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22 U.S.C. § 257Arrest of seamen; procedure generally

submitted 130 years ago by Pub. L. 90-578 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 293 words · no verdicts yet

in plain englishAI-generated · not legal advice

A foreign consul can ask a U.S. court to arrest a crew member from that consul's country. The consul must show the sailor is leaving the crew, or defying the consul's authority. The consul must also certify the sailor is not a U.S. citizen. If the application is proper, the court must issue an arrest warrant.

If a dispute or disorder covered by section 256 comes up, the foreign consul, vice consul, or other consular or commercial officer in charge can apply to any U.S. court of record, judge, or magistrate judge. The application must be in writing, sealed with the consular office's official seal, and must: describe the dispute and when and where it happened; attach a certified copy of the ship's articles or roster proving the person is part of that vessel's crew; state that the person has left, or is about to leave, the crew, or has refused, or is about to refuse, to obey the consular authority; and certify that, to the officer's best knowledge, the person is not a U.S. citizen. Once that application is filed, the court, judge, or magistrate judge must issue a warrant for the person's arrest, addressed to a U.S. marshal or, at the court's discretion, to any U.S. citizen specially deputized for the job. The warrant requires bringing the person before the court at a set time and place for examination.
the actual law source: uscode.house.gov ↗public domain

In all cases within the purview of section 256 of this title the consul general, consul, or other consular or commercial authority of such foreign nation charged with the appropriate duty in the particular case, may make application to any court of record of the United States, or to any judge thereof, or to any United States magistrate judge, setting forth that such controversy, difficulty, or disorder has arisen, briefly stating the nature thereof, and when and where the same occurred, and exhibiting a certified copy or extract of the shipping articles, roll, or other proper paper of the vessel, to the effect that the person in question is of the crew or ship’s company of such vessel; and further stating and certifying that such person has withdrawn himself, or is believed to be about to withdraw himself, from the control and discipline of the master and officers of the vessel or that he has refused, or is about to refuse, to submit to and obey the lawful jurisdiction of such consular or commercial authority in the premises; and further stating and certifying that, to the best of the knowledge and belief of the officer certifying, such person is not a citizen of the United States. Such application shall be in writing and duly authenticated by the consular or other sufficient official seal. Thereupon such court, judge, or magistrate judge shall issue his warrant for the arrest of the person so complained of, directed to the marshal of the United States for the appropriate district, or in his discretion to any person, being a citizen of the United States, whom he may specially depute for the purpose, requiring such person to be brought before him for examination at a certain time and place.

Source credit: (R.S. § 4080; May 28, 1896, ch. 252, § 19, 29 Stat. 184; Mar. 2, 1901, ch. 814, 31 Stat. 956; Pub. L. 90–578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)

history & why it existsrecord from the source credit
  • 1896Enacted · Act of May 28, 1896, ch. 252 · 29 Stat. 184
  • 1901Amended · Act of Mar. 2, 1901, ch. 814 · 31 Stat. 956
  • 1968Amended · Pub. L. 90-578 · 82 Stat. 1118
  • 1990Amended · Pub. L. 101-650 · 104 Stat. 5117

A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-578 on 1896-05-28.

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