States for marine purposes, save that the fact that said boiler, steampipes, and appurtenances not being constructed pursuant to the requirements of the laws of the United States, and are of unstamped iron, shall not be an obstacle to the granting of the usual certificate if said boiler, steam-pipes, and appurtenances are found to be of sufficient strength and safety.

Approved, September 11, 1888.

September 18, 1888.

Chinese laborers.

hibited.

Post, p. 504.

CHAP. 1015.-An act to prohibit the coming of Chinese laborers to the United States.

Le it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after Immigration pro- the date of the exchange of ratifications of the pending treaty between the United States of America and His Imperial Majesty the Emperor of China, signed on the twelfth day of March, anno Domini eighteen hundred and eighty-eight, it shall be unlawful for any Chinese person, whether a subject of China or of any other power, to enter the United States, except as hereinafter provided.

Classes permitted to

enter.

tained.

SEC. 2. That Chinese officials, teachers, students, merchants, or travelers for pleasure or curiosity, shall be permitted to enter the United States, but in order to entitle themselves to do so, they shall first obtain the permission of the Chinese Government, or other Government of which they may at the time be citizens or subjects. Such permission and also their personal identity shall in such case Certificates to be ob- be evidenced by a certificate to be made out by the diplomatic representative of the United States in the country, or of the consular representative of the United States at the port or place from which the person named therein comes. The certificate shall contain a full description of such person, of his age, height, and general physical features, and shall state his former and present occupation or profession and place of residence, and shall be made out in duplicate. One copy shall be delivered open to the person named and described, and the other copy shall be sealed up and delivered by the diplomatic or consular officer as aforesaid to the captain of the vessel on which the person named in the certificate sets sail for the United States, together with the sealed certificate, which shall be addressed to the collector of customs at the port where such person is to land. There shall be delivered to the aforesaid captain a letter from the consular officer addressed to the collector of customs aforesaid, and stating that said consular officer has on a certain day delivered to the said captain a certificate of the right of the person named therein to enter the United States as a Chinese official, or other exempted person, as Penalty for violation. the case may be. And any captain who lands or attempts to land a Chinese person in the United States, without having in his possession a sealed certificate, as required in this section, shall be liable to the penalties prescribed in section nine of this act.

Scope of act.

Master to deliver certificates, etc., on ar

SEC. 3. That the provisions of this act shall apply to all persons of the Chinese race, whether subjects of China or other foreign power, excepting Chinese diplomatic or consular officers and their attendants; and the words "Chinese laborers," whenever used in this act, shall be construed to mean both skilled and unskilled laborers and Chinese employed in mining.

SEC. 4. That the master of any vessel arriving in the United rival in United States. States from any foreign port or place with any Chinese passengers on board shall, when he delivers his manifest of cargo, and if there be no cargo, when he makes legal entry of his vessel, and before landing or permitting to land any Chinese person (unless a diplomatic or consular officer, or attendant of such officer), deliver to the collector of customs of the district in which the vessel shall have arrived

Contents of list.

Diplomatic and con

the sealed certificates and letters as aforesaid, and a separate list of all. List to be delivered. Chinese persons taken on board of his vessel at any foreign port or place, and of all such persons on board at the time of arrival as aforesaid. Such list shall show the names of such persons and other particulars as shown by their open certificates, or other evidences required by this act, and such list shall be sworn to by the master in the manner required by law in relation to the manifest of the cargo. The master of any vessel as aforesaid shall not permit any Chinese diplomatic or consular officer or attendant of such officer to land sular officers. without having first been informed by the collector of customs of the official character of such officer or attendant. Any refusal or Penalty. willful neglect of the master of any vessel to comply with the provisions of this section shall incur the same penalties and forfeitures as are provided for a refusal or neglect to report and deliver a manifest of the cargo.

prohibited.

SEC. 5. That from and after the passage of this act, no Chinese Return of laborers laborer in the United States shall be permitted, after having left, to return thereto, except under the conditions stated in the following sections.

SEC. 6. That no Chinese laborer within the purview of the preceding section shall be permitted to return to the United States unless he has a lawful wife, child, or parent in the United States, or property therein of the value of one thousand dollars, or debts of like amount due him and pending settlement. The marriage to such wife must have taken place at least a year prior to the application of the laborer for a permit to return to the United States, and must have been followed by the continuous cohabitation of the parties as man and wife.

Conditions for permission to return.

If the right to return be claimed on the ground of property or of Property requisites debts, it must appear that the property is bona fide and not colorably acquired for the purpose of evading this act, or that the debts are unascertained and unsettled, and not promissory notes or other similar acknowledgments of ascertained liability.

Chinese wishing to re

Certificate.

