defect of a nature which may affect ability to earn a living, when certified as in § 160.1, the vessel or transportation agency shall pay to the collector of customs (under notice of intention to fine) $250 for each of said aliens and in addition a sum equal to that paid by such alien for his transportation from the initial point of departure, indicated in his ticket, to the port of arrival.*

160.3 Liability for diseased seamen on passenger-carrying vessels. Whenever the medical examiner certifies that an alien seaman found employed on board any vessel carrying passengers between a port of the United States and a port of a foreign country is afflicted with any of the diseases or disabilities mentioned in section 35 of the Immigration Act of 1917 (39 Stat. 896; 8 U. S. C. 169), such vessel or transportation agency shall pay to the collector of customs (under notice of intention to fine) $50 for each such seaman. (Sec. 26, 43 Stat. 166; 8 U. S. C. 145)

160.4 Liability for bringing illiterate or barred-zone aliens. Where aliens excluded as illiterate or as natives of that portion of the continent of Asia and the islands adjacent thereto described in section 3 of the Immigration Act of 1917 (39 Stat. 875; 8 U. S. C. 136), are brought to the United States in violation of section 9 of said Act as amended by the Immigration Act of 1924 (43 Stat. 166; 8 U. S. C. 145), the vessel or transportation agency bringing them shall pay to the collector of customs (under notice of intention to fine) $1,000 for each of such aliens and in addition a sum equal to that paid by such alien for his transportation from the initial point of departure, indicated in his ticket, to the port of arrival. (Sec. 35, 39 Stat. 896; 8 U. S. C. 169)

160.5 Liability for bringing solicited aliens. When aliens have been brought to the United States after having been solicited, invited, or encouraged to come in violation of section 7 of the Immigration Act of 1917 (39 Stat. 879; 8 U. S. C. 143), the vessel or transportation agency bringing them shall pay to the collector of customs (under notice of intention to fine) $400 for each and every such violation.*

160.6 Liability for failure to supply manifest. Where the master or commanding officer of a vessel bringing aliens into or carrying aliens out of the United States fails or refuses, in violation of section 14 of the Immigration Act of 1917 (39 Stat. 884; 8 U. S. C. 150), to deliver full and accurate manifests or statements or information regarding aliens brought into or carried out of the United States, such masters or commanding officers shall pay to the collector of customs (under notice of intention to fine) $10 for each alien concerning whom proper manifest, statement, or information is not furnished at the time of arrival with respect to incoming aliens and within 60 days with respect to outgoing aliens.*

160.7 Liability to meet specified expenses. Whenever a vessel or transportation agency fails or refuses to defray any of the expenses specified in section 15 of the Immigration Act of 1917 (39 Stat, 885; 8 U. S. C. 151), such vessel or transportation agency shall pay to the collector of customs (under notice of intention

*For statutory citation, see note to § 160.1.

to fine) $300 for each and every violation of said section.* (Sec. 18, 39 Stat. 877; 8 U. S. C. 154)

160.8 Liability for failure to receive and deport excluded alien; accepting security for return expenses; bringing alien previously excluded or deported. Whenever there has been any refusal or failure by any master, purser, person in charge, agent, owner, or consignee of the kind specified in section 18, Immigration Act of 1917 (39 Stat. 887, 45 Stat. 1551; 8 U. S. C. 154), or any such person has made any charge or taken any security covering return expenses of an alien, or taken any consideration to be returned in case alien is landed, or knowingly brought to the United States in violation of said section, (a) any alien excluded and deported within a year previously, unless said alien has received from the Attorney General permission to reapply, (b) any alien arrested and ordered deported who thereafter has been deported in pursuance of law or has left the United States, unless such alien was arrested and deported prior to March 4, 1929, and in whose case prior to his reembarkation at a place outside the United States, or his application in foreign contiguous territory for admission to the United States, and prior to March 4, 1929, the Attorney General has granted such alien permission to apply for readmission, such master, purser, person in charge, agent, owner, or consignee shall pay to the collector of customs (under notice of intention to fine) $300 for each and every violation of any provision of said section. For the purposes of this Part, whenever applicable, the Philippine Islands shall be considered to be foreign country.*

