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contract labourer into the United States shall forfeit and pay for every such offence the sum of one thousand dollars, which may be sued for and recovered by the United States, or by any person who shall first bring his action therefor in his own name and for his own benefit, including any such alien thus proinised labour or service of any kind as aforesaid, as debts of like amount are now recovered in the courts of the United States; and
be brought for each alien thus promised labour or service of any kind as aforesaid.* And it shall be the duty of the district attorney of the proper district to prosecute every such suit when brought by the United States.
$6. That it shall be unlawful and be deemed a violation of $4 of this Act to assist or encourage the importation or migration of any alien by promise of employment through advertisements printed and published in any foreign country; and any alien coming to this country in consequence of such an advertisement shall be treated as coining under promise or agreement as contemplated in $2 of this Act, and the penalties imposed by $5 of this Act shall be applicable to such a case : Provided, That this Section shall not apply to States or Territories, the District of Columbia, or places subject to the jurisdiction of the United States, advertising the inducements they offer for immigration thereto, respectively.
$7. That no transportation company or owner or owners of vessels, or others engaged in transporting aliens into the United States, shall, directly or indirectly, either by writing, printing, or oral representation, solicit, invite, or encourage the immigration of any aliens into the United States, but this shall not be held to prevent transportation companies from issuing letters, circulars, or advertisements, stating the sailings of their vessels and terms and facilities of transportation therein ; and for a violation of this provision, any such transportation company, and any such owner or owners of vessels, and all others engaged in transporting aliens into the United States, and the agents by them employed, shall be severally subjected to the penalties imposed by $5 of this Act.
$8. That any person, including the master, agent, owner or consignee of any vessel who shall bring into or land in the United States, by vessel or otherwise, or who shall attempt, by himself or through another, to bring into or land in the United States, by vessel or otherwise, any alien not duly admitted by an immigrant inspector or not lawfully entitled to enter the United States, shall be deemed guilty of a misdemeanour, and shall, on conviction, be punished by a fine not exceeding one thousand dollars, or by imprisonment for a term not exceeding two years, or by both such fine and imprisonment for each and every alien so landed or brought in or attempted to be landed or brought in.*
$9. That it shall be unlawful for any person, including any transportation company other than railway lines entering the United States from foreign contiguous territory, or the owner, master, agent or consignee of any vessel to bring to the United States any alien subject to any of the following disabilities : Idiots, imbeciles, epileptics, or persons afflicted with tuberculosis or with a loathsome or dangerous contagious disease, and if it shall appear to the satisfaction of the Secretary of Commerce and Labour that any alien so brought to the United States was afflicted with any of the said diseases or disabilities at the time of foreign embarkation and that the existence of such disease or disability might have been detected by means of a competent medical examination at such time, such person or transportation company, or the master,
*For method of reporting, see Rule 30.
agent, owner, or consignee of any such vessel shall pay to the collector of Customs of the Customs district in which the port of arrival is located the sum of one hundred dollars for each and every violation of the provisions of this Section ; and no vessel shall be granted clearance papers pending the determination of the question of the liability to the payment of such fine, and in the event such fine is imposed, while it remains unpaid, nor shall such fine be remitted or refunded : Provided, That clearance may be granted prior to the determination of such questions upon the deposit of a sum sufficient to cover such fine and costs, such sum to be named by the Secretary of Commerce and Labour.*
$10. That the decision of the Board of Special Inquiry, hereinafter provided for, based upon the certificate of the examining medical officer, shall be final as to the rejection of aliens affected with tuberculosis or with a loathsome or dangerous contagious disease, or with any mental or physical disability which would bring such aliens within any of the classes excluded from admission to the United States under $2 of this Act.
