§ 257. — Arrest of seamen; procedure generally.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC257]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 6--FOREIGN DIPLOMATIC AND CONSULAR OFFICERS
Sec. 257. Arrest of seamen; procedure generally
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and further stating and certifying that such person has withdrawn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.
(R.S. Sec. 4080; May 28, 1896, ch. 252, Sec. 19, 29 Stat. 184; Mar. 2,
1901, ch. 814, 31 Stat. 956; Pub. L. 90-578, title IV, Sec. 402(b)(2),
Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101-650, title III, Sec. 321, Dec.
1, 1990, 104 Stat. 5117.)
Codification
R.S. Sec. 4080 derived from act June 11, 1864, ch. 116, Sec. 2, 13
Stat. 121.
Act Mar. 2, 1901, provided in part that all acts or parts of acts
applicable to commissioners of the circuit court, except as to
appointment and fees, shall be applicable to United States
commissioners.
Change of Name
Act May 28, 1896, abolished the circuit court and required the
district court to appoint persons to be known as United States
commissioners.
``United States magistrate judge'' and ``magistrate judge''
substituted in text for ``United States magistrate'' and ``magistrate'',
respectively, pursuant to section 321 of Pub. L. 101-650, set out as a
note under section 631 of Title 28, Judiciary and Judicial Procedure.
Previously, ``magistrate'' substituted for ``commissioner'' pursuant to
Pub. L. 90-578. See chapter 43 (Sec. 631 et seq.) of Title 28.
Section Referred to in Other Sections
This section is referred to in sections 256, 258 of this title.
