issued within the jurisdiction of the authority making such request charging the fugitive with the commission of the crime for which his extradition is sought to be obtained.

No person shall be held in custody under telegraphic request by virtue of this section for more than ninety days. (June 25, 1948, ch. 645, § 1, 62 Stat. 824.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 662d (Mar. 22, 1934, ch. 73, § 3, 48 Stat. 455). Provision for expense to be borne by the demanding authority is incorporated in section 3195 of this title. Changes were made in phraseology and arrangement.

§ 3188. Time of commitment pending extradition.

Whenever any person who is committed for rendition to a foreign government 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, 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, may order the person so committed to be discharged out of custody, unless sufficient cause is shown to such judge why such discharge ought not to be ordered. (June 25, 1948, ch. 645, § 1, 62 Stat. 824.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 654 (R. S. § 5273).

Changes in phraseology only were made.

§ 3189. Place and character of hearing.

Hearings in cases of extradition under treaty stipulation or convention shall be held on land, publicly, and in a room or office easily accessible to the public. (June 25, 1948, ch. 645, § 1, 62 Stat. 824.) LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 657 (Aug. 3, 1882, ch. 378, § 1, 22 Stat. 215). First word "All" was omitted as unnecessary.

§ 3190. Evidence on hearing.

Depositions, warrants, or other papers or copies thereof offered in evidence upon the hearing of any extradition case shall be received and admitted as evidence on such hearing for all the purposes of such hearing if they shall be properly and legally authenticated so as to entitle them to be received for similar purposes by the tribunals of the foreign country from which the accused party shall have escaped, and the certificate of the principal diplomatic or consular officer of the United States resident in such foreign country shall be proof that the same, so offered, are authenticated in the manner required. (June 25, 1948, ch. 645, § 1, 62 Stat. 824.) LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 655 (R. S. § 5271; Aug. 3, 1882, ch. 378, § 5, 22 Stat. 216). Unnecessary words were deleted.

§ 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 commissioner 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, § 1, 62 Stat. 825.) LEGISLATIVE HISTORY

Reviser's Note.-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.

FEDERAL RULES OF CRIMINAL PROCEDURE Witness fees for indigent defendants, generally, see rule 17 following section 3771 of this title.

§ 3192. Protection of accused.

Whenever any person is delivered by any foreign government to an agent of the United States, for the purpose of being brought within the United States and tried for any offense of which he is duly accused, the President shall have power to take all necessary measures for the transportation and safekeeping of such accused person, and for his security against lawless violence, until the final conclusion of his trial for the offenses specified in the warrant of extradition, and until his final discharge from custody or imprisonment for or on account of such offenses, and for a reasonable time thereafter, and may em24626°-53-vol. 2--58

ploy such portion of the land or naval forces of the United States, or of the militia thereof, as may be necessary for the safe-keeping and protection of the accused. (June 25, 1948, ch. 645, § 1, 62 Stat. 825.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 659 (R. S. § 5275).

Words "crimes or" before "offenses" were omitted as unnecessary.

§ 3193. Receiving agent's authority over offenders.

A duly appointed agent to receive, in behalf of the United States, the delivery, by a foreign government, of any person accused of crime committed within the United States, and to convey him to the place of his trial, shall have all the powers of a marshal of the United States, in the several districts through which it may be necessary for him to pass with such prisoner, so far as such power is requisite for the prisoner's safe-keeping. (June 25, 1948, ch. 645, § 1, 62 Stat. 825.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 660 (R. S. § 5276).

Words "jurisdiction of the" were omitted in view of the definition of United States in section 5 of this title. Minor changes only were made in phraseology.

CROSS REFERENCES

Extradition agent's powers, see section 3051 of this

title.

Powers of United States marshals, see section 3053 of this title.

United States marshals generally, see section 541 et seq. of Title 28, Judiciary and Judicial Procedure. §3194. Transportation of fugitive by receiving agent.

Any agent appointed as provided in section 3182 of this title who receives the fugitive into his custody is empowered to transport him to the State or Territory from which he has fled. (June 25, 1948, ch. 645, § 1, 62 Stat. 825.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 663 (R. S. § 5279).

