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ACT TO LIMIT THE IMMIGRATION OF ALIENS INTO THE

UNITED STATES (Act of May 11, 1922 (42 Stat. 040), amending clause (7), subd. (a), sec. 2, and secs. 5 and 6, of May 19, 1921' (8 U. S. C. 229),

incorporated at p. 83.]

ACT TO PROHIBIT THE IMPORTATION AND USE OF OPIUM FOR

OTHER THAN MEDICINAL PURPOSES (Act of May 26, 1922 (42 Stat. 696–597), amending subds. (a) and (b), sec. 1, and

subds. (c) and (e), sec. 2, Act of February 9, 1909 (21 U. 8. c. 171, 174-175), Incorporated at p. 66.]

CERTAIN ALIENS TEMPORARILY ADMITTED UNDER ACT OF MAY 1921 AND UNDER BOND IN EXCESS OF QUOTAS MAY REMAIN

Act approved December 27, 1922 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That aliens who entered the United States before March 7, 1922, in excess of quotas fixed under authority of the Act entitled "An Act to limit the immigration of aliens into the United States," approved May 19, 1921, and were temporarily admitted under bond, may, if otherwise admissible, and if not subject to deportation for other causes, be permitted by the Attorney General to remain in the United States without regard to the provisions of such Act of May 19, 1921. In the case of any alien so permitted to remain the bond shall be canceled. 39 (42 Stat. 1065; 8 U. S. C. 227.)

IMMIGRATION ACT OF MAY 26, 1924 (Act of May 28, 1924 (43 Stat. 153–169), as amended, incorporated on pp. 39 to 61.)

ACT CREATING BORDER PATROL
Act approved May 28, 1924. See also Act of February 27, 1925, p. 87

Provided, That at least $1,000,000 of this amount ($4,500,000] shall be expended for additional land-border patrol of which $100,000 shall be immediately available. (43 Stat. 240; 8 U.S. C. 118.)

CERTAIN ALIENS ARRIVING IN EXCESS OF QUOTAS PERMITTED

TO REMAIN IN THE UNITED STATES

Act approved June 7, 1924

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the following aliens arriving in excess of quotas fixed under authority of the Act entitled “An Act to limit the immigration of aliens into the United States," approved May 19, 1921, as amended and extended, may, if otherwise admissible and if not subject to deportation for other causes, be permitted to enter and remain in the United States without regard to the provisions of such Act of May 19, 1921, as amended and extended:

* Act of May 19, 1921, incorporated at p. 82.

(1) Aliens heretofore admitted in excess of quota and charged to the quota of a later month;

(2) Aliens heretofore admitted under a construction of such Act of May 19, 1921, required by court decision;

(3) Aliens arriving in the United States after May 26 and before July 1, 1924, who departed for the United States from the last port outside the United States or outside foreign.contiguous territory on or before May 26, 1924, believing in good faith that they would be admitted pursuant to a construction of such Act of May 19, 1921, required by court decision; and

(4) Aliens heretofore temporarily admitted under bond to relieve cases of extreme hardship.82 (43 Stat. 669; 8 U. S. C. 228.)

AUTHORIZING THE PRESIDENT IN CERTAIN CASES TO MODIFY

VISÉ FEES

Act approved February 25, 1925 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That notwithstanding existing law fixing the fees to be collected for visés of passports of aliens and for executing applications for such visés, the President be, and he is hereby, authorized, to the extent consistent with the public interest, to reduce such fees or to abolish them altogether, in the case of any class of aliens desiring to visit the United States who are not "immigrants” as defined in the Immigration Act of 1924, and who are citizens or subjects of countries which grant similar privileges to citizens of the United States of a similar class visiting such countries.33 (43 Stat. 976; 8 U.S. C. 202 (i).)

RELATING TO THE BORDER PATROL
Act approved February 27, 1925.' See also Act of May 28, 1924, p. 86

*

Provided, That $1,000,000 of this amount ($5,084,865] shall be available only for coast and land-border patrol:

and Provided further, That hereafter any employee of the Immigration and Naturalization Service authorized so to do under regulations prescribed by the Commissioner of Immigration and Naturalization with the approval of the Attorney General, shall have power without warrant (1) to arrest any alien who in his presence or view is entering or attempting to enter the United States in violation of any law or regulation made in pursuance of law regulating the admission of aliens, and to take such alien immediately for examination before an immigrant inspector or 82 Act of May 19, 1921, incorporated at p. 82.