$11. That upon the certificate of a medical officer of the United States Public Health and Marine Hospital Service to the effect that a rejected alien is helpless from sickness, mental or physical disability, or infancy, if such alien is accompanied by another alien whose protection or guardianship is required by such rejected alien, such accompanying alien may also be excluded, and the master, agent, owner, or consignee of the vessel in which such alien and accompanying alien are brought shall be required to return said alien and accompanying alien in the same manner as vessels are required to return other rejected aliens. I $12. That
the arrival of any alien by water at any port within the United States,** it shall be the duty of the master or commanding officer of the steamer, sailing or other vessel having said alien on board to deliver to the immigration officers at the port of arrival lists or manifests made at the time and place of embarkation of such alien on board such steamer or vessel, which shall, in answer to questions at the top of said list, state as to each alien the full name, age and sex ; whether married or single ; the calling or occupation ; whether able to read or write ; the nationality; the race; the last residence ; the name and address of the nearest relative in the country from which the alien came; the seaport for landing in the United States ; the final destination, if any, beyond the port of landing ; whether having a ticket through to such final destination ; whether the alien has paid his own passage or whether it has been paid by any other person or by any corporation, society, municipality, or Government, and if so, by whom ; whether in possession of fifty dollars, and if less, how much ; whether going to join a relative or friend, and if so, what relative or friend, and his or her name and complete address ; whether ever before in the United States, and if so, when and where ; whether ever in prison or almshouse or an institu ion or hospital for the care and treatinent the insane or supported by charity; whether a polygamist; whether an anarchist; whether coming by reason of any offer, solicitation, promise or agreement, express or implied, to perform labour in the United States, and what is the alien's condition of health, mental and physical, and whether deformed or crippled, and if so, for how long and from what cause ; that it shall further be the duty of the master or commanding officer of every vessel taking alien passengers out of the United States, from any port thereof, to file before departure therefrom with the collector of Customs of such port a complete list of all such alien passengers taken on board. Such list shall contain the name, age, sex, nationality, residence in the United States, occupation, and the time of last arrival of every such alien in the United States, and no master of any such vessel shall be granted clearance papers for his vessel until he has deposited such list or lists with the collector of Customs at the port of departure, and made oath that they are full and complete as to the name and other information herein required concerning each alien taken on board his vessel ; *and any neglect or omission to comply with the requirements of this Section shall be punishable as provided in $15 of this Act.† That the collector of Customs with whom any such list has been deposited in accordance with the provisions of this Section, shall promptly notify the Commissioner-General of Immigration that such list has been deposited with him as provided, and shall make such further disposition thereof as may be required by regulations to be issued by the Commissioner-General of Immigration with the approval of the Secretary of Commerce and Labour : Provided, That in the case of vessels making regular trips to ports of the United States the CommissionerGeneral of Immigration, with the approval of the Secretary of Commerce and Labour, may, when expedient, arrange for the delivery of such lists of outgoing aliens at a later date: Provided further, That it shall be the duty of the master or commanding officer of any vessel sailing from ports in the Philippine Islands, Guam, Porto Rico, or Hawaii to any port of the United States on the North American Continent to deliver to the immigration officers at the port of arrival lists or manifests made at the time and place of embarkation, giving the names of all aliens on board said vessel.**
*For method of imposing, see Rule 28.
See Rule 12. **For the procurement of manifests from Canadian transportation companies, see paragraph (e), Rule 25.
$13. That all aliens arriving by water at the ports of the United States shall be listed in convenient groups, and no one list or manifest shall contain more than thirty names. To each alien or head of a family shall be given a ticket, on which shall be written his name, a number or letter designating the list in which his name, and so forth, is contained, and his number on said list, for convenience of identification on arrival. Each list or manifest shall be verified by the signature and the oath of affirmation of the master or commanding officer, or the first or second below him in command, taken before an immigration officer at the port of arrival, to the effect that he has caused the surgeon of said vessel sailing therewith to make a physical and oral examination of each of said aliens, and that from the report of said surgeon and from his own investigation he believes that no one of said aliens is an idiot, or imbecile, or a feeble-ininded person, or insane person, or a pauper, or is likely to become a public charge, or is afflicted with tuberculosis or with a loathsome or dangerous contagious disease, or is a person who has been convicted of, or who admits having committed a felony or other crime or misdemeanour involving moral turpitude, or is a polygamist or one admitting belief in the practice of polygamy, or an anarchist, or under promise or agreement, express or implied, to perform labour in the United States, or a prostitute, or a woman or girl coming to the United States for the purpose of prostitution, or for any other immoral purpose, and that also, according to the best of his knowledge and belief, the
*For the procurement of manifests from Canadian transportation companies, see paragraph (e), Rule 25.
For method of imposing fine, see Rule 29.
information in said lists or manifests concerning each of said aliens named therein is correct and true in every respect.
