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States without such certificate of residence, shall be deemed and adjudged to be unlawfully within the United States,
and may be arrested by any United States customs official, collector a internal revenue or his deputies, United States marshal or his deputies
and taken before a United States judge, whose duty it shall be to order that he be deported from the United States, as provided in thi act and in the act to which this is an amendment,
unless he shall establish clearly to the satisfaction of said judge tha by reason of accident, sickness, or other unavoidable cause he has been unable to procure his certificate, and to the satisfaction of said Unite States judge, and by at least one credible witness other than Chinese that he was a 'resident of the United States on the fifth of May, eighteel hundred and ninety-two;
and if, upon the hearing, it shall appear that he is so entitled to a cer tificate, it shall be granted upon his paying the cost.
Should it appear that said Chinaman had procured a certificate whicl has been lost or destroyed, he shall be detained and judgment suspended a reasonable time to enable him to procure a duplicate from the office granting it, and in such cases the cost of sá d arrest and trial shall be in the discretion of the court:
and any Chinese person, other than a Chinese laborer, having a righ to be and remain in the United Staies, desiring such certificate as evi dence of such right, may apply for and receive the same without charge
and that no proceedings for a violation of the provisions of said section six of said act of May fifth, eighteen hundred and ninety-two, as orig inally enacted, shall hereafter beinstituted, and that all proceedings fo said violation now pending are hereby discontinued":
Provided, That no Chinese person heretofore convicted in any cour of the States or Territories or of the United States of a felony shall b permitted to register under the provisions of this act; but all such per sons who are now subject to deportation for failure or refusal to compl with the act to which this is an amendment shall be deported from th United States as in said act and in this act provided, upon any appre priate proceedings now pending or which may be hereafter instituted
992. Sec. 2. The words “laborer”.or “laborers,” wherever used in thi act, or in the act to which this is an amendment, shall be construed t mean both skilled and unskilled manual laborers, including Chines employed in mining, fishing, huckstering, peddling, laundrymen, o those engaged in taking, drying, or otherwise preserving shell or othe fish for home consumption or exportation.
The term “merchant," as employed herein and in the acts of whicl this is amendatory, shall have the following meaning and none other: A merchant is a person engaged in buying and selling merchandise, at ifixed place of business, wiiich business is conducted in his name, and who during the time he claims to be engaged as a merchant, does not engage in the performance of any manual labor, except such as is necBary in the conduct of his business as such merchant.
Where an application is made by a Chinaman for entrance in to the (nited States on the ground that he was formerly engaged in this wantry as a merchant, he shall establish by the testimony of two credible witnesses other than Chinese the fact that he conducted such busibass as hereinbefore defined for at least one year before his departure from the United States, and that during such year he was not engaged in the performance of any manual labor, except such as was necessary in the conduct of his business as such merchant, and in default of such proof shall be refused landing.
Such order of deportation shall be executed by the United States Marshal of the district within which such order is made, and he shall serite the same with all convenient dispatch; and pending the execufou of such order such Chinese person shall remain in the custody of the United States Marshal, and shall not be admitted to bail.
The certificate herein provided for shall contain the photograph of the applicant, together with his name local residence and occupation, and a copy of such certificate, with a duplicate of such photograph attached, hall be filed in the office of the United States Collector of Internal Revenge of the district in which such Chinaman makes application.
Sach photographs in duplicate shall be furnished by each applicant in such form as may be prescribed by the Secretary of the Treasury. [Sprember 3, 1893.]
SUTE-See Treaty between the United States and China, concluded Mar. 17, 1891, winch makes important modifications of the existing statutes on this subject. [Paramaphs 1403-147.]
COLLECTION OF DUTIES.
993. SEC. 2770. It shall not be lawful to make entry of any vessel which shall arrive within the United States, from any foreign port, or of the cargo on board such vessel, elsewhere than at one of the ports of entry designated in chapter one of this Title: nor to unlade the cargo, or any part thereof, elsewhere than at one of the ports of delivery there designated, except that every port of entry shall be also a port of deli ery. This section shall not prevent the master or commander of ar vessel from making entry with the collector of any district in whi such vessel may be owned, or from which she may have sailed on ti voyage from which she shall then have returned. [See $ 5314-5321.]
994. SEC. 2772. The master of every vessel bound to a port of delive only, in any district, shall first come to at the port of entry of such di trict, with his vessel, and there make report and entry in writing, ar pay all duties required by law, port fees and charges, before such vess shall proceed to her port of delivery. Any master of a vessel who sha proceed to a port of delivery contrary to such directions shall be liable a penalty of five hundred dollars, to be recovered with costs of suit.
995. SEC. 2837. All invoices shall be made out in the weights or mea ures of the country or place from which the importation is made, an shall contain a true statement of the actual weights or measures of suc merchandise, without any respect to the weights or measures of th United States. (See SS 5443, 5445.)
