United States.

Compiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes online

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Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 73 of 150)
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the case of any master whose vessel, being bound to a port not with-
in the United States, shall come within the jurisdiction of the United
States by reason of being in distress or in stress of weather, or touch-
mg at any port of the United States on its voyage to any foreign port
or place : Provided : That all Chinese laborers brought on such ves-
sel shall not be permitted to land except in case of absolute necessity,
and must depart with the vessel on leaving port. (22 Stat. 59. z3,
Stat. 115.)

See notes to section 1 of this act, ante, | 4290.

This section was amended, by strikinsr out, after the words "the passage of,"
the words **this act, and," and inserting instead thereof the words *'the act to
which this act is amendatory, nor shall said sections apply to Chinese la-
borers, who," and by inserting in the proviso, after the words **That all
Chinese laborers brought on such vessel shall," the words "not be permitted to
land except in case of absolute necessity, but must," making the section read as
set forth here, by Act July 5, 1884, c. 220, cited above.

So much of this section as permitted Chinese laborers who were in the Unit-
ed States on the 17th day of November, 1880, or who came into the United
States before the expiration of ninety days next after May 6, 1882, to return
to the United States, was superseded by Act Oct 1, 1888, c. 1064, f 1, post, §
l303, which prohibited the return of any Chinese laborer whatever.

The provisions of the latter act were In turn superseded in part by provi-
sions permitting the return of a Chinese laborer who had a wife, child, or
parent in the United States or who had property of the value of $1,000 or
debts of like amount and pending settlement, by the Convention with China
of Dec 8, 1894, art 2, post, i 4327. Provisions somewhat similar to those of

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S 4292 oiMiGBATioN (Tit. 29

Mid eoDTendon, made by Act Sept 18, 1S88, c. 1015, | 6, po«t, i 4307, wer«
re-enacted by Act April 29, 1902, c 641« f 1, poat, { 4337.

An exception relating to the landing of Teseeli in distrefls, similar to tha
provisions of this section, waa conUined in Act Sept 13, 1888, c. 1015, f 10,
post, i 4311, also ra-enacted by Act AprU 29, 1902, c 641, | 1, post, | 4:i:{7.

§ 4293. (Act Ma^ 6, 1882, c 126, § 6, as amended. Act July 5, 1884,
c. 220.) Chinese other than laborers; certificates of identity.

In order to the faithful execution of the provisions of this act,
every Chinese person, other than a laborer, who may be entitled
by said treaty or this act to come within the United States, and
who shall be about to come to the United States, shall obtain
the permission of and be identified as so entitled by the Chinese
Government, or of such other foreign Government of which at the
time such Chinese person shall be a subject, in each case to be evi-
denced by a certificate issued by such Government, which certificate
shall be in the English language, and shall show such permission,
with the name of the permitted person in his or her proper signa-
ture, and which certificate shall state the individual, family, and
tribal name in full, title or official rank, if any, the age, height, and
all physical peculiarities, former and present occupation or profes-
sion, when and where and how long pursued, and place of residence
of the person to whom the certificate is issued, and that such person
is entitled by this act to come within the United States. If the person
so applying for a certificate shall be a merchant, said certificate shall,
in addition to above requirements, state the nature, character, and
estimated value of the business carried on by him prior to and at the
time of his application as aforesaid: Provided, That nothing in this
act nor in said treaty shall be construed as eml)racing within the
meaning of the word "merchant," hucksters, peddlers, or those en-
gaged in taking, drying, or otherwise preserving shell or other fish for
home consumption or exportation. If the certificate be sought for the
purpose of travel for curiosity, it shall also state whether the appli-
cant intends to pass through or travel within the United Slates,
together with his financial standing in the country from which such
certificate is desired. The certificate provided for in this act, and the
identity of the person named therein shall, before such person goes
on board any vessel to proceed to the United States, be vised by the
indorsement of the diplomatic representatives of the United States in
the foreign country from whiclr said certificate issues, or of the con-
sular representative of the United States at the port or place from
which the person named in the certificate is about to' depart ; and
such diplomatic representative or consular representative whose in-
dorsement is so required is hereby empowered, and it shall be his
duty, before indorsing such certificate as aforesaid, to examine into
the truth of the statements set forth in said certificate, and if he
shall find upon examination that said or any of the statements therein
contained are untrue it shall be his duty to refuse to indorse the same.
Such certificate vised as aforesaid shall be prima facie evidence of
the facts set forth therein, and shall be produced to the collector
of customs of the port in the district in the United States at which
the person named therein shall arrive, and afterward produced to
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CIlB) immigration § 4295

the proper authorities of the United States whenever lawfully de-
manded, and shall be the sole evidence permissible on the part of
the person so producing the same to establish a right of entry into
the United States; but said certificate may be controverted and the
facts therein stated disproved by the United States authorities. (22
Stat. 60. 23 Stat. 116.)

