Page:United States Statutes at Large Volume 44 Part 1.djvu/168

 § n ZSG 6 TITLE §,·~·——·»aLIEh’S titled te he or remain in the (halted Statee, aha}! he removed {rata the i§nit.ed States to China, anleeeahe or they shall make it appear to the justice, judge, or eornmiaeiener hefere Wham, he er they are tried that he or they are enbjeeta or eitiaene of were other country, inwhleh eaeie he er they ahalt he removed from the United States to eneh cemetery: Provided, That in any ease where eneh ether country of which such Chinese person shall elaine tehe a citizen or snhjeet shall demand any tax ae a eenditien of the removal of auch person to that country, S he er shall be removed to China. (May 5, 189;*2, c. S0, § ZE, B? Stat, 25.) ·  he, 286, Habeas corpaaby Chinese deniedlanding; bail.-··—·Qn an apgalieation to any judge or eenrt of the United States in the - nrstv instance for a writ ofehaheas corpus, hy a Chinese pereon seeking to land in the Hnitw States, to whom that privilege has been denied, no hail shall be allovred, and eneh9ai>p1ieation ehatl be heard and determined promptly without rmneeeeeary delay.: (May 5, 1&l2, e. 6G,_§ 5, 27 Stat. 25.) · i S ‘ 1287. Certidcates of qgesiaence; arrest and deportation of laborers ,v€fithotgt.—-It shall be the duty of all Chinese laborers within the tinmits of the United States who were entitled to Wreaaain in the United States before May 5, 1892, to apply, to such g>§cers under the control of the Commissioner General of Ixnmigration aé the Secretary of Labor may designate therefor, of their respeeatisre districts within six months after November Q3, 1893, for a certineate of residence'; and any Chinese laborer with§.ntt11e·limits; of the United States who shall be found within the jurisdiction of the United States without such ·'£‘€1#ti§(f3_t8 of, residence, Z shall be deemed and adjudged to be nalawfnlly withinsthé nnxteatsrates, and may be arrested by any sueh enters under the control of the Commissioner General of Imxnigration as the·Secretary ot·Labor.ma·y designate therefor, United States nnarshal or his deputies,~and` taken before ‘a United; States judge, "whose duty it shall he to order that he be deported from the United {States, as provided hereafter; umass he shall establjshclearly to the satisfaction 0*1* SS3id~_j§1dg€ ~,», that by reason' of accident, sickness, or other to the satisfaction of said United States judge, and by at least one V-credible witness other than .Chinese,<tha`t he was a resident of the United States on thej5th of May, 1892°;` and if, _npan, the? `hearia§,_ itrshall Q appear that he is eo entitled to `a mrtincate, it_shall be granted uponhis paying the cost. Should ·it &p§€8.V1"th3t»S&id,_ChiIl2`1lIl3.Il had procured a eertiilcate Which beenlost  destroyed} he shall be detained and judgment eaapendeda reasonable time to enable himttoprocnre ajdupllé cate. {rein the ,,QiHC€‘1’ granting it, and in euehcases the cost » of aatd arreatand trial ·shal1tbe, in the discretion of the court; land any Chinese person, other than a Chinesteplaborer, having a right to be and remain int the United States, desiring such eertineate asl eieidenee of such right,may applyvfor and reccire the {same withont charge. No Qhlpese personlcomictéu in any 3 *e¤ ;$nrt_;·of tlieSiatee' or '1`ierritoriee- girior to Novexnber 3, 1893, or i—,of·the United States ot; a felony shall be permitted toiregister nder the proviaions of this seetion {but all such perao·ns~wh—o X} »o,, on  nhjeet to deportation at that ‘aa¢e_rq¤· failure orrefusal to eoinp with this seetion; shall be deported from, the United _‘ States ae is vided, upon ani appropriate proceedings-pending `E orayvhiéh {nay  hereafter iu_at;itn‘ted.f The o$rdert0t‘*dep0rta¥‘ tion shall he exeen _, , Y the ·United* Staten marahalofa the edietrict within which aneh or ;—        and he shall. execute earner nfithmall eo11veniento,,o,,,despat_ch.~ Pending thewexeention n of auch ‘order, aucl1'-_Chinese person shall remain in the. 'mittedto bail. (May 5, ISQ2, c. 60 5*6, 27 Stat. 25f Nov:S3, 1893, e., 14, §§ 1, 2,  Stat. 7, 8; Feb. 14,01903,1e. 552,} 7, 32 Stat, 828; May 4, 1913,;:, 1-11, § 3, 37 S~tat.`_.737.) S _