* See subd. (h) of sec. 2, Act of May 26, 1924 (43 Stat. 153; 8 U. 8. C. 202 (h)). p. 41, for other provisions covering visa fees.

568700—44-7

other official having authority to examine aliens as to their right to admission to the United States, and (2) to board and search for aliens any vessel within the territorial waters of the United States, railway car, conveyance, or vehicle, in which he believes aliens are being brought into the United States; and such employee shall have power to execute any warrant or other process issued by any officer under any law regulating the admission, exclusion, or expulsion of aliens. (43 Stat. 1049–1050; 8 U. S. C. 110.)

AIR COMMERCE ACT OF 1926
Act approved May 20, 1926, as amended

SEC. 7. APPLICATION OF EXISTING LAWS RELATING TO FOREIGN COMMERCE

(b) The Secretary of the Treasury is authorized to (1) designate places in the United States as ports of entry for civil aircraft arriving in the United States from any place outside thereof and for merchandise carried on such aircraft, (2) detail to ports of entry for civil aircraft such officers and employees of the customs service as he may deem necessary, and to confer or impose upon any officer or employee of the United States stationed at any such port of entry with the consent of the head of the Government department or other independent establishment under whose jurisdiction the officer or employee is serving) any of the powers, privileges, or duties conferred or imposed upon officers or employees of the customs service, and (3) by regulation to provide for the application to civil air navigation of the laws and regulations relating to the administration of the customs laws to such extent and upon such conditions as he deems necessary. [The Federal Security Administrator is authorized by regulation to provide for the application to civil air navigation of the laws and regulations relating to the administration of the public health laws to such extent and upon such conditions as he deems necessary.] * (44 Stat. 572; 49 U.S. C. 177 (b).).

(c) The Secretary of Commerce is authorized by regulation to provide for the application to civil aircraft of the laws and regulations relating to the entry and clearance of vessels to such extent and upon such conditions as he deems necessary.

(d) The Attorney General is authorized to (1) designate any of the ports of entry for civil aircraft as ports of entry for aliens arriving by aircraft, (2) detail to such ports of entry such officers and employees of the Immigration and Naturalization Service as he may deem necessary, and to confer or impose upon any employee of the United States stationed at such port of entry (with the consent of the head of the Government department or other independent establishment under whose jurisdiction the officer or employee is serving) any of the powers, privileges, or duties conferred or imposed upon officers or employees of the Immigration and Naturalization Service, and (3) by regulation to provide for the application to civil air navigation of the laws and regulations relating to the administration of the immigration laws to such extent and upon such conditions as he deems necessary. (44 Stat. 572–573; 49 U. S. C. 177 (c)-177 (d).)

* Reorganization Plan No. I, effective July 1, 1939 (53 Stat. 1425 ; 5 U. S. C. 133t). Prior thereto, sec. 7 (b), clause (3), Act of May 20, 1926 (44 Stat. 572), read as follows: “(3) by regulation to provide for the application to civil air navigation of the laws and regulations relating to the administration of the customs and public health laws to such extent and upon such conditions as he deems necessary."

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SEC. 9. DEFINITIONS. AS USED IN THIS ACT

年 (b) The term “United States," when used in a geographical sense, means the territory comprising the several States, Terri. tories, possessions, and the District of Columbia (including the territorial waters thereof), and the overlying airspace; but shall not include the Canal Zone.

(c) The term "aircraft” means any contrivance now known or hereafter invented, used, or designed for navigation of or flight in the air, except a parachute or other contrivance designed for such navigation but used primarily as safety equipment.

(d) The term "public aircraft” means an aircraft used exclusively in the government service.

(e) The term "civil aircraft” means any aircraft other than a public aircraft.

(f) The term "aircraft of the United States” means any aircraft registered under this Act,35 or the Civil Aeronautics Act of 1938.

(g) The term "airport” means any locality, either of water or land, which is adapted for the landing and taking off of aircraft and which provides facilities for shelter, supply, and repair of aircraft; or a place used regularly for receiving or discharging passengers or cargo by air.

(h). The term "emergency landing field” means any locality, either of water or land, which is adapted for the landing and taking off of aircraft, is located along an airway, and is intermediate to airports connected by the airway, but which is not equipped with facilities for shelter, supply, and repair of aircraft and is not used regularly for the receipt or discharge of passengers or cargo by air.

(i) The term "air navigation facility” includes any airport, emergency, landing field, light or other signal structure, radio directional finding facility, radio or other electrical communication facility, and any other structure or facility, used as an aid to air navigation,

(j) The term "civil airway" means a route in the navigable airspace designated by the Secretary of Commerce 38 as a route suitable for interstate or foreign air commerce.

