Chapitre XIII

Les tribunaux de district et d'arrondissement des Etats - Unis sont chargés de la juridiction pénale et civile dans tout ce qui a trait aux dispositions de la présente loi.

La présente loi entrera en vigueur le 1er août 1891.

Âdditional Articles to the Treaty oetween the United States and China, of

June 18, 1858.

Whereas since the conclusion of the treaty between the United States of America and the Ta-Tsing Empire (China) of the 18th of June, 1858, circumstances have arisen showing the necessity of âdditional articles thereto, the Président of the United States and the august sovereigen of the Ta-Tsing Empire, have named for their plenipotentiaries , to wit: the Président of the United States of America, William H. Seward, Secretary of State, and his Majesty the Emperor of China, Anson Burlingame, accredited as his Envoy Extraordinary and Minister Plenipotentiary, and Chih-

Immigration des Etrangers.

Kang and Sun Chia-Ku, of the second Chinese rank, associated high envoys and ministers of his said Majesty, and the said plénipotentiaires , after having exchanged their full powers, found to be in due and proper form, have agreed upon the following articles :

Article L

His Majesty the Eraperor of China, being of the opinion that, in making concessions to the citizens or subjets of foreign powers of the privilège of residing on certain tracts of land, or resorting to certain waters of that empire for purposes of trade, he has by no means relinquished his right of eminent domain or dominion over the said land and waters, hereby agrées that no such concession or grant shall be construed to give to any power or party which may be at war with or hostile to the United States the right to attack the citizens of the United States or their property within the said lands or waters. And the United States , for themselves, hereby agrée to abstain from offensively attacking the citizens or subjects of any power or party or their property with which they may be at war on any such tract of land or waters of the said empire. But nothing in this article shall be construed to prevent the United States from resisting an attack by any hostile power or party upon their citizens or their property. It is further agreed that if any right or interest in any tract of land in China has been or shall hereafter be granted by the government of China to the United States or their citizens for purposes of trade or commerce, that grant shall in no event be construed to divest the Chinese authorities of their right of jurisdiction over persons and property within said tract of land , exeept so far as that right may have been expressly relinquished by treaty.

Article II.

The United States of America and his Majesty the Emperor of China, believing that the safety and prosperity of commerce will thereby best be promoted , agrée that any privilège or immunity in respect to trade or navigation within the Chinese dominions which may not have been stipulated for by treaty , shall be subject to the discrétion of the Chinese government and may be regulated by it accordingly , but not in a mariner or spirit incompatible with the treaty stipulations of the parties.

Article III.

The Emperor of China shall have the right to appoint consuls at ports of the United States, who shall enjoy the same privilèges and immunities as those which are enjoyed by public law and treaty in the United States by the consuls of Great Britain and Russia, or either of them.

Article IV.

The twenty-ninth article of the treaty of the 18th of June, 1858,

having stipulated for the exemption of Christian citizens of the United

States and Chinese converts from persécution in China on account of their

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faith, it is further agreed that citizens of the United States in China , of every religious persuasion, and Chinese subjects in the United States, shall enjoy entire liberty of conscience, and shall be exempt from ail disability or persécution on account of their religious faith or worship in either country. Cemeteries for sépulture of the dead , of whatever nativity or nationality, shall be held in respect and free from disturbance or profanation.

Article V.

The United States of America and the Emperor of China cordially recognize the inhérent and inaliénable right of man to change his home and allegiance , and also the mutual advantage of the free migration and émigration of their citizens and subjects, respectively, from the one country to the other, for purposes of curiosity, of trade, or as permanent résidents. The high contracting parties , therefore , join in reprobating any other than an entirely voluntary émigration for thèse purposes. They consequently agrée to pass laws making it a pénal offence for a citizen of the United States or Chinese subjects to take Chinese subjects either to the United States or to any other foreign country, or for a Chinese subject or citizen of the United States to take citizens of the United States to China or to any other foreign country , without their free and voluntary consent respectively.

Article VI.

Citizens of the United States visiting or residing in China shall enjoy the same privilèges, immunities or exemptions in respect to travel or résidence as may there be enjoyed by the citizens or subjects of the most favored nation. And, reciprocally, Chinese subjects visiting or residing in the United States, shall enjoy the same privilèges, immunities, and exemptions in respect to travel or résidence , as may there be enjoyed by the citizens or subjects of the most favored nation. But nothing herein contained shall be held to confer naturalization upon citizens of the United States in China, nor upon the subjects of China in the United States.

Article VII.

Citizens of the United States shall enjoy ail the privilèges of the public educational institutions under the control of the government of China, and, reciprocally, Chinese subjects shall enjoy ail the privilèges of the public educational institutions under the control of the government of the United States, which are enjoyed in the respective countries by the citizens or subjects of the most favored nation. The citizens of the United States may freely establish and maintain schools within the Empire of China at those places where foreigners are by treaty permitted to réside, and , reciprocally , Chinese subjects may enj oy the same privilèges and immunities in the United States.

Article VIII.

The United States, always disclaiming and discouraging ail practices

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of unnecessary dictation and intervention by one nation in the affaira or domestic administration of another , do hereby freely disclaim and disavow any intention or right to intervene in the domestic administration of China in regard to the construction of railroads, telegraphs or other material internai improvements. On the other hand , his Majesty, the Emperor of China, reserves to himself the right to décide the time and manner and circumstances of introducing such improvements within his dominions. With this mutual understanding it is agreed by the contracting parties that if at any time hereafter his impérial Majesty shall détermine to construct or cause to be constructed Works of the character mentioned within the empire, and shall make application to the United States or any other western power for facilities to carry out that policy , the United States will , in that case, designate and authorize suitable engineers to be employed by the Chinese government , and will recommend to other nations an equal compliance with such application, the Chinese government in that case protecting such engineers in their persons and property , and paying them a reasonable compensation for their service.

In faith whereof, the respective plenipotentiaries have signed this treaty and thereto affixed the seals of their arms.

Done at Washington the twenty - eighth day of July , in the year of our Lord one thousand eight hundred and sixty-eight.

William H. Seward.

Anson Burlingame.

Chïh - Kang.

Sun Chia - Ku.

Treaty between the United States and China. Concerning Immigration. Concluded November 17, 1880*).

Whereas, in the eighth year of Hsien Feng, Anno Domini 1858, a treaty of peace and friendship was concluded between the United States of America and China, and to which were added, in the seventh year of Tung Chih , Anno Domini 1868 , certain supplementary articles to the advantage of both parties, which supplementary articles were to be perpetually observed and obeyed: — and

Whereas the Government of the United States, because of the constantly increasing immigration of Chinese laborers to the territory of the United States, and the embarrassments conséquent upon such immigration, now désire to negotiate a modification of the existing Treaties which shall not be in direct contravention of their spirit: —

Now, therefore, the Président of the United States of America has

*) Ratifications exchanged July 19, 1881.

États- Unis, Chine.

appointed James B. Angell, of Michigan, John P. Swift, of California, and William Henry Trescot, of South Carolina as his Commissioners Plenipotentiary; and His Impérial Majesty , the Emperor of China, has appointed Pao Chûn, a member of His Impérial Majesty's Privy Council, and Superintendent of the Board of Civil Office; and Li Hungtsao, a member of His Impérial Majesty's Privy Council, as his Commissioners Plenipotentiary; and the said Commissioners Plenipotentiary, having conjointly examined their full powers, and having discussed the points of possible modification in existing Treaties, have agreed upon the following articles in modification.

Article I.

Whenever in the opinion of the Government of the United States, the coming of Chinese laborers to the United States, or their résidence therein, affects or threatens to affect the interests of that country, or to endanger the good order of the said country or of any locality within the territory thereof, the Government of China agrées that the Government of the United States may regulate, limit, or suspend such coming or résidence, but may not absolutely prohibit it. The limitation or suspension shall be reasonable and shall apply only to Chinese who may go to the United States as laborers , other classes not being included in the limitations. Législation taken in regard to Chinese laborers will be of such a character only as is necessary to enforce the régulation , limitation , or suspension of immigration, and immigrants shall not be subject to personal maltreatment or abuse.

Article II.

Chinese subjets, whether proceeding to the United States as teachers, students, merchants or from curiosity, together with their body and household servants, and Chinese laborers who are now in the United States shall be allowed to go and corne of their own free will and accord, and shall be accorded ail the rights, privilèges, immunities, and exemptions which are accorded to the citizens and subjects of the most favored nation.

Article III.

If Chinese laborers, or Chinese of any other class, now either permanently or temporarily residing in the territory of the United States, meet with ill treatment at the hands of any other persons, the Government of the United States will exert ail its power to devise measures for their protection and to secure to them the same rights, privilèges, immunities, and exemptions as may be enjoyed by the citizens or subjects of the most favored nation, and to which they are entitled by treaty.

Article IV.

The high contracting Powers having agreed upon the foregoing articles, whenever the Government of the United States shall adopt législative measures in accordance therewith, such measures will be communi-

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cated to the Government of China. If the measures as enacted are found to work hardship upon the subjects of China , the Chinese Minister at Washington may bring the matter to the notice of the Secretary of State of the United States, who will consider the subject with him ; and the Chinese Foreign Office may also bring the matter to the notice of the United States Minister at Peking and consider the subject with him , to the end that mutual and unqualified benefit may resuit.

In faith whereof the respective Plénipotentiaires have signed and sealed the foregoing at Peking in English and Chinese being three originals of each text of even ténor and date, the ratifications of which shall be exchanged at Peking within one year from date of its exécution.

Done at Peking, this seventeenth day of November , in the year of our Lord, 1880. Kuanghsti, sixth year, tenth moon, fifteenth day.

James B. Angell.

John F. Swift.

Wm. Henry Trescot.

Pao Chùn.

Li Hungtsao.

Supplemeutal Treaty between the United States and China. Concerning Commercial Intercourse and Judicial Procédure. Concluded November 17,

The Président of the United States of America and His Impérial Majesty the Emperor of China , because of certain points of incompleteness in the existing treaties between the two governments, have named as their commissioners plenipotontiary, that is to say:

The Président of the United States, James B. Angell of Michigan, John F. Swift of California, and William Henry Trescot of South Carolina;

His Impérial Majesty, the Emperor of China, Pao Chun, a member of His Impérial Majesty's privy council and superintendent of the board of civil office, and Li Hungtsao, a member of His Impérial Majesty's privy council , who have agreed upon and concluded the following additional articles:

Article I.

The Governments of the United States and China, recognizing the benefits of their past commercial relations , and in order still further to promote such relations between the citizens and subjects of the two powers, mutually agrée to give the most careful and favorable attention to the représentations of either as to such spécial extension of commercial intercourse as either may désire.

*) Ratifications exchanged, July 19, 1881.

Etats- Unis, Chine.

Article II.

The Governments of China and of the United States mutually agrée and undertake that Chiuese subjects shall not be permitted to import opium into any of the ports of the United States; and citizens of the United States shall not be permitted to import opium into any of the open ports of China; to transport it from one open port to any other open port; or to buy and sell opium in any of the open ports of China. This absolute prohibition, which extends to vessels owned by the citizens or subjects of either power, to foreign vessels employed by thetn, or to vessels owned by the citizens or subjects of either power and employed by other persons for the transportation of opium , shall be enforced by appropriate législation on the part of China and the United States; and the benefits of the favored nation clause in existing treaties shall not be claimed by the citizens or subjects of either power as against the provisions of this article.

Article III.

His Impérial Majesty the Emperor of China hereby promises and agrées that no other kind or higher rate of tonnage dues, or duties for imports or exports, or coastwise trade shall be imposed or levied in the open ports of China upon vessels wholly belonging to citizens of the United States; or upon the produce, manufactures or merchandise imported in the same from the United States; or from any foreign country; or upon the produce, manufactures, or merchandise exported in the same to the United States or to any foreign country; or transported in the same from one open port of China to another, than are imposed or levied on vessels or cargoes of any other nation or on those of Chinese subjects.

The United States hereby promise and agrée that no other kind or higher rate of tonnage dues or duties for imports shall be imposed or levied in the ports of the United States upon vessels wholly belonging to the subjects of His Impérial Majesty and coming either directly or by way of any foreign port, from any of the ports of China which are open to foreign trade, to the ports of the United States; or returning therefrom either directly or by way of any foreign port , to any of the open ports of China; or upon the produce, manufactures or merchandise imported in the same from China or from any foreign country, than are imposed or levied on vessels of other nations which make no discrimination against the United States in tonnage dues or duties on imports, exports, or coastwise trade; or than are imposed or levied on vessels and cargoes of citizens of the United States.

Article IV.

When controversies arise in the Chinese Empire between citizens of the United States and subjects of His Impérial Majesty, which need to be examined and decided by the public officers of the two nations, it is agreed between the Governments of the United States and China that such cases shall be tried by the proper officiai of the nationality of the

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défendant. The properly authorized officiai of the plaintil's nationality shall be freely permitted to attent the trial and shall be treated with the courlesy due to bis position. He shall be granted ail proper facilities for watching the proceedings in the interests of justice. If he so desires, he shall have the right to présent, to examine, and to cross - examine witnesses. If he is dissatisfied with the proceedings , he shall be permitted to protest against them in détail. The law administered will be the law of the nationality of the officer trying the case.

In faith whereof the respective plénipotentiaires have signed and sealed the foregoing at Peking in English and Chinese, being three originals of each text , of even ténor and date , the ratifications of which shall be exchanged at Pekiog within one year from the date of its exécution.

Done at Peking this seventeenth day of November , in the year of our Lord, 1880, Kuaughsu, sixth year, tenth moon, fifteenth day.

James B. Angell.

John F. Swift.

Wm. Henry Trescot.

Pao Chiïn.

Li Hnngtsao.

An act to regulate Immigration. Public No. 195.

