, 1864-08-29

ions have been made for the execution of
such treaty by the other contracting party,
and shall have issued hisproclamation to that
effect, declaring this act to be in force as to
such nation.
Sec. 9. And Be IL further enacted, That
in all cases within the purvIew Of this act
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 applica-
ton % any court of record Of the United
States, or any Judge thereof, or to any CON-
missioner appointed under the laws Of the
United States, to take bail, or affidavits, or
for other judicial purposes whatsoever, set
ting forth that such controversy, difficulty,
or disorder has arisen, briefly stating the ma.
turr thereof, and when and where the same
occurred, and exhibiting q certified copy or
extract of the shipping articles, roll, or
other proper paper Of the ship or vessel, to
tho effect that the person in question is Of
the crew or ships company Of such shiPOi
vessel; and further stating and certifying
that such person has withdrawn himself. or
is believed to be about to withdraw him.
self, from the control and discipline Of the
master and officers Of the said ship or yes.
sci, or that be has refused, or is about TO
refuse, to submit to aud obey the lawful
jurisdiction Of such consular or commercial
authority in the premises; and further stat.
ing and certifying that. to the best Of the
knowledge aud belief Of the officer certi-
flying, ,uch person is not citizen Of the
United States, and thereupOn such judge,
commissioner, or other Judicial officer, on
inspection Of such application, the same be-
ing in writing, and duly authenticated by
the consular or other sufficient official seal,
shall issue his warrant for the arrest Of the
person so complained Of, directed to the mar.
shal Of the United Sites for the appropri-
ate district, or in his discretion TO any per-
son, being a citizen Of the United States,
whom he may specially depute for that
purpose, requiring such person tpbe brought
before him for examination at Gel tain time
and place; and il, on such examination, il
shall be made to appear that the person 50
arrested is o citizen Of the UniteI States.
he shall be forthwith discharged from ar
rest, and shall b. left To the ordinary course
Of law. But if ttis shall not be made to
appear, and such judge. commissioner, or
other judicial authority shall find, upon the
papers hereinbefbre referred to, a sufficient
prima facie case that the matter concerns
only the internal order and discipline Of
such foreign ship or vessel, CT whether in
its nature civil or criminal does not effect
affect directly the execution If the laws
1t the United States, or the rights aud du.
ties Of any citizen of the United States, be
shall forthwith, by his warrant, commit
such person to prison, where prisoners un-
der sentence Of q court Of the United States
may be lawfully committed, or to the mas
ter or chief officer, Of such foreign ship or
vessel, In his discretion, To be subject to the
lawful orders, control and discipline Of the
master or chief officer for the time being,
Of such ship, and to the jurisdiction Of the
consular or commercial authority Of the
nation TO which such ship or vessel may
belong. to the exclusion Of any authority
or jurisdiction in the premises Of the United
States or any State thereof: Provided,
neverEkeless, That the expenses Of The ar
rest aud the detention Of the p rson so ar
rested shall be paid BY the c'nsul general,
consuls, or vice consuls: dad propided.
further, That no person shalt be detained
more than two months after bis arrest, but
at the end Of that time shall be set at lib
erty and shall not again be arrested for the
same cause.
Approved, June II, 1854.