SECTION 2963. Certain persons exempted. 2964: Powers and duties of Commissioners of Immigration. 2966. Ex officio Commissioners. 2967. Duties of District Attorneys under this Chapter. masters of SEC. 2949. Within twenty-four hours after the arrival Duties of of any vessel arriving at any of the ports of this State, vessels bringing passengers from any place out of this State, the California. master of such vessel must make on oath to the Commissioner of Immigation at such port a written report. SEC. 2950. The report must state: 1. The name, place of birth, last residence, age, and occupation of all such passengers who are not citizens, or who shall have within the last preceding twelve months arrived from any country out of the United States, and who have not been bonded or paid commutation money, as provided in this Chapter, as have been landed from any such vessel at any place during her last voyage, or who have gone on board of any vessel with the intention of coming into this State; 2. Whether any of the passengers so reported are lunatic, idiot, deaf, dumb, blind, crippled, or infirm, and not accompanied by any relatives able to support them; 3. Who may have died during the last voyage of such vessel; and, 4. The name and residence of the owner of such vessel. SEC. 2951. The master or commander of the vessel must administer to any passenger of foreign birth, who declares himself a citizen of the United States, the following oath: "I,- --, do solemnly swear (or affirm) that I was born in -; that I am a naturalized citizen of the United States; that I was naturalized and received my certificate of naturalization in the State of year in the SEC. 2952. The Commissioner of Immigration, by an indorsement on the report, may require the owner or consignee of the vessel from which such passengers have been landed to give a joint and several bond to the people arriving in Form of report. Oath to be adminis te ed to passengers. certain Bond may be required of owner or consignee of vessel. Additional bond in cer of the State of California, in a penalty of five hundred. dollars, for each passenger included in such report, conditioned to indemnify and save harmless every county, town, or city in this State, against all costs and expenses which may be by them necessarily incurred for the relief, support, or medical care of the persons named in the bond, within two years from the date of such bond. Stats. 1852, p. 79. SEC. 2953. Whenever there is among the passengers tain cases. any lunatic, idiot, deaf, dumb, blind, cripple, or infirm person not members of families, or who are likely to become permanently a public charge, or who have been paupers in any other country, or who from sickness or disease existing either at the time of sailing from the port of departure or at the time of their arrival in this State are a public charge or likely soon to become so, the Commissioner in his indorsement or by a subsequent indorsement (made at any time within twenty days after the landing of such passenger), must require, in addition to the bond provided for by the preceding section, that the owner or consignee of such vessel execute for every such passenger a further bond, joint and several, to the people of this State in the sum of one thousand dollars, conditioned and secured in the same manner as the bond in the preceding section. Nature of bond. SEC. 2954. The bond required by either of the two preceding sections must be a separate bond for each passenger, and the same sureties must not be upon more than one bond. Each bond must be secured by two or more sufficient sureties, residents of the State, each of whom must prove before the Commissioner of Immigration, by oath or otherwise, indorsed in writing on such bond, that he is a freeholder and resident of the State, and is worth double the amount of the penalty of the bond in real estate, over and above all his debts and liabilities. The bond may, at the option of the party, be secured by mortgage on real estate or by the pledge and transfer of United States bonds, bonds or Controller's warrants of this State, in any amount sufficient to secure the same. Stats. 1852, p. 79. tion. SEC. 2955. Within three days after the landing of such Commutapassenger from any vessel, the master or commander, the owner or consignee of the vessel, may commute for the bonds required by this Chapter by paying to the Commissioner the sum of five dollars for every passenger reported. Upon the payment of such commutation money and the filing with the Controller of State the receipt of the Commissioner therefor by the party paying the same, such party shall not be required to give bonds. The Controller of State must file such receipts in his office, and compare the same with the accounts of the several Commissioners of Immigration, when rendered monthly. Stats. 