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some contagious or dangerous contagious disease shall be permitted to land permanently in a port of the United States, and a seaman so aflicted shall be permitted to land temporarily only in the event that he is entitled to receive, or the circumstances are such as to require for humano or sanitary reasons that he shall be afforded, treatment in either a public health or other hospital. (Section 35 of the Immigration Act of 1917, and section 19 of the Immigration Act of 1924, 89 Stat. 896, 43 Stat. 164; 8 U. S. C. 169, 196). If a certificate requiring the vessel to be fined is issued in accordance with section 35 of the Immigration Act of 1917, the seaman shall be detained and treated in a hospital designated by the official in charge "at the expense of the vessel.”*

(41 Stat. 1082; 8 U.S. C. 170)

. 120.28 Amicted seamen; procedure. An "afflicted seaman ” or alien seaman suspected of being an “afflicted seaman” arriving foreign and duly certified shall be ordered by the examining immigration officer immediately removed for hospital treatment or observation, as the case may be, which order shall, in the case of an "afflicted seaman” designate the hospital, and in the case of an alien suspected of being an "afllicted seaman" the immigration station or other appropriate place to which removal shall be effected : Provided, That in the event appropriate facilities for treatment or observation, as the case may be, are not available, removal from vessel will not be ordered except in emergency cases so certified by a Public Health surgeon; instead, the examining immigration officer will serve notice on the master, agent, owner, or consignee of the vessel to detain such "afflicted seaman" or alien suspected of being an "afflicted seaman" on board the vessel, and the officer in charge will notify the officer in charge at the first port of call possessing such facilities (if the vessel is proceeding coastwise) of the presence on said vessel of said alien. The latter official will proceed in the manner hereinbefore provided upon the arrival of the vessel at such port of call to have the alien removed for hospital treatment or observation, as the case may require. If the vessel bringing an "afflicted seaman” or alien suspected of being an "afflicted seaman" arrives at a port at which there are no proper facilities for hospitalization or observation, as the case may be, and no arrangements for hospitalization or observation elsewhere are practicable, and such vessel is not proceeding coastwise to a port possessing such proper facilities or is proceeding directly foreign, then the master, agent, owner, or consignee shall be served with notice to detain such "afflicted seaman" or alien suspected of being an “afllicted seaman" safely on board under proper treatment and conditions of segregation or observation until such vessel sails foreign.* (Sec. 35, 39 Stat. 896, 41 Stat. 1082; 8 U.S. C. 169, 170)

120.29 When clearance of vessel withheld; procedure. Vessels liable for expenses of hospitalization or observation, and for expenses incident thereto, will not be permitted to clear until all such expenses, including those of burial in the event of death, are paid or satisfactorily guaranteed. Guaranties of payment may be accepted by the officer in charge of the port when submitted in form and by guarantors satisfactory to him. In the event of the failure of the master, agent, owner, consignee, or other responsible person to pay such expenses, or to furnish such satisfactory guaranty, the officer in charge of the port shall immediately request the collector of customs to withhold clearance. Such requests, if made informally, must be promptly confirmed in writing.* (41 Stat. 1082; 8 U.S. C. 170)

*For statutory citation, see note to $ 120.1.

120.30 Afflicted seamen; when discharged from hospital; further procedure. If, prior to the expiration of 30 days (or at any time thereafter, if longer detained at the request of the master, agent, owner, consignee, or proper guarantor), the appropriate surgeon of the Public Health Service certifies that an alien removed for hospitalization or observation is cured, or that his mental and physical condition is such that he can resume his calling without danger to himself or others, the officer in charge shall discharge the alien from the hospital, following which his admissibility shall be determined in the same manner as that of arriving alien seamen generally. If such an alien seaman is found eligible to temporary admission under section 120.21, he may, if the vessel on which he arrived has departed, be granted a period not exceeding 29 days within which to reship. Extensions of such admission may be granted in the same manner as granted to other alien seamen. If such an alien seaman is found not entitled to admission, he shall be detained and his departure enforced at the expense of the vessel on which he arrived. (41 Stat. 1082; 8 U.S. C. 170)

