22 U.S.C. § 255 — Repealed. June 25, 1948, ch. 645, § 21, 62

Page 23 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 258 AUTHORITY OF SECRETARY OF STATE Except as otherwise provided, Secretary of State to have and exercise any authority vested by law in any official or office of Department of State and references to such officials or offices deemed to refer to Secretary of State or Department of State, as appropriate, see section 2651a of this title and section 161(d) of Pub. L. 103–236, set out as a note under section 2651a of this title. § 255. Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948 Section, R.S. § 4062, related to assaulting, etc., a for- eign minister. See sections 112 and 1545 of Title 18, Crimes and Criminal Procedure. §§ 255a, 255b. Omitted Editorial Notes CODIFICATION Sections, act Feb. 15, 1938, ch. 29, §§ 1, 2, 52 Stat. 30, which related to protection for officers and buildings, jurisdiction of offenses and penalties, and permitted picketing, are of particular application to the District of Columbia. § 256. Jurisdiction of consular officers in dis- putes between seamen Whenever it is stipulated by treaty or conven- tion between the United States and any foreign nation that the consul general, consuls, vice consuls, or consular or commercial agents of each nation, shall have exclusive jurisdiction of controversies, difficulties, or disorders arising at sea or in the waters or ports of the other na- tion, between the master or officers and any of the crew, or between any of the crew them- selves, of any vessel belonging to the nation rep- resented by such consular officer, such stipula- tions shall be executed and enforced within the jurisdiction of the United States as declared in sections 257 and 258 of this title. But before this section shall take effect as to the vessels of any particular nation having such treaty with the United States, the President shall be satisfied that similar provisions have been made for the execution of such treaty by the other con- tracting party, and shall issue his proclamation to that effect, declaring this section to be in force as to such nation. (R.S. § 4079.) Editorial Notes CODIFICATION R.S. § 4079 derived from act June 11, 1864, ch. 116, § 1, 13 Stat. 121. § 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 for- eign 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 mag- istrate judge, setting forth that such con- troversy, difficulty, or disorder has arisen, brief- ly stating the nature thereof, and when and where the same occurred, and exhibiting a cer- tified 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 dis- cipline of the master and officers of the vessel or that he has refused, or is about to refuse, to sub- mit to and obey the lawful jurisdiction of such consular or commercial authority in the prem- ises; and further stating and certifying that, to the best of the knowledge and belief of the offi- cer certifying, such person is not a citizen of the United States. Such application shall be in writ- ing 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 com- plained of, directed to the marshal of the United States for the appropriate district, or in his dis- cretion 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. (R.S. § 4080; May 28, 1896, ch. 252, § 19, 29 Stat. 184; Mar. 2, 1901, ch. 814, 31 Stat. 956; Pub. L. 90–578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.) Editorial Notes CODIFICATION R.S. § 4080 derived from act June 11, 1864, ch. 116, § 2, 13 Stat. 121. Statutory Notes and Related Subsidiaries CHANGE OF NAME Act May 28, 1896, abolished the circuit court and re- quired the district court to appoint persons to be known as United States commissioners. ‘‘United States magistrate judge’’ and ‘‘magistrate judge’’ substituted in text for ‘‘United States mag- istrate’’ and ‘‘magistrate’’, respectively, pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Proce- dure. Previously, ‘‘magistrate’’ substituted for ‘‘com- missioner’’ pursuant to Pub. L. 90–578. See chapter 43 (§ 631 et seq.) of Title 28. ACTS APPLICABLE TO COMMISSIONERS OF CIRCUIT COURT ALSO APPLICABLE TO UNITED STATES COMMIS- SIONERS Act Mar. 2, 1901, provided in part that all acts or parts of acts applicable to commissioners of the circuit court, except as to appointment and fees, shall be appli- cable to United States commissioners. § 258. Commitment and discharge If, on such examination, it is made to appear that the person so arrested is a citizen of the United States, he shall be forthwith discharged from arrest, and shall be left to the ordinary course of law. But if this is not made to appear, and such court, judge, or magistrate judge finds, upon the papers referred to in section 257 of this title, a sufficient prima facie case that the mat- ter concerns only the internal order and dis- cipline of such foreign vessel, or whether in its