See notes to section 1 of this act, ante, f 4290.

This section was amended hj nomerous changes in the language and extensive
additions thereto, maldng it read as set forth here, by Act July 5, 1884, c 220,
cited aboTe.

The word ''merchant," as used in acts relating to this subject, was defined
by Act Not. 3, 1893, c 14, | 2, post, | 4324.

3 4294. (Act May 6, 1882, c. 126, § 7.) Altering name in or forg-
ing certificate, or false personation <rf person named therein,
punishable.
Any person who shall knowingly and falsely alter or substitute any
name for the name written in such certificate or forge any such cer-
tificate, or knowingly utter any forged or fraudulent certificate, or
falsely personate any person named in any such certificate, shall be
deemed guilty of a misdemeanor; and upon conviction thereof shall
be fined in a sum not exceeding one thousand dollars, and imprisoned
in a penitentiary for a term of not more than five years. (22 Stat. 60.)

See notes to section 1 of this act, ante, | 4290.

Similar provisions relating to certificates of identity were made by Act Sept
13, 1888, c. 1015, § 11, post, § 4312, re-enacted by Act April 29, 1902, c. 641,
I 1, post, 8 4337, and relating to certificates of residence, by Act May 5, 1892,
c. 60. S 8. post. 9 4322.

§ 4295. (Act May 6, 1882, c. 126, § 8, as amended. Act July 5, 1884,
c. 220.) Lists of Chinese passengers to be delivered by mas-
ters of vessels arriving from foreign ports; contents; penalty
for failure.
The master of any vessel arriving in the United States from
any foreign port or place shall, at the same time he delivers a
manifest of the cargo, and if there be no cargo, then at the time of
making a report of the entry of the vessel pursuant to law, in addition
to the other matter required to be reported, and before landing, or
permitting to land, any Chinese passengers, deliver and report to the
collector of customs of the district in which such vessels shall have
arrived a separate list of all Chinese passengers taken on board his
vessel at any foreign port or place, and all such passengers on board
the vessel at that time, such list shall show the names of such passen-
gers (and if accredited officers of the Chinese or of any other foreig^i
Government, traveling on the business of that Government, or their
servants, with a note of such facts), and the names and other particu-
lars as shown by their respective certificates; and such list shall be
sworn to by the master in the manner required by law in relation to
the manifest of the cargo. Any refusal or wilful neglect of any such
master to comply with the provisions of this section shall incur the
same penalties and forfeiture as are provided for a refusal or neglect

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§ 4296 IMMIGRATION (Tit 29

to report and deliver a manifest of the cargo. (22 Stat. 60. 23 Stat
117.)

See notes to section 1 of this act, ante, | 4290.

This section was amended hy inserting in the parenthesis, after the words
"and if accredited officers of the Chinese," the words "or of any other foreign,*'
and by changing the words at the beginning of the last sentence from "Any
willful refusal or neglect" to "Any refusal or willful neglect," making the sec-
tion read as set forth here, by Act July 0, 1884, c. 220, cited above.

§ 4296. (Act May 6, 1882, c. 126, § 9.) Comparison of lists with
certificates.
Before any Chinese passengers are landed from any such vessel,
the collector, or his deputy, shall proceed to examine such pas-
sengers, comparing the certificates with the list and with the pas-
sengers; and no passenger shall be allowed to land in the United
States from such vessel in violation of law. (22 Stat. 60.)
See notes to section 1 of this act, ante, § 4290.

In so far as this section relates to the right of Chinese laborers to re-enter
the United States after having once departed therefrom, it must be regarded as
superseded by Act Oct 1, 1888, c. 1064, post, §§ 4303-4305.

A subsequent provision that in every case where an alien was excluded from
admission into the United States under any law or treaty then existing or
thereafter made, the decision of the appropriate immigration officers, if ad-
verse to the admission of such alien, should be final, unless reversed on appeal
to the Secretary of Commerce, was made by the Immigration Act of Feb. 20,
1907, c. 1134, H 25, ante, | 4274.