120.31 Afflicted seamen; procedure where recovery not certifiable at expiration of 30 days. If the mental or physical condition of an interned alien seaman is such at the expiration of 30 days that he cannot be certified, as provided in § 120.30, then the officer in charge shall return the alien seaman to the vessel on which he arrived, provided said vessel is promptly sailing foreign and a certificate is issued by the Public Health surgeon that the alien can be placed on board and removed by said vessel without danger to his life. If for any reason it is impossible or impracticable to have such an interned seaman promptly returned foreign on board the vessel by which he was brought to the United States, then and in that event he shall be returned foreign on board another vessel of the same line promptly sailing foreign, carrying a ship’s surgeon, or if that is impracticable, then such alien shall be returned foreign as a passenger on any passenger vessel carrying a ship's surgeon: Provided, That in every case where such a seaman is returned foreign the master, agent, owner, or consignee of the vessel by which he is returned, or other responsible party, shall furnish a guaranty satisfactory to the appropriate immigration officer that the seaman will receive proper medical treatment and be segregated from members of the crew and passengers, if there be any of the latter, and that every precaution will be employed to prevent the spread of contagion during the ocean voyage, and (if removal is effected by the vessel which brought the alien, or by one of the same line) that the alien will not be returned to the United States by said vessel, or another one of the same line, unless and until cured : Provided further, That if the vessel by which an "afflicted seaman” arrived is not sailing foreign at the expiration of 30 days said “afflicted seaman" may be permitted (upon written request of the master, agent, owner, consignee, or other acceptable guarantor promising to assume all expenses involved) to remain in hospital until such ship sails foreign.* (41 Stat. 1082; 8 U. S. C. 170)

*For statutory citation, see note to s 120.1.

120.32 Afflicted seamen; periodic check concerning. All officers in charge will see to it that a careful, systematic, and periodical check is maintained of all hospitalized or observation cases to the end that they shall be promptly and properly disposed of pursuant to law and the terms of the regulations in this part.* (41 Stat. 1082; 8 U. S. C. 170)

120.33 Violations of Act providing for treatment of alien seamen to be promptly reported. All violations of the Act entitled "An act to provide for the treatment in hospital of diseased alien seamen”, approved December 26, 1920. (41 Stat. 1082; 8 U. S. C. 170), 'coming to the attention of the immigration officers shall be promptly reported to the Central Office.*

120.34 Detention of seamen pending inspection. The owner, charterer, agent, consignee, or master of any vessel arriving in the United States from any place outside thereof shall detain on board such vessel all alien seamen employed thereon pending the inspection and examination of such alien seamen by the proper immigration and naturalization officials. For the purpose of such in. spection and examination, the owner, charterer, agent, consignee, or master of such vessel may be required by such immigration and naturalization official to muster all aliens employed thereon. The failure or refusal of the owner, charterer, agent, consignee, or master of such vessel to detain any such alien seamen on board until such seamen have been inspected and examined shall be deemed a violation of section 20 of the Immigration Act of 1924.* (Sec. 20 (a), 43 Stat. 164; 8 U. S. C. 167 (a))

120.35 Notice to detain or deport alien employee of vessel; verification of departure. Where, for any cause, the immigration and naturalization official in charge of any port of arrival finds that any alien employed on board any vessel arriving in the United States from any place outside thereof should be detained on such vessel or deported, he shall forthwith serve or cause to be served on the owner, charterer, agent, consignee, or master of such vessel a notice in writing to detain or deport such alien. The notice shall set forth the full name of such alien. In every such case an officer of the Immigration and Naturalization Service shall be detailed to verify the departure of such alien.* (Sec. 20 (a-b), , 43 Stat. 164; 8 U. S. C. 167 (a-b))

120.36 Detained seamen; when removal permitted. Alien seamen ordered detained on board or deported pursuant to section 20 (a) of the Immigration Act of 1924 (43 Stat. 164; 8 U. S. C. 167 (a)) shall not be removed to immigration stations or other places for safe keeping, except in cases of emergency, and in such cases only when the master, agent, owner, charterer, or consignee of the vessel involved shall give satisfactory guaranty that all costs of such removal, including maintenance charges, and damage done

*For statutory citation, see note to $ 120.1.

or

by such seamen to the station or place to which removed, including damage to equipment, shall be paid by such master, agent, owner, charterer, or consignee.* (Sec. 19, 43 Stat. 164; 8 U. S. C. 166)