160.9 Liability for failure to deport alien as directed. Whenever any master, agent, owner, or consignee of any vessel fails or refuses to take on board, guard safely, and transport to specified destination (in violation of section 20 of the Immigration Act of 1917 (39 Stat. 889; 8 U. S. C. 156)), any alien presented for deportation, such master, owner, or consignee shall pay to the collector of customs (under notice of intention to fine) $300 for each and every violation of any provision of said section.* (Sec. 18, 39 Stat. 887; 8 U. S. C. 154)

160.10 Liability for bringing immigrant without proper visa. Where an alien is brought to the United States in violation of section 16 (a) of the Immigration Act of 1924 (43 Stat. 163; 8 U. S. C. 216 (a)), the vessel or transportation agency shall pay to the collector of customs (under notice of intention to fine) $1,000 for each immigrant so brought and, in addition, a sum equal to that paid by such alien for his transportation from the initial point of departure, indicated in his ticket, to the port of arrival.* (Sec. 16, 43 Stat. 163; 8 U. S. C. 216)

160.11 Liability for failure to report desertion or landing, or furnish required list of seamen. Where the owner, agent, consignee, or master fails to report cases of desertion or landing or to deliver the lists required by section 36 of the Immigration Act of 1917 (39 Stat. 896; 8 U. S. C. 171), such owner, agent, consignee, or master shall pay to the collector of customs (under notice

*For statutory citation, see note to § 160.1.

of intention to fine) $10 for each alien concerning whom correct lists are not delivered or true report made as required by said section.*

160.12 Liability for failure to detain or deport seamen. The owner, charterer, agent, or consignee of a vessel who fails to detain on board any alien seaman until such seaman has been inspected, or fails to detain such seaman on board after such inspection, or deport when required to do so by the proper immigration officer or the Attorney General, as provided in section 20 (a) of the Immigration Act of 1924 (43 Stat. 164; 8 U. S. C. 167 (a)), shall pay to the collector of customs (under notice of intention to fine), $1,000 for each alien seaman in respect of whom such failure occurs.*

160.13 Notice of intention to fine for failure to detain seamen pending inspection; time for opposition; clearance of vessel. When the ascertained facts indicate that the owner, charterer, agent, consignee, or master of any vessel arriving in the United States from any place outside thereof has failed to 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 official, including the muster of all aliens employed thereon, as required by the proper immigration and naturalization official, notice to the effect that the ascertained facts indicate that a fine should be imposed under section 20 of the Immigration Act of 1924 (43 Stat. 164; 8 U. S. C. 167) shall be served promptly upon the owner, charterer, agent, consignee, or master of the vessel and that he will be allowed 60 days from the date of service of the notice within which to submit evidence and be heard in reference to the matter. In the meantime the vessel involved, which is the subject of fine proceedings, will be granted clearance papers if there be deposited with the collector of customs, prior to the time of sailing, a sum equal to the fine specified in the said notice, or, where permitted by the act of May 26, 1924, a bond with sufficient surety approved by the collector of customs, as security for the payment of the fine in the event it should be imposed.*

160.14 Notice of intention to fine for failure to detain and deport seamen, if required, after inspection; time for opposition; clearance of vessel. When the ascertained facts indicate that the owner, charterer, agent, consignee, or master of any vessel arriving in the United States from any place outside thereof has failed or refused to detain or deport any alien seaman as required by the proper immigration officer, the immigration and naturalization official in charge shall forthwith serve or cause to be served upon such owner, charterer, agent, consignee, or master a notice in writing to the effect that the ascertained facts indicate that the fine provided for by section 20 of the Immigration Act of 1924 (43 Stat. 164; 8 U. S. C. 167) should be imposed for each alien in respect of whom such failure or refusal occurs; and that he will be allowed sixty days from the date of service of the notice within which to submit evidence and be heard in reference to the matter. In every

*For statutory citation, see note to § 160.1.

case this notice shall be served upon the same party as was the notice to detain or deport. In the meantime the vessel involved, which is the subject of fine proceedings, will be granted clearance papers if there be deposited with the collector of customs, prior to the time of sailing, a sum equal to the fine specified in the said notice, or, where permitted by the Act of May 26, 1924, a bond with sufficient surety approved by the collector of customs, as security for the payment of the fine in the event it should be imposed.*