Be it enacted by the Senate and House of Représentatives of the United States of America in Congress assembled, That there shall be levied, collected, and paid a duty of fifty cents for each and every passenger not a citizen of the United States who shall corne by steam or sail vessel from a foreign port to any port within the United States. The said duty shall be paid to the collector of customs of the port to which such passenger shall corne, or if there be no collector at such port, then to the collector of customs nearest thereto, by the master, owner, agent, or consignée of every such vessel, within twenty-four hours after the entry thereof into such port. The money thus collected shall be paid into the United States Treasury, and shall constitute a fund to be called the immigrant fund , and shall be used , under the direction of the Secretary of the Treasury , to defray the expense of regulating immigration under this act, and for the care of immigrants arriving in the United States, for the relief of such as are in distress, and for the gênerai purposes and expenses of carrying this act into efifect. The duty imposed by this section shall be a lien upon the vessels which shall bring such passengers into the United States, and shall be a debt in favor of the United States against the owner or owners of such vessels ; and the payment of such duty may be enforced by any légal or équitable remedy. Provided, That no greater sum shall be expended for the purposes hereinbefore mentioned , at any port, than shall have been collected at such port.

Etats- Unis, Chine.

Sec 2. — That the Secretary of the Treasury is hereby charged with the duty of executing the provisions of this act and with supervision over the business of immigration to the United States , and for that purpose he shall have power to enter into contracts with such State commission , board , or officers as may be designated for that purpose by the governor of any State to take charge of the local affairs of immigration in the ports within said State , and to provide for the support and relief of such immigrants therein landing as may fall into distress or need public aid , under the rules and régulations to be prescribed by said Secretary; and it shall be the duty of such State commission, board, or officers so designated to examine into the condition of passengers arrïving at the ports within such State in any ship or vessel , and for that purpose ail or any of such commissioners or officers , or such other person or persons as they shall appoint , shall be authorized to go on board of and through any such ship or vessel; .and if on such examination there shall be found among such passengers any convict, lunatic , idiot , or any person unable to take care of himself or herself without becoming a public charge , they shall report the same in writing to the collector ef such port, and such persons shall not be permitted to land.

Sec. 3. — That the Secretary of the Treasury shall establish such régulations and rules and issue from time to time such instructions not inconsistent with law as he shall deem best calculated to protect the United States and immigrants into the United States from fraud and loss , and for carrying out the provisions of this act and the immigration laws of the United States ; and he shall prescribe ail forms of bonds, entries, and other papers to be used under and in the enforcement of the various provisions of this act.

Sec. 4. — That ail foreign convicts except those convicted of political offenses, upon arrivai , shall be sent back to the nations to which they belong and from whence they came. The Secretary of the Treasury may designate the State board of charities of any State in which such board shall exist by law , or any commission in any State , or any person or persons in any State whose duty it shall be to exécute the provisions of this section without compensation. The Secretary of the Treasury shall prescribe régulations for the return of the aforesaid persons to the countries from whence they came , and shall furnish instructions to the board, commission, or persons charged with the exécution of the provisions of this section as to the mode of procédure in respect thereto , and may change such instructions from time to time. The expense of such return of the aforesaid persons not permitted to land shall be borne by the owners of the vessels in which they came.

Sec. 5. — That this act shall take effect immediately.

Approved, August 3, 1882.

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An Act to prohibit the importation and migration of foreigners and aliens untler contract or agreement to perform labor in the United States, its Territories, and the District of Colunibia. [Public — No. 52.]

Be it enacted by the Senate and House of Représentatives of the United States of America in Congress assembled, That from and after the passage of this act it shall be unlawful for any porson , company , partnership, or corporation, in any manner whatsoever, to prepay the transportation, or in any way assist or encourage the importation or migration of any alien or aliens , any foreigner or foreigners , into the United States, its Territories, or the District of Columbia, under contract or agreement, paroi or spécial, express or implied, made previous to the importation or migration of such alien or aliens, foreigner or foreigners, to perform labor or service of any kind in the United States, its Territories, or the District of Columbia.

Sec. 2. That ail contracts or agreements, express or implied, paroi or spécial , which may hereafter be made by and between any person, company, partnership, or corporation, and any foreigner or foreigners, alien or aliens , to perform labor or service or having référence to the performance of labor or service by any person in the United States , its Territories , or the District of Columbia previous to the migration or importation of the person or persons whose labor or service is contracted for into the United States, shall be utterly void and of no effect.

Sec. 3. That for every violation of any of the provisions of section one of this act the person, partnership, company, or corporation violating the same, by knowingly assisting , encouraging or soliciting the migration or importation of any alien or aliens , foreigner or foreigners , into the United States, its Territories, or the District of Columbia, to perform labor or service of any kind under contract or agreement, express or implied, paroi or spécial, with such alien or aliens, foreigner or foreigners, previous to becoming résidents or citizens of the United States , shall forfeit and pay for every such ofîence 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 including any such alien or foreigner who may be a party to any such contract or agreement, as debts of like amount are now recovered in the circuit courts of the United States; the proceeds to be paid into the Treasury of the United States ; and separate suits may be brought for each alien or foreigner being a party to such contract or agreement aforesaid. And it shall be the duty of the district atorney of the proper district to prosecute every such suit at the expense of the United States.

Sec. 4. That the master of any vessel who shall knowingly bring within the United States on any such vessel, and land , or permit to be landed , from any foreign port or place, any alien laborer, mechanic, or artisan who, previous to embarkation on such vessel, had entered into contract or agreement, paroi or spécial , express or implied , to perform

États - Unis , Chine.

labor or service in the United States, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine of not more than five hundred dollars for each and every such alien laborer, mechanic or artisan so brought as aforesaid, and may also be iraprisoned for a term not exceeding six months.

Sec. 5. That nothing in this act shall be so coustrued as to prevent any citizen or subject of any foreign country temporarily residing in the United States, either in private or officiai capacity, from engaging , under contract or otherwise, persons not résidents or citizens of the United States to act as private secretaries , servants , or domestics for such foreigner temporarily residing in the United States as aforesaid ; nor shall this act be so construed as to prevent any person, or persons, paitnersbip, or corporation from engaging, under contract or agreement, skilled workman in foreign countries to perform labor in the United States in or upon any new industry not at présent established in the United States : Provided, That skilled labor for that purpose cannot be otherwise obtained ; nor shall the provisions of this act apply to professional actors , artists , lecturers, or singers, nor to persons employed strict ly as personal or domestic servants : Provided, That nothing in this act shall be construed as prohibiting any individual from assisting any member of his family or any relative or personal friend, to migrate from any foreign country to the United States, for the purpose of settlement there.

Sec. 6. That ail laws or parts of laws conflictiug herewith be, and the same are hereby, repealed.

Approved, February 26, 1885.

An act to prohibit the coming- of Chinese laborersto the United States.

[Public — No. 287.]

Be it enacted by the Senate and House of Représentatives of the United States of America in Congress assembled , That from and after the date of the exchange of ratifications of the pending treaty between the United States of America and His Impérial 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 herejnafter provided.

Sec. 2. That Chinese officiais, 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 subjets. Such permission and also their personal identity shall in such case be evidenced by a certificate to be made out by the diplomatie représentative of the United States in the country, or of the consular représentative of the United States at the

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port or place from which the person named therein cornes. The certificate shall contain a full description of such person, of his âge, height, and gênerai physical features, and shall state his former and présent occupation or profession and place of résidence, 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 diplomatie 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, together with the sealed certificate, which shall be adressed to the collector of customs at the port where such person is to land. There shall be delivered to the aforesaid captain a letter from the consular officer addressed to the collector of customs aforesaid, and stating that said consular officer has on a certain day delivered to the said captain a certificate of the right of the person named therein to enter the United States as a Chinese officiai, or other exempted person, as the case may be. And any captain who lands or attempts to land a Chinese person in the United States, without having in his possession a sealed certificate , as required in this section, shall be liable to the penalties prescribed in section nine of this act.

Sec. 3. That the provisions of this act shall apply to ail persons of the Chinese race, whether subjects of China or other foreign power, excepting Chinese diplomatie or consular officers and their attendants; and the words » Chinese laborers,« whenever used in this act, shall be construed to mean both skilled and unskilled laborers and Chinese employed in mining.

Sec. 4. That the master of any vessel arriving in the United States from any foreign port or place with any Chinese passengers on board shall, when he delivers his manifest of cargo, and if there be no cargo, when he makes légal entry of his vessel, and before landing or permitting to land any Chinese person (unless a diplomatie or consular officer, or attendant of such officer), deliver to the collector of customs of the district in which the vessel shall have arrived the sealed certificates and letters as aforesaid , and a separate list of ail Chinese persons taken on board of his vessel at any foreign port or place, and of ail such persons on board at the time of arrivai as aforesaid. Such list shall show the names of such persons and other particulars as shown by their open certificates, or other évidences required by this act, and such list shall be sworn to by the master in the manner required by law in relation to the manifest of the cargo.

The master of any vessel as aforesaid shall not permit any Chinese diplomatie or consular officer or attendant of such officer to land without having first been informed by the collector of customs of the officiai character of such officer or attendant. Any refusai or willful neglect of the master of any vessel to comply with the provisions of this section shall incur the same penalties and forfeitures as are provided for a refusai or neglect to report and deliver a manifest of the cargo.

Sec. 5. That 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 sections.

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Sec. 6. That no Chinese laborer within the purview of the preceding section shal be permitted to return to the United States unless he bas a lawful wife , child, or parent in the United States, or property therein of the value of one thousand dollars , or debts of like amount due him and pending seulement. The marriage to such wife must have taken place at least a year prior to the application of the laborer for a permit to return to the United States, and must have been followed by the continuous cohabitation of the parties as man and wife.

If the right to return be claimed on the ground of property or of debts, it must appear that the property is bona fide and not colorably acquired for the purpose of evading this act, or that the debts are unascertained and unsettled , and not promissory notes or other similar acknowledgments of ascertained liability.

Sec. 7. That a Chinese person claiming the right to be permitted to leave the United States and return thereto on any of the grounds stated in the foregoing section, shall apply to the collector of customs of the district from which he wishes to départ at least a month prior to the time of his departure , and shall make on oath before the said collector a full statement descriptive of his family , or property , or debts, as the case may be, and shall furnish to said collector such proofs of the facts entitling him to return as shall be required by the rules and régulations prescribed from time to time by the Secretary of the Treasury, and for any false swearing in relation thereto he shall incur the penalties of perjury. He shall also permit the collector to take a full description of his person , which description the collector shall retain and mark with a number. And if the collector, after hearring the proofs and investigating ail the circumstances of the case, shall décide to issue a certificate of return , he shall at such time and place as he may designate , sign and give to the person applying a certificate containing the number of the description last aforesaid , which shall be the sole évidence given to such person of his right to return. If this last named certificate be transferred, it shall become void, and the person to whom it was given shall forfeit his right to return to the United States. The right to return under the said certificate shall be limited to one year; but it may be extended for an additional period , not to exceed a year, in cases where, by reason of sickness or other cause of disability beyond his control, the holder thereof shall be rendered unable sooner to return, which facts shall be fully reported to and investigated by the consular représentative of the United States at the port or place from which such laborer départs for the United States , and certified by such représentative of the United States to the satisfaction of the collector of customs at the port where such Chinese person shall seek to land in the United States , such certificate to be delivered by said représentative to the master of the vessel on which he départs for the United States. And no Chinese laborer shall be permitted to re-enter the United States without producing to the proper officer of the customs at the port of such entry the return certificate herein required. A Chinese laborer possessing

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a certificate under this section shall be admitted to the United States only at the port from which he departed therefrom, and no Chinese person, except Chinese diplomatie or consular officers, and their attendants, shall be permitted to enter the United States except at the ports of San Francisco, Portland, Oregon , Boston, New York, New Orléans, Port Townsend, or such other ports as may be designated by the Secretary of the Treasury.

Sec. 8. That the Secretary of the Treasury shall be, and he hereby is , authorized and empowered to make and prescribe , and from time to time to change and amend such rules and régulations , not in conflict with this act, as he may deem necessary and proper to conveniently secure to such Chinese persons as are provided for in articles second and third of the said treaty between the United States and the Empire of China, the rights therein mentioned , and such as shall also protect the United States against the coming and transit of persons not entitled to the benefit of the provisions of said articles. And he is hereby further authorized and empowered to prescribe the form and substance of certificates to be issued to Chinese laborers under and in pursuance of the provisions of said articles, and prescribe the form of the record of such certificate and of the proceedings for issuing the same, and he may require the deposit, as a part of such record, of the photograph of the party to whoui any such certificate shall be issued.

Sec. 9. That the master of any vessel who shall knowingly bring within the United States on such vessel, and land, or attempt to land, or permit to be landed any Chinese laborer or other Chinese person, in contravention of the provisions of this act , shall be deemed guilty of a misdemeanor and, on conviction thereof, shall be punished with a fine of not less than five hundred dollars nor more than one thousand dollars, in the discrétion of the court , for every Chinese laborer or other Chinese person so brought , and may also be imprisoned for a term of not less than one year , nor more than five years , in the discrétion of the court.

Sec. 10. That the foregoing section shall not apply to the case of any master whose vessel shall come within the jurisdiction of the United States in distress or under stress of weather or touching at any port of the United States on its voyage to any foreign port or place. But Chinese laborers or persons on such vessel shall not be permitted to land, except in case of necessity, and must départ with the vessel on leaving port.

Sec. 11. That any person who shall knowingly and falsely alter or substitute any:name for the name written in any certificate herein required, or forge such certificate, or knowingly utter any forged or fraudulent certificate, or falsely personate any person named in any such certificate, and any person other than the one to whom a certificate was issued who shall falsely présent 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 that five years.

Sec. 12. That before any Chinese passengers are landed from any Nouv. Recueil Gèn. 2. S. XX. H

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such vessel, the collector, or his deputy , shall proceed to examine such passengers, comparing the certifiâtes with the list and with the passengers; and no passenger shall be allowed to land in the United States from such vessel in violation of law ; and the collector shall in person décide ail questions in dispute with regard to the right of any Chinese passenger to enter the United States , and his décision shall be subject to review by the Secretary of the Treasury, and not otherwise.

