United States Statutes at Large/Volume 4/20th Congress/2nd Session/Chapter 41
Chap. XLI.—An Act to provide for the apprehension and delivery of deserters from certain foreign vessels in the ports of the United States.
On application of consul or vice-consul of nation entitled to the privilege, seamen deserting to be arrested and delivered up.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That on application of a consul or vice-consul of any foreign government, having a treaty with the United States, stipulating for the restoration of seamen deserting, made in writing, stating that the person therein named has deserted from a vessel of any such government while in any port of the United States, and on proof by the exhibition of the register of the vessel, ship’s roll, or other official document, that the person named belonged, at the time of desertion, to the crew of said vessel, it shall be the duty of any court, judge, justice, or other magistrate, having competent power, to issue warrants to cause the said person to be arrested for examination; and if, on examination, the facts stated are found to be true, the person arrested, not being a citizen of the United States, shall be delivered up to the said consul or vice-consul, to be sent back to the dominions of any such government, or, on the request, and at the expense, of the said consul or vice-consul, shallOr detained.
Proviso: detention not to be longer than two months.
Proviso: this act not to release seaman from custody as an offender against laws of United States. be detained until the consul or vice-consul finds an opportunity to send him back to the dominions of any such government: Provided nevertheless, That no person shall be detained more than two months after his arrest; but at the end of that time shall be set at liberty, and shall not be again molested for the same cause: And provided, further, That if any such deserter shall be found to have committed any crime or offence, his surrender may be delayed until the tribunal before which the case shall be depending, or may be cognisable, shall have pronounced its sentence, and such sentence shall have been carried into effect.
Approved, March 2, 1829.