SEC. 7. That a Chinese person claiming the right to be permitted Identification of to leave the United States and return thereto on any of the grounds tur stated in the foregoing section, shall apply to the collector of customs of the district from which he wishes to depart at least a month prior to the time of his departure, and shall make on oath before the said collector a full statement descriptive of his family, or property, or debts, as the case may be, and shall furnish to said collector such proofs of the facts entitling him to return as shall be required by the. rules and regulations prescribed from time to time by the Secretary of the Treasury, and for any false swearing in relation thereto he shall incur the penalties of perjury. He shall also permit the collector to take a full description of his person, which description the collector shall retain and mark with a number. And if the collector, after hearing the proofs and investigating all the circumstances of the case, shall decide to issue a certificate of return, he shall at such time and place as he may designate, sign and give to the person applying a certificate containing the number of the description last aforesaid, which shall be the sole evidence given to such person of his right to return. If this last named certificate be transferred, it shall be- Transfer void. come void, and the person to whom it was given shall forfeit his right to return to the United States. The right to return under the said certificate shall be limited to one year; but it may be extended for an additional period, not to exceed a year, in cases where, by reason of sickness or other cause of disability beyond his control, the holder thereof shall be rendered unable sooner to return, which facts shall be fully reported to and investigated by the consular representative of the United States at the port or place from which such laborer departs for the United States, and certified by such representative of the United States to the satisfaction of the collector of

Extension of period.

certificate.

ports.

Secretary of the Treasury to prescribe regulations, etc.

customs at the port where such Chinese person shall seek to land in the United States, such certificate to be delivered by said representative to the master of the vessel on which he departs for the United No entry without States. And no Chinese laborer shall be permitted to re-enter the United States without producing to the proper officer of the customs at the port of such entry the return certificate herein required. A Chinese permitted to Chinese laborer possessing a certificate under this section shall be land only at certain admitted to the United States only at the port from which he departed therefrom, and no Chinese person, except Chinese diplomatic or consular officers, and their attendants, shall be permitted to enter the United States except at the ports of San Francisco, Portland, Oregon, Boston, New York, New Orleans, Port Townsend, or such other ports as may be designated by the Secretary of the Treasury. SEC. 8. That the Secretary of the Treasury shall be, and he hereby is, authorized and empowered to make and prescribe, and from time to time to change and amend such rules and regulations, not in conflict with this act, as he may deem necessary and proper to conveniently secure to such Chinese persons as are provided for in articles second and third of the said treaty between the United States and the Empire of China, the rights therein mentioned, and such as shall also protect the United States against the coming and transit of persons not entitled to the benefit of the provisions of said articles. And Form of certificate, he is hereby further authorized and empowered to prescribe the form and substance of certificates to be issued to Chinese laborers under and in pursuance of the provisions of said articles, and prescribe the form of the record of such certificate and of the proceedings for issuing the same, and he may require the deposit, as a part of such record, of the photograph of the party to whom any such certificate shall be issued.

etc.

Punishment to mas

ter of vessel unlawful

SEC. 9. That the master of any vessel who shall knowingly bring ly bringing Chinamen. within the United States on such vessel, and land, or attempt to land, or permit to be landed any Chinese laborer or other Chinese person, in contravention of the provisions of this act, shall be deemed. guilty of a misdemeanor and, on conviction thereof, shall be punished with a fine of not less than five hundred dollars nor more than one thousand dollars, in the discretion of the court, for every Chinese laborer or other Chinese person so brought, and may also be imprisoned for a term of not less than one year, nor more than five years, in the discretion of the court.

Vessels in distress.

Punishment for counterfeiting certifi cate, etc.

Landing passengers.

SEC. 10. That the foregoing section shall not apply to the case of any master whose vessel shall come within the jurisdiction of the United States in distress or under stress of weather, or touching at any port of the United States on its voyage to any foreign port or place. But Chinese laborers or persons on such vessel shall not be permitted to land, except in case of necessity, and must depart with the vessel on leaving port.

SEC. 11. That any person who shall knowingly and falsely alter or substitute any name for the name written in any certificate herein required, or forge such certificate, or knowingly utter any forged or fraudulent certificate, or falsely personate any person named in any such certificate, and any person other than the one to whom a certificate was issued who shall falsely present any such certificate, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding one thousand dollars, and imprisoned in a penitentiary for a term of not more that five years.

SEC. 12. That before any Chinese passengers are landed from any such vessel, the collector, or his deputy, shall proceed to examine such passengers, comparing the certificates with the list and with the passengers; and no passenger shall be allowed to land in the United States from such vessel in violation of law; and the collector shall in person decide all questions in dispute with regard to the right of any Chinese passenger to enter the United States, and his decision shall

be subject to review by the Secretary of the Treasury, and not otherwise.

Arrest of Chinese un

SEC. 13. That any Chinese person, or person of Chinese descent, lawfully in the United found unlawfully in the United States, or its Territories, may be States. arrested upon a warrant issued upon a complaint, under oath, filed by any party on behalf of the United States, by any justice, judge, or commissioner of any United States court, returnable before any justice, judge, or commissioner of a United States court, or before any United States court, and when convicted, upon a hearing, and found and adjudged to be one not lawfully entitled to be or remain in the United States, such person shall be removed from the United States to the country whence he came. But any such Chinese person convicted before a commissioner of a United States court may, within ten days from such conviction, appeal to the judge Appeal. of the district court for the district. A certified copy of the judgment shall be the process upon which said removal shall be made, and it may be executed by the marshal of the district, or any officer having authority of a marshal under the provisions of this section. And in all such cases the person who brought or aided in bringing Punishment of persuch person into the United States shall be liable to the Government of the United States for all necessary expenses incurred in such investigation and removal; and all peace officers of the several States and Territories of the United States are hereby invested with the same authority in reference to carrying out the provisions of this act, as a marshal or deputy marshal of the United States, and shall be entitled to like compensation, to be audited and paid by the same

officers.

son aiding.

sular officers.