Sec. 13. That any Chinese person , or person of Chinese descent, found unlawfully in the United States, or its Territories, may be arrested upon a warrant issued upon a complaint, under oath, filed by any party on behalf of the United States, by any justice, judge, or commissioner of any United States court, returnable before any justice, judge, or commissioner of a United States court , or before any United States court , and when convîcted, upon a hearing , and found and adjudged to be one not lawfully entitled to be or remain in .the United States , such person shall be removed from the United States to the country whence he came. But any such Chinese person convicted before a commissioner of a United States court may, within ten days from such conviction , appeal to the judge of the district court for the district. A certified copy of the judgment shall be the process upon which said removal shall be made, and it may be executed by the marshal of the district , or any officer having authority of a marshal under the provisions of this section. And in ail such cases the person who brought or aided in bringing such person into the United States shall be liable to the Government of the United States for ail necessary expenses incurred in such investigation and removal ; and ail peace officers of the several States and Territories of the United States are hereby invested with the same authority in référence to carrying out the provisions of this act , as a marshal or debuty marshal of the United States, and shall be entitled to like compensation, to be audited and paid by the same officers.

Sec. 14. That the preceding sections shall not apply to Chinese diplomatie or consular officers or their attendants, who shall be admitted to the United States under spécial instructions of the Treasury Department, without production of other évidence than that of personal identity.

Sec. 15. That the act entitled »An act to exécute certain treaty stipulations relating to Chinese, « approved May sixth , eighteen hundred and eighty-two, and an act to amend said act approved July fifth, eighteen hundred and eighty-four, are hereby repealed to take effect upon the ratification of the pending treaty as provided in section one of this act.

Approved, September 13, 1888.

Immigration des Etrangers.

Au act a s up plein eut to an act entitled »An act to exécute certain treaty stipulations relatiugr to Chinese,* approved the sixth day of May eighteen hundred and eighty-two. [Public — No. 305 ]

Be it enacted by the Senate and House of Représentatives of the United States of America in Congress assembled, That 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 résident within the United States , and who shall have departed, or shall départ, therefrom, and shall not have returned before the passage of this act, to return to, or remain in, the United States.

Sec. 2. That no certifiâtes of identity provided for in the fourth and fifth sections of- the act to which this is a supplément shall hereafter be issned ; and every certificate heretofore issued in pursuance thereof , is hereby declared void and of no effect, and the chinese laborer claiming admission by virtue thereof shall not be permitted to enter the United States.

Sec. 3. That ail the duties prescribed, liabilities, penalties and forfeitures imposed, and the powers conferred by the second, tenth, eleventh, and twelfth , sections of the act to which this is a supplément are hereby extended and madè applicable to the provisions of this act.

Sec. 4.. That ail such part or parts of the act to which this is a supplément as are inconsistent herewith are hereby repealed.

Approved, October 1, 1888.

An act makiug- an appropriation for the en fore émeut of the Chinese exclusion act. [Public — No. 339.]

Be it enacted by the Senate and Honse of Représentatives of the United States of America in Congress assembled, That for the purpose of carrying into effect the provisions of the act approved October first, eighteen hundred and eighty - eight , entitled »An act a supplément to an act entitled 'An act to exécute certain Treaty Stipulations Relating to Chinese,' « approved the sixth day of May, eighteen hundred and eightytwo, and to defray the expenses which may be incurred in the enforcement of said act by the Secretary of the Treasury during the fiscal year eighteen hundred and eightynine , the sum of fifty thousand dollars , or so much thereof as may be necessary, be and the same is hereby appropriated out of any money in the Treasury not otherwise appropriated.

Approved, October 19, 1888.

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An act in amendaient to the various acts relative to immigration and the importation of aliens uuder contract or agreement to perform labor. [Public — No. 152.]

Be it enacted by the Senate and House of Représentatives of the United States of America in Congress assembled, That the following classes of aliens shall be excluded from admission into the United States, in acco dance with the existing acts regulating immigration, other than those concerning Chinese laborers: Ail idiots, insane persons, paupers or persons likely to become a public charge, persons suffering from a loathsome or a dangerous contagious disease, persons who have been convicted of a felony or other infamous crime or misdemeanor involving moral turpitude, polygamists, and also any person whose ticket or passage is paid for with the money of another or who is assisted by others to corne , unless it is affirmatively and satisfactorily shown on spécial inquiry that such person does not belong to one of the foregoing excluded classes, or to the class of contract laborers excluded by the act of February twenty-sixth , eighteen hundred and eigthy-five, but this section shall not be held to exclude persons living in the United States from sending for a relative or friend who is not of the excluded classes under such régulations as the Secretary of the Treasury may prescribe : Provided, That nothing in this act shall be construed to apply to or exclude persons convicted of a political offense, notwithstanding said political offense may be designated as a »felony, crime, infamous crime, or misdemeanor, involving moral turpitude« by the laws of the land wheuce he came or by the court convicting.

Sec. 2. That no suit or proceeding for violations of said act of February twenty-sixth , eighteeu hundred and eigthy-five , prohibiting the importation and migration of foreigners under contract or agreement to perform labor, shall be settled, compromised, or discontinued without the consent of the court entered of record with reasons therefor.

Sec. 3. That it shall be deemed a violation of said act of February twenty-sixth, eighteen hundred and eighty-five, to assist or encourage the importation or migration of any alien by promise of employment through advertissements printed and published in any foreign country ; and any alien coming to this country in conséquence of such an advertisement shall be treated as coming under a contract as contemplated by such act ; and the penalties by said act imposed shall be applicable in such a case) Provided, This section shall not apply to States and Immigration Bureaus of States advertising the inducements they offer for immigration to such States.

Sec. 4. That no steamship or transportation company or owners of vessels shall directly, or through agents, either by writing, printing, or oral représentations, solicit, invite or encourage the immigration of any alien into the United States except by ordinary commercial letters , circulars, advertisements, or oral représentations , stating the sailings of their vessels and the terms and facilities of transportation therein ; and for a violation of this provision any such steamship or transportation company, and any such owners of vessels, and the agents by them employed, shall

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be subjected to the penalties imposed by the third section of said act of February twenty-sixth, eighteen hundred and eighty-five, for violations of the provisions of the first section of said act.

Sec. 5. That section five of said act of February twenty-sixth, eighteen hundred and eighty-five, shall be , and hereby is , amended by adding to the second proviso in seid section the words »nor to ministers of any religious dénomination, nor persons belonging to any recognized profession, nor professors for collèges and seminaries,« and by excluding from the second proviso of said section the words »or any relative or personal friend.«

Sec. 6. That any person who shall bring into or land in the United States by vessel or otherwise, or who shall aid to bring into or land in the United States by vessel or otherwise, any alien not lawfully entitled to enter the United States shall be deemed guilty of a misdemeanor , and shall, on conviction, be punished by a fine not exceeding one thousand dollars, or by imprisonment for a term not exceeding one year , or by both such fine and imprisonment.

Sec. 7. That the office of superintendent of immigration is hereby created and established, and the Président, by and with the advice and consent of the Senate , is authorized and directed to appoint such officer, whose salary shall be four thousand dollars per annum, payable monthly. The superintendent of immigration shall be an officer in the Treasury Department, under the control and supervision of the Secretary of the Treasury, to whom he shall make annual reports in writing of the transactions of his office, together with such spécial reports, in writing, as the Secretary of the Treasury shall require. The Secretary shall provide the superintendent with a suitabl furnished office in the city of Washington, and with such books of record and facilities for the discharge of the duties of his office as may be necessary. He shall have a chief clerk, at a salary of two thousand dollars per annum, and two first-class clerks.

Sec. 8. That upon the arrivai by water at any place within the United States of any alien immigrants it shall be the duty of the commanding officer and the agents of the steam or sailing vessel by which they came to report the name, nationality, last résidence, and destination of every such alien, before any of them are landed, to the proper inspection officers, who shall thereupon go or send compétent assistants on board such vessel and there inspect ail such aliens, or the inspection officiers may order the temporary of such aliens for examination at a designated time and place, and then and there detain them until a thorough inspection is made. But such removal shall not be considered a landing during the pendency of such examination. The médical examination shall be made by surgeons of the Marine Hospital Service. In cases where the services of a Marine Hospital Surgeon can not be obtained without causing unreasonable delay the inspector may cause an alien to be examined by a civil surgeon and the Secretary of the Treasury shall fix the compensation for such examination. The inspection officers and their assistants shall have power to administer oaths, and to take and consider testimony

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touching the right of any such aliens to enter the United States, ail of which shall be entered of record. During such inspection after temporary removal the superintendent thall cause such aliens to be properly housed, fed, and cared for, and also, in his discrétion, such as are delayed in proceeding to their destination after inspection. Ail décisions made by the inspection officers or their assistants touching the right, of any alien to land, when adverse to such right, shall be final unless appeal be taken to the superintendent of immigration, whose action shall be subject to review by the Secretary of the Treasury. It shall be the duty of the aforesaid officers and agents of such vessel to adopt due précautions to prevent the landing of any alien immigrant at any place or time other than that designated by the inspection officers, and any such officer or agent or person in charge of such vessel who shall either knowingly or negligeutly land or permit to land any alien immigrant at any place or time other than that designated by the inspection -officers, shall be deemed guilty of a misdemeanor and punished by a fine not exceeding one thousand dollars, or by imprisonment for a term not exceeding one year, or by both such fine and imprisonment.

That the Secretary of the Treasury may presciïbe rules for inspection along the borders of Canada, British Columbia, and Mexico so as not to obstruct or unnecessarily delay, impede, or annoy passengers in ordinary travel between said conntries : Provided , That not exceeding one înspector shall be appointed for each customs district , and whose salary shall not exceed twelve hundred dollars per year.

Ail duties imposed and powers conferred by the second section of the act of August third , eighteen hundred and eighty - two , upon State commissioners, boards, or officers acting under contract with the Secretary of the Treasury shall be performed and exercised, as occasion may arise, by the inspection officers of the United States.

Sec. 9. That for the préservation of the peace and in order that arrests may be made for crimes under the laws of the States where the various United States immigrant stations are located, the officiais in charge of such stations as occasion may require shall admit therein the proper State and municipal officers charged with the enforcement of such laws, and for the purposes of this section the jurisdiction of such officers and of the local courts shall extend over such stations.

Sec. 10. That ail aliens who may unlawfully corne to the United States shall, if practicable, be immediately sent back on the vessel by which they were brought in. 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 vessel on which such aliens came ; and if any master, agent, consignée, or owner of such vessel shall refuse to receive back on board the vessel such aliens, or shall neglect to detain them thereon, or shall refuse or neglect to return them to the port from which they came, or to pay the cost of their maintenance while on land , such master, agent, consignée, or owner shall be deemed guilty of a misdemeanor , and shall be punished by a fine not less than three hundred dollars

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for each and every offense ; and any such vessel shall not have clearance from any port of the United States while any such fine is unpaid.

Sec. 11. That any alien who shall corne into the United States in violation of law may be returned as by law provided, at any time within one year thereafter, at the expense of the person or persons, vessel, transportation company , or corporation bringing such alien into the United States, and if that can not be done, then at the expense of the United States; and any alien who becomes a public charge within one year after his arrivai in the United States from causes existing prior to his landing therein shall be deemed to have corne in violation of law and shall be returned as aforesaid.

Sec. 12. That nothing contained in this act shall be construed to affect any prosecution or other proceeding, criminal or civil , begun under any existing act or any acts hereby araended , but such prosecution or other proceedings, criminal or civil, shall proceed as if this act had not been passed.

Sec. 13. That the circuit and district courts of the United States are hereby invested with full and concurrent jurisdiction of ail causes, civil and criminal, arising under any of the provisions of this act; and this act shall go into effect on the first day of April , eighteen hundred and ninety-one.

Approved, March 3, 1891.

Circular. Exclusion of Chinese.

1892. Treasury Department,

Department No. 69. Office of the Secretary,

Division of Spécial Agents. Washington, D. C, May 7, 1892.

To Collectors and other Officers of the Customs :

The act approved May 5, 1892, entitled »An Act to prohibit the coming of Chinese persons into the United States ,« and continuing in force for a period of ten years from said date ail laws then in force prohibiting and regulating the coming into this country of Chinese persons and persons of Chinese descent, is printed below for the information and guidance of Collectors of Customs, Collectors of Internai Revenue, Chinese Inspectors , and ail other persons concerned.

The several acts of Congress upon the subject referred to in said act approved May 5 , 1892, are also appended for gênerai information.

The act approved September 13, 1888, being dépendent upon the ratification of the then pending treaty with China, which treaty was not ratified , is omitted.

The instructions heretofore prescribed for the guidance of officers whose duty it is to enforce thèse laws will continue to be observed.

120 Etats-Unis d'Amérique.

Régulations will be hereafter prescribed as to the certifiâtes which are to be issued within one year from the date of the passage of the act approved May 5, 1892, to Chinese laborers now within the limits of the United States, and to Chinese persons other than laborers having a right to be and remain in the United States, and who may désire to obtain such certificates as évidence of such right.

Cliarles Foster,

Secretary.

[Public No. 50.]

An act to prohibit the coming of Chinese persons into the United States.

Be it enacted by the Senate and House of Représentatives of the United States of America in Congress assembled , That ail laws now in force prohibiting and regulating the cpming into this country of Chinese persons and persons of Chinese descent are hereby continued in force for a period of ten years from the passage of this act.

Sec. 2. That any Chinese person or person of Chinese descent, when convicted and adjudged under any of said laws to be not lawfully entitled to be or remain in the United States, shall be removed from the United States to China, unless he or they shall make it appear to the justice, judge, or commissioner before whom he or they are tried that he or they are subjects or citizens of some other country , in which case he or they shall be removed from the United States to such country : Provided, That in any case where such other country of which such Chinese person shall claim to be a citizen or subject shall demand any tax as a condition of the removal of such person to that country, he or she shall be removed to China.

Sec. 3. That any Chinese person or person of Chinese descent arrested under the provisions of this act or the acts hereby extended shall be adjudged to be unlawfully within the United States unless such person shall establish, by affirmative proof, to the satisfaction of such justice, judge , or commissioner , his lawful right to remain in the United States.