$14. That the surgeon of said vessel sailing therewith shall also sign each of said lists or manifests and make oath or affirmation in like manner before an immigration officer at the port of arrival, stating his professional experience and qualifications as a physician and surgeon, and that he has made a personal examination of each of the said aliens named therein, and that the said list or manifest, according to the best of his knowledge and belief, is full, correct and true in all particulars relative to the mental and physical condition of said aliens. If no surgeon sails with any vessel bringing aliens the mental and physical examinations and the verifications of the lists or manifests shall be made by some competent surgeon employed by the owners of the said vessel.*
$15. That in the case of the failure of the master or commanding officer of any vessel to deliver to the said immigration officers lists or manifests of all aliens on board thereof, as required in $$12, 13 and 14 of this Act, he shall pay to the collector of Customs at the port of arrival the sum of ten dollars for each alien concerning whom the above information is not contained in any list as aforesaid : Provided, That in the case of failure without good cause to deliver the list of passengers required by $12 of this Act from the master or commanding officer of every vessel taking alien passengers out of the United States, the penalty shall be paid to the collector of Customs at the port of departure,and shall be a fine of ten dollars for each alien not included in said list; but in no
a case shall the aggregate fine exceed one hundred dollars.t
$16. That upon the receipt by the immigration officers at any port of arrival of the lists or manifests of incoming aliens provided for in $$12, 13 and 14 of this Act, it shall be the duty of said officers to go or to send competent assistants to the vessel to which said lists or manifests refer, and there inspect all such aliens, or said immigration officers may order a temporary removal of such aliens for examination at a designated time and place, but such temporary removal shall not be considered a landing, nor shall it relieve the transportation lines, masters, agents, owners, or consignees of the vessel upon which said aliens are brought to any port of the United States from any of the obligations which, in case such aliens remain on board, would, under the provisions of this Act, bind the said transportation lines, masters, agents, owners, or consignees : Provided, That where a suitable building is used for the detention and examination of aliens the immigration officials shall there take charge of such aliens, and the transportation companies, masters, agents owners and consignees of the vessels bringing such aliens shall be relieved of the responsibility for their detention thereafter until the return of such aliens to their care.
$17. That the physical and mental examination of all arriving aliens shall be made by medical officers of the United States Public Health and Marine-Hospital Service, who shall have had at least two years' experience in the practice of their profession since receiving the degree of doctor of medicine, and who shall certify for the information of the immigration officers and the boards of special inquiry hereinafter provided for, any and all physical and mental defects or diseases observed by said medical officers in any
such alien, or, should medical officers of the United States Public Health and Marine-Hospital Service be not available, civil surgeons of not less than four years' professional experience may be employed in such emergency for such
*See paragraph (8), Rule 29. For procedure, see Rule 29.
See Rule 9.
service, upon such terms as may be prescribed by the Commissioner-General of Immigration under the direction or with the approval of the Secretary of Commerce and Labour. The United States Public Health and MarineHospital Service shall be reimbursed by the immigration service for all expenditures incurred in carrying out the medical inspection of aliens under regulations of the Secretary of Commerce and Labour.
$18. That it shall be the duty of the owners, officers, or agents of any vessel or transportation line, other than those railway lines which may enter into a contract as provided in $32 of this Act, bringing an alien to the United States, to prevent the landing of such alien in the United States at any time or place other than as designated by the immigration officers, and the negligent failure of any such owner, officer, or agent to comply with the foregoing requirements shall be deemed a misdemeanour and be punished by a fine in each case of not less than one hundred, nor more han one thousand dollars or by imprisonment for a term not exceeding one year, or by both such fine and imprisonment ; *and every such alien so landed shall be deemed to be unlawfully in the United States and shall be deported as provided in $$20 and 21 of this Act.
$19. That all aliens brought to this country in violation of law shall, if practicable, be immediately sent back to the country whence they respectively came on the vessels bringing them. The cost of their maintenance while on land, as well as the expense of the return of such aliens, shall be borne by the owner or owners of the vessels on which they respectively came ; and if any master, person in charge, agent, owner or consignee of any such vessel shall refuse to receive back on board thereof, or on board of any other vessel owned or operated by the same interests, such aliens, or shall fail to detain them thereon, or shall refuse or fail to return them to the foreign port from which they came, or to pay the cost of their maintenance while on land, or shall make any charge for the return of any such alien, or shall take any security from him for the payment of such charge, such master, person in charge, agent, owner or consignee shall be deemed guilty of a misdemeanour, and shall, on conviction, be punished by a fine of not less than three hundred dollars for each and every such offence; and no vessel shall have clearance from any port of the United States while any such fine is unpaid : *Provided, That the CommissionerGeneral of Immigration, with the approval of the Secretary of Commerce and Labour, may suspend, upon conditions to be prescribed by the CommissionerGeneral of Immigration, the deportation of any alien found to have come in violation of any provision of this Act, if, in his judgment, the testimony of such alien is necessary on behalf of the United States Government in the prosecution of offenders against any provision of this Act: Provided, That the cost of maintenance of any person so detained resulting from such suspension of deportation shall be paid from the “Immigrant Fund " ; (but no alien certified, as provided in $17 of this Act, to be suffering from tuberculosis or from a loathsome or dangerous contagious disease other than one of quarantinable nature shall be permitted to land for medical treatment thereof in any hospital in the United States, unless with the express permission of the Secretary of Commerce and Labour : **Provided, That upon the certificate of a medical officer of the United States Public Health and Marine-Hospital Service to the effect that the health or safety of an insane alien would be unduly imperilled by immediate deportation, such alien may, at the expense of the “ Immigrant *For method of reporting, see Rule 30.
See Rule 14. See paragraph (d), Rule 31, and Rules 34-8.
*See Rule io.