Last sentence of said section 663, relating to rescue of such fugitive, was omitted as covered by section 752 of this title, the punishment provision of which is based on later statutes. (See reviser's note under that section.) Minor changes were made in phraseology.

§3195. Payment of fees and costs.

All costs or expenses incurred in any extradition proceeding in apprehending, securing, and transmitting a fugitive shall be paid by the demanding authority.

All witness fees and costs of every nature in cases of international extradition, including the fees of the commissioner, shall be certified by the judge or commissioner before whom the hearing shall take place to the Secretary of State of the United States, and the same shall be paid out of appropriations to defray the expenses of the judiciary or the Department of Justice as the case may be.

The Attorney General shall certify to the Secretary of State the amounts to be paid to the United States on account of said fees and costs in extradition cases by the foreign government requesting the extradition, and the Secretary of State shall cause said amounts to be collected and transmitted to the

Attorney General for deposit in the Treasury of the United States. (June 25, 1948, ch. 645, § 1, 62 Stat. 825.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., §§ 662, 662c, 662d, 668 (R. S. § 5278; Aug. 3, 1882, ch. 378, § 4, 22 Stat. 216; June 28, 1902, ch. 1301, § 1, 32 Stat. 475; Mar. 22, 1934, ch. 73, §§ 2, 3, 48 Stat. 455).

First paragraph of this section consolidates provisions as to costs and expenses from said sections 662, 662c, and 662d.

Minor changes were made in phraseology and surplusage was omitted.

Remaining provisions of said sections 662, 662c, and 662d of title 18, U. S. C., 1940 ed., are incorporated in sections 752, 3182, 3183, and 3187 of this title.

The words "or the Department of Justice as the case may be" were added at the end of the second paragraph in conformity with the appropriation acts of recent years. See for example act July 5, 1946, ch. 541, title II, 60 Stat. 460.

3231. District courts.

3232. District of offense-Rule.

3233. Transfer within district-Rule.

3234. Change of venue to another district-Rule.

3235. Venue in capital cases.

3236. Murder or manslaughter.

3237. Offenses begun in one district and completed in another.

3238. Offenses not committed in any district.

3239. Threatening communications.

3240. Creation of new district or division.

3241. Jurisdiction of offenses under certain sections.

3242. Indians committing certain offenses; acts on reservations.

3243. Jurisdiction of State of Kansas over offenses committed by or against Indians on Indian reservations.

§ 3231. District courts.

The district courts of the United States shall have original jurisdiction, exclusive of the courts of the States, of all offenses against the laws of the United States.

Nothing in this title shall be held to take away or impair the jurisdiction of the courts of the several States under the laws thereof. (June 25, 1948, ch. 645, § 1, 62 Stat. 826.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on section 588d of title 12, U. S. C., 1940 ed.. Banks and Banking; title 18. U. S. C.. 1940 ed., §§ 546, 547 (Mar. 4, 1909, ch. 321, §§ 326, 340, 35 Stat. 1151, 1153; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; May 18, 1934, ch. 304, § 4, 48 Stat. 783).

This section was formed by combining sections 546 and 547 of title 18, U. S. C., 1940 ed., with section 588d of title 12, U. S. C., Banks and Banking, with no change of substance.

The language of said section 588d of title 12, U. S. C., 1940 ed., which related to bank robbery, or killing or kidnapping as an incident thereto (see section 2113, of this title), and which read “Jurisdiction over any offense defined by sections 588b and 588c of this title shall not be reserved exclusively to courts of the United States" was omitted as adequately covered by this section.

SENATE REVISION AMENDMENT

The text of this section was changed by Senate amendment. See Senate Report No. 1620, amendment No. 10, 80th Cong.

CROSS REFERENCES Civil jurisdiction of Federal courts, see section 1831 et seq. of Title 28, Judiciary and Judicial Procedure. Consular courts, jurisdiction and procedure, see section 141 et seq. of Title 22, Foreign Relations and Intercourse. Exclusive jurisdiction of Federal crimes, see sections 1251, 1333, 1334, 1338, 1351, 1355, 1356 of Title 28, Judiciary and Judicial Procedure.

