to recover such expense from any of said persons, then the cost of removal to the port of deportation shall be at the expense of the appropriation for the enforcement of this Act and the deportation from such port shall be at the expense of the owner, master, person in charge, agent, or consignee of the vessel or transportation line by which the alien came, or, if that is not practicable, at the expense of the appropriation for the enforcement of this Act. If the warrant of arrest is served later than five years after the entry of the alien, or, if the deportation is solely upon the ground that the alien is a Chinese who has failed to register, the expense thereof shall be payable from the appropriation for the enforcement of this Act. When in the opinion of the Secretary of Commerce and Labor the mental or physical condition of any alien rejected or arrested and ordered deported is such as to require personal care and attendance, he may employ a suitable person for that purpose, who shall accompany such alien to final destination, and the expenses incident to such service shall be defrayed in like manner as expenses incident to the deportation, or he may require special reports from the transportation company regarding the disposition made of the alien.

SEC. 29. That pending the final disposal of the case of any alien arrested under the provisions of this Act, or of any suit or proceeding in which such alien's testimony may be required, he may be detained, and if used as a witness be paid a witness fee of one dollar per day during such detention, at the expense of the appropriation for the enforcement of this Act, or may be released under a bond in the penalty of not less than five hundred dollars with security approved by the Secretary of Commerce and Labor, conditioned that such alien shall be produced when required for a hearing or hearings in regard to the charge upon which he has been taken into custody, or as a witness in a pending suit or proceeding, and for deportation if he shall be found to be unlawfully within the United States.

SEC. 30. That the deportation of aliens arrested within the United States after entry and found to be illegally therein shall, at the option of the Secretary of Commerce and Labor, be to the country whence they came or to the foreign port at which such aliens embarked for the United States; or, if such embarkation was for foreign contiguous territory, to the foreign port at which they embarked for such territory; or, if such aliens entered foreign contiguous territory from the United States and later entered the United States, or if such aliens are held by the country from which they entered the United States not to be subjects or citizens of such country, and such country refuses to permit their reentry, or imposes any condition upon permitting reentry, then to the country of which such aliens are subjects or citizens, or to the country in which they resided prior to entering the country from which they entered the United States.

SEC. 31. That it shall be unlawful for the master or commanding officer of any vessel bringing aliens into or carrying aliens out of the United States to refuse or fail to deliver to the immigration officials the manifests or statements or information regarding all aliens on board or taken on board such vessels required by this Act, and if it shall appear to the satisfaction of the Secretary of Commerce and Labor that there has been such a refusal or failure, such master or commanding officer shall pay to the collector of customs at the port of arrival or departure the sum of ten dollars for each alien concerning

whom such manifest or statement or information is not furnished, or concerning whom the manifest or statement or information is not prepared and sworn to as prescribed by this Act. No vessel shall be granted clearance pending the determination of the question of the liability to the payment of such fine, and, in the event that 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 the deposit with the collector of customs of a sum sufficient to cover such fine. Any person who shall knowingly or willfully furnish in any sworn manifest, statement, or information required by this Act regarding aliens brought into or carried out of the United States any false data shall be deemed guilty of perjury and be punished as provided by section fifty-three hundred and ninety-two, United States Revised Statutes.

SEC. 32. That any person, including the master, agent, owner, or consignee of any vessel, who shall bring into or land in the United States, by vessel or otherwise, or who shall attempt, by himself or through another, to bring into or land in the United States, by vessel or otherwise, or who shall conceal or harbor, or attempt to conceal or harbor, or assist or abet another to conceal or harbor, in any place, including any building, vessel, railway car, conveyance, or vehicle, any alien not duly admitted by an immigrant inspector or not lawfully entitled to enter or to reside within the United States under the terms of this Act shall be deemed guilty of a misdemeanor, and shall, on conviction, be punished by a fine of not less than five hundred nor more than three thousand dollars, or by imprisonment for a term of not less than one year nor more than three years, or by both such fine and imprisonment, for each and every alien to whom this section is applicable. Every vessel, boat, railway car, or other vehicle or conveyance of whatever description, the master, owner, lessee, or bailee of which shall use the same in violating 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, boat, railway car, or other vehicle may enter or in which it may be found.