§ 4297. (Act May 6, 1882, c. 126, § 10, as amended. Act July 5,
1884, c. 220.) Forfeitures of vessels for violations of act.
Every vessel whose master shall knowingly violate any of the pro-
visions of this act shall be deemed forfeited to the United States, and
shall be liable to seizure and condemnation in any district of the
United States into which such vessel may enter or in which she may
be found. (22 Stat. 61. 23 Stat. 115.)

See notes to section 1 of this act, ante, | 4290.

The application of the provisions of tliis section was extended by Act Oct
1, 1888, c. 1064, i 3, post, § 4305.

§ 4298. (Act May 6, 1882, c. 126, § 11, as amended. Act July 5,
1884, c. 220.) Bringing or landing Chinese laborers not enti-
tled to enter, punishable.
Any person who shall knowingly bring into or cause to be brought
into the United States by land, or who shall aid or abet the same,
or aid or abet the landing in the United States from any vessel, of
any Chinese person not lawfully entitled to enter the United States,
shall be deemed guilty of a misdemeanor, and shall on conviction
thereof, be fined in a sum not exceeding one thousand Dollars, and
imprisoned for a term not exceeding one year. (22 Stat. 61. 23 Stat.
117.)

See notes to section 1 of this act, ante, | 4290.

This section was amended by changing the words •'or who shall knowingly
aid or abet the same," contained in the section as originaUy enacted, to **or
who shall aid or abet the same," as set forth here, by Act July 6, 1884, c 220,
cited above.

The application of the provisions of this section was extended by Act Oct.
1, 1888, c. 1064, f 3, post, fi 4305.

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Ch. B) IMMIGRATION § 4301

§ 4299. (Act May 6, 1882, c. 126, § 12, as amended. Act July 5,
1884, c. 220.) Chinese not to enter United States by land with-
out certificate; deportation of Chinese unlawfully within Unit-
ed States; expenses.

No Chinese person shall be permitted to enter the United States
by land without producing to the proper officer of customs the cer-
tificate in this act required of Chinese persons seeking to land from a
vessel. And any Chinese person found unlawfully within the United
States shall be caused to be removed therefrom to the country from
whence he came, and at the cost of the United States, after being
brought before some justice, judge, or commissioner of a court of
the United States and found to be one not lawfully entitled to be
or to remain in the United States; and in all such cases the per-
son who brought or aided in bringing such person to the United
States shall be liable to the Government of the United States for
all necessary expenses incurred in such investigation and removal;
and all peace officers of the several States and Territories of the
United States are hereby invested with the same authority as a mar-
shal or United States marshal in reference to carrying out the pro-
visions of this act or the act of which this is amendatory, as a mar-
shal or deputy marshal of the United States, and shall be entitled to
like compensation to be audited and paid by the same officers. And
the United States shall pay all costs and charges for the maintenance
and return of any Chinese person having the certificate prescribed by
law as entitling such Chinese person to come into the United States
who may not have been permitted to land from any vessel by reason
of any of the provisions of this act. (22 Stat. 61. 23 Stat. 117.)

See notes to section 1 of this act, ante, § 4290.

This section was amended by striking out, after the words "to the country
from whence he came," the words "by direction of the President of the United
States," contained in the section as originally enacted, and by adding the
provisions beginning with the words "and in all such cases," etc., to the end
of the section as set forth here by Act July 5, 1884, c. 220, cited above.

The application of the provisions of this section was extended by Act Oct. 1,
1888, c. 10(54, § 8, post, { 4305.

§ 4300. (Act May 6, 1882, c. 126, § 13, as amended. Act July 5,
1884, c. 220.) Diplomatic and other officers, their servants,
etc., exempted from application of act.

This act shall not apply to diplomatic and other officers of the
Chinese or other Governments traveling upon the business of that
Government, whose credentials shall be taken as equivalent to the
certificate in this act mentioned, and shall exempt them and their
body and household servants from the provisions of this act as to
other Chinese persons. (22 Stat. 61. 23 Stat. 118.)
See notes to section 1 of this act, ante, § 4290.

This section was amended by changing the words "Chinese Government,"
contained in the section as originally enacted, to ''Chinese or other Govern-
ments," as set forth here, by Act July 5, 1884, c 220, cited above.

