Imagini ale paginilor
PDF
ePub

ing taken up permanent residence in this country sends for wife or minor children and wife or minor children shall be found affected with contagious disorder, such wife or minor children shall be held until it shall be determined whether disorder easily curable or whether they can be admitted without danger to others and they shall not be admitted or deported

until such facts are ascertained.
(6) Aliens released under bond. Section 20, act of

February, 1917.
a. Pending final disposal of case, of alien

taken into custody for deportation, he
may be released under bond in penalty
of not less than five hundred dollars

($500), with security approved by Secretary of Labor, conditioned that alien shall be produced when required for hearing and for deportation if found to

be unlawfully within the United States. (7) Inadmissible alien seamen temporarily landed.

Section 33, act of February, 1917.
a. When inadmissible alien employed on

board a vessel arriving in United States
intends to reship on board any other ves-
sel bound to foreign port or place, he
shall be allowed to land for purpose of
reshipping under regulations prescribed
by Secretary of Labor to prevent aliens
not admissible under any law or treaty
from remaining permanently in United

States, and b. He may be paid off, discharged, and per

mitted to remove his effects, providing due notice of such action be given by the master or seaman himself to principal immigration officer in charge at port of

arrival. f. DESTINATION OF DEPORTED ALIEN. Section 20, act of February, 1917. (1) The deportation of aliens provided for in this

act shall, at the option of the Secretary of La-
bor, be-

a. To the country whence they came.
b. To foreign port at which aliens embarked

for the United States, or
c. If embarkation was for foreign contiguous

territory to foreign port at which they

embarked for such territory, or d. If alien 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 that country, and such country refuses to permit their re entry or imposes any conditions upon permitting the entry, 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.
g. EXPENSES OF DEPORTATION, HOW PAID.

(1) Deportation within five years.
a. If deportation proceedings are instituted

at any time within five years after entry
of alien, such deportation, including one-
half of entire cost of removal to port of
deportation, shall be at expense of per-
son by whom alien unlawfully induced to

enter United States, or
b. If that can not be done, then cost of re-

moval to port of deportation shall be at
expense of appropriation, and deporta-
tion from such port shall be at expense of
the owner of the vessel by which such
alien came, or
1. If that is not practicable, at expense

of the appropriation for enforce

ment of act.
(2) Deportation later than five years.

a. If deportation proceedings are instituted

later than five years after the entry of alien, cost thereof shall be payable from

the appropriation. b. If deportation made by reason of causes

arising subsequent to entry, cost thereof

shall be payable from the appropriation. h. PERSONAL ATTENDANT FOR DEPORTED HELPLESS ALIEN. Section 20, act of February, 1917. (1) When in opinion of Secretary of Labor the

mental or physical condition of alien requires
personal care and attendance, said Secretary
shall when necessary employ suitable person for
that purpose to accompany the alien to final de
stination.
a. Expenses, how paid.

1. Expense incident to such service

call be defrayed in same manner

as expense of deporting the accom

panied alien is defrayed. i. APPLICABLE TO ALIENS FROM INSULAR POSSESSIONS.

(1) Provisions of section 19 also apply to cases of

aliens who come to the mainland of the United

States from the insular possessions thereof. j. BURDEN OF PROOT ON ACCUSED.

(1) Any person arrested under provisions of section

19 on ground that he has entered or is found in United States in violation of any other law thereof which imposes on such person burden of proof of his right to enter or remain, and who shall fail to establish the existence of the right claimed, shall be deported to the place specified

in such other law. k. DECISION FINAL.

(1) Where person is ordered deported from United

States under provision of this act or of any law or treaty, the decision of the Secretary of Labor

shall be final. 1. EFFECT OF PARDON.

(1) Provision of section 19 respecting deportation

of aliens convicted of crime involving moral turpitude shall not apply to one who has been par

doned. m. RECOMMENDATIONS OF COURT PREVAIL.

(1) Deportation shall not be made or directed it

court or judge sentencing alien for crime involv.
ing moral turpitude at time of imposing judg-
ment or passing sentence or within thirty days
thereafter, after due notice to representative of
State, makes recommendation to Secretary of
Labor that alien shall not be deported in pur-

suance of this act.
(2) Termination of imprisonment.

a. Alien convicted as aforesaid shall not be

deported until after termination of his imprisonment.

THE SEAMEN'S ACT.

[Act of March 4, 1915 (38 Stat. L., 1164).] SECTION 1. That section forty-five hundred and sixteen of the Revised Statutes of the United States be, and is hereby, amended to read as follows:

"SEC. 4516. In case of desertion or casualty resulting in the loss of one or more of the seamen, the master must ship, if obtainable, a number equal to the number equal to the number of those whose services he has been deprived of by desertion or casualty, who must be of the same or higher grade or rating with those whose places they fill, and report the same to the United States consul at the first port at which he shall arrive, without incurring the penalty prescribed by the two preceeding sections. This section shall not apply to fishing or whaling vessels or yachts."

