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22 U.S.C. § 258aEnforcement of awards of foreign consuls

submitted 115 years ago by ch. 231 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 299 words · no verdicts yet

in plain englishAI-generated · not legal advice

U.S. district courts and magistrate judges can enforce arbitration decisions made by foreign consuls. This applies to disputes between captains and crews of ships from that consul's country. Courts can jail people to force compliance, and the foreign government pays the costs.

District courts and U.S. magistrate judges can enforce, exactly as intended, an award, arbitration, or decree that a foreign consul, vice consul, or commercial agent issued while acting as judge or arbitrator over a dispute between the captains and crews of ships from that consul's own nation. The consul, vice consul, or commercial agent must first apply to the court or magistrate judge by petition. The courts and magistrate judges may issue whatever legal process is needed to fully carry out and enforce that award, including jailing someone in a facility where the United States can lawfully hold prisoners, until the person complies with the decree, is otherwise released, or the consular officer (or their successor, or their government) agrees in writing to end the imprisonment. The foreign government, or its consular officer, must pay the costs of that imprisonment, the prisoners' upkeep, and the legal proceedings. U.S. marshals must serve all related legal papers and do whatever else is needed to carry this out, under the courts' and magistrate judges' authority.
the actual law source: uscode.house.gov ↗public domain

The district courts and the United States magistrate judges shall have power to carry into effect, according to the true intent and meaning thereof, the award or arbitration or decree of any consul, vice consul or commercial agent of any foreign nation, made or rendered by virtue of authority conferred on him as such consul, vice consul, or commercial agent, to sit as judge or arbitrator in such differences as may arise between the captains and crews of the vessels belonging to the nation whose interests are committed to his charge, application for the exercise of such power being first made to such court or magistrate judge, by petition of such consul, vice consul, or commercial agent. And said courts and magistrate judges may issue all proper remedial process, mesne and final, to carry into full effect such award, arbitration, or decree, and to enforce obedience thereto by imprisonment in the jail or other place of confinement in the district in which the United States may lawfully imprison any person arrested under the authority of the United States, until such award, arbitration or decree is complied with, or the parties are otherwise discharged therefrom, by the consent in writing of such consul, vice consul, or commercial agent, or his successor in office, or by the authority of the foreign government appointing such consul, vice consul, or commercial agent. The expenses of the said imprisonment and maintenance of the prisoners, and the cost of the proceedings, shall be borne by such foreign government, or by its consul, vice consul, or commercial agent requiring such imprisonment. The marshals of the United States shall serve all such process, and do all other acts necessary and proper to carry into effect the premises, under the authority of the said courts and magistrate judges.

Source credit: (Mar. 3, 1911, ch. 231, § 271, 36 Stat. 1163; 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
  • 1911Enacted · Act of Mar. 3, 1911, ch. 231 · 36 Stat. 1163
  • 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 ch. 231 on 1911-03-03.

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