§ 4301. (Act May 6, 1882, c. 126, § 15, as amended by Act July 5,
1884, c. 220.) Persons to whom act is applicable; ''Chinese
laborers" defined.
The provisions of this act shall apply to all subjects of China and

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§ 4301 UfHIGRATIOM (Tit 29

Chinese, whether subjects of China or any other foreign power ; and
the words Chinese laborers, wherever used in this act shall be con-
strued to mean both skilled and unskilled laborers and Chinese cm-
ployed in mining. (22 Stat. 61. 23 Stat 118.)
8^ Dotet to Mction 1 of this act, ante, | 4290.

This section was amended by inserting, at the beginnlnir of the section, lbs
words **That the proTisions of this act shall apply to all subjects of China
and Chinese, whether subjects of China or any other foreign power," and by
adding two new sections, numbered 16 and 17, respectively, post, f 4302, faiy
Act July 6, 1884, c 220, cited above.

The word "laborer," as used in subsequent acts was defined by Act Not. 8,
1893, c 14, I 2, post, I 4824.

§ 4302. (Act May 6, 1882, c. 126, as amended. Act July 5, 1884, c
220.) Violations of act punishable.
Any violation of any of the provisions of this act, or of the act
of which this is amendatory, the punishment of which is not other-
wise herein provided for, shall be deemed a misdemeanor, and shall
be punishable by a fine not exceeding one thousand dollars, or by
imprisonment for not more than one year, or both such fine and im-
prisonment (22 Stat 58. 23 Stat 118.)

See notes to section 1 of this act, ante, | 4290.

This section was added to Act May 6, 1882, c 126, by amendment by Act
July 6, 1884, c 220, cited aboTe.

Section 17, also added to Act May e, 1882, c 126, by the same amendment,
provided that said amendatory act should not affect any prosecution, etc^
begun under the original act It is omitted, as temporary merely.

§ 4303. (Act Oct 1, 1888, c 1064, § 1.) Return to United Sutes
of Chinese laborers after departiure therefrom, unlawf uL
From and after the passage of this act, it shall be unlawful for
any chinese laborer who shall at any time heretofore have been, or
who may now or hereafter be, a resident within the United States,
and who shall have departed, or shall depart, therefrom, and shall not
have returned before the passage of this act, to return to, or remain
in, the United States. (25 Stat. 504.)

This section and the two sections next following were part of an act entitled
''An act a supplement to an act entitled *An act to execute certain treaty
stipulations relating to Chinese,' approTed the sixth day of May, eighteen
hundred and eighty-two."

Section 4 of this act repealed aU parts inconsistent therewith of said act
to which this was a supplement.

The act referred to in the title of this act, to which this act was a sup-
plement. Act May 6, 1882, c 126, as amended by Act July 6, 1SS4, c. 220.
ante, |f 424)(> - i202, suspended the coming of Chinese laborers to the United
States, but excepted from iu provisions laborers in the United States, and pro-
Tided for the identification of such laborers, and for evidence of their right to
go from and come to the United States. These provisions were snperaeded
by this act

The act so referred to in the title of this act, as well as the amendatory
act mentioned above, were repealed by Act Sept. IS, 1888, c 1015, the repeal
to take effect on the ratification of a pending treaty; but, the treaty not
having been ratified, the repeal did not take effect

In so far as the provisions of this act prohibited the return of a Chinese
laborer who had a wife, child, or parent in the United States, or who had
property therein of the value of $1,000, or debts of like amount due him and
pending settlement, they were superseded by the provisions permitting any ntich
laborer to return upon his compliance with the requirements aa to •ecnring

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Ch. B) IMMIGRATION § 4306

a certificate of right to return as the laws of the United States might then or
thereafter require, not inconsistent with the treaty, contained in the Convention
with China of Dec 7, 1894, art. 2, poet, f 4327, and by provisions for the re-
tarn of such laborers and the issuance of certificates of right to return, con-
tained in Act Sept. 13, 1888, c. 1015, |S 6^, ante, §§ 4293-4295, re-enacted
by Act April 29, 1902, c. 641, | 1, post, | 4337.

