SIGNING ALIEN ON SHIP'S ARTICLES WITH INTENT TO PERMIT LANDING IN VIOLATION OF LAWS; PENALTY SEC. 31. That any person, including the owner, agent, consignee, or master of any vessel arriving in the United States from any foreign port or place, who shall knowingly sign on the ship's articles, or bring to the United States as one of the crew of such vessel, any alien, with intent to permit such alien to land in the United States in violation of the laws and treaties of the United States regulating the immigration of aliens, or who shall falsely and knowingly represent to the immigration authorities at the port of arrival that any such alien is a bona fide member of the crew, shall be liable to a penalty not exceeding $5,000, for which sum the said vessel shall be liable and may be seized and proceeded against by way of libel in any district court of the United States having jurisdiction of the offense. (39 Stat. 895; 8 U. S. C. 165.) SEC. 32. [Repealed by section 20 (d) of the Immigration Act of 1924, but shall remain in force as to all vessels, their owners, agents, consignees and masters, and as to all seamen arriving in the United States prior to the enactment of this Act.]" (43 Stat. 165; 8 U. S. C. 167c.) PAYING OFF OR DISCHARGING EXCLUDED ALIENS EMPLOYED ON VESSELS: LANDING TO ALLOW RESHIPPING SEC. 33. That it shall be unlawful and be deemed a violation of the preceding section to pay off or discharge any alien employed on board any vessel arriving in the United States from any foreign port or place, unless duly admitted pursuant to the laws and treaties of the United States regulating the immigration of aliens: Provided, That in case any such alien intends to reship on board any other vessel bound to any foreign port or place, he shall be allowed to land for the purpose of so reshipping, under such regulations as the Attorney General may prescribe to prevent aliens not admissible under any law, convention, or treaty from remaining permanently in the United States, and may be paid off, discharged, and permitted to remove his effects, anything in such laws or treaties or in this Act to the contrary notwithstanding, provided due notice of such proposed action be given by the master or the seaman himself to the principal immigration and naturalization officer in charge at the port of arrival." (39 Stat. 896; 8 U.S. C. 168.) 8 Section 20 (d), Act of May 26, 1924 (43 Stat. 165; 8 U. S. C. 167c). Prior thereto, section 32, Act of February 5, 1917 (39 Stat. 895), read as follows: "That no alien excluded from admission into the United States by any law, convention, or treaty of the United States regulating the immigration of aliens, and employed on board any vessel arriving in the United States from any foreign port or place, shall be permitted to land in the United States, except temporarily for medical treatment, or pursuant to regulations prescribed by the Secretary of Labor providing for the ultimate removal or deportation of such alien from the United States, and the negligent failure of the owner, agent, consignee, or master of such vessel to detain on board any such alien after notice in writing by the immigration officer in charge at the port of arrival, and to deport such alien, if required by such immigration officer or by the Secretary of Labor, shall render such owner, agent, consignee, or master liable to a penalty not exceeding $1,000, for which sum the said vessel shall be liable, and may be seized and proceeded against by way of libel in any district court of the United States having Jurisdiction of the offense." See Neutrality Act of 1939 approved November 4, 1939, sec. 10 (c) (54 Stat. 9; 22 U. 8. C. 8451-9 (c), p. 106, which supplements section 33, Act of February 5, 1917 (30 Stat. 896; 8 U. S. C. 168). LANDING OF EXCLUDED SEAMEN PROHIBITED; TEMPORARY LANDING; DEPORTATION WITHIN 3 YEARS SEC. 34. That any alien seaman who shall land in a port of the United States contrary to the provisions of this Act shall be deemed to be unlawfully in the United States, and shall, at any time within three years thereafter, upon the warrant of the Attorney General, be taken into custody and brought before a board of special inquiry for examination as to his qualifications for admission to the United States, and if not admitted said alien seaman shall be deported at the expense of the appropriation for this Act as provided in section twenty of this Act. (39 Stat. 896; 8 U. S. C. 166.) EMPLOYMENT ON PASSENGER VESSELS OF ALIENS AFFLICTED WITH IDIOCY, ETC.; PENALTY SEC. 35. That it shall be unlawful for any vessel carrying passengers between a port of the United States and a port of a foreign country, upon arrival in the United States, to have on board employed thereon any alien afflicted with idiocy, imbecility, insanity, epilepsy, tuberculosis in any form, or a loathsome or dangerous contagious disease, if it appears to the satisfaction of the Attorney General, from an examination made by a medical officer of the United States Public Health Service, and is so certified by such officer, that any such alien was so afflicted at the time he was shipped or engaged and taken on board such vessel and that the existence of such affliction might have been detected by means of a competent medical examination at such time; and for every such alien so afflicted on board any such vessel at the time of arrival the owner, agent, consignee, or master thereof shall pay to the collector of customs of the customs district in which the port of arrival is located the sum of $50, and pending departure of the vessel the alien shall be detained and treated in hospital under supervision of immigration and naturalization officials at the expense of the vessel; and no vessel shall be granted clearance pending the determination of the question of the liability to the payment of such fine and while it remains unpaid: Provided, That clearance may be granted prior to the determination of such question upon the deposit of a sum sufficient to cover such fine: Provided further, That such fine may, in the discretion of the Attorney General, be mitigated or remitted." (39 Stat. 896; 8 U.S. C. 169.) LISTS OF ALIENS EMPLOYED ON VESSELS ARRIVING FROM FOREIGN PORTS; REPORTS OF ALIENS ILLEGALLY LANDED; PENALTY SEC. 36. That upon arrival of any vessel in the United States from any foreign port or place it shall be the duty of the owner, agent, consignee, or master thereof to deliver to the