SEC. 33. That it shall be unlawful for any person, including any transportation company other than railway lines entering the United States from foreign contiguous territory, or the owner, master, agent, or consignee of any vessel, to bring to any port of the United States, with or without intent to land, any alien belonging to any of the following classes: Idiots, imbeciles, epileptics, insane persons, or persons afflicted with tuberculosis in any form, or with a loathsome or with a dangerous contagious disease. And if it shall appear to the satisfaction of the Secretary of Commerce and Labor that any alien so brought to the United States was afflicted with any of the said diseases or disabilities at the time of foreign embarkation, and that the existence of such disease or disability might have been detected by means of a competent medical examination at such time, such person, or transportation company, or the master, owner, agent, or consignee of any such vessel, shall pay to the collector of customs of the custom's district in which the port of arrival is located the sum of two hundred dollars for each and every violation of this provision. And it shall also be unlawful for any such person to bring to any port of the United States, with or without intent to land, any alien seamen belonging to any of the aforementioned classes, or any alien afflicted

with any mental or physical defect of a less degree than herein before specified but of a nature which may affect ability to earn a living, and if it shall appear to the satisfaction of the Secretary of Commerce and Labor that any alien seaman, or alien, respectively, so brought to the United States was so afflicted at the time of foreign embarkation, and that the existence of such mental or physical defect might have been detected by means of a competent medical examination at such time, such person shall pay to the collector of customs of the customs district in which the port of arrival is located the sum of twenty-five dollars for each and every violation of this provision. No vessel shall be granted clearance pending the determination of the question of the liability to the payment of either of such fines, and in the event that a 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 the deposit with the collector of customs of a sum sufficient to cover such fine: Provided further, That in respect to a seaman such fine may, in the discretion of the Secretary of Commerce and Labor, be mitigated or remitted.

SEC. 34. That it shall be the mandatory and unqualified duty of every person, including owners, masters, officers, and agents of vessels or transportation lines, other than those railway lines which may enter into a contract as provided in section three of this Act, bringing an alien to any seaport or land border port of the United States to insure absolutely that such alien shall not land in the United States at any time or place not designated by the immigration officials, and the failure of any such person to comply with the foregoing requirements shall be deemed a misdemeanor and be punished by a fine in the case of each alien so landed of not less than two hundred nor more than two thousand dollars or by imprisonment for a term of not less than six months nor more than two years, or by both such fine and imprisonment; or, if in the opinion of the Commissioner General of Immigration it is impracticable or inconvenient to prosecute the owner, master, officer, or agent of any such vessel, a pecuniary penalty of one thousand dollars shall be a lien upon the vessel whose owner, master, officer, or agent violates the provisions of this section, and such vessel shall be libeled therefor in the appropriate United States court.

SEC. 35. That it shall be unlawful for any person, including owners, masters, officers, and agents of vessels bringing aliens to ports of the United States to fail or refuse to present every such alien for inspection by the immigration officials at such time and place as may by them be designated; and if it shall appear to the satisfaction of the Secretary of Commerce and Labor that there has been such a failure or refusal the person so failing or refusing shall pay to the collector of customs of the customs district in which the port of arrival is located the sum of two hundred dollars on account of each and every alien with regard to whom such failure or refusal has occurred, and no vessel shall be granted clearance pending the determination of the question of the liability to the payment of such fine, and in the event that 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 the deposit with the collector of customs of a sum sufficient to cover such fine: And provided further, That such fine shall not be imposed in any case

in which prosecution is had under the provisions of section thirty-four hereof.