[ocr errors]

SEC. 3. That section forty-five hundred and twenty-nine of the Revised Statutes of the United States be, and is hereby, amended to read as follows:

"SEC. 4529. The master or owner or [of] any vessel making coasting voyages shall pay to every seaman his wages within two days after the termination of the agreement under which he was shipped, or at the time such seaman is discharged, whichever first happens; and in case of vessels making foreign voyages, or from a port on the Atlantic to a port on the Pacific, or vice versa, within twenty-four hours after the cargo has been discharged, or within four days after the seaman has been discharged, whichever first happens; and in all cases the seaman shall be entitled to be paid at the time of his discharge on account of wages a sum equal to one-third part of the balance due him. Every master or owner who refuses or neglects to make payment in the manner hereinbefore mentioned without sufficient cause shall pay to the seaman a sum equal to two days' pay for each and every day during which payment is delayed beyond the respective periods, which sum shall be recoverable as wages in any claim made before the court; but this section shall not apply to masters or owners of any vessel the seamen of which are entitled to share in the profits of the cruise or voyage.

SEC. 4. That section forty-five hundred and thirty of the Revised Statutes of the United States be, and is hereby, amended to read as follows:

SEC. 4530. Every seaman on a vessel of the United States shall be entitled to receive on demand from the master of the vessel to which he belongs one-half part of the wages which he shall have then earned at every port where such vessel, after the voyage has been commenced, shall load or deliver cargo before the voyage is ended, and all stipulations in the contract to the contrary shall be void: Provided, Such a demand shall not be made before the expi. ration of, nor oftener than once in five days. Any failure on the part of the master to comply with this demand shall release the seaman from his contract and he shall be entitled to full payment of wages earned. And when the voyage is ended every such seaman shall be entitled to the remainder of the wages which shall then be due him, as provided in section forty-five hundred and twenty-nine of the Revised Statutes: Provided further, That notwithstanding any release signed by any seaman under section forty-five hundred and fifty-two of the Revised Statutes any court having jurisdiction may upon good cause shown set aside such re lease and take such action as justice shall require: And provided further, That this section shall apply to seamen on foreign vessels while in harbors of the United States, and the courts of the United States shall be ope:1 to such seamen for its enforcement.”

SEC. 7. That section forty-five hundred and ninety-six of the Revised Statutes of the United States be, and is hereby, amended to read as follows:

"SEC. 4596. Whenever any seaman who has been lawfully engaged or any apprentice to the sea service commits any of the following offenses, he shall be punished as follows:

"First. For desertion, by forfeiture of all or any part of the clothes or effects he leaves on board and of all or any of the wages or emoluments which he has then earned.

"Second. For neglecting or refusing without reasonable cause to join his vessel or to proceed to sea in his vessel or for absence without leave at any time within twenty-four hours of the vessel's sailing from any port, either at the commencement or during the progress of the voyage, or for absence at any time without leave and without sufficient reason from his vessel and from his duty, not amounting to desertion, by forfeiture from his wages of not more than two days' pay, or sufficient to defray any expenses which shall have been properly incurred in hiring a substitute.

“Third. For quitting the vessel without leave, after her arrival at the port of her delivery and before she is placed in security, by forfeiture from his wages of not more than one month's pay.

"Fourth. For willful disobedience to any lawful command at sea, by being, at the option of the master, placed in irons until such disobedience shall cease, and upon arrival in port by forfeiture from his wages of not more than four days' pay, or, at the discretion of the court, by imprisonment for not more than one month.

"Fifth. For continued willful disobedience to lawful command or continued willful neglect of duty at sea, by being, at the option of the master, placed in irons, on bread and water, with full rations every fifth day, until such disobedience shall cease, and upon arrival in port by forfeiture, for every twenty-four hours' continuance of such disobedience or neglect, of a sum of not more than twelve days' pay, or by imprisonment for not more than three months, at the discretion of the court.

“Sixth. For assaulting any master or mate, by imprisonment for not more than two years.

"Seventh. For willfully damaging the vessel, or embezzling or willfully damaging any of the stores or cargo, by forfeiture out of his wages of a sum equal in amount to the loss thereby sustained, and also, at the discretion of the court, by imprisonment for not more than twelve months.

"Eighth. For any act of smuggling for which he is convicted and whereby loss or damage is occasioned to the master or owner, he shall be liable to pay such master or owner such a sum as is sufficient to reimburse the master or owner for such loss or da mage, and the whole or any part of his wages may be retained in satisfaction or on account of such liability, and shall be liable to imprisonment for a period of not more than twelve months."

*

« ÎnapoiContinuați »