Sec. 4. That any such Chinese person or person of Chinese descent convicted and adjudged to be not lawfully entitled to be or remain in the United States shall be imprisoned at hard labor for a period of not exceeding one year and thereafter removed from the United States, as hereinbefore provided.

Sec. 5. That after the passage of this act, on au application to any judge or court of the United States in the first instance for a writ of habeas corpus, by a Chinese person seeking to land in the United States, to whom that privilège has been denied, no bail shall be allowed, and such application shall be heard and determined promptly without unnecessary delay.

Sec. 6. And it shall be the duty of ail Chinese laborers within the limits of the United States at the time of the passage of this act, and who are entitled to remain in the United States, to apply to the collector

Immigration des Etrangers.

of internai revenue of their respective districts , within one year after the passage of this act, for a certificate of résidence , aud any Chinese laborer within the limits of the United States who shall neglect , fail , or refuse to comply with the provisions of this act , or who, after one year frora the passage hereof , shall be found within the jurisdiction of the United States without such certificate of résidence, shall be deemed and adjudged to be unlawfully within the United States , and may be arrested by any United States customs officiai, collector of internai revenue or his deputies, United States marshal or his deputies, and taken before a United States judge, whose duty it shall be to order that he be deported from the United States as hereinbefore provided, unless he shall establish clearly to the satisfaction of said judge that by reason of accident, sickness or other unavoidable cause , he has been unable to procure his certificate , and to the satisfaction of the court, and by at least one crédible white witness, that he was a résident of the United States at the time of the passage of this act ; and if upon the hearing it shall appear that he is so entitled to a certificate , it shall be granted upon his paying the cost. Should it appear that said Chinaman had procured a certificate which has been lost or destroyed , he shall be detuined and judgement suspended a reasonable time to enable him to procure a duplicate from the officer granting it, and in such cases the cost of said arrest and trial shall be in the discrétion of the court. And any Chinese person, other than a Chinese laborer, having a right to be and remain in the United States, desiring such certificate as évidence of such right, may apply foi and receive the same without charge.

Sec. 7. That immediately after the passage of this act the Secretary of the Treasury shall make such rules and régulations as may be necessary for the efficient exécution of this act , and shall prescribe the necessary forms and furnish the necesary blanks to enable collectors of internai revenue to issue the certifiâtes required hereby, and make such provisions that certifiâtes may be procured in localities convenient to the applicants. Such certificates shall be issued without charge to the applicant, and shall contain the name , âge , local résidence , and occupation of the applicant, and such other description of the applicant, as shall be prescribed by the Secretary of the Treasury , and a duplicate thereof shall be filed in the office of the collector of internai revenue for the district within which such Chinaman makes application.

Sec. 8. That any person who shall knowingly and falsely alter or substitute any name for the name written in such certificate or forge such certificate, or knowingly utter any forged or fraudulent certificate, or falsely personate any person named in such certificate, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding one thousand dollars or imprisoned in the penitentiary for a term of not more that five years.

Sec. 9. The Secretary of the Treasury may authorize the payment of such compensation in the nature of fees to the collectors of internai revenue, for services performed under the provisions of this act, in

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addition to salaries now allowed by law, as he shall deem necessary, not exceeding the sum of one dollar for each certificate issued. Approved, May 5, 1892.

An act to exécute certain treaty stipulations relating to Chinese.

Whereas, in the opinion of the Government of the United States, the coming of Chinese laborers to this country endangers the good order of certain localities within the territory thereof: Therefore,

Be it enacted by the Senate and House of Représentatives of the United States of America in congress assembled , That from and after the expiration of ninety days next after the passage of this act, and until the expiration of ten years next after the passage of this act, the coming of Chinese laborers to the United States' be, and the same is hereby, suspended; and during such suspension it shall not be lawful for any Chinese laborer to corne, or, having so corne after the expiration of said ninety days, to remain within the United States.

Sec. 2. That the master of any vessel who shall knowingly bring within the United States on such vessel, and land or permit to be landed, any Chinese laborer, from any foreign port or place, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than five hundred dollars for each and every such Chinese laborer so brought, and may be also imprisoned for a term not exceeding one year.

Sec. 3. That the two foregoing sections shall not apply to Chinese laborers who where in the United States on the seventeenth day of November, eighteen hundred and eighty, or who shall have corne into the same before the expiration of ninety days next after the passage of this act , and who shall produce to such master before going on board such vessel, and shall produce to the collector of the port in the United States at which such vessel shall arrive, the évidence hereinafter in this act required of his being one of the laborers in this section mentioned ; nor shall the two foregoing sections apply to the case of any master whose vessel, being bouud to a port not within the United States, shall corne within the jurisdiction of the United States by reason of being in distress or in stress of weather , or touching at any port of the United States on its voyage to any foreign port or place: Provided , That ail Chinese laborers brought on such vessel shall départ with the vessel on leaving port.

*)[Sec. 4. That for the purpose of properly identifying Chinese laborers who were in the United States on the seventeenth day of November, eighteen hundred and eighty, or who shall have corne into the same before the expiration of ninety days next after the passage of this act, and in

*) See Act approved October 1, 1888, which prohibits the issuance of certificates of identity of Chinese laborers and déclares void such certificates theretofore issued.

Immigration des Etrangers.

order to furnish them with the proper évidence of their right to go frora and corne to the United States of their free will and accord, as provided by the treaty between the United States and China dated November seventeenth , eighteen hundred and eighty, the collector of custoras of the district frona which any such Chinese laborer shall départ frora the United States shall, in person or by deputy, go on board each vessel having on board any such Chinese laborer and cleared or about to sail from his district for a foreign port, and on such vessel make a list of ail such Chinese laborers, which shall be entered in registry-books to be kept for that purpose, in which shali be stated the nantie, âge, occupation, last place of résidence, physical marks or peculiarities , and ail facts necessary for the identification of each of such Chinese laborers , which books shall be safely kept in the custom-house ; and every such Chinese laborer so departing from the United States shall be entitled to, and shall receive, free of any charge or cost upon application therefor , from the collector or his deputy , at the time such list is taken, a certificate, signed by the collector or his deputy and attested by his seal of office, in such form as the Secretary of the Treasury shall prescribe , which certificate shall contain a statement of the name, âge, occupation, last place of résidence, personal description , and facts of identification of the Chinese laborer to whom the certificate is issued, corresponding with the said list and registry in ail particulars. In case any Chinese laborer after having received such certificate shall leave such vessel before her departure he shall deliver his certificate to the master of the vessel, and if such Chinese laborer shall fail to return to such vessel before her departure from port the certificate shall be delivered by the master to the collector of customs for cancellation. The certificate herein provided for shall entitle the Chinese laborer to whom the same is issued to return to and re-enter the United States upon producing and delivering the same to the collector of customs of the district at which such Chinese laborer shall seek to re-enter ; and upon delivery of such certificate by such Chinese laborer to the collector of customs at the time of re-entry in the United States, said collector shall cause the same to be filed in the custom-house and duly canceled.] *) [Sec. 5. Tbat any Chinese laborer mentioned in section four of this act being in the United States, and desiring to départ from the United States by land, shall have the right to demand and receive, free of charge or cost, a certificate of identification similar to that provided for in section four of this act to be issued to such Chinese laborers as may désire to leave the United States by water ; and it is hereby made the duty of the collector of customs of the district next adjoining the foreign country to which said Chinese laborer desires to go to issue such certificate , free of charge or cost, upon application by such Chinese laborer, and to enter-

*) See Act approved October 1, 1888, which prohibits the issuance of certificates of identity of Chinese laborers and déclares void such certificates theretofore isued.

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the same upon registry-books to be kept by him for the purpose, as provided for in section four of this act.]

Sec. 6. That in order to the faithful exécution of articles one and two of the treaty in this act before mentioned, every Chinese person other than a laborer who may be entitled by said treaty and this act to corne within the United States, and who shall be about to corne to the United States, shall be identified as so entitled by the Chinese Government in each case, such identity to be evidenced by a certificate issued under the authority of said government, which certificate shall be in the English language or (if not in the English language) accompanied by a translation into Enghlish, stating such right to corne, and which certificate shall state the name, title, or officiai rank, if any, the âge, height, and ail physical peculiarities, former and présent occupation or profession, and place of résidence in China of the person to whom the certificate is issued and that such person is ent'itled conformably -to the treaty in this act mentioned to corne within the United States. Such certificate shall be prima-facie évidence of the fact set forth therein, and shall be produced to the collector of customs, or his deputy, of the port in the district in the United States at which the person named therein shall arrive.

Sec. 7. That any person who shall knowingly and falsely alter or substitute any name for the name written in such certificate or forge any such certificate, 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.

Sec. 8. That 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 ail Chinese passengers taken on board his vessel at any foreign port or place, and ail such passengers on board the vessel at that time. Such lists shall show the names of such passengers (and if accredited officers of the Chinese Government traveling on the business of that government, or their servants, with a note of such facts), and the names and other particulars, 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 willful refusai or 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 refusai or neglect to report and deliver a manifest of the cargo.

Sec. 9. That before any Chinese passengers are landed from any such vessel , the collector or his deputy shall proceed to examine such passengers, comparing the certificates with the list and with the passengers;

Immigration des Etrangers.

and no passenger shall be allowed to land in the United States from such vessel in violation of law.

Sec. 10. That every vessel whose master shall knowingly violate any of the provisions of this act shall be deemed forleited 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.

Sec 11. That any person who shall knowingly bring into or cause to be brought into the United States by land , or who shall knowingly 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.

Sec. 12. That no Chinese person shall be permitted to enter the United States by land without producing to the proper ofticer of customs the certificate 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, by direction of the Président of the United States, 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 remain iu the United States.

Sec. 13. That this act shall not apply to diplomatie and other officers of the Chinese Government traveling upon the business of that government, whose credentials shall be taken as équivalent 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.

Sec. 14. That hereafter no State court or court of the United States shall admit Chinese to citizenship ; and ail laws in conflict with this act are hereby repealed.

Sec. 15. That the words »Chinese laborers«, wherever used in this act , shall be construed to mean both skilled and unskilled laborers and Chinese employed in mining.

Approved, May 6, 1882.

An act to amend an act entitled »An act to exécute certain treaty stipulations relating to Chinese, approved May sixth, eighteen hundred and

eighty-two. «

Be it enacted by the Senate and House of Représentatives of the United States of America in Congress assembled, That section one of the act entitled »An act to exécute certain treaty stipulations relating to Chinese, « approved May sixth, eighteen hundred and eighty-two, is hereby amended so as to read as follows:

Whereas in the opinion of the Government of the United States the coming of Chinese laborers to this country endangers the good order of certain localities within the territory thereof; Therefore

Etats - Unis d'Amérique.

Be it enacted by the Senate and House of Représentatives of the United States of America in Congress assembled, That froin and after the passage of this act, and until the expiration of ten years next after the passage ot this act , the coming of Chinese laborers to the United States be, and the same is hereby, suspended, and during such suspension it shall not be lawful for any Chinese laborer to corne from any foreign port or place, or having so corne to remain within the United States. « Section two of said act is hereby amended so as to read as follows : »Sec. 2. That the master of any vessel who shall knowingly bring within the United States on such vessel, and land, or attempt to land, or permit to be landed any Chinese laborer from any foreign port or place, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine ot not more than five hundred dollars for each and every such Chinese laborer so brought, and may also be imprisoned for a term not exceeding one year.«

Section three of said act is hereby amended so as to read as follows: »Sec. 3. That the two foregoing sections shall not apply to Chinese laborers who were in the United States on the seventeenth day of November, eighteen hundred and eighty, or who shall have corne into the same before the expiration of ninety days next after the passage of the act to whieh this act is amendatory, nor shall said sections apply to Chinese laborers, who shall produce to such master before going on board such vessel, and shall produce to the collector of the port in the United States at which such vessel shall arrive, the évidence hereinafter in this act required of his being one of the laborers in this section mentioned ; nor shall the two foregoing sections apply to the case of any master whose vessel, being bound to a port not within the United States, shall corne within the jurisdiction of the United States by reason of being in distress or in stress of weather, or touching at any port or the United States on its voyage to any foreign port or place: Provided, That ail Chinese laborers brought on such vessel shall not be permitted to land except in case of absolute necessity, and must départ with the vessel on leaving port.«

Section four of said act is hereby amended so as to read as follows: *) [»Sec. 4. That for the purpose of properly identifying Chinese laborers who were in the United States on the seventeenth day of November, eighteen hundred and eighty, or who shall have corne into the same before the expiration of ninety days next after the passage of the act to which this act is amendatory, and in order to furnish them with the proper évidence of their right to go from and corne to the United States as provided by the said act and the treaty between the United States and China dated November seventeenth, eighteen hundred and eigthy, the collector of customs of the district from which any such Chinese laborer shall départ from the United States shall, in person or by deputy, go on

*) See Act approved October 1, 1888, which prohibits the issuance of certificates of identity of Chinese laborers and déclares void such certificates theretofore issued.