SEC. 36. That any person, including the owner, master, officer, agent, or consignee 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 this Act, 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 five thousand dollars, for which sum the said vessel shall be liable and may be seized and proceeded against by way of libel in any court of the United State having jurisdiction of the offense. The negligent failure of the owner, master, officer, agent, or consignee of any vessel arriving in the United States from any foreign port or place to detain on board any seaman after notice in writing by the immigration official in charge at the port of arrival that such seaman is not admissible, and to deport such seaman if required by such immigration official or by the Secretary of Commerce and Labor, shall render such owner, master, officer, agent, or consignee liable to a penalty not exceeding five hundred dollars, for which sum the said vessel shall be liable and may be seized and proceeded against by way of libel in any court of the United States having jurisdiction of the offense; and it shall be unlawful and be deemed a violation hereof 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 provisions of this Act, unless due notice of such proposed action is first given to the immigration official in charge at the port of arrival, and unless the provisions of section sixteen hereof are complied with.

In case of the failure of the owner, master, officer, agent, or consignee of any vessel arriving in the United States from any foreign port or place to deliver either of the lists of seamen arriving and departing, respectively, prescribed by section sixteen hereof, or to report cases of desertion or landing as required by said section, such owner, master, officer, agent, or consignee shall, if required by the Secretary of Commerce and Labor, pay to the collector of customs of the customs district in which the port of arrival is located the sum of ten dollars for each alien concerning whom correct lists are not delivered or a true report is not made as required in said section; 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.

It shall be the mandatory and unqualified duty of every person, including owners, masters, officers, agents, and consignees of vessels arriving in the United States from any foreign port or place to insure absolutely that no Chinese alien or alien of Chinese descent employed on board such vessel shall land in the United States for any purpose unless satisfactory bond is furnished in accordance with the provisions of section seventeen hereof; and the failure of any such person to comply with the foregoing requirements shall be deemed a

misdemeanor and be punished by a fine in the case of each alien so landed of not less than five hundred nor more than two thousand dollars or by imprisonment for a term of not less than six months nor more than two years, or by both such fine and imprisonment; or if, in the opinion of the Commissioner General of Immigration, it is impracticable or inconvenient to prosecute the owner, master, officer, agent, or consignee of any such vessel, a pecuniary penalty of one thousand dollars shall be a lien upon the vessel whose owner, master, officer, agent, or consignee violates the provisions of this section, and such vessel shall be libeled therefor in the appropriate United States

court.

SEC. 37. That it shall be unlawful for any owner, master, purser, person in charge, agent, or consignee of any vessel to refuse or fail to pay any of the expenses incident to the detention of aliens as required. by section eight hereof; or to refuse or fail to pay any of the expenses incident to the deportation of aliens arrested and ordered deported as required by section twenty-eight hereof; or to refuse or fail to receive on board the vessel by which brought or a vessel owned or operated. by the same interests any alien rejected, or arrested, and ordered deported under any provision of this Act, or to fail to safely guard and detain any such alien thereon, or to refuse or fail to return any such alien to the foreign port whence he came or to which ordered deported under any provision of this Act; or to make any charge to cover the expense of deporting any alien brought or to be brought to the United States, or to take any security for the payment of such charge, or to take any consideration to be returned in case the alien is landed; or to bring to the United States at any time within one year from the date of deportation any alien rejected, or arrested, and deported under any provision of this Act, unless prior to reembarkation the Secretary of Commerce and Labor has consented that such alien shall reapply for admission, as required by section ten hereof; and if it shall appear to the satisfaction of the Secretary of Commerce and Labor that any owner, master, purser, person in charge, agent, or consignee has violated any of the foregoing provisions, such owner, master, purser, person in charge, agent, or consignee shall pay to the collector of customs of the customs district in which the port of arrival is located or in which any vessel of the line may be found the sum of four hundred dollars for each and every violation of any provision of this section; and no 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 the deposit with the collector of customs of a sum sufficient to cover such fine. If the vessel by which any alien ordered deported came has left the United States and it is impracticable for any reason to deport the alien within a reasonable time by another vessel owned by the same interests, the cost of deportation may be paid by the Government and recovered by civil suit from any agent or consignee of the vessel.

SEC. 38. That any person who aids or assists any anarchist, as described in section ten hereof, to enter the United States, or who connives or conspires with any person or persons to allow, procure, or permit any such anarchist to unlawfully enter therein, shall be deemed guilty of a felony, and on conviction thereof be imprisoned