Jurisdiction of juvenile delinquents, see section 5033 of this title.

Jurisdiction over felonies in Yellowstone National Park, see section 3402 of this title, and section 131 of Title 28, Judiciary and Judicial Procedure.

Special maritime and territorial jurisdiction of the United States, see section 7 of this title.

United States commissioners, jurisdiction to try petty offenses, see section 3401 of this title.

§ 3232. District of offense-(rule).

SEE FEDERAL RULES OF CRIMINAL PROCEDURE Proceedings to be in district and division in which offense committed, Rule 18.

(June 25, 1948, ch. 645, § 1, 62 Stat. 826.) §3233. Transfer within district-(rule).

SEE FEDERAL RULES OF CRIMINAL PROCEDURE Arraignment, plea, trial, sentence in district of more than one division, Rule 19.

(June 25, 1948, ch. 645, § 1, 62 Stat. 826.)

CROSS REFERENCES

Districts containing more than one division; venue, see sections 1393 and 1441 of Title 28, Judiciary and Judicial Procedure.

FEDERAL RULES OF CRIMINAL PROCEDURE Time of motion to transfer, see rule 22, following section 3771 of this title.

Transfer from the district or division, see rule 21.

§ 3234. Change of venue to another district-(rule). SEE FEDERAL RULES OF CRIMINAL PROCEDURE Plea or disposal of case in district other than that in which defendant was arrested, Rule 20.

(June 25, 1948, ch. 645, § 1, 62 Stat. 826.)

FEDERAL RULES OF CRIMINAL PROCEDURE Time of motion to transfer, see rule 22, following section 3771 of this title.

Transfer from the district or division for trial, see rule 21.

§ 3235. Venue in capital cases.

The trial of offenses punishable with death shall be had in the county where the offense was committed, where that can be done without great inconvenience. (June 25, 1948, ch. 645, § 1, 62 Stat. 826.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on section 101 of title 28, U. S. C., 1940 ed., Judicial Code and Judiciary (Mar. 3, 1911, ch. 231, § 40, 36 Stat. 1100).

CROSS REFERENCES

Change of venue in civil actions, see section 1404 of Title 28, Judiciary and Judicial Procedure.

FEDERAL RULES OF CRIMINAL PROCEDURE Venue of criminal prosecutions, see rule 18 et seq. following section 3771 of this title.

§ 3236. Murder or manslaughter.

In all cases of murder or manslaughter, the offense shall be deemed to have been committed at the place where the injury was inflicted, or the poison administered or other means employed which

caused the death, without regard to the place where the death occurs. (June 25, 1948, ch. 645, § 1, 62 Stat. 826.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 553 (Mar. 4, 1909, ch. 321, § 336, 35 Stat. 1152).

§ 3237. Offenses begun in one district and completed in another.

Except as otherwise expressly provided by enactment of Congress, any offense against the United States begun in one district and completed in another, or committed in more than one district, may be inquired of and prosecuted in any district in which such offense was begun, continued, or completed.

Any offense involving the use of the mails, or transportation in interstate or foreign commerce, is a continuing offense and, except as otherwise expressly provided by enactment of Congress, may be inquired of and prosecuted in any district from, through, or into which such commerce or mail matter moves. (June 25, 1948, ch. 645, § 1, 62 Stat. 826.) LEGISLATIVE HISTORY

Reviser's Note.-Based on section 103 of title 28, U. S. C., 1940 ed., Judicial Code and Judiciary (Mar. 3, 1911, ch. 231, § 42, 36 Stat. 1100).

Section was completely rewritten to clarify legislative intent and in order to omit special venue provisions from many sections.

The phrase "committed in more than one district" may be comprehensive enough to include "begun in one district and completed in another”, but the use of both expressions precludes any doubt as to legislative intent. Rules 18-22 of the Federal Rules of Criminal Procedure are in accord with this section.

