manner as a fine; if the decision holds that the penalty has not been incurred, the collector of customs shall return to the depositor the amount deposited as security.

Rule 29. Fine, failure to deliver manifests. If the master or commanding officer of any vessel bringing aliens to a United States port fails to deliver to the immigration officers at such port lists or manifests, as required by sections 12, 13, and 14, and it therefore becomes necessary to collect the fine imposed by section 15, the following instructions shall be observed:

(a) Written notice, clearly setting forth the particulars in which the lists or manifests are deficient, shall be served upon the steamship company concerned, allowing such company the period of sixty days from date of notice within which to place before the Department, through the local immigration officials, such evidence, if any, as said company may possess to show cause why the statutory penalty should not be collected. Copies of such. notices and the responses thereto shall be kept of record, and shall be forwarded to the Department in the event the collection of the penalty is protested; and in no protested case shall suit be instituted to enforce collection until the Department has rendered a decision directing that collection be made.

(b) Similar notice shall be given by collectors of customs as a preliminary to collecting fines for failure to promptly furnish manifests of outward-bound alien passengers. (See Rule XXIX, statistical regulations.)

(c) Under an opinion of the Attorney-General, the fine mentioned in this rule can not be remitted. (25 Op. At. Gen., 336.)

(d) In no case covered by this rule shall the aggregate amount of fines collected in any one instance of departure of a vessel exceed one hundred dollars.

(e) The detailed statistical information required under section. 12 of the Immigration Act and section 1 of the naturalization act of June 29, 1906, shall not hereafter be required to be furnished in the cases of diplomatic and consular officers, and other officials duly accredited by their governments, together with their suites, families, and guests, coming to the United States or in transit. The names of all such diplomatic and consular representatives and their suites, families, and guests, with their re

spective titles, should, however, appear grouped together upon the manifest.

(f) As an additional precaution all aliens examined at ports of entry, concerning whom complete information is not furnished in the manifests, should be questioned as to whether demand was made upon them by the representatives of the steamship company at the port of foreign embarkation for the items of information that are lacking; and in case such answer is in the negative, the affidavit of the alien shall be taken and filed for future reference if required.

(g) The certificate (unverified) of a responsible surgeon located at the point of embarkation or at the last port of call, prepared in the form appearing upon the reverse side of the manifest (Form 1500), shall be accepted as a sufficient compliance with section 14 requiring that when no surgeon sails with a vessel bringing aliens to the United States, the mental and physical examination of such aliens shall be made by "some competent surgeon employed by the owners of the said vessel."

(h) There will be furnished to the steamship company by the Bureau of Immigration and Naturalization blank books suitable for use in the preparation of alphabetical indexes of manifests.

Rule 30. Fines, reporting of. The following method will be observed in reporting fines incurred under the immigration laws:

(a) Commissioners of immigration or inspectors in charge will, in all cases wherein a United States attorney is requested to institute proceedings for the recovery of prescribed penalties or to undertake criminal prosecution of an alleged offender against the immigration laws, make a report at the same time to the collector of customs for the district in which the offense was alleged to have been committed. Said report shall be rendered in every case which may arise, irrespective of the possible outcome of any legal proceedings, and shall embrace the following: (1) Date when offense was committed; (2) act, and section thereof, violated; (3) nature of offense; (4) name of offender; (5) nationality, kind, and name of vessel; (6) statutory amount of fine; (7) date of reporting case given to each violation.

(b) Upon receipt of the above reports, the collector of customs will give each case a number in chronological order. When more than one section of a statute is violated by the same vessel, a separate case number will be given to each violation.

(c) At the close of each month, collectors of customs will render reports in the same manner as in the case of navigation and steamboat-inspection fines, viz.: All fines incurred during the month must be reported on Form Cat. No. 1078, showing, under the heading "Remarks," the date when the case was reported to the United States attorney.

(d) All fines disposed of during the month must be reported on Form Cat. No. 1006. In connection with this form, the account current (Form Cat. No. 1000) must be used.

(e) At the close of June and December in each year, semiannual reports, on Form Cat. No. 1079, must be rendered, showing all unsettled cases on hand and explaining the cause of delay in disposing of them.

RULES RELATING TO DEPORTATION.

