Page:United States Statutes at Large Volume 13.djvu/150

122 THIRTY-EIGHTH CONGRESS. Sess. I. Ch. 116, 117. 1864. or vessel, or that he has refused, or is about to refuse, to submit tp 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, and thereupon such judge, commissioner, or other judicial ofslicer, on inspection of such application, the same being in writing and duly authenticated by the consular or other sufficient official seal, Wan-ant for shall issue his warrant for the arrest of the person so complained of ‘“`"s**° lss“"· 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. And If person M_ if, on such examination, it shall be made to appear that the person so rested is a Cm- arrested is a citizen of the United States, he shall be forthwith discharged we ha Shell be from arrest, and shall be left to the ordinary course of law. But if this diS°h”g°d‘ shall not be made to appear, and such judge, commissioner, or other judicial authority shall find, upon the papers hereinbefore referred to, a sudicient prima facie case that the matter concerns only the internal order and discipline of such foreign ship or vessel, or, whether in its nature civil or criminal, does not ¢@ct [affect] directly the execution of the laws of If not, &c., the United States, or the rights and duties of any citizen of the United P€'S°¤ *0 be 00m' States, he shall forthwith, by his warrant, commit such person to prison, mmm where prisoners under sentence of a court of the United States may be lawfully committed, or to the master 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 Expenses, how thereof: Provided, nevertheless, That the expenses of the arrest and the °° b° P"“d‘ detention of the person so arrested shall be paid by the consul-general, consuls, or vice-consuls: And provided, further, That no person shall be Limit of im' detained more than two months after his arrest, but at the end of that time P"s°um°°t' shall be set at liberty and shall not again be arrested for the same cause. Approved, June 11, 1864. June 11, 1864. CHAP. CXVII. —An Act to authorize the Secretary a/` the Treasury to stipulate for the """‘_"‘*" ;?eIee;2e_/`ggm Attachment. or other Process, ¢y" Property claimed by the United States, and OT O E7' U7'pOS€S. Be it enacted by the Senate and Muse of Representatives of the United _ Attschmentiu States of America in Oangress assembled, That whenever any property £§f}°‘gr§;;$f§d' owned or held by the United States, or in which the United States have owned, &e.,1>y or claim an interest, shall, in any judicial proceeding under the laws of gggsnlgzgv ma any state,_district, or territory, be seized, arrested, attached, or held for be d,sgh,,,g€d_ y the security or satisfaction of.any claim made against said property, it shall be lawful for the Secretary of the Treasury, in his discretion, to direct the solicitor of the treasury to cause a stipulation to be entered into' by the proper district attorney for the discharge of such property from such seizure, arrest, attachment, or proceeding, to the effect that upon such discharge, the person asserting the claim against such property shall become entitled to all the benefits of this act; and in all cases where such stipulation shall be entered into, as aforesaid, and the property shall, in consequence thereof; be discharged as aforesaid, and final judgment shall be given in the court of last resort to which the Secretary of the Treasury may deem proper to cause such proceedings to be carried, _ Efrtpcglgfhtinal aflirming the claim for the security or satisfactign of which such proceed- élSc,;¤;_0c8edmgS_ ings shall have been instituted, and the right of the person asserting the same to enforce it against such property by means of such proceedings, notwithstanding the claims of the United States thereto, such final judg-