principal immigration and naturalization officer in charge of the port of arrival lists containing the names of all aliens employed on such vessel, stating the positions they respectively hold in the ship's company, 68 See Act of December 26, 1920 (41 Stat. 1082; 8 U. S. C. 170), p. 81, relative to treatment in hospital of diseased seamen. when and where they were respectively shipped or engaged, and specifying those to be paid off and discharged in the port of arrival; or lists containing so much of such information as the Attorney General shall by regulation prescribe; and after the arrival of any such vessel it shall be the duty of such owner, agent, consignee, or master to report to such immigration and naturalization officer, in writing, as soon as discovered, all cases in which any such alien has illegally landed from the vessel, giving a description of such alien, together with any information likely to lead to his apprehension; and before the departure of any such vessel it shall be the duty of such owner, agent, consignee, or master to deliver to such immigration and naturalization officer a further list containing the names of all alien employees who were not employed thereon at the time of the arrival but who will leave port thereon at the time of her departure, and also the names of those, if any, who have been paid off and discharged, and of those, if any, who have deserted or landed; and in case of the failure of such owner, agent, consignee, or master so to deliver either of the said lists of such aliens arriving and departing, respectively, or so to report such cases of desertion or landing, such owner, agent, consignee, or master shall, if required by the Attorney General, pay to the collector of customs of the customs district in which the port of arrival is located the sum of $10 for each alien concerning whom correct lists are not delivered or a true report is not made as above required; and no such vessel shall be granted clearance pending the determination of the question of the liability to the payment of such fine, and, in the event such fine is imposed, while it remains unpaid; nor shall such fine be remitted or refunded: Provided, That clearance may be granted prior to the determination of such question upon deposit of a sum sufficient to cover such fine. (39 Stat. 896-897; 8 U. S. C. 171.) DEFINITIONS: PERSONS; LIABILITY SEC. 37. That the word "person" as used in this Act shall be construed to import both plural and the singular, as the case may be, and shall include corporations, companies, and associations. When construing and enforcing the provisions of this Act, the act, omission, or failure of any director, officer, agent, or employee of any corporation, company, or association acting within the scope of his employment or office shall in every case be deemed to be the act, omission, or failure of such corporation, company, or association, as well as that of the person acting for or in behalf of such corporation, company, or association. (39 Stat. 897; 8 U.S. C. 173.) EFFECTIVE DATE; LAWS UNAFFECTED; REPEALS; SAVING CLAUSE SEC. 38. That this Act, except as otherwise provided in section three, shall take effect and be enforced on and after May first, nineteen hundred and seventeen. The Act of March twenty-sixth, nineteen hundred and ten, amending the Act of February twentieth, nineteen hundred and seven, to regulate the immigration of aliens into the United States; the Act of February twentieth, nineteen hundred and seven, to regulate the immigration of aliens 59 into the United States, except section thirty-four thereof; the Act of March third, nineteen hundred and three, to regulate the immigration of aliens into the United States, except section thirtyfour thereof; and all other Acts and parts of Acts inconsistent with this Act are hereby repealed on and after the taking effect of this Act: Provided, That this Act shall not be construed to repeal, alter, or amend existing laws relating to the immigration or exclusion of Chinese persons or persons of Chinese descent,5 except as provided in section nineteen hereof, nor to repeal, alter, or amend section six, chapter four hundred and fifty-three, third session Fifty-eighth Congress, approved February sixth, nineteen hundred and five, nor to repeal, alter, or amend the Act approved August second, eighteen hundred and eighty-two, entitled "An Act to regulate the carriage of passengers by sea," and amendments thereto, except as provided in section eleven hereof: Provided further, That nothing contained in this Act shall be construed to affect any prosecution, suit, action, or proceedings brought, or any act, thing, or matter, civil or criminal, done or existing at the time of the taking effect of this Act, except as mentioned in the third proviso of section nineteen hereof; but as to all such prosecutions, suits, actions, proceedings, acts, things, or matters, the laws or parts of laws repealed or amended by this Act are hereby continued in force and effect. (39 Stat. 897-898; 8 U. S. C. 178.) CHAMP CLARK, Speaker of the House of Representatives. Vice President of the United States and President of the Senate. IN THE HOUSE OF REPRESENTATIVES, OF THE UNITED STATES, February 1, 1917. The President of the United States having returned to the House of Representatives, in which it originated, the bill (H. R. 10384) "To regulate the immigration of aliens to, and the residence of aliens in, the United States," with his objections thereto, the House proceeded in pursuance of the Constitution to reconsider the same; and, Resolved, That the said bill pass, two-thirds of the House of Representatives agreeing to pass the same. Attest: SOUTH TRIMBLE, Clerk. For repeal of laws relating to the immigration or exclusion of Chinese persons or persons of Chinese descent, see Act of Dec. 17, 1943 (57 Stat, 600), p. 125. IN THE SENATE OF THE UNITED STATES, The Senate having proceeded, in pursuance of the Constitution, to reconsider the bill (H. R. 10384) entitled "An Act to regulate the immigration of aliens to, and the residence of aliens in, the United States," returned to the House of Representatives by the President of the United States, with his objections, and sent by the House of Representatives to the Senate with the message of the President returning the bill, Resolved, That the bill do pass, two-thirds of the Senate agreeing to pass the same. Attest: JAMES M. BAKER, Secretary. |