The last paragraph of the revised section was added to meet the situation created by the decision of the Supreme Court of the United States in United States v. Johnson, 1944, 65 S. Ct. 249, 89 L. Ed. 236, which turned on the absence of a special venue provision in the Dentures Act, section 1821 of this revision. The revised section removes all doubt as to the venue of continuing offenses and makes unnecessary special venue provisions except in cases where Congress desires to restrict the prosecution of offenses to particular districts as in section 1073 of this revision. FEDERAL RULES OF CRIMINAL PROCEDURE Venue of criminal prosecutions, see rule 18 et seq. following section 3771 of this title.

§ 3238. Offenses not committed in any district.

The trial of all offenses begun or committed upon the high seas, or elsewhere out of the jurisdiction of any particular State or district, shall be in the district where the offender is found, or into which he is first brought. (June 25, 1948, ch. 645, § 1, 62 Stat. 826.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on section 102 of title 28, U. S. C., 1940 ed., Judicial Code and Judiciary (Mar. 3, 1911, ch. 231, § 41, 36 Stat. 1100).

Words "begun or" were inserted to clarify scope of this section and section 3237 of this title.

This section is similar to section 219 of title 22, U. S. C., 1940 ed., Foreign Relations and Intercourse, providing in part that unlawful issuance of passports may be prosecuted in the district where the offender may be arrested or in custody. Said provision is therefore omitted as covered by this section. The remaining provisions of said section 219 are incorporated in section 1541 of this title.

CROSS REFERENCES

Venue of prosecution of offenses relating to fur seals and sea otters in Pacific Ocean, see section 639 of Title 16, Conservation.

§ 3239. Threatening communications.

Any defendant indicted under sections 875, 876 or 877 of this title, with respect to communications originating in the United States, shall, upon motion duly made, be entitled as of right to be tried in the district in which the matter mailed or otherwise transmitted was first set in motion, in the mails or in commerce between the States. (June 25, 1948, ch. 645, § 1, 62 Stat. 827.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., §§ 338a, 338b, 408d (July 8, 1932, ch. 464, §§ 1, 2, 47 Stat. 649; May 18, 1934, ch. 300, 48 Stat. 781; June 28, 1935, ch. 326, 49 Stat. 427; May 15, 1939, ch. 133, §§ 1, 2, 53 Stat. 742-744).

Sections 338a, 338b, and 408d of title 18, U. S. C., 1940 ed., were each incorporated in this section and sections 875, 876, and 877 of this title and the parts consolidated with necessary changes of phraseology only.

§ 3240. Creation of new district or division.

Whenever any new district or division is established, or any county or territory is transferred from one district or division to another district or division, prosecutions for offenses committed within such district, division, county, or territory prior to such transfer, shall be commenced and proceeded with the same as if such new district or division had not been created, or such county or territory had not been transferred, unless the court, upon the application of the defendant, shall order the case to be removed to the new district or division for trial. (June 25, 1948, ch. 645, § 1, 62 Stat. 827; May 24, 1949, ch. 139, § 50, 63 Stat. 96.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on section 121 of title 28, U. S. C., 1940 ed., Judicial Code and Judiciary (Mar. 3, 1911, ch. 231, § 59, 36 Stat. 1103).

Section 121 of title 28, U. S. C., 1940 ed., Judicial Code and Judiciary, was divided into two sections. Only the portion relating to venue in civil cases was left in title 28, U. S. C., 1940 ed., Judicial Code and Judiciary. Minor changes of phraseology were made.

AMENDMENTS

1949-Act May 24, 1949 amended section by striking out former second sentence reading "The transfer of such prosecutions shall be made in the manner provided in section 119 of Title 28" as surplusage.

FEDERAL RULES OF CRIMINAL PROCEDURE Venue of criminal prosecutions, see rule 18 et seq. following section 3771 of this title.

§ 3241. Jurisdiction of offenses under certain sections. The District Court for the Territory of Alaska, the United States District Court for the Canal Zone and the District Court of the Virgin Islands shall have jurisdiction of offenses under the laws of the United States, not locally inapplicable, committed within the territorial jurisdiction of such courts, and jurisdiction, concurrently with the district courts of the United States, of offenses against the laws of the United States committed upon the high seas. (June 25, 1948, ch. 645, § 1, 62 Stat. 827.)