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U.S. Code as of:
01/19/04
Section 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certifying that such person has withdrawn himself, or is believed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.
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