160.15 Notice of intention to fine in cases other than under §§ 160.13, 160.14; time for opposition; clearance of vessel. When the facts indicate that a fine should be imposed in cases other than those stated in §§ 160.13, 160.14, the immigration and naturalization officer in charge shall serve promptly upon the owner, charterer, agent, consignee, or master of the vessel a notice to the effect that the ascertained facts indicate that a fine should be imposed under the section of law involved in the particular case; that he will be allowed sixty days from the date of service of the notice within which to submit evidence and be heard in reference to the matter. In the meantime the vessel involved, which is the subject of fine proceedings, will be granted clearance papers if there be deposited with the collector of customs, prior to the time of sailing, a sum equal to the fine specified in the said notice, or, where permitted by the Immigration Act of 1924 (43 Stat. 153), a bond with sufficient surety approved by the collector of customs, as security for the payment of the fine in the event it should be imposed; also, in cases arising under section 9 of the Immigration Act of 1917, as amended by the Immigration Act of 1924 (43 Stat. 166; 8 U. S. C. 145), or under section 16 of the Immigration Act of 1924 (43 Stat. 163; 8 U. S. C. 216), an additional sum equal to that paid by the alien involved for his transportation to this country from the initial point of departure, such additional sum to be held by the collector of customs as a special deposit and to be delivered to the deported alien through the American consul, if fine is imposed. When such alien is accompanied by another alien who is excluded from admission, a further sum equal to that paid by such accompanying alien for his transportation to this country from the initial point of departure shall be deposited with the collector of customs and delivered to the accompanying alien when deportation is effected.* (Secs. 7, 14, 15, 18, 20, 35, 36, 39 Stat. 879 ff., 45 Stat. 1551; 8 U. S. C. 143, 150, 151, 154, 156, 169, 171)

160.16 Notice of intention to fine; procedure. Notices prescribed in §§ 160.13-160.15 shall be prepared in quadruplicate. The original shall be served on the master, agent, owner, or consignee of the vessel by (a) delivering it to him in person, or (b) leaving it at his office, or (c) mailing it to him, whenever the immigration and naturalization officer in charge finds the other methods of service inconvenient. When service is made by delivery it shall be admitted in writing upon the duplicate and triplicate and the admission witnessed by the server. If admission be refused, or, in case of service by either of the other methods, the server shall note the method and date of service on the duplicate and triplicate.

*For statutory citation, see note to § 160.1.

The duplicate shall be retained by the immigration and naturalization officer in charge. The triplicate shall be delivered to the collector of customs for the district wherein the port of arrival is located, who shall withhold clearance papers until deposit is made or bond furnished as required in §§ 160.13-160.15. The quadruplicate shall be forwarded to the Central Office when the matter of fine is presented for departmental consideration.*

160.17 Submission of evidence and report. If deposit be made, or bond furnished as provided by §§ 160.13-160.15, further proceedings shall be suspended during said period of 60 days, or until earlier submission of evidence to show why the proposed fine should not be imposed. Such evidence, if submitted, shall be forwarded to the Central Office, together with the medical certificate, if any, quadruplicate notice, and the data or evidence on which the notice was based, and the officer in charge shall present at the same time his written views as to whether the fine should be imposed. If within 60 days no evidence has been submitted, or as soon as it is known that the fine will not be contested, the officer in charge shall report the facts to the Central Office.*

160.18 Mitigation or remission of fines; mentally afflicted or diseased alien seamen. The fine prescribed by section 35 of the Immigration Act of 1917 (39 Stat. 896; 8 U. S. C. 169), for bringing to United States ports as employees of vessels aliens afficted with idiocy, imbecility, insanity, epilepsy, tuberculosis in any form, or a loathsome contagious or dangerous contagious disease will be mitigated or remitted by the Department only upon a clear and convincing showing to the effect that the imposition of the full penalty or of any part thereof would be unjust or inequitable under the circumstances of the particular case, including the submission of satisfactory evidence that the seamen were subjected to a competent medical examination before being signed on as members of the crew.*

160.19 Action on decision. Upon receipt of the departmental decision the collector of customs shall be notified of its terms. If the fine is imposed, the amount retained as security shall be disposed of by the collector in accordance with law. If the fine is not imposed, he shall return such amount to the depositor.* (Secs. 7, 14, 15, 18, 20, 35, 36, 39 Stat. 879 ff., secs. 16, 20, 26, 43 Stat. 163, 164, 166, sec. 1 (e), 45 Stat. 1551; 8 U. S. C. 143, 145, 150, 151, 154, 156, 167, 169, 171, 216)

* For statutory citation, see note to § 160.1.