§ 258. — Commitment and discharge.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC258]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 6--FOREIGN DIPLOMATIC AND CONSULAR OFFICERS
Sec. 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 matter concerns only the internal
order and discipline of such foreign vessel, or whether in its nature
civil or criminal, does not affect directly the execution of the laws of
the United States, or the rights and duties of any citizen of the United
States, he shall forthwith, by his warrant, commit such person to
prison, where prisoners under sentence of a court of the United States
may be lawfully committed, or, in his discretion, to the master or chief
officer of such foreign vessel, to be subject to the lawful orders,
control, and discipline of such master or chief officer, and to the
jurisdiction of the consular or commercial authority of the nation to
which such vessel belongs, to the exclusion of any authority or
jurisdiction in the premises of the United States or any State thereof.
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 again be
arrested for the same cause. The expenses of the arrest and the
detention of the person so arrested shall be paid by the consular
officers making the application: Provided, That nothing in this section
or section 257 of this title shall authorize the arrest or imprisonment
of officers and seamen deserting or charged with desertion from merchant
vessels of foreign nations in the United States and Territories and
possessions thereof, and the cooperation, aid, and protection of
competent legal authorities in effecting such arrest or imprisonment.
(R.S. Sec. 4081; Mar. 4, 1915, ch. 153, Secs. 16, 17, 38 Stat. 1184;
Pub. L. 90-578, title IV, Sec. 402(b)(2), Oct. 17, 1968, 82 Stat. 1118;
Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)
Codification
R.S. Sec. 4081 derived from act June 11, 1864, ch. 116, Sec. 2, 13
Stat. 121.
Change of Name
Words ``magistrate judge'' substituted in text for ``magistrate''
pursuant to section 321 of Pub. L. 101-650, set out as a note under
section 631 of Title 28, Judiciary and Judicial Procedure. Previously,
``magistrate'' substituted for ``commissioner'' pursuant to Pub. L. 90-
578. See chapter 43 (Sec. 631 et seq.) of Title 28.
Section Referred to in Other Sections
This section is referred to in section 256 of this title.