120.37 Arrest and deportation of seamen; procedure.

(a) An alien temporarily admitted as a bona fide seaman pursuant to section 3 (5) of the Immigration Act of 1924 for the time and under the conditions stated in section 120.21 of this part shall be deemed to have remained in the United States for a longer time than permitted by the terms of his admission or to have failed to maintain the status under which he was admitted if

(1) he is found in the United States after the expiration of the time for which he was temporarily admitted or the expiration of any authorized extension of such period; or

(2) he engages in or seeks employment ashore for hire; or (8) he engages in or seeks employment in the coastwise trade;

(4) he engages or seeks to engage, for profit, in any business not connected with his calling as a seaman; or

(5) he evidences an intention, by any other conduct or by spoken word, to violate the conditions of his temporary admission or to remain in the United States for a longer period than that for which he was admitted, although the period of his temporary admission has not expired; or

(6) he violates or is found to have violated in any way the terms and conditions under which he was admitted, as prescribed by the regulations in force and effect at the time of his admission.

(b) Any such alien shall be taken into custody and deported in accordance with the provisions of section 14 of the Immigration Act of 1924: Provided, however, and notwithstanding any other provisions of this chapter, that any such alien, upon indicating a willingness and ability to reship foreign may, in the discretion of the officer in charge, be placed on board any vessel for reshipment foreign at any time prior to the issuance of a warrant of deportation.*

120.38 Seamen returned to the United States by American consuls.

(a) Applicable regulations. Certain aliens employed as seamen on vessels of American registry are entitled under the navigation laws and American consular regulations to various privileges, including being returned to the United States when discharged in a foreign port on account of injury or illness or when they become destitute under certain circumstances in foreign countries. The cases of such seamen, whether returned to the United States as members of the crew or as passengers or workaways,

shall be handled in accordance with the provisions of this section, Part 175, and any applicable Executive Order prescribing the conditions for admission of alien seamen to the United States.

(b) Evidence required. In every instance of a vessel arriving from a foreign port having on board American seamen (aliens) who are returned by United States consular officials, the master, purser, or other responsible officer of the vessel, or such seamen, shall present to the immigration officials documentary or other satisfactory evidence indicating that they are bona fide American seamen (aliens) returned under American consular regulations.

*For statutory citation, see note to g 120.1.

(c) Admission of returned seamen. Aliens returned to the United States under American consular regulations who arrive as members of the crew shall be treated in the same manner as any other arriving seamen, except as specified in paragraphs (d) and (e) of this section. Aliens so returned, whose occupational status as seamen is found to be bona fide and who seek to enter the United States solely in pursuit of their calling as seamen but who arrive as passengers or workaways, may be admitted for a period not to exceed 29 days for the same purposes and under the same conditions with regard to maintenance of status as if they were arriving as alien seamen. Any extension of the original period of admission of such an alien shall be granted in the same manner as if the alien had arrived and been admitted as an alien seaman. Any such returned seaman who arrives as a passenger or workaway and who seeks entry as a returning legal resident or for any purpose other than to continue in pursuit of his calling as a seaman shall be treated as any other arriving alien passenger, except as specified in paragraphs (d) and (e) of this section.

(d) Procedure when afflicted. When any such seaman, regardless of the manner of his arrival, shall be found to be afflicted with any of the disabilities enumerated in section 35 of the Immigration Act of 1917, immigration officials shall inform the master, or other responsible officer, that the seaman is entitled to hospitalization in a marine hospital at the expense of the appropriation for the maintenance of such hospitals, and that he must be delivered to authorities of the United States Public Health Service for such hospitalization. Upon his discharge from the hospital, he shall be examined and his case disposed of in accordance with paragraph (c) of this section.

(e) When vessel exempted from liability; immigration appropriation not available for hospital treatment. Under the navigation laws all masters of vessels of American registry bound to a port of the United States are required to take destitute American seamen (aliens) on board their vessels when so requested by American consular officials and to transport them to the United States port to which the vessel is bound, and every such master who refuses to receive and transport such seamen on the request or order of the American consular official is liable to the United States in a penalty of $100 for each such seaman so refused. Moreover, masters of vessels of foreign registry accept such seamen as an act of courtesy extended to American consuls. Vessels transporting such seamen shall be exempted from the payment of head tax, hospital, and maintenance expenses, and liability for the penalties prescribed by the immigration laws, provided the transportation lines furnish satisfactory proof that the seamen were

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