Whenever it is stipulated by treaty or convention 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 nation, between the master or officers and any of the crew, or between any of the crew themselves, of any vessel belonging to the nation represented by such consular officer, such stipulations 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 contracting party, and shall issue his proclamation to that effect, declaring this section to be in force as to such nation.
Notes of Decisions
Cited in
4
cases, 1938–1971 · leading case:
Mandel v. Mitchell, 325 F. Supp. 620 (E.D.N.Y 1971).
Mandel v. Mitchell, 325 F. Supp. 620 (E.D.N.Y 1971).
· cites it 2× “22 U.S.C. § 256 grants jurisdiction to foreign consuls over their seamen only where such consuls' government grants the same rights to the United States consul by treaty.”
In re Therianos, 171 F.2d 886 (3rd Cir. 1948).
· cites it 2× “§§ 4079, 4080 and 4081, 22 U.S.C.A. §§ 256 , 257 and 258, and upon Article XII of the Convention of December 2, 1902, proclaimed July 11, 1903, 33 Stat.”
The Wind, 22 F. Supp. 883 (E.D. Pa. 1938).
· cites it 2× “, as amended, 22 U.S.C. §§ 256 , 257, 258, 22 U.S.C.A. §§ 256-258 , in carrying out his adjudication cannot operate to confer upon this court jurisdiction of which it has been expressly deprived by a valid subsisting treaty.”
Petition of Georgakopoulos, 81 F. Supp. 411 (E.D. Pa. 1948).
· cites it 3× “” 22 U.S.C.A. § 256 . It is conceded that no proclamation of this particular kind has ever been issued under this treaty.”
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