996. SEC. 2840. In every case in which a coilector shall suspect tha any merchandise is not invoiced at a sum equal to that for which it h! usually been sold in the place or country from whence it was importe he shall take the merchandise into his possession, and retain the sau with reasonable care, at the risk and expense of the owner or consigne until its value at the time and place of importation has been ascertaine as in the case of damaged merchandise, or of merchandise not accor panied with an invoice, and until the duties arising, according to su valuation, have been paid, or secured to be paid. But in case of a pro ecution for forfeiture, such appraisement shall not exclude other proc upon the trial, of the actual cost of the merchandise at the place exportation.
997. SEC. 2844. If there is no consul or commercial agent of the Unit States in the country from which such merchandise was imported, tl authentication required by the preceding section shall be executed by consul of a nation at the time in amity with the United States, if the is any such residing there; and if there is no such consul in the count the authentication shall be made by two respectable merchants, if a there be, residing in the port from which the merchandise shall ha been imported.
998. SEC. 2851. For every verification of an invoice and certifica before a consul or commercial agent, such consul or commercial age
I be entitled to demand and receive from the person making the e, a fee of two dollars and fifty cents. But each shipper shall have right to include all articles shipped by him in the same invoice. S$ 1716, 1721.] 19. SEC. 2855. The person so proäucing such invoice shall at the e time declare to such consul, vice-consul, or commercial agent the in the United States at which it is intended to make entry of merndise; whereupon the consul, vice-consul, or commercial agent shall rse upon each of the triplicates a certificate, under his hand and al seal, stating that the invoice has been produced to him, with date of such production, and the name of the person by whom the e was produced, and the port in the United States at which it shall the declared intention to make entry of the merchandise therein itioned. The consul, vice-consul, or commercial agent shall then ver to the person producing the same, one of the triplicates, to be 1 in making entry of the merchandise; shall file another in his office, le there carefully preserved; and shall, as soon as practicable, transthe remaining one to the collector of the port of the United States which it shall be declared to be the intention to make entry of the chandise. 100. Sec. 2857. Whenever, from a change of the destination of any chandise, after the production of the invoice thereof to the consul, -consul, or commercial agent, or from other cause, the triplicate nsmitted to the collector of the port to which such merchandise was zinally destined, is not received at the port where the same actually ives, and where it is desired to make entry thereof, the merchandise
be admitted to an entry on the execution by the owner, consignee, igent, of a bond, with sufficient security, in double the amount of F apparently due, conditioned for the payment of the duty which 11 be found to be actually due thereon. The collector of the port ere such entry shall be made shall immediately notify the consul, E-consul, or commercial agent to whoin such invoice has been prond, to transmit to such collector a certified copy thereof; and such isul, vice-consul, or commercial agent shall transmit the same accordly without delay; and the duty shall not be finally liquidated until h triplicate, or a certified copy thereof, shall have been received. ih liquidation, however, shall not be delayed longer than eighteen nths from the time of making such entry. 901. Sec. 2859. The six preceding sections shall not apply to countries ere there is no consul, vice-consul, or commercial agent of the United States. And whenever the value of the imported merchandise does n exceed one hundred dollars, the collector may admit it to entry witho - the production of the triplicate invoice, and without submitting ti question to the Secretary of the Treasury, if he is satisfied that the ne lect to produce such invoice was unintentional and that the importati was made in good faith, and without any purpose of defrauding evading the revenue laws.
1002. SEC. 2861. No consular officer of the United States shall grant certificate for merchandise shipped from countries adjacent to the Uniti States, which have passed a consulate after purchase for shipmen [See $ 1717, bis. ]
1003. SEC. 2862. All consular officers are hereby authorized to requir before certifying any invoice under the provisions of the preceding se tions, satisfactory evidence, either by the oath of the person presentir such invoices or otherwise, that such invoices are correct and true. 1 the exercise of the discretion hereby given, the consular officers sha be governed by such general or special regulations or instructions: may from time to time be established or given by the Secretary of Stat [See $ 1715.]
1004. SEC. 2863. All consuls and commercial agents of the Unite States having any knowledge or belief of any ca or practice of an person who obtains verification of any invoice whereby the revenue 1 the United States is or may be defrauded, shall report the facts to tl collector of the port where the revenue is or may be defrauded, or i the Secretary of the Treasury. [See $ 5442.]
APPRAISEMENT. 1005. SEC. 2904. When the duty upon any imports shall be subject be levied upon the true market value of such imports in the princip markets of the country from whence the importation has been made. at the port of exportation, the duty shall be estimated and collecte upon the value on the day of actual shipment, whenever a bill of ladir shall be presented showing the date of shipment, and which shall 1 certified by a certificate of the United States consul, commercial agen or other legally authorized deputy.
1006. SEC. 2906. When an ad-valorein rate of duty is imposed on an imported merchandise, or when the duty imposed shall be regulated by or directed to be estimated or based upon, the value of the square yar or of any specified quantity or parcel of such merchandise, the collecta within whose district the same shall be imported or entered shall cau