1852, p. 79; 1862, p. 486. on bond. SEC. 2956. If any person for whom a bond has been Action given under this Chapter, within the time specified in such bond, becomes chargeable upon any city, town, or county of this State, an action may be brought upon such bond in the name of the people of this State, by the District Attorney of the county. The plaintiff in the action is entitled to recover upon such bond, from time to time, so much money, not in the whole exceeding the penalty of such bond, exclusive of costs, as may be sufficient to defray the expense incurred by any such city, town, or county, for the maintenance and support of the person for whom the bond may have been given. The amount of such recovery may be collected from the sale of the real estate or other security mortgaged, pledged, or deposited therefor, in conformity with this Chapter. Stats. 1852, p. 80. SEC. 2957. If any owner or consignee neglects or refuses to give any of the bonds required by this Chapter within three days after the landing of such passenger, or the indorsement of the Commissioner, or does not within that time make the commutation authorized by section Penalty for give bond. neglect to Commutation Fund, to what applied. Fines and penalties, lien on vessel. Other com mutations. two thousand nine hundred and fifty-five, he is liable to the State of California in the penal sum of one thousand dollars for each passenger on whose account such bond may have been required or for whom such commutation might have been made under this Chapter. SEC. 2958. All moneys received in commutation of bonds, and paid into the State Treasury, must be appropriated for the support and maintenance of the indigent sick. Stats. 1860, p. 214, Secs. 8, 9. SEC. 2959. For all fines and penalties imposed by this Chapter upon any master or commander, owner or consignee, for any omission, neglect, or refusal to perform any act or duty required by this Chapter, such vessel is liable; and the amount of such fines or penalties are a lien upon such vessel, and have priority over all other liens, except those for seamen's wages, bottomry bonds, and respondentia. Such penalties and fines may be sued for and recovered in a civil action, with costs of suit, by the Commissioner, or by his authorized attorney, in the name of the State of California, in any Court having cognizance thereof, and when recovered must, after deducting the expenses, be paid into the State Treasury. SEC. 2960. The Commissioner may compound or commute for any of the penalties or fines, upon such terms as he thinks proper, and at the end of every month report to the Controller of State the reasons and causes of such compounding or commutation. He may also compound or commute with the owner or consignee of any vessel for any bond required to be given by such owner or consignee for such passengers as have been paupers in any other country, or who, from their condition at the time of their arrival in this State, or from sickness or disease at the time of their leaving the port of departure, are a public charge, or likely soon to become so; such commutation to be fixed by the Commissioner at such sum as he may deem sufficient to defray the neces sary expenses of such persons during the continuance of their then sick, disabled, or infirm state. Stats. 1853, p. 273. tion money into State Treasury. SEC. 2961. The Commissioner receiving any commuta- Commutation money, or any moneys from fines, or penalties, or to be paid other sources, under this Chapter, must account for and pay the same, less twenty per cent which he may retain as his compensation, on,the first Tuesday of every month. to the Treasurer of State in the same manner in which County Treasurers account; he must specify in his account the names of the parties paying each sum of money, the date of such payment, for what paid, or the name of the vessel and the number of passengers on account of whom it was paid, or annex thereto an affidavit of its correctness. The Commissioner must also furnish to the parties paying any commutation money, or any money from other sources, receipts in duplicate, specifying the amount paid, the name of the vessel, and the number of passengers on account of whom or for what it was paid. vessels SEC. 2962. Masters of vessels arriving at any of the Certain ports of this State from any port in this State, or from exempted. Oregon, or Washington Territory, are exempt from making the statement required by this Chapter when the vessels in which they arrive have not taken on board at their port of departure, or at any intermediate port, any alien passenger, to be landed at the port of arrival; and masters of vessels arriving from Panama are also exempted from the provisions of this Chapter when they have not landed, or are not about to land, passengers who took their departure from ports other than the port of New York; and in no case must such master be required to report any passenger other than way passengers taken on board between the port of New York and the port of arrival in this State. SEC. 2963. The Consuls, Ministers, agents, or other Certain public functionaries of any foreign Government arriving exempted. persons |