PRIA, Government Policy, Made Personal

Summary

A consul general, consul, or other consular or commercial officer of a foreign country may ask a U.S. court of record, a judge, or a U.S. magistrate judge to act when a ship crew member causes trouble covered by section 256. The request must be in writing, sealed with the officer’s official seal, briefly say what happened and when and where, include a certified copy of the ship’s articles or roll showing the person is crew, state the person has left or may leave the master’s control or has refused or may refuse to obey consular authority, and say the person is believed not to be a U.S. citizen. The court, judge, or magistrate must then issue a warrant for that person’s arrest. The warrant goes to the U.S. marshal for the district or to a U.S. citizen specially appointed to make the arrest, and orders the person to be brought in for examination at a set time and place.

Title 22, §257

Foreign Relations and Intercourse, Source: USLM XML via OLRC

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in question is of the crew or ship’s company of such vessel; and further stating and certifying that such person has withdrawn himself, or is believed to be about to withdraw himself, from the control and discipline of the master and officers of the vessel or that he has refused, or is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.

Notes & Related Subsidiaries

Editorial Notes

Codification R.S. § 4080 derived from act June 11, 1864, ch. 116, § 2, 13 Stat. 121.

Statutory Notes and Related Subsidiaries

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 (§ 631 et seq.) of Title 28. Acts Applicable to Commissioners of Circuit Court Also Applicable to United States CommissionersAct 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.

§257 Arrest of Seamen; Procedure Generally