 * 1}1}8YGid£.b1€, cause he hastheen unable to procure his certidcate,
 * cnetedy of the United Stateamarehal ?and shall nof. be ad4

AND GIT1E§§'SHlI P IS;-i 283, Regulations for execetien ofoaectieas 284 to 2$·z,.,,.;m,, Secretary et mae: shall make aaéh miea and regalaiiirtg; aa may be necessary for the e@eie»zst exeentiam at tina tion and motions :°.?.S4 to 237 of thin title, ami shall girarwii the ry forma and furnish the    A-   niarara to  Eble such e§eéz·s under the central of the Comnaiaaitéaea eral   ,V __           torr     4»” hex·efor to issue ·fil@,_C€¢i'¥iEC3f;€S reqniredeherebsi ami such prrovisions that eertincates may be prokazsed ia ir;r;·ai§aia ; {convenient to the applicants, such eertmeatea shall be iawri without charge to the applicant, and snail matain me name, age, local residence and occupation of the applieantt, anal U other description ei the applicant as shall be paeeeri%>r;~d the Secretary of Labor, and a, dupiicate thereof shall be iiirii in the omce of sziehremeer furthe district within whioiz sfzeii Cliinaman jmakea application; (May"5, ISQ2, eg 649, § 7,3% tStat. 26*; Mar. 4, 1913, e. 141, { ·8, 37 Stat. 738.) ~289._“Laborer’T and "mcrcha¤€" dc§n¢d;r proof for ex;. trance of 1fnercQant.——Th@ W01'd8='”},8b0!’€1'” or "iahore;~;_“ wherever used in this &ction and sections  to @8 of this title, shall berconstrued to mean beth skilled and unsk»i?2r»U§ manual laborers, inelauding Chinese employed in mining, aan. U ing, huckstering, peddling, Ianndrymen, er`, those engageéi in taking, drying, or otherwise preserving shell ori other tw; for home consumption Ol? expcftatiicui “, " t Theaterm r "_merehant,"‘ as employed in such mtime, snail have the following meaning and none other: A merchant ia a ‘ person engaged in buying and selling ‘xnei·chamiae, at a nam place of business, which businem is coénduéed in his name, and who during the time he_claims;te~be engaged as a mee chant, does not engage lv in the performance of any mantra! labor, egeept such as is necessary in the conduct of his bminess as auch merchant.  " x` »· ‘ o   t ·, `_ iwhere an application is made by a Chinaman for entrance into lthQAUli:iC€d_St8t€S on the gmane that he was formerly engaged in this country aa s__ merchint,. shall establish { by the testimony ottwo credible witnasw atm: than Chinese the tact, that he condpcted such `budneas as hereinbefore ele- ‘ fined for at least one year before his departure from the United `Stat®, and that daring auch year he was not iengaged in that performance oi any manual labor, except nach aa was sary in the. conduct othis abnsiness as sud;-mer&ant, and in `default of such proof shall be    l U   · ' The certlhcate provided for in mction 237 of this title shall . mntain .the jphotograph of the applicant, together with his name, local residence and oecupahtion,  .a’ copy of `V snob , cértlticate, with a duplicate ot aauehJphetograph·atta<;he<l, shall be filed in the ‘oHee et such ‘ omcers under  control ot the lC0'll1H1i$Si0I1€1‘ General not Immigration as tm Secretary ot, Labor` shall designate therefor. U, Q _  · _ U '.S\1(Yh photographs in duplicate shall`, be  by each Yngiplicant in sueh. form as may be*_pr@ribed by the- secretary of Labor. U (Nov. 3, 1893}}:. 14, §· 2, 28 Stat.j8l°;,, May 4,1913, ·°eg141,»`§’3, 37lStat.·737.)  ,_     _` Q U .  _-   U 290. Commissioner for hearing on arrest of Chinese per-, sonsq-—gIt shall bé lawful for the district attorney of  dlstrirt iii Whip}: 1my»Chinesel`person may he arrated for being toning! unlaivfully within the United States, or having unlawfully ntered the United States, to designate the UI1itédiSt&iZ€S,f.’€lml giissioner within such district before whom men Chinese pei·$,<¤¤ shall be taken for hearing. (Marr 8, iwl, c. 845, $*1,31 Stat, 1092.)  _   ,— 1 ‘t ‘ _ _ t 291. Samet fees_.—-·A United States commissioner shall bea — entitled to receive a·fee of $5 for 'haeating and deciding a GHS? arising under the Chin@e5exclu$i0nllaa{s. (Mar. 3, Iwll, c. S15. U §e2, 31 st¤t.110os.>r. ‘ l. *  _- _ f 292. »WarrantS of, arrest.-·-No warrant nt ;ai·rest for vi0¥¤· tion; of the `Chinese·exe1gsi9n_ laws Shall be issued by United