42 U.S.C. § 1987: Prosecution of violation of…

Summary

Federal prosecutors, U.S. marshals, deputy marshals, magistrate judges who can arrest, jail, or set bail, and any officer the President gives special power must, at the United States’ expense, start prosecutions against people who violate section 1990 or Revised Statutes 5506–5516 and 5518–5532. They must arrest those people and hold them in jail or release them on bail so they can be tried in the United States or territorial court that has the case.

Title 42, §1987

The Public Health and Welfare, Source: USLM XML via OLRC

The United States attorneys, marshals, and deputy marshals, the United States magistrate judges appointed by the district and territorial courts, with power to arrest, imprison, or bail offenders, and every other officer who is especially empowered by the President, are authorized and required, at the expense of the United States, to institute prosecutions against all persons violating any of the provisions of section 1990 of this title or of sections 5506 to 5516 and 5518 to 5532 of the Revised Statutes, and to cause such persons to be arrested, and imprisoned or bailed, for trial before the court of the United States or the territorial court having cognizance of the offense.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Sections 5506 to 5510, 5516 to 5519 and 5524 to 5535 of the Revised Statutes, referred to in text, were repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153; section 5506, 5511 to 5515, and 5520 to 5523, also referred to in text, were repealed by act Feb. 8, 1894, ch. 25, § 1, 28 Stat. 37. The provisions of section 5508, 5510, 5516, 5518 and 5524 to 5532 of the Revised Statutes were reenacted by act Mar. 4, 1909, and classified to section 51, 52, 54 to 59, 246, 428 and 443 to 445 of former Title 18, Criminal Code and Criminal Procedure. Those sections were repealed and reenacted as section 241, 242, 372, 592, 593, 752, 1071, 1581, 1583 and 1588 of Title 18, Crimes and Criminal Procedure, in the general revision of Title 18 by act

June 25, 1948, ch. 645, 62 Stat. 683. Codification R.S. § 1982 derived from acts Apr. 9, 1866, ch. 31, § 4, 14 Stat. 28;

May 31, 1870, Ch. 114, § 9, 16 Stat. 142. Section was formerly classified to section 49 of Title 8, Aliens and Nationality.

Statutory Notes and Related Subsidiaries

Change of Name

Act June 25, 1948, eff. Sept. 1, 1948, substituted “United States attorneys” for “district attorneys”. See section 541 of Title 28, Judiciary and Judicial Procedure, and

Historical and Revision Notes

thereunder. “United States magistrate judges” substituted in text for “magistrates” pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28. Previously, “magistrates” substituted for “commissioners” pursuant to Pub. L. 90–578. See chapter 43 (§ 631 et seq.) of Title 28. Reference to the district courts substituted for reference to the circuit courts on authority of act Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167.

§1987 Prosecution of Violation of Certain Laws