Chapter CV. *more effectually to provide for the Enforcement of certain Pro-visions in the Treaties of the United States.* Aug. 8, 1846
596 words·~3 min read·
/statutes-at-large/vol-9/chapter-cv-332309·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chap. CV.— An Act *more effectually to provide for the Enforcement of certain Pro-visions in the Treaties of the United States.* Aug. 8, 1846. Preamble.Whereas, in the treaty between the United States and his Majesty the King of Prussia, it is provided, that “the consuls, vice-consuls, and commercial agents, shall have the right, as such, to sit as judges and arbitrators in such differences as may arise between the captains and crews of the vessels belonging to the nation whose interests are committed to their charge, without the interference of the local authorities, unless the conduct of the crews or the captain should disturb the order or tranquillity of the country, or the said consuls, vice-consuls, or commercial agents, should require their assistance to cause their decisions to be carried into effect or sup-ported; ” and whereas a similar provision, in substance, exists in TWENTY-NINTH CONGRESS.
Sess. I. Ch. 106. 1846.79other treaties of the United States with some other foreign powers; and whereas no jurisdiction is given by law to any courts or magistrates in the United States to carry into effect the said provisions; for the remedy thereof— *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, *That the DistrictJurisdiction of District and Circuit Courts of U.S. and of commissioners, on the application of foreign consuls, &c. and Circuit Courts of the United States, and the commissioners who now are, or shall he hereafter, appointed by the Circuit Courts of the United States to take acknowledgments of bail and affidavits, and also to take depositions of witnesses in civil causes, and to exercise the powers of any justice of the peace in respect to offenders for any crime or offence against the United States, by arresting, imprisoning, or bailing, the same, under and in virtue of the laws of the United States, shall have full power, authority, and jurisdiction, upon the application or petition of the said consuls, vice-consuls, or commercial agents, requiring their assistance to carry into effect the award, or arbitration, or decree, of any such consuls, vice-consuls, or commercial agents, in the premises, according to the true intent and meaning of such award and arbitration, or decree; and for this purpose shall have full authority to issue all proper remedial process, mesne and final, to carry into full effect such award, arbitration, or decree, and to enforce obedience thereto, by imprisonment in the common jail or other place of imprisonment in the district in which the United States may lawfully imprison any person arrested under the authority of the United States, until such award, arbitration, or decree, shall be com-plied with, or the parties shall be otherwise discharged therefrom, by the consent, in writing, of such consuls, vice-consuls, or commercial agents, or their successors in office, or by the authority of the foreign government by which such consuls, vice-consuls, or commercial agents, are appointed: *Provided, however,* That the expenses of theExpenses to be borne by said consuls, &c. said imprisonment, if any, and the maintenance of the prisoners, and the costs of the proceedings, shall be borne by such foreign government, or by its consuls, vice-consuls, or commercial agents, requiring such imprisonment.
And the marshals of the United States and theirMarshals to serve process. deputies shall have full authority, and shall he bound, to serve all such process, and do all other acts necessary and proper to carry into full effect all and singular the premises under the authority of the said courts, or of the said commissioners. Approved, August 8, 1846.