Public Law 119-83 (04/13/2026)

22 U.S.C. § 257

Arrest of seamen; procedure generally

section 256 of this titleIn all cases within the purview of 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in question is of the crew or ship’s company of such vessel; and further stating and certifying that such person has withdrawn himself, or is believed to be about to withdraw himself, from the control and discipline of the master and officers of the vessel or that he has refused, or is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.

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)82 Stat. 1118 Pub. L. 101–650, title III, § 321104 Stat. 5117 (R.S. § 4080; , ; , ; , , ; , , .)

Editorial Notes

Codification

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

Statutory Notes and Related Subsidiaries

Change of Name

Act , abolished the circuit court and required the district court to appoint persons to be known as United States commissioners.

section 321 of Pub. L. 101–650section 631 of Title 28Pub. L. 90–578“United States magistrate judge” and “magistrate judge” substituted in text for “United States magistrate” and “magistrate”, respectively, pursuant to , set out as a note under , Judiciary and Judicial Procedure. Previously, “magistrate” substituted for “commissioner” pursuant to . See chapter 43 (§ 631 et seq.) of Title 28.

Acts Applicable to Commissioners of Circuit Court Also Applicable to United States Commissioners

Act , 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.