Immigration des Etrangers,

board each vessel having on board any such Chinese laborer, and cleared or about to sail frora his district for a foreign port , and on such vessel make a list of ail such Chinese laborers, which shall be entered in registrybooks, to be kept for that purpose in which shall be stated the individual, family, and tribal name in full, the âge, occupation, when and where followed, last place of résidence, physical marks or peculiarities, and ail facts necessary for the dentification of each such Chinese laborers, which books shall be safely kept in the custom-house ; and every such Chinese laborer so departing from the United States shall be entitled to and shall receive, free of any charge or cost upon application therefor, from the collector or his deputy, in the name of said collector and attested by said collector's seal of office, at the time such list is taken, a certificate, signed by the collector or his deputy and attested by his seal of office , in such form as the Secretary of the Treasury shall prescribe , which certificate shall contain a statement of the individual, family, and tribal name in full, âge, occupation, when and where followed, of the Chinese laborer to whom the certificate is issued, corresponding with the said list and registry in ail particulars. In case any Chinese laborer, after having received such certificates, shall leave such vessel before her departure, he shall deliver his certificate to the master of the vessel ; and if such Chinese laborer shall fail to return to such vessel before her departure from port, the certificate shall be delivered by the master to the collector of customs for cancellation. The certificate herein provided for shall entitle the Chinese laborer to whom the same is issued to return to and re-enter the United States upon producing and delivering the same to the collector of customs of the district at which such Chinese laborer shall seek to re- enter, and said certificate shall be the oxûj évidence permissible to establish his right of re-entry ; and upon delivering of such certificate by such Chinese laborer to the collector of customs at the time of re-entry in the United States, said collector shall cause the same to be filed in the custom-house and duly canceled.«]

Section six of said act is hereby amended so as to read as follows : Sec. 6. That in order to the faithful exécution of the provisions oi this act, every Chinese person, other than a laborer, who may be entitled by said treaty or this act to corne within the United States , and who shall be about to corne 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 evidenced by a certificate issued by such Government, which certificate shall be in the Eaglish language , and shall show such permission, with the name of the permitted person in his or her proper signature, and which certificate shall state the individual, family, and tribal name in full, title or officiai rank, if any, the âge, height, and ail physical peculiarities, former and présent occupation or profession, when and where and how long pursued, and place of résidence of the person to whom the certificate is issued, and that such person is entitled by this act to corne within the United States. If the person so applying for a

Etats-Unis d'Amérique.

certificate shall be à 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 notbing in this act nor in said treaty shall be construed as embracing within the meaning of the word 'merchant,' hucksters, peddlers, or those engaged 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 applicant intends to pass through or travel within the United States, 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 diplomatie représentatives of the United States in the foreign country from which said certificate issues, or of the consular représentative of the United States at the port or place from which the person named in the certificate is about to départ; and such diplomatie représentative or consular représentative whose indorsement 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 évidence 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 the proper authorities of the United States whenever lawfully demanded , and shall be the sole évidence permissible on the part of the person so p.roducing 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.«

Section eight of said act is hereby amended so as to read as follows: »Sec. 8. That 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 ail Chinese passengers taken on board his vessel at any foreign port or place, and ail such passengers on board the vessel at that time. Such list shall show the names of such passengers (and if accredited officers of the Chinese or of any other foreign Government, traveling on the business of that Government , or their servants , with a note of such facts), and the names and other particulars as shown by their respective certificates; and such list shall be sworn to by the master in the jnanner required by law in relation to the manifest of the cargo. Any

Immigration des Etrangers.

refusai 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 refusai or neglect to report and deliver a manifest of the cargo.* Section ten of said act is hereby amended so as to read as follows : »Sec. 10. That every vessel whose master shall knowingly violate any of the provisions 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. «

Section eleven of said act is hereby amended so as to read as follows : »Sec. 11. That 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.«

Section twelve of said act is hereby amended so as to read as follows : »Sec. 12. That no Chinese person shall be permitted to enter the United States by land without producing to the proper officer of customs the certificate 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 ail such cases the person who brought or aided in bringing such person to the United States shall be liable to the Government of the United States for ail necessary expenses incurred in such investigation and removal; and ail peace officers of the several States and Territories of the United States are hereby invested with the same authority as a marshal or United States marshal in référence to carrying out the provisions of this act or the act of which this is amendatory, as a marshal 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 ail costs and charges for the maintenance and return of any Chinese person having the certificate prescribed by law as entitling such Chinese person to corne 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.«

Section thirteen of said act is hereby amended so as to read as follows: »Sec. 13. That this act shall not apply to diplomatie and other officers of the Chinese or other Governments traveling upon the business of that Government, whose credentials shall be taken as équivalent to the cert ficate 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.*

Nouv. Recueil Oén. 2: XX. I

Etats- Unis d'Amérique.

Section fifteen of said act is hereby amended so as to read as folio ws :

»Sec. 15. That the provisions of this act shall apply to ail subjects of China and Chinese, whether subjects of China or any other foreign power ; and the words Chinese laborers , wherever used in this act shall be construed to mean both skilled and unskilled laborers^and Chinese employed in mining.«

Sec. 16. That 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 otherwise 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 imprisonment.

Sec. 17. That nothing contained in this act shall be construed to affect any prosecution or other proceeding criminal or civil, begun under the act of which this is amendatory; but such prosecution or other proceeding, criminal or civil, shall proceed as if this act had not been passed.

Approved, July 5, 1884.

An act a supplément to an act entitled »An Act to exécute certain treaty stipulations relating to Chinese, « approved the sixth day of May, eighteen hundred and eighty-two.

Be it enacted by the Senate and House of Représentatives of the United States of America in Congress assembled, That 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 résident within the United States, and who shall have departed, or shall départ, therefrom, and shall not have returned before the passage of this act, to return to, or remain in, the United States.

Sec. 2. That no certificates of identity provided for in the fourth and fifth section of the act to which this is a supplément shall hereafter be issued; and every cértificate heretofore issued in pursuance thereof, is hereby declared void and of no effect, and the Chinese laborer claiming admission by virtue thereof shall not be permitted to enter the United States.

Sec. 3. That ail the duties prescribed, liabilities penalties and forfeitures imposed, and the powers conferred by the second, tentb, eleventh, and twelfth, section of the act to which this is a supplément are hereby extended and made applicable to the provisions of this act.

Sec. 4. That ail such part or parts of the act to which this is a supplément as are inconsistent herewith are hereby repealed.

Approved, October 1, 1888.

Immigration des Etrangers

Régulations for the Issue of Certificates of Résidence to Chinese laborers, and Chinese persons other than laborers, under the Provisions of the act

of May 5, 1892.

Treasury Department, Office of the Commissioner of Internai Revenue,

Washington, D. C, April 8, 1893.

To Collectors of Internai Revenue:

Section 6 of the act of Congress approved May 5, 1892, entitled »An act to prohibit the couiing of Chinese persons into the United States, « provides that it shall be the duty of ail Chinese laborers within the liraits of the United States at the time of the passage of this act, and who are entitled to romain in the United States , to apply to the collector of internai revenue of their respective districts within one year after the passage of this act for a certificate of résidence.

Section 7 of said act provides that such certificates shall be issued without charge to the applicant , and shall contain the name , âge, légal résidence, and occupation of the applicant, and sucb other description of the applicant as shall be prescribed by the Secretary of the Treasury, and a duplicate thereof shall be filed in the office of the collector of internai revenue for the district in which such Chinaman makes application.

The honorable Secretary has issued the accompanying revised rules and régulations, deemed necessary by him for the exécution of this act, and copies of such régulations will be furnished to collectors of internai revenue.

Collectors of internai revenue are hereby required to see that certificates of résidence are issued to such Chinese persons as are entitled to them, and to deliver such certificates in localities convenient to the applicants. Collectors will be careful to accurately fill out the original and duplicate certificates and the stubs thereof.

The duplicate certificate and the application will be kept on file in the office of the collector in whose district the applicant résides.

The stubs, properly filled out, will be forwarded to this office as soon as the certificates contained in book are consumed.

At the close of business on May 5, 1893, ail books of certificates wholly or partially used will be promptly returned to this office , with the stubs of the certificates issued therefrom correctly filled out.

John W. Mason,

Commissioner.

Etats- Unis d'Amérique.

Régulations for the Issue of Certificates of Résidence to Chinese laborers, and Chinese persons other than laborers, under the provisions of the act of May 5, 1892.

Treasury Department, Office of the Secretary, Washington, D. C, April 8, 1893. Section 7 of the act of Congress approved May 5, 1892, entitled »An act to prohibit the coming of Chinese persons into the United States, « provides »that immediately after the passage of this act the Secretary of the Treasury shall make such rules and régulations as may be necessary for the efficient exécution of this act , and shall prescribe the necessary forms and furnish the necessary blanks to enable to collectors of internai revenue to issue the certificates required hereby, and make such provision that certificates may be procured in localities convenient to the applicants,* etc.

In accordance with the foregoing authority, the following rules and régulations are prescribed for the purposes therein indicated, to wit: Applications for certificates of Résidence. Collectors of internai revenue will receive applications on the following form, at their own offices, from such Chinese as are conveniently located thereto , and will cause their deputies to proceed to the towns or cities in their respective divisions where any considérable number of Chinese are residing, for the purpose of receiving applications:

No. — .

Application of Chinese laborer (or Chinese person other than laborer) for certificate of résidence under actof

May 5, 1892.

I, , a Chinese , hereby make application to

the collector of internai revenue for the district of for a

certificate of résidence under the provisions of the act of Congress approved

May 5, 1892, and state that I arrived in the United States on the

day of , 18 — , at the part of , per , and that I was

lawfully within the limits of the United States residing at , ,

on the 5th day of May , 1892. That my âge was years on my

last birthday, and that my présent local résidence is at , and my

occupation is .

(Sign here.) .

Subscribed and sworn to before me this ■ — day of ,

189—, at , .

Deputy Collector Internai Revenue D i s t r i c t ,

No applications will be received later than May 5, 1883.

Collectors and deputies will give such notice through leading Chinese, or by notices posted in the Chinese quarter of the various localities , as will be sufficient to apprise ail Chinese residing in their districts of their

Immigration des Étrangers.

readiness to receive applications and the time and place where they may be made.

Ail applications received by deputies must be forwarded to the collector's office, from whose office ail certifiâtes of résidence will be issued, and sent to the deputy for delivery.

Affidavit of witness.

The affidavit of at least one crédible witness of gôod character to the fact of résidence and lawful status within the United States must be furnished with every application. Thèse affidavits shall be, in substance, as follows :

Affidavit of witness t o ap p lie a t io n o f Chinese laborer (or Chinese person other than laborer) for certificate of

résidence.

I, , residing at , , do solemnly swear

that I am well acquainted with , a Chinese whose

application for a certificate of résidence is set forth on a preceding page ; that I know of my own knowledge that on the 5th day of May, 1892,

said was within the limits of the United States, residing

at , and I am informed and verily believe that said

arrived in the United States on the day of , 18 — , per

, and was lawfully within the United States on said 5th day of

May, 1892 ; that the said applicant now résides at , and is by

occupation a .

Signature of witness : .

Subscribed and sworn to before me this day of , 189 — .

Deputy Collector Internai Revenue,

District of .

If the applicant is unable to furnish such witness satisfactory to the collector or his deputy , his application will be rejected , unless he shall furnish other proof of his right to remain in the United States, in which case the application with the proofs presented shall be forwarded to the Commissioner of Internai Revenue for his décision.

The witness must appear before the collector or his deputy, and be fully questioned in regard to his testimony before being sworn.

Issue of certificates of résidence.

Certificates of résidence in the following form will be furnished, bound in books of one hundred each, and numbered consecutively from one upward, to - wit :

Etats- Unis d'Amérique.

(Original.)

United States of America.

Certificate of résidence issued to Chinese laborer (or Chinese person other than laborer) under the provision of the act of May 5, 1892.

This is to certify that , a Chinese now re-

siding at , has made application, No. , to me for a certificate

of résidence under the provisions of the act of Congress approved May 5, 1892, and I certify that it appears from the affidavit of witness submitted

with said application that said was within the limits of

the United States at the time of the passage of said act, and, was then

residing at , and that he was at that time lawfully entitled to

remain in the United States, and that the following is a discriptive list of said Chinese :

Name.

Age.

Local résidence.

Occupation.

Height.

Color of eyes.

Complexion.

Physical marks or peculiarities for identification.

Given under my hand and seal this day of , 189 — ,

at , State of .

[Collector's Seal.] ,

Collector of Internai Revenue,

District of .

(Stub.)

Name.

Age.

Local résidence.

Occupation.

Height.

Color of eyes.

Complexion.

Physical marks or peculiarities for identification.

The original, duplicate, and stub will be printed on one page so that the original and duplicate can be eut off, leaving the stub in the book.

All^books of certificates must be kept in the collector's office and ail certificates must be issued from there.

Ail certificates must be accounted for , and if any certificate is des-

Immigration des Etrangers.

troyed before being issued an affidavit must be attached to the book in which it was contained showing the facts in regard to its destruction.

After signing the certificate , and before issue , the collector must affix his officiai seal thereto.

Issue of certificates of résidence to Chinese persons other than laborers.

The same forms will be used in issuing certificates of résidence to Chinese persons other than laborers as are used in issuing certificates to laborers, by inserting between the words » Chinese « and » laborers, « wherever they should occur in said forms , the words » person other than,« a blank space being provided in each form sufficient to admit of writing the four words, » person other than laborer.«

Issue of duplicate original certificates.

In ail cases of loss or destruction of original certificates of résidence where it can be established to the satisfaction of the collector of the district in which the certificate was issued that such loss or destruction was accidentai , and without fault or négligence on the part of the applicant, a duplicate of the original may be issued under the same conditions that governed the original issue. Across the face of each of such duplicates so issued and the stub thereof the collector shall write, in red

ink, the words, »Issued in lieu of original certificate No. which,

upon évidence submitted, appears to have been unavoidably lost« [or destroyed, as the case may be], to which shall be attached the collector's officiai signature. And upon the issue of every such duplicate certificate the collector shall, by circular letter, report the fact to the office of the Commissioner of Internai Revenue and to each collector of internai revenue, embracing in such report the sériai number of the certificate for which the duplicate was issued and the name and personal description of the person to whom issued , as appearing in the original application.

Collector's record of certificates issued.

Collectors of internai revenue will keep in their offices an alphabetica record of ail certificates of résidence issued. A suitable book for this purpose will be prepared by the Treasury Department and furnished to collectors in due time.

The person referred to in the acts of Congress to which thèse régulations apply, and whose immigration into the United States is prohibited, are limited to Chinese laborers. No class of Chinese are prohibited from coming into the United States, or remaining here, except such as may properly and within the meaning of said statutes be known as » laborers. « But persons other than laborers must présent as a condition précèdent to landingthe certificate required by section 6 of the act approved July 5, 1884.

Collectors of internai revenue and their deputies are instructed that ail classes of skilled and unskilled laborers, and persons employed in mining, as well as hucksters, peddlers, and persons engaged in taking and drying or otherwise preserving shells or fish for home consumption or ex-

Etats-Unis d'Amérique.

portation and laundrymen shall be classed as laborers. Persons who are employed in stores, but who are not owners or part owners in the business, shall be classed as laborers. A person] to be exempted from the opérations of this law as a merchant must be an owner or part owner of a bonafide mercantile establishment.