(k) The term "airman” means any individual (including the person in command and any pilot, mechanic, or member of the crew) who engages in the navigation of aircraft while under way, and any individual who is in charge of the inspection, overhauling, or repairing of aircraft, 37 or of parachutes. (44 Stat. 573-574; 48 Stat. 1115; 52 Stat. 1028; 49 U. S. C. 179; Reorganization Plan No. IV (5 F. R. 2421).)

33 Act of June 19. 1934 (48 Stat, 1116 ; 49 U. S. C. 181 (b)). Prior thereto, subd. (b). Act of May 20, 1926 (44 Stat. 574), was amended by adding to the end thereof, the following clause : “or the Civil Aeronautics Act of 1938."

30 Reorganization Plan No. 1V, Act of April 3, 1939 (5 F. R. 2421), effective June 30, 1940. During the period of June 23, 1938. to June 30. 1940, the words "Administrator in the Civil Aeronautics Authority" were substituted for the words "Secretary of Commerce" Act of June 23. 1938 (52 Stat. 1028; 49 U. S. C. 179). Prior thereto, subd. (1) of sec. 9, Act of May 20, 1926 (44 Stat. 674), read as at present.

37 Act of June 19, 1934 (48 Stat. 1115 ; 49 U. S. C. 179), amended sec. 9, Act of May 20, 1926 (44 Stat. 573-574), by adding at the end thereof the following: '"or of parachutes."

SEC. 11. PENALTIES

(b) Any person who (1) violates any entry or clearance regulation made under section 7 (c), or (2) any immigration regulation made under such section, shall be subject to a civil penalty of $500 which may be remitted or mitigated by the Secretary of Commerce, or the Attorney General, respectively, in accordance with such proceedings as the Secretary (or the Attorney General] shall by regulation prescribe. Any person violating any customs or public health regulation made under section 7 (b) of this Act, or any provision of the customs or public health laws or regulations thereunder made applicable to aircraft by regulation under such section shall be subject to a civil penalty of $500, and any aircraft used in connection with any such violation shall be subject to seizure and forfeiture as provided for in such customs or public health laws, which penalty and forfeiture may be remitted or mitigated by the Secretary of the Treasury.30 In case the violation is by the owner or person in command of the aircraft, the penalty shall be a lien against the oircraft. Any civil penalty imposed under this section may be collected by proceedings in personam against the person subject to the penalty and/or in case the penalty is a lien, by proceedings in rem against the aircraft. Such proceedings shall conform as nearly as may be to civil suits in admiralty, except that either party may demand trial by jury of any issue of fact, if the value in controversy exceeds $20, and facts so tried shall not be reexamined other than in accordance with the rules of the common law. The fact that in a libel in rem the seizure is made at a place not upon the high seas or navigable waters of the United States, shall not be held in any way to limit the requirement of the conformity of the proceedings to civil suits in rem in admiralty. The Supreme Court of the United States, and under its direction other courts of the United States, are authorized to prescribe rules regulating such proceedings in any particular not provided by law. The determination under this section as to the remission or mitigation of a civil penalty imposed under this section shall be final. In case libel proceedings are pending at any time during the pendency of remission or mitigation proceedings, the Secretary shall give notice thereof to the United States attorney prosecuting the libel proceedings.

(c) Any aircraft subject to a lien for any civil penalty imposed under this section may be summarily seized by and placed in the custody of such persons as the appropriate Secretary (or the Attorney General] may by regulation prescribe and a report of the case thereupon transmitted to the United States attorney for the

ss Act of June 23, 1938 (52 Stat. 1029; 49 U. S. C. 181 (b)). Prior thereto, subd. (b), sec. 11, Act of May 20, 1926 (44 Stat. 574), read in part as follows: "any provision of subdivision (a) of this section or any entry or clearance regulation made under section 7 (b)".

39 Act of June 19, 1934 (48 Stat. 1116; 49 U. S. C. 181 (b)). Prior thereto, subd. (b), sec. 11, Act of May 20, 1926 (44 Stat. 574), read in part as follows: "Any person who (1) violates anş provision of subdivision (a) of this section or any entry or clear ance regulation made under section 7, or (2) any customs or public health regulation made under such section, or (3) any immigration regulation made under such section, shall be subject to a civil penalty of $500 which may be remitted or mitigated by the Secretary of Commerce, the Secretary of the Treasury, or the Secretary of Labor, respectively, in accordance with such proceedings as the Secretary shall by regulations prescribe."

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