SEC. 14. That the preceding sections shall not apply to Chinese Diplomatic and condiplomatic or consular officers or their attendants, who shall be admitted to the United States under special instructions of the Treasury Department, without production of other evidence than that of personal identity.

SEC. 15. That the act entitled "An act to execute certain treaty stipulations relating to Chinese," approved May sixth, eighteen hundred and eighty-two, and an act to amend said act approved July fifth, eighteen hundred and eighty-four, are hereby repealed to take effect upon the ratification of the pending treaty as provided in section one of this act.

Approved, September 13, 1888.

Prior acts to be re

pealed.
Vol. 22, p. 58.

Vol. 23, p. 115.

CHAP. 1018.-An act for the erection of an appraiser's warehouse in the city of September 14, 1888. New York, and for other purposes.

New York.
Appraiser's ware-

Site.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is hereby, authorized and directed to pur- house to be built. chase, or acquire by condemnation, a site, and cause to be erected thereon a substantial and commodious fire-proof building, for the use of the United States appraiser, and for other Government uses, at the city of New York, in the State of New York. The site shall embrace an area sufficient, in the opinion of the said Secretary, for the purposes above mentioned; and the said site shall be selected after advertisement for at least ten days for proposals in six of the leading newspapers published in said city, and shall not exceed in cost the sum of eight hundred and fifty thousand dollars; and the Cost building to be erected on the said site shall be plain and without porticos, towers, or needless ornamentation, but shall contain the necessary accommodations and appliances for an appraiser's warehouse, sufficient to insure the examination and appraisal of imported merchandise with facility and dispatch, and shall not exceed in cost

Cost of building.

Appropriation.

Secretary of Treasury may buy site for warehouse.

bought.

the sum of six hundred and fifty thousand dollars; nor shall any plan for the said building be approved by the Secretary of the Treasury involving an expenditure exceeding the said sum of six hundred and fifty thousand dollars for the said building completed for use, including heating apparatus, approaches, and other incidental expenses; and the sum of eight hundred and fifty thousand dollars, or so much thereof as may be necessary, is hereby appropriated for the purchase of a site as aforesaid, and the sum of six hundred and fifty thousand dollars is hereby appropriated for the erection of the said building out of any moneys in the Treasury not otherwise appropriated.

SEC. 2. That the said Secretary is hereby further authorized and custom-house and directed, in his discretion (in lieu and stead of the purchase of a site for an appraiser's warehouse only), to purchase or acquire by condemnation, a site embracing an area sufficient for the purposes mentioned in this section for the erection of a new custom-house building, in addition to said appraiser's warehouse; or the said Secretary of Two sites may be the Treasury may, in his discretion, purchase two sites in the vicinity of each other in said city of New York, suitable for both of said purposes of the appraiser's store-house and custom-house; and then and in that event the said single site for custom-house and appraiser's warehouse as aforesaid, or two sites in the vicinity of each other, as the case may be, shall not exceed in cost the sum of two million dollars, which sum or so much thereof as may be necessary, is hereby appropriated for the purpose, out of any moneys in the Treasury not Appropriation to be otherwise appropriated (in lieu and stead of the sum of eight hundred and fifty thousand dollars herein before appropriated), and is to be available only in case the said single site for both custom-house and appraiser's warehouse, or two sites in the vicinity of each other, shall be purchased or acquired as herein set forth.

in lieu of other.

Title, etc,

Appropriation for building available.

SEC. 3. That no part of said sum or sums shall be expended for any site until a valid title to said site shall be vested in the United States, nor until the State of New York shall cede to the United States exclusive jurisdiction over the same, during the time the United States shall be or remain the owner thereof, for all purposes except the administration of the criminal laws of said State and the service of civil process therein.

SEC. 4. That in case of the purchase or acquisition of a single site for both custom-house and appraiser's warehouse, or of two sites in the vicinity of each other, as provided in section two of this act, then the appropriation of six hundred and fifty thousand dollars, or so much thereof as may be necessary for the erection of an appraiser's warehouse, shall be available for the purpose, in like manner as provided in section one of this act.

Approved, September 14, 1888.

September 22, 1888.

Revenue cutter. Appropriation for, at-New Berne, N. C.

CHAP. 1026.--An act for the construction of a revenue cutter for New Berne, North Carolina, to replace the revenue cutter Stevens.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is hereby, authorized and directed to cause to be constructed a suitable revenue cutter, to be stationed at New Berne, North Carolina, for service on the South Atlantic coast, in the place of the revenue cutter Stevens, now in so dilapidated a condition as to be unequal to the requirements of the service; the sum of seventy-five thousand dollars, if so much be necessary, be, and the same is hereby, appropriated, out of any moneys in the