J. G. Carlisle,

Secretary.

Immigration Laws and Régulations. Mardi 11, 1893.

Régulation of immigration.

Treasury Department,

Office of the Secretary, Washington, D. C, March 11, 1893.

Article 1. Collectors of customs will collect, as provided in section 1 of the act of August 3, 1882, a duty of 50 cents for each and every passenger not a citizen of the United States who shall corne by steam or sail vessel from a foreign port to any port of the United States , except such vessels as are employed exclusively between the ports of the United States and the ports of the Dominion of Canada or of the ports of Mexico, as provided in section 22 of the act of June 26, 1884.

Art. 2. Ail such moneys collected must be deposited to the crédit of the Treasurer of the United States on account of » Immigrant. fund« with an assistant treasurer of the United States, or national bank depositary, in the same manner as other miscellaneous collections are reported. Separate accounts of the receipts and expenditures of money under the act must be rendered monthly to the Secretary of the Treasury, on forms to be furnished by the Government for the purpose.

Art. 3. Collectors of customs on the Canadian frontier, and at ail points where commissioners of immigration are not employed, are charged within their respective districts with the exécution of the laws partaining to immigration, and ail importation of laborers under contract or agreement to perform labor in the United States. They will employ ail customs, immigration, and other officers assigned to them for duty in the enforcement of the immigration acts ; and ail such officers are hereby designated and authorized to act as immigration officers.

Art. 4. Whenever it shall be necessary, in making the examination of immigrants, to temporarily remove them from the vessel upon which they arrived to a désirable place provided for the examination, such immigrants shall not be regarded as landed so long as they are undergoing the examination, and are in charge of the officers whose duty it is to make such examination; and such removal shall not be considered a landing during the pendency of any question relating to such examination, or while awaiting their return as provided by law.

Immigration des Etrangers.

Art. 5. The commissioner of immigration shall enter of record the name of every immigrant found upon examination to be within either of the prohibited classes, with a statement of the décision in each case, and at the same time give notice in writing to the master, agent, consignée, or owner of the vessel upon which such immigrant arrived , together with the grounds of refusai to land such immigrant, that said vessel is required to return such immigrant to the port whence he came.

Art. 6. The regular examination of immigrants under the spécial inquiry required by the statute will be separate from the public, but any immigrant who is refused permission to land , or pending an appeal in his case, will be permitted to confer with friends or counsel in such manner as the commissioner may deem proper.

Art. 7. Any immigrant claiming to be aggrieved by the décision of the inspection officers may appeal therefrom, and such appeal shall stay his déportation until décision shall be had thereon. Such appeal shall be in writing, and shall specify the grounds of appeal, and shall be presented to the commissioner within twenty-four hours after notice of such décision, who shall at once forward such appeal to the Department with ail the évidence in the case and his views thereon.

Any examining inspector dissenting from a décision to admit an immigrant may appeal therefrom , which appeal shall be in writing and specify the grounds thereof, and shall be forwarded by the commissioner to the Department in like manner as in cases of an appeal by an immigrant.

Art. 8. Upon a décision of the appeal the immigrant shall be at once landed or deported in accordance with such décision , and , in case landing is refused, the master, agent, consignée, or owner of the vessel by which the immigrant arrived shall be notifîed of such décision by the commissioner, and that the immigrant will be placed on board said vessel to be returned as aforesaid.

Art. 9. The expenses for the keeping and maintenance of such immigrants as are ordered to be returned pending the décision of their right to land and the subséquent expenses for the keeping and maintenance of those ordered to be returned , and the expense of their return shall be borne by the owner or owners of the vessel on which they came.

Art. 10. At least twenty-four hours before the sailing of the vessel upon which immigrants are ordered to be returned , the master , agent, consignée, or owner of such vessel shall notify the commissioner of the proposed hour of sailing, who shall thereupon place on board ail immigrants to be returned by such vessel as aforesaid, and in case any master, agent, consignée , or owner of such vessel shall refuse to receive such immigrants on board, or shall neglect to retain them thereon, or shall refuse or neglect to return them to the port from which they came, or to pay the cost of their maintenance while on land, such master, agent, consignée, or owner shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than Doll. 300 for each and every offence, and any such vessel shall not have clearance from any port of the United States while any such fine is unpaid.

Etats - Unis d'Amérique.

Art. 11. No vessel bringing immigrants in the steerage or in apartments other than in the first or second cabin , from ports where contagious or infectious disceses are prevailing , shall be admitted to entry unless it appear by the certificate of the consular officer at such port that said immigrants have been detained at the port of embarkation at least five days under médical observation in specially designated barracks or houses set apart for their exclusive use, and that their clothing, baggage, and Personal effects have been disinfected before being placed on board by one of the following methods :

(1) Boiling in water not less than thirty minutes.

(2) Exposure to steam not less than thirty minutes, the steam to be of a température not less than 100° C. (212° F.), nor greater than 115° G. (239° F.), and unmixed with air.

(3) Solution of carbolic acid of a 2 per cent strength.

This method (No. 3) may be applied only to leather goods, such as trunks , satchels , boots , shoes ; to rubber goods , etc. , the articles to be saturated with the solution.

(4) Articles that would be distroyed or injured when subjected to any of the above methods may be disinfected by immersion in solution of bichloride of mercury, 1 part to 2,000, until ail parts are thoroughly saturated, due précaution being taken against mercurial poisoning.

The above restrictions will also be applied to vessels bringing immigrants from noninfected ports, but who corne from infected localities.

Art. 12. There shall be delivered to the commissioner of immigration at the port of arrivai by the master or commanding officer of the vessel, lists or manifests , made at the time and place of embarkation , of such immigrants , which shall , in answer to questions at the top of said lists or manifests , state as to each of said passengers — (1) Full name.

(4) Whether married or single.

(5) Calling or occupation.

(6) Whether able to read or write.

(7) Nationality.

(8) Last résidence.

(9) Seaport for landing in the United States.

(10) Final destination in the United States.

(11) Whether having a ticket through to such final destination.

(12) Whether the immigrant has paid his own passage or wehther it has been paid by other persons, or by any corporation, society, municipality, or government.

(13) Whether in possession of money, and if so, whether upward of #30, and how much, if #30 or less.

(14) Whether going to join a relative, and if so, what relative, and his name and address.

(1 5) Whether ever before in the United States, and if so, when and where,

Age.

Sex.

Immigration des Etrangers.

(16) Whether ever in prison, or almshouse or supported by charity.

(17) Whether a poligamist.

(18) Whether under contract , express or implied, to perform labor in the United States.

(19) The immigrants condition of health , mentally and physically, and whether deformed or crippled ; and , if so , from what cause.

Art. 13. Such manifests or lists shall be accompanied by the foregoing interrogatories and answers thereto in the language of the immigrant which shall be signed by him in the présence of the agent granting him transportation ; and there shall be indorsed thereon , in the language of the immigrant, a notice that, if upon his arrivai in the United States it is found that such interrogatories have not been correctly answered , he will be immediately returned ; also , that he will be required to make oath to the truth of such answers if it be called for by the commissioner of immigration at the port of arrivai in the United States , and that a false oath will subject him to fine or imprisonment.

Art. 14. Said immigrants shall be listed in convenient groups , and no one list or manifest shall contain more than thirty names. There shall be delivered to each such immigrant or head of a family , prior to or at the time of embarkation, a ticket, on which shall be written his name , a number or letter, designating the list and his number on the list for convenience of identification on arrivai. Each list or manifest shall be verified by the signature and the oath or affirmation of the master or commanding officer, or of the officer, first or second, below him in command , and of the surgeon of said vessel or other médical officer, as provided in sections 2 and 3 of the act of March 3, 1893.

Art. 15. In case of the failure of said master or commanding officer of said vessel to deliver to the said inspector of immigration lists or manifests , verified as aforesaid , containing the information above required as to ail immigrants on board , there shall be paid to the collector of customs at the port of arrivai the sum of #10 for each immigrant qualified to enter the United States concerning whom the above information is not contained in any list, as aforesaid, or said immigrant shall not be permitted so to enter the United States, but shall be returned like other excluded persons.

Art. 16. The certificate required by section 8 to be filed by the Secretary of the Treasury shall be filed upon the first days of January and July of each year.

Art. 17. Thèse régulations shall take immédiate effect , except as to the last paragraph of article 7 and articles 11 to 16, inclusive, and as to those articles they will take effect on the 3d day of May, 1893.

J. G. Carlisle,

Secretary.

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Appendix 1 e t 2 v. No. 4. 5.

Appendix No. 3.

Amendatory Act.

An act to prohibit the importation and immigration of foreigners and aliens under contract or agreement to perform labor in the United States, the Territories , and the District of Columbia.

Be it enacted by the Senate and House of Représentatives of the United States of America in Congress assembled, That an act to prohibit the importation and immigration of foreigners and aliens under contract or agreement to perform labor in the United States, its Territories, and the District of Columbia , approved February twenty - sixth , eighteen hundred and eighty five , and to provide for the enforcement thereof , be amended by adding the following :

» »Sec. 6. That the Secretary of the Treasury is hereby charged with

the duty of executing the provisions of this act, and for that purpose he shall have power to enter into contraets with such State commission, board, or officers as may be designated for that purpose, by the governor of any State to take charge of the local affairs of immigration in the ports within said State, under the rules and régulations to be prescribed by said Secretary ; and it shall be the duty of such State commission, board, or officers so designated to examine into the condition of passengers arriving at the ports within such State in any ship or vessel , and for that purpose ail or any of such commissioners or officers, or such other person or persons as they shall appoint , shall be authorized to go on board of and through any such ship or vessel ; and if in such examination there shall be found among such passengers any person included in the prohibition in this act , they shall report the same in writing to the collector of such port, and such person shall not be permitted to land.

»Sec. 7. That the Secretary of the Treasury shall etablish such régulations and rules, and issue from time to time such instructions, not inconsistent with law , as he shall deem best calculated for carrying out the provisions of this act ; and he shall prescribe ail forms of bonds, entries, and other papers to be used under and in the enforcement of the various provisions of this act.

»Sec. 8. That ail persons included in the prohibition in this act, upon arrivai, shall be sent back to the nations to which they belong and from whence they came. The Secretary of the Treasury may designate the State board of charities of any State in which such board shall exist by law, or any commission in any State, or any person or persons in any State , whose duty it shall be to exécute the provisions of this section and shall be entitled to reasonable compensation therefor to be fixed by régulation prescribed by the Secretary of the Treasury. The Secretary of the Treasury shall prescribe régulations for the return of the aforesaid persons to the countries from whence they came , and shall furnish instructions to the board, commission , or persons charged with the exécution

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of the provisions of this section as to the time of procédure in respect thereto, and may change such instructions from time to time. The expense of such return of the aforesaid persons not permitted to land shall be borne by the owners of the vessels in which they came. And any vessel refusing to pay such expenses shall not hereafter be permitted to land at or clear from any port of the United States. And such expenses shall be a lien on said vessel. That the necessary expense in the exécution of this act for the présent fiscal year , shall be paid out of any money in the Treasury not otherwise appropriated.

»Sec. 9. That ail acts and parts of acts inconsistent with this act are hereby repealed.

»Sec. 10. That this act shall take effect at the expiration of thirty days after its passage. «

Approved , February 23, 1887 (24 Stat, 414).

Amendment to the Alien Contract-Labor Law contained in the Deficiency Bill, approved October 19, 1885 (25 Stat., 566). That the act approved February twenty-third, eighteen hundred and eighty - seven , entitled »An act to amend an act to prohibit the importation and immigration of foreigners and aliens under contract or ageement to perform labor in the United States , its Territories , and rthe District of Columbia,« be , and the same is hereby, so amended as to authorize the Secretary of the Treasury, in case that he shall be satisfied that an immigrant has been allowed to land contrary to the prohibition of that law , to cause such immigrant within the period of one year after landing or entry, to be taken into custody and returned to the country from whence he came, at the expense of the owner of the importing vessel; or , if he entered from an adjoining country, at the expense of the person previously contracting for the services.

An act in amendment to the various acts relative to immigration and the importation of aliens under contract or agreement to perform labor. v. No. 9.

Appendix No. 4.

An act to facilitate the enforcement of the immigration and contract-labor laws of the United States.

Be it enacted by the Senate and House of Représentatives of the United States of America in Congress assembled, That, in addition to conforming to ail présent requirements of law, upon the arrivai of any alien immigrants by water at any port within the United States, it shall be the duty of the master or commanding officer of the steamer or sailing vessel having said immigrants on board to deliver to the proper inspector of immigration at the port lists or manifests made at the time and place of embarkation of such alien immigrants on board such steamer or vessel, which shall, in answer to questions at the top of said lists, state as to each immigrant the full name, âge, and sex, whether married or single;

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the calling or occupation; whether able to read or write; the nationality; the last résidence; the seaport for landing in the United States; the final destination, if any, beyond the seaport of landing ; whether having a ticket through to such final destination ; whether the immigrant has paid his own passage or whether it has been paid by other persons or by any corporation, society, municipality, or government; whether in possession of money, and if so , whether upwards of thirty dollars and how much if thirty dollars or less ; whether going to join a relative, and if so, what relative and his name and address; whether ever before in the United States, and if so, when and where; whether ever in prison or almshouse or supported by charity; whether a polygamist ; whether under contract, express or implied, to perform labor in the United States; and what is the immigrant's condition of health mentally and pbysically, and whether deformed or crippled, and if so, from what cause.