Rule 31. Deportation, aliens subject to.- Aliens of the following classes are subject to arrest, upon the warrant of the Secretary of Commerce and Labor, and to deportation to the country. whence they came, at any time within three years after landing or entry:

(a) Aliens who, at the time of entry, belonged to any of the classes of persons enumerated and defined in section 2 of the Immigration Act or in the Executive order of March 14, 1907, and who should, therefore, have been then excluded. (Sections 20, 21.)

(b) Aliens who become public charges from causes existing prior to landing. (Section 20.)

(c) Alien women or girls who are found to be inmates of a house of prostitution or practicing prostitution. (Section 3.)

(d) Aliens who are found to have entered the United States at any other place than at the seaports thereof or at one of the ports or places designated in Rules 24 and 26 hereof, and aliens found to have entered at a seaport, but at any time or place other than as designated by the immigration officers. (Sections 18, 36.)

Rule 32. Public charges from prior causes.- The case of every alien found to have become a public charge from causes existing prior to landing should be reported to the immigration officer stationed nearest the place where the alien is confined. This report must be accompanied by

(1) An unequivocal certificate (Form 534) of the principal medical officer of the institution of which the alien is an inmate, setting forth:

(a) That the alien is a public charge, and giving: Date of admission to the institution; date and port of foreign embarkation; ship and line by which arrived; date and port of American debarkation; correct name; name under which manifested; age; nationality; and citizenship.

(b) An accurate statement in plain terms of the mental or physical disability of the alien, covering any and all complications which his condition may present; also his present condition with reference to the degree of helplessness to which reduced; the probability of a cure, or the degree to which health and ability to become self-supporting may be restored; and in insanity cases, whether recurrent attacks might be expected if recovery from present onset were effected.

(c) A full and complete recital of the causes to which are attributed the alien's condition as a public charge.

(d) Whether such causes are considered to have existed prior to or to have arisen subsequent to landing; and if believed to have existed prior to landing, stating specifically the reasons upon which belief in prior cause is based, or, in other words, the features of the case which justify such a conclusion.

(2) A complete copy of the clinical or general history of the case as shown by the hospital records, and including the statements of relatives and friends.

(3) In the cases of insane patients, a copy of the commitment papers containing the grounds alleged by the examining physicians as the basis for commitment.

(4) Before applying for a warrant in accordance with Rule 34, the immigration officer to whom the foregoing report is made shall, whenever practicable, cause the alien to be examined by an officer of the Public Health and Marine-Hospital Service, whose certificate should accompany the application for a warrant.

Rule 33. Public charges, medical certificate. In the event that the examining medical officer is able definitely to certify that an alien was, at the time of landing in the United States, afflicted with insanity, idiocy, imbecility, feeble-mindedness, epilepsy, tuberculosis, or a loathsome or dangerous contagious disease, such a certificate will be regarded as prima facie evidence of entry in violation of section 2 of the Immigration Act, and, in the absence of satisfactory evidence to the contrary, the alien will be deported in accordance with the provisions of sections 20 and 21.

Rule 34. Deportation, application for warrant.- Every immigration officer receiving a report in conformity with Rule 32, accompanied by a medical certificate that complies with either Rule 32 or Rule 33, shall communicate with the officer in charge at the port of entry and, if landing is verified from the official records, shall make application for warrant in the manner providel by Rule 35. Such aliens will not be removed from the institutions in which they are confined until after due hearing and after an order of deportation is issued, or unless special instructions for removal are incorporated in the warrant.

Rule 35. Deportation, procedure.- In enforcing sections 20 and 21 of the act approved February 20, 1907, the following instructions regarding application for warrants of arrest and deportation will be observed:

(a) All applications for warrants must be made, if possible, upon blank form No. 565, which will be furnished upon written request to the Commissioner-General of Immigration, Department of Commerce and Labor, and which must be filled out in accordance with the printed lines contained therein, and be accompanied by the certificate of landing or entry (Form No. 564) hereinafter prescribed, or if not so accompanied the reasons for the absence of such certificate must be given, and in that case all the facts called for in the blank form of said certificate shall be set forth in the application, so far as the facts are ascertainable.

(b) A full statement must be made in every such application of the facts, supported if practicable by affidavits, which show the presence in the United States of the alien whose arrest and deportation is sought to be in violation of law.