The provisions of this act, like those of Act May 6, 1882, c. 126, to which
it was a supplement, which were continued in force for a period of ten years
by Act May, 5, 1892, c. 60, § 1, post, § 4315, and which were not superseded
by the treaty and acts referred to, and all laws prohibiting and regulating the
coming of Chinese into the United States and their residence therein, in force
at the time, were re-enacted, extended, and continued, and were also made ap-
plicable to the island territory under the jurisdiction of the United States,
by Act April 29, 1902, c. 641, § 1, post, f 4337.

§ 4304. (Act Oct 1, 1888, c. 1064, § 2.) Certificates of identity not
to be issued, axid those issued void.
No certificates of identity provided for in the fourth and fifth sec-
tions of the act to which this is a supplement shall hereafter be issued ;
and every certificate heretofore issued in pursuance thereof, is herel^
declared void and of no effect, and the Chinese laborer claiming ad-
mission by virtue thereof shall not be permitted to enter the United
States. (25 Stat. 504.)

See notes to section 1 of this act, ante, f 4290.

This section superseded the provisions of Act May 6, 1882, c. 126, §§ 4, 5,
as amended by Act July 5, 1884, c. 220, until the provisions of this act wer«^
suspended by those of the Convention with China of Deo. 7, 1894, post, §§
4326-4331.

§ 4305. (Act Oct 1, 1888, c. 1064, § 3.) Duties, liabilities, penal-
ties, and forfeitures under previous act extended.
All the duties prescribed, liabilities penalties and forfeitures im-
posed, and the powers conferred by the second, tenth, eleventh, and
twelfth, sections of the act to which this is a supplement are hereby
extended and made applicable to the provisions of this act. (25 Stat.
504.)

See notes to section 1 of this act, ante, § 4290.

Sections 2, 10-12, of Act May 6, 1882, c. 126, referred to in this section,,
are set forth ante, §§ 4291, 4297-4299. At the time of the passage of this act,,
the entire act of which those sections were part, and Act Jnly 5, 1884, c. 220,
amendatory thereof, had been repealed, and other provisions relating to the
subject enacted, the repeal to take effect on the ratification of a treaty then
pending, by Act Sept. 13, 1888, c. 1015, § 15, 25 Stat. 479, to which act no ref-
erence was made in this act. See notes to section 5 of said act, post, § 4306.

§ 4306. (Act Sept. 13, 1888, c. 1015, § 5.) Return of Chinese la-
borers after departure not permitted, except under conditions
stated.
From and after the passage of this act, no Chinese laborer in
the United States shall be permitted, after having left, to return
thereto, except under the conditions stated in the following sec-
tions. (25 Stat. 477.)

Act Sept. 13, 1888, c. 1015, of which this section and the eight sections
next following were part, was entitled "An act to prohibit the coming of
Chinese laborers to the United States."

The act, by section 1 thereof, was to become effective from and after the
date of the exchange of ratifications of a treaty between the United States
and China signed March 12, 1888. That treaty was never ratified, but sec-

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§ 4306 ufMiORATiOM (Tit 29

tions 5-11, 12, 13 of this act were expressly re-enacted by Act April 29, 1902,
c 641, § 1, post, f 4337.

The sections of the Act of Sept 13, 1888^ which were not so re-enacted,
were as follows:

"Be it enacted, etc. That from and after the date of the exchange of ratifica-
tions of the pending treaty between the United States of America and His
Imperial Majesty the Emperor of China, signed on the twelfth day of March,
anno Domini eighteen hundred and eighty-eight, it shall be unlawful for any
Chinese person, whether a subject of China or of any other power, to enter
the United States, except as hereinafter provided.

"Sec. 2. That Chinese officials, teachers, students, merchants, or travelers
for pleasure or curiosity, shall be permitted to enter the United States, but
in order to entitle themselves to do so, they shall first obtain the permission of
the Chinese Government, or other government of which they may at the time
be citizens or subjects. Such permission and also their personal identity shall
in such case be evidenced by a certificate to be made out by the diplomatic
representative of the United States in the country, or of the consular repre-
sentative of the United States at the port or place from which the person
named therein comes. The certificate shall contain a full description of such
person, of his age, height, and general physical features, and shall state his
former and present occupation or profession and place of residence, and shall
be made out in duplicate. One copy shall be delivered open to the person
named and described, and the other copy shall be sealed up and delivered by
the diplomatic or consular officer as aforesaid to the captain of the vessel on
which the person named in the certificate sets sail for the United States, to-
gether with the sealed certificate, which shall be addressed to the collector



Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 73 of 150)