Sec. 2. That the immigrants shall be listed in convenient groups and no one list or manifest shall contain more than thirty names. To each immigrant or head of a family shall be given a ticket on which shall be written his name, a number or letter designating the list, and his number on the list, for convenience of identification on arrivai. Each list or manifest shall be verified by the signature and the oath or affirmation of the master or commanding officer or of the officer first or second below him in command, taken before the United States consul or consular agent at the port of departure , before the sailing of said vessel , to the effect that he has made a personal examination of each and ail of the passengers named therein, and that he has caused the surgeon of said vessel sailing therewith to make a physical examination of each of said passengers, and that from his personal inspection and the report of said surgeon he believes that no one of said passengers is an idiot or insane person, or a panper or likely to become a public charge, or suffering from a loathsome or dangerous contagious disease, or a person who has been convicted of a felony or other infamous crime or raisdemeanor involving moral turpitude , or a polygamist , or under a contract or agreement, express or implied , to perform labor in the United States, and that also, according to the best of his knowledge and belief, the information in said list or manifest concerning each of said passengers named therein is correct and true.

Sec. 3. That the surgeon of said vessel sailing therewith shall also sign each of said lists or manifests before the departure of said vessel, and make oath or affirmation in like manner before said consul or consular agent, stating his professional expérience and qualifications as a physician and surgeon, and that he has made a personal examination of each of the passengers named therein and that said list or manifest, according to the best of his knowledge and belief, is full, correct, and true in ail particulars relative to the mental and physical condition of said passengers. If no surgeon sails with any vessel bringing alien immigrants, the mental and physical examinations and the vérifications of the lists or manifests may be made by some compétent surgeon employed by the owners of the vessel.

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Sec. 4. That in the case of the failure of said master or commanding officer of said vessel to deliver to the said inspector of immigration lists or manifests, verified as aforesaid, containing the information above required as to ail alien immigrants on board, there shall be paid to the collector of customs at the port of arrivai the sum of ten dollars for each immigrant qualified to enter the United States concerning whom the above information is not contained in any list as aforesaid , or said immigrant shall not be permitted so to enter the United States, but shall be returned like other excluded persons.

Sec. 5. That it shall be the duty of every inspector of arriving alien immigrants to detain for a spécial inquiry, under section one of the immigration act of March third, eighteen hundred and ninety-one, every person who may not appear to him to be clearJy and beyond doubt entitled to admission , and ail spécial inquiries shall be conducted by not less than four officicials acting as inspectors , to be designated in writing by the Secret ary of the Treasury or the superintendent of immigration, for conducting spécial inquiries ; and no immigrant shall be admitted upon spécial inquiry except after a favorable décision made by at least three of said inspectors ; and any décision to admit shall be subject to appeal by any dissenting inspector to the superintendent of immigration, whose action shall be subject to review by the Secretary of the Treasury, as provided in section eight of said immigration act of March third, eighteen hundred and ninety-one.

Sec. 6. That section five of the act of March third, eighteen hundred and ninety-one »in amendment of the various acts relative to immigration and the importation of aliens under contract or agreement to perforai labor,« is hereby amended by striking out the words » second proviso« where they first occur in said section and inserting the words »first proviso* in their place; and section eight of said act is hereby so amended that the médical examinations of arriving immigrants to be made by surgeons of the Marine-Hospital Service may be made by any regular médical officers of such Marine-Hospital Service detailed therefor by the Secretary of the Treasury ; and civil surgeons shall only be employed temporarily from time to time for spécifie emergencies.

Sec. 7. That no bond or guaranty , written or oral, that an alien immigrant shall not become a public charge shall be received from any person, company, corporation, charitable or benevolent society or association, unless authority to receive the same shall in each spécial case be given by the Superintendent of Immigration, with the written approval of the Secretary of the Treasury.

Sec. 8. That ail steamship or transportation companies, and other owners of vessels, regularly engaged in transporting alien immigrants to the United States, shall twice a year file a certificate with the Secretary of the Treasury that they have furnished to be kept conspicuously exposed to view in the office of each of their agents in foreign countries authorized to sell emigrant tickets, a copy of the law of March third, eighteen hundred and ninety-one, and of ail subséquent laws of this country relative to immigration, printed in large letters, in the language of the country where

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the copy of the law is to be exposed to view, and that they have instructed their agents to call the attention thereto of persons contemplating émigration before selling tickets to them ; and in case of the failure for sixty days of any such company or any such owners to file such a certificate, or in case they file a false certificate, they shall pay a fine of not exceeding five hundred dollars , to be recovered in the proper United States court, and said fine shall also be a lien upon any vessel of said company or owners found within the United States.

Sec. 9. That after the first day of January, eighteen hundred and ninety - three , ail exclusive privilèges of exchanging money , transporting ipassengers or baggage, or keeping eating houses and ail other like privi leges in connection with the Ellis Island immigrant station, shall be disposed of after public compétition, subject to such conditions and limitations as the Secretary of the Treasury may prescribe.

Sec. 10. That this act shall not apply to Chinese persons; and shall take effect as to vessels departing from foreign ports for ports within the United States after sixt dyays from the passage of this act.

Approved, March 3, 1893.

Laws aud Régulations for the Maritime Quarantines of the United States.

April 4, 1893.

Laws and Régulations for the Maritime Quar antines of the

United States.

Treasury Department,

Office of the Secretary,

April 4, 1893.

To Officers of the Treasury Department, Maritime Quarantine Ofûcers in the United States, Consular Officers, and others concerned: Pursuant to act of February 15, 1893, entitled »An act granting additional quarantine powers and iraposing additional duties upon the Marine-Hospital Service, « the quarantine laws in force are published , and the following régulations made thereunder for the government of domestic ports are hereby promulgated.

J. G. Carlisle,

Secretary.

Extracts from Existing Laws.

[Extracts from the Revised Statutes.]

Sec. 4794. There shall be purchased or erected, under the orders of the Président, suitable warehouses , with wharves and inclosures , where marchandise may be unladen and deposited, from any vessel which shall

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be subject to a quarantine or other restraint, pursuant to the health-laws of any State, at such convenient places therein as the safety of the public revenue and the observance of such health-laws niay require.

Sec. 4795. Whenever the cargo of a vessel is unladen at some other place than the port of entry or delivery under the foregoing provisions, ail the articles of such cargo shall be deposited, at the risk of the parties concerned therein, in such public or other warehouses or inclosures as the collector shall designato, there to remain under the joint custody of such collector and of the owner, or master, or other person having charge of such vessel, until the same are entirely unladen or discharged, and until the articles so deposited may be safely removed without contravening such health-laws. And when such removal is allowed , the collector having charge of such articles may grant permits to the respective owners or consignées, their factors or agents, to receive ail merchandise which has been entered, and the duties accruing upon which have been paid , upon the payment by them of a reasonable rate of storage; which shall be fixed by the Secretary of the Treasury for ail public warehouses and inclosures.

Sec. 4796. The Secretary of the Treasury is authorized, whenever a conformity to such quarantines and health - laws requires it , and in respect to vessels subject thereto , to prolong the terms limited for the entry of the same, and the report or entry of their cargoes, and to vary or dispense with any other régulations applicable to such reports or entries. No part of the cargo of any vessel shall, however, in any case, be taken out or unladen therefrom, otherwise than is allowed by law, or according to the régulations hereinafter established.

Sec. 4797. Whenever by the prevalence of any contagious or épidémie disease in or near the place by law established as the port of entry for any collection district, it becomes dangerous or inconvénient for the officers of the revenue employed therein to continue the discharge of their respective offices at such port , the Secretary of the Treasury , or, in his absence, the First Comptroller, may direct the removal of the officers of the revenue from such port to any other more convenient place, within, or as near as may be to , such collection district. And at such place such officers may exercise the same powers , and shall be liable to the same duties, according to existing circumstances , as in the port or district established by law. Public notice of any such removal shall be given as soon as may be. [See § 1776.]

Sec. 4798. In case of the prevalence of a contagious or épidémie disease at the seat of Government , the Président may permit and direct the removal of any or ail the public offices to such other place or places as he shall deem most safe and convenient for conducting the public business. [See § 1776.]

Sec. 4799. Whenever, in the opinion of the Chief Justice, or, in case of his death, or inability, of the senior associate justice of the Suprême Court, a contagious or épidémie sickness shall render it hazardous to hold the next stated session of the court at the seat of Government,

Nouv. Recueil Gén. 2e. S. XX. K

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the chief or such associate justice may issue his order to the marshal of the Suprême Court, directing him to adjourn the next session of the court to such other place as such justice deems convenient. The marshal shall thereupon adjourn the court, by making publication thereof in one or more public papers printed at the seat of Government from the time he shall receive such order until the time by law prescribed for commencing the session. The several circuit and district judges shall, respectively, under the same circumstances, have the same power, by the same means , to direct adjournments of the several circuit and district courts to some convenient place within their districts respectively. [See § 1776.]

Sec. 4800. The judge of any district court, within whose district any contagious or épidémie disease shall at any time prevail , so as , in his opinion, to endanger the lives of persons confined in the prison of such district, in pursuance of any law of the United States, may direct the marshal to cause the persons so confined to be removed to the next adjacent prison where such disease does not prevail, there to be confined until they may safely be removed back to the place of their first confinement. Such removals shall be at the expense of the United States.

Sec. 4263. The master of any vessel employed in transporting passengers between the United States and Europe is authorized to maintain good discipline and such habits of cleanliness among the passengers as will tend to the préservation and promotion of health; and to that end he shall cause such régulations as he may adopt for this purpose to be posted up, before sailing, on board such vessel, in a place accessible to such passengers, and shall keep the same so posted up during the voyage. Such master shall cause the apartments occupied by such passengers to be kept at ail times in a clean healthy state ; and the owners of every such vessel so employed are required to construct the decks and ail parts of the apartments so that they can be thoroughly cleansed ; and also to provide a safe, convenient privy or water-closet for the exclusive use of every one hundred such passengers. The master shall also , when the weather is such that the passengers can not be mustered on deck with their bedding, and at such other times as he may deem necessary , cause the deck occupied by such passengers to be cleansed with chloride of lime or some other equally efficient disinfecting agent. And for each neglect or violation of any of the provisions of this section the master and owner of any such vessel shall be severally liable to the United States in a penalty of fifty dollars, to be recovered in any circuit or district court within the jurisdiction of which such vessel may arrive or from which she is about to départ, or at any place where the owner or master may be found.

[Extract from act August 1, 1888.]

Whenever any person shall trespass upon the grounds belonging to any quarantine réservation, * * * such person trespassing, * * * shall, upon conviction thereof, pay a fine of not more than three hundred dollars, or be sentenced to imprisonment for a period of not more than

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thirty days, or shall be punished by both fine and imprisônment , at the discrétion of the court. And it shall be the duty of the United States attorney in the district where the misdemeanor shall have been committed to take immédiate cognizance of the offense, upon report made to him by any médical officer of the Marine-Hospital Service, or by any officer of the customs service, or by any State officer acting under authority of section five of said act.

[Extract from act March 27, 1890.]

Sec. 2. That any officer, or person acting as an officer, or agent of the United States at any quarantine station, or other person employed to aid in preventing the spread of such disease, who shall willfully violate any of the quarantine laws of the United States , * * * or any lawful order of his superior officer or officers , shall be deemed guilty of a misdemeanor, and upon conviction shàll be punished by a fine of not more than three hundred dollars or imprisônment for not more than one year, or both, in the discrétion of the court.

Sec. 3. That when any common carrier or officer, agent, or employé of any common carrier shall willfully violate any of the quarantine laws of the United States, * * * such common carrier , officer , agent , or employé shall be deemed guilty of a misdemeanor, and shall, on conviction, be punished by a fine of not more than five hundred dollars , or imprisônment for not more than two years, or both, in the discrétion of the court.

An act granting additional quarantine powers and imposing additional duties upon the Marine-Hospital Service.

[Approved, February 15 , 1893.]

Be it enacted by the Senate and House of Représentatives of the United States of America in Congress assembled, That it shall be unlawful for any merchant ship or other vessel from any foreign port or place to enter any port of the United States except in accordance with the provisions of this act and with such rules and régulations of State and municipal health authorities as may be made in pursuance of, or consistent with, this act; and any such vessel which shall enter, or attempt to enter, a port of the United States in violation thereof shall forfeit to the United States a sum , to be awarded in the discrétion of the court, not exceeding five thousand dollars, which shall be a lien upon said vessel, to be recovered by proceedings in the proper district court of the United States. In ail such proceedings the United States district attorney for such district shall appear on behalf of the United States ; and ail such proceedings shall be conducted in accordance with the rules and laws governing cases of seizure of vessels for violation of the revenue laws of the United States.

Sec. 2. That any vessel at any foreign port clearing for any port or place in the United States shall be required to obtain from the consul, vice-consul , or other consular officer of the United States at the port of departure, or from the médical officer where such officer has been de-

148 États-Unis d'Amérique.

tailed by the Président for that purpose, a bill of health, in duplicate, in the form prescribed by the Secretary of the Treasury, setting forth the sanitary history and condition of said vessel, and that it has in ail respects complied with the rules and régulations in such cases prescribed for securing the best sanitary condition of the said vessel, its cargo, passengers, and crew ; and said consular or médical officer is required, before granting such duplicate bill of health, to be satisfied that the matters and things therein stated are true ; and for his services in that behalf he shali be entitled to demand and receive such fees as shall by lawful régulation be allowed, to be accounted for as is required in other cases.

The Président, in his discrétion, is authorized to détail any médical officer of the Government to serve in the office of the consul at any foreign port for the purpose of furnishing information and making the inspection and giving the bills of health hereinbefore mentioned. Any vessel clearing and sailing from any such port without sach bill of health, and entering any port of the United States, shall forfeit to the United States not more than five thousand dollars, the amount to be determined by the court, which shall be a lien on the same, to be recovered by proceedings in the proper district court of the United States. In ail such proceedings the United States district attorney for such district shall appear on behalf of the United States; and ail such proceedings shall be conducted in accordance with the rules and laws governing cases of seizure of vessels for violation of the revenue laws of the United States.

Sec. 3. That the Supervising Surgeon-General of the Marine-Hospital Service shall, immediately after this act takes efîect, examine the quarantine régulations of ail State and municipal boards of health, and shall, under the direction of the Secretary of the Treasury , cooperate with and aid State and municipal boards of health in the exécution and enforcement of the rules and régulations of such boards and in the exécution and enforcement of the rules and régulations made by the Secretary of the Treasury to prevent the introduction of contagious or infectious diseases into the United States from foreign countries, and into one State or Territory or the District of Columbia from another State or Territory or the District of Columbia; and ail rules and régulations made by the Secretary of the Treasury shall operate uniformly and in no manner discriminate against any port or place ; and at such ports and places within the United States as have no quarantine régulations, under State or municipal authority , where such régulations are , in the opinion of the Secretary of the Treasury, necessary to prevent the introduction of contagious or infectious diseases into the United States from foreign countries, or into one State or Territory or the District of Columbia from another State or Territory or the District of Columbia, and at such ports and places within the United States where quarantine régulations exist under the authority of the State or municipality which, in the opinion of the Secretary of the Treasury, are not sufficient to prevent the introduction of such diseases into the United States, or into one State or Territory or the District of Columbia from another State or Territory or the

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District of Columbia, the Secretary of the Treasury shall, if in his judgment it is necessary and proper, make such additional rules and régulations as are necessary to prevent the introduction of such diseases into the United States from foreign countries, or into one State or Territory or the District of Columbia from another State or Territory or the District of Columbia, and when said rules and régulations have been made they shall be promulgated by the Secretary of the Treasury and enforced by the sanitary authorities of the States and municipalities , where the State or municipal health authorities will undertake to exécute and enforce them ; but if the State or municipal authorities shall fail or refuse to enforce said rules and régulations the Président shall exécute and enforce the same and adopt such measures as in his judgment shall be necessary to prevent the introduction or spread of such diseases, and may détail or appoint officers for that purpose. The Secretary of the Treasury shall make such rules and régulations as are necessary to be observed by vessels at the port of departure and on the voyage, where such vessels sail trom any foreign port or place to any port or place in the United States, to secure the best sanitary condition of such vessel, her cargo, passengers, and crew, which shall be published and communicated to and enforced by the consular officers of the United States. None of the penalties herein imposed shall attach to any vessel or owner or officer thereof until a copy of this act, with the rules and régulations made in pursuance thereof, has been posted up in the office of the consul or other consular officer of the United States for ten days , in the port from which said vessel sailed ; and the certificate of such consul or consular officer over his officiai signature shall be compétent évidence of such posting in any court of the United States.

Sec. 4. That it shall be the duty of the Supervising Surgeon- General of the Marine-Hospital Service, under the direction of the Secretary of the Treasury, to perform ail the duties in respect to quarantine and quarantine régulations which are provided for by this act, and to obtain information of the sanitary condition of foreign ports and places from which contagious and infectious diseases are or may be imported into the United States, and to this end the consular officer of the United States at such ports and places as shall be designated by the Secretary of the Treasury shall make to the Secretary of the Treasury weekly reports of the sanitary condition of the ports and places at which they are respectively stationed, according to such forms as the Secretary of the Treasury shall prescribe ; and the Secretary of the Treasury shall also obtain, through ail sources accessible, including State and municipal sanitary authorities throughout the United States, weekly reports of the sanitary condition of ports and places within the United States, and shall prépare, publish, and transmit to collectors of customs and to State and municipal health officers and other sanitarians weekly abstracts of the consular sanitary reports and other pertinent information received by him, and shall also, as far as he may be able, by means of the voluntary coopération of State and municipal authorities, of public associations, and private persons, procure

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information relating to the climatic and other conditions affecting the public health, and shall make an annual report of his opérations to Congress, with such recommendations as he may deem important to the public interest.

Sec. 5. That the Secretary of the Treasury shall from time to time issue to the consular officers of the United States and to the médical officers serving at any foreign port, and otherwise make publicly known, the rules and régulations made by him , to be used and complied with by vessels in foreign ports, for securing the best sanitary condition of such vessels, their cargoes, passengers, and crew, before their departure for any port in the United States , and in the course of the voyage ; and ail such other rules and régulations as shall be observed in the inspection of the same on the arrivai thereof at any quarantine station at the port of destination, and for the disinfection and isolation of the same, and the treatment of cargo and persons on board, so as to prevent the introduction of choiera, yellow fever, or other coniagious or înfectious diseases; and it shall not be lawful for any vessel to enter said port to discharge its cargo, or land its passengers, except upon a certificate of the health officer at such quarantine station certifying that said rules and régulations bave in ail respects been observed and complied with, as well on his part as on the part of the said vessel and its master, in respect to the same and to its cargo, passengers, and crew; and the master of every such vessel shall produce and deliver to the collector of customs at said port of entry, together with the other papers of the vessel, the said bills of health required to be obtained at the port of departure and the certificate herein required to be obtained from the health officer at the port of entry; and that the bills of health herein prescribed shall be considered as part of the ship's papers, and when duly certified to by the proper consular or other officer of the United States, over his officiai signature and seal, shall be accepted as évidence of the statements therein contained in any court of the United States.

Sec. 6. That on the arrivai of an infected vessel at any port not provided with proper facilities for treatment of the same, the Secretary of the Treasury may remand said vessel, at its own expense, to the nearest national or other quarantine station, where accommodations and appliances are provided for the necessary disinfection and treatment of the vessel, passengers , and cargo ; and after treatment of any infected vessel at a national quarantine station, and after certificate shall have been given by the United States quarantine officer at said station that the vessel, cargo, and passengers are each and ail free from infectious disease, or danger of conveying the same, said vessel shall be admittecl to entry to any port of the United States named within the certificate. But at any ports where sufficient quarantine provision has been made by State or local authorities the Secretary of the Treasury may direct vessels bound for said ports to undergo quarantine at said State or local station.

Sec. 7. That whenever it shall be shown to the satisfaction of the Président that by reason of the existence of choiera or other infectious or contagious diseases in a foreign country there is serious danger of the

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introduction of the same into the United States, and that notwithstanding the quarantine défense this danger is so increased by the introduction of persons or property from such country that a suspension of the right to introduce the same is demanded in the interest of the public health , the Président shall have power to prohibit, in whole or in part, the introduction of persons and property from such countries or places as he shall designate and for such period of time as he may deem necessary.

Sec. •S. That whenever the proper authorities of a State shall surrender to the United States the use of the buildings and disinfecting apparatus at a State quarantine station, the Secretary of the Treasury shall be authorized to receive them and to pay a reasonable compensation to the State for their use, if in his opinion they are necessary to the United States.

Sec. 9. That the act entitled »An act to prevent the introduction of infectious or contagious diseases into the United States, and to establish a national board of health,« approved March 3, 1879, be, and the same is hereby, repealed. And the Secretary of the Treasury is directed to obtain possession of any property, furniture, books, paper, or records belonging to the United States which are not in the possession of an officer of the United States under the Treasury Department which were formerly in the use of the National Board of Health or any officer or employé thereof.

Preamble.

1. At or convinient to the principal ports of the United States quarantine stations should be equipped with ail appliances for the inspection and treatment of vessels, their passengers, crews and cargoes.

2. At ail other ports where such provisions have not been made inspection stations should be maintained.

3. An inspection service should be maintained at every port throughout the year.

4. At a fully equipped quarantine station there should be adéquate provisions for boarding and inspection, apparatus for mechanical cleaning of vessels, apparatus for steatn disinfection, apparatus for disinfection with snlphur dioxide, apparatous for disinfecting solutions, hospitals for contagious and doubtful cases, détention barracks for suspects, bathing facilities, crematory, and sufficient supply of good water.

5. The personnel of quarantine stations in the yellow-fever zone and on fruiters for southern ports should be immune against yellow fever.

6. At quarantine stations ail articles liable to convey infection should be handled only by the employés of said station unless the services of the crew are indispensable.

7. Vessels haviug been treated at national quarantine stations that are located a considérable distance from the ports of entry of said vessels may be inspected by the local quarantine officer, and if for any sanitary reason it is considered inadvisable to admit the vessel he should report the facts immediately to the Supervising Surgeon - General M. H. S. detaining the vessel pending his action.

Etats-Unis d'Amérique.

8. The following régulations are the required minimum standard and do not prevent the addition of such other rules as , for spécial reasons, may be legally made by State or local authorities.

Régulations for Maritime quarantine at United States ports. Article I. — Inspection.

1. Vessels arriving at ports of the United States under th« following conditions shall be inspected by a quarantine offîcer prior to entry.*)

A. Any vessel with sickness on board.

B. Ail vessels from foreign ports.

Exceptions. — Vessels not carrying passengers on inland waters of the United States. Vessels from the Pacific and Atlantic coasts of British America, provided they do not carry persons or effects of persons nonresident in America for the ninety days next preceding arrivai, and provided always that the port of departure be free from quarantinable disease. Vessels from other foreign ports via thèse excepted ports shall be inspectée!.

C. Vessels from foreign ports having entered a port of the United States without complète discharge of passengers and cargo. Such vessels shall be subject to a second inspection before entering any other port. Vessels from ports suspected of infection with yellow-fever, having entered a port north of the southern boundary of Maryland without disinfection, shall be subjected to a second inspection before entering any port south of said latitude during the quarantine season of such port.

2. The inspection of vessels required by thèse régulations shall be made between sunrise and sunset, except in case of vessels in distress.

3. The quarantine offîcer shall at once demand from the master the prescribed bill of health. Should the vessel have no bill of health, the fact shall be reported at once to the collector of customs.

4. In making the inspection of a vessel, the bill of health and crew and passengers' lists and manifests, and, when necessary, the ship's log, shall be examined , together with the clinical record of ail cases treated in hospital during the voyage. The crew and passengers shall be mustered and examined and compared with the lists and manifests, and any discrepancies investigated.

Article IL — Quarantine.

1. For the purpose of thèse régulations the quarantinable diseases are choiera (cholerine), yellow fever, smallpox, plague, and typhus fever.

2. Vessels arriving under the following conditions shall be placed in quarantine:

A. With quarantinable disease on board.

B. Having had such on board during the voyage or within thirty

*) At ports at which there is no quarantine offîcer any phyeician authorized by the surveyor or collector of customs for the purpose of making inspection shall be considered as a quarantine offîcer pro tem.

Immigration des Etrangers.

days next preceding arrivai; or, if arriving in the quarantine season, having had yellow fever on board after March 1 of the current year, unless satisfactorily disinfected thereafter.

C Vessels having had choiera on board within six months , unies satisfactorily disinfected thereafter.

D. From ports infected with yellow fever, choiera, plague, or where typhus fever prevails in épidémie form , coming directly or via another foreign port, or via United States ports, unless disinfected as prescribed by the United States quarantine régulations; also vessels from noninfected ports but bringing persons or cargo from places infected with choiera, yellow fever, plague, or where typhus fever prevails in épidémie form, except as subsequently noted.

E. Vessels from ports in the West Indies on the east coast of America between 23° 30' N. and 32° S. latitude, and from the west coast of Afiica between 23° 30' N. and 10° S. latitude, except such as are known and declared by the Supervising Surgeon - General to be free from infection, arriving at any port in the United States.

Exceptions. — The following exceptions may be made to Rules D and E with regard to vessels from ports quarantined against on account of Yellow fever :

(1) Vessels arriving during certain seasons of the year, to wit, from November 1 to May 1, may be admitted to entry.

(2) Vessels bound for ports in the United States north of the southern boundary of Maryland , with good sanitary condition and history, having had no sickness on board at ports of departure en route or on arrivai, provided they have been five days from last infected or suspected port, may be allowed entry at port of destination. But if said vessels carry passengers destined for places south of this latitude, the baggage of siad passengers shall be disinfected.

(3) A vessel calling for orders, supplies , or coaling only may be allowed to proceed, unless there is a quarantinable disease on board at the time, or such disease has been on board at ports en route or at ports of departure, and when she is believed to be infected , in which case coal or supplies by barge can be towed to her, and she can take the coal or supplies from the barge with her on crew; but the local health officer at the port shall allow no person or dunnage from such vessel to go ashore.

(4) Vessels not carrying passengers nor having carried passengers from one port to another and having held no communication with any other vessel engaged in the fruit trade , carrying only fruit , unwrapped rubber, or specie, from ports known to be healthy, and so declared by the Supervising Surgeon-General M. H. S., may be admitted to entry without détention, provided they have complied in every respect with the rules and régulations made by the Secretary of Treasury for such ports.

3. Persons who arrive on vessels coming from any port or place where smallpox is prevailing in épidémie from or having had smallpox on board must be vaccin ated or show satisfactory évidente of récent vaccination or of having had smallpox, or be detained in quarantine not less

Etats- Unis d'Amérique.

than fourteen days, and ail effects and compartiments liable to convey infection disinfected.

4. Ail passengers occupying apartments other than first and second cabin shall be vaccinated prior to entry, unless they can show that they have had smallpox, or have been recently successfully vaccinated, or be detained in quarantine fourteen days.

Article III. — Treatment in Quarantine of Cholera-Infected Vessels.

1. * Remove ail persons from the vessel (if choiera has occurred on board) save those necessary to care for her. Place the sick in hospital and carefully isolate those specially suspected. Segregate the remainder in small groups wherever it is practicable. Those belived to be especially capable of conveying infection must not enter the barracks until they are bathed and furnished with stérile clothing ; nor should any material capable of conveying infection be taken into the barracks, especially food.

2. At once proceed with the disinfection of the hand baggage, and, where practicable, bathe those detained.

3. If choiera has occurred in the steerage, ail occupants thereof must be bathed.

4. Ail baggage and efifects accompanying steerage passengers and any baggage or effects that may have been exposed to infection must be disinfected.

5. Such articles of cargo as are liable to convey infection must be disinfected.

6. Ail living apartments and furniture and such other portions of a vessel as are liable to convey infection shall be disinfected.

7. On choîera-infected vessels the water supply must be changed without delay, the casks or tanks disinfected by steam or 10 per cent solution of potassium permanganate, and after thorough rinsing refilled from a source of undoubted purity, or the water supplied be recently boiled.

8. Nothing shall be thrown overboard from a cholera-infected vessel, not even deck sweepings. Such things shall be burned in the furnace or in a place specially designated, but not in the galley.

9. No communication shall be allowed between any vessel in quarantine and the shore or any other vessel, except through the quarantine officer, or by his order, through his agents.