The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-03-13

sci or pnrscr refuse. or willfuly knowingly
he shall be deemed guilty OF msdemeanor, and on
conviction thereof shall be punished by fine of
not more than $500, and may be imprisoned for a
term of not more than one year.
Sec. 5. Any person who shall knowingly bring
into TO be brought into this State by land
or otherwise, or who shall aid abet the same or
aid or abet the landing In this state frem any
sci or otherwlse OF any Chnese person not lawfully
entitled TO enter this State, shall be deemed guilty
OF felony and shall, on conviction thereof, be
fined In a sum of not exceeding $1,000, and impris-
oned in the States Prison for a term not exceeding
ono year, and II Chinese person, Shall be sem
fenced to deportation as in other cases.
Sec. o. No Chinese person shall be permitted to
enter this State by landor water, without first pro-
ducing the certificate in this required Of Chi
nese person found guilty OF being unlawfuly within
this State shall be caused to b. removed therefrom
by Judgment OF court, to China. unless the defend
ant shall prove that he is citizen of some foreign
country other than China, then to said country Of
while h be is citizen. The burden of establishing
citizenship shall rest upon the defendant; In every
case when established that such person is not
lawfully in this State, then the Judgment of
the court shall be deportation to the country of
his citizenship at the cost of said person so to be
deportcd, and Judgment and fine may be rendered
therefor. and. If collected paid unto and credited
to the Chinese Fund, and il not paid or collected,
then. IN the first instance, TO be paid by this State
the Chinese Fund after being brought Ii efore
some Superior Court Judge of this State and de-
clared by said judgment to be one not lawfully en-
led to be or to remain in this state. mr. vided
that after such Judgment and finding of any comrt
having jurisdiction. said court may transmit such
findings and Judgment To the Governor. who may
forward copy thereof to the Secretary of the
Treasury OF the United States or other Ofcer des-
ignated by him, ami request that such Chinese per
at the expense OF the United States aud In all such
cases the person who brought aided in bringing
such person to this State shall he liable to the Gov
eminent Of this State for ali necessary expenses in
Cured in such invest CATION and removal; and all
including all other persons authorized to make
rests, hereby invested with the same authority
any Sheriff OF Constable.
See. Z. ANY Chinese person adjudeed guilty OF
being unlawfully within the Jurisdiction OF this
State and on convection thereof, shall be punished
by being Geported from this State to lis or her
country, or by fine OF not less than $500 nor more
than $1,000, and deportation from this State to his
or her own country, or by Imprisonment in the
State Prison for term not less than one nor more
than i've years, and on termination OF said imprs-
of which he is a citizen; all the expenses of de
portation, upon approval OF the State Board Ex-
aminers, shall be drawn from the Chinese Fund,
provided for Ia this act, and fros other source,
when betrayed by the State.
See. 3. In all cases where the judgment of de-
portation or fine and deportation or Imprisonment
and deportation, shall DO rendered by any court
trying the same it shall be the duty the court
cause to be made copy of the findings and judg-
meat in the case. accompanying and attaching TO
the same wen taken photo -raph of the defendant,
noticeable physical marks features, as will at any
future time assist IN ready detection and convic-
ton oil second ofense, and forward the same to
tie Commissioner OF the Bureau of Labor Statistics
o. this State, for preservation and reference at any
future time.
Ser. 9. Within ninety days after the passage
OF this act 1t shall he duty of the
of the Bureau of Labor Statistics OF this State to
cause to be published in one daily weekly news
paper If any, OF general circulation within each
county of the State, tor the period of onth.
once each week. a notice to all Chinese persons
within the State, ana also post like notice in a
conspicuous place at such postofhces as he may
deem proper. written in the Chinese language, di-
recting and commanding all Chinese persons within
this State to appear at the Office OF the Commits
sioner of the Bureau OF Labor Statistics within
ninety days from the date or the last publica-
tiOn of such notices and apPly Certificate Of
Residence provided for in this act
See. 10. II shall BE- the duty of every County
Clerk to record in book kept for that purpose and
with reasonable dispatch all certihe ates Of resi-
the county, aud keep full record of ali such GER
tlfcates for future reference and Identification,
with the photograph Of said Chinese person incOr-
porated therein.
Sec IL. The form Of Certificate OF Residence"
shall be printed on parchment OF convenient size
and durable quality, leaving blank space in center
of first page of sufcient re, which shall be
printed or pasted a we-taken photograph OF APP
plicant, incudlng, when possible, all facial MARKS
or features cal cuated to aid in ready identihea-
ton. The printing surrounding the photograph
BIRTH place of birth. and country and citizenship
date OF departure from such country: date and year
OF arrival IN the United states, at what port land
ing: age sex, Postohice address number Of street
town. city, farm, ranch, county and State at which
he may now reside; family name and tribe, COM
pleXion, color, height, weight and occui alton; by
whom employ ed and = ostofce address OF employer;
II working on own account, at what employment,
giving number OF street, town, or city, name OF
farm ranch and occupation and also any particular
noticeable facial mArAs or bodily deformity may
future identification, and any Chinese person wEo
shall be found within tn Jurisdiction this state un-
provided with certificate OF residence OF the form
above set forth and bearing the Official signature of
the Commissioner OF the Bureau of Statistics OF this
State after the expiration of one year from the date
the passage of this act then aud in such case he
shall be eemed and adjudged rs unlawfuliy within
the limits of this State. and subject to punishment
as provided for in this act.
See. q The County Clerk shall cause to be affixed
TO the certificate OF Residenc e' of every Chm SO
person presenting the same for record his Official
a aaI a . data f,F
Sec 3. 1t shall be the duty OF all Chinese persons,
Within the limits Of this State at the date OF the
passage oil this act, within one year after the pas
sage Of this act to apply for certificate OF Resi-
denee" 10 The Commissioner OF the Bureau of Labor
Statistics and, on obtaining the same to present 10
and have recorded by the County Clerk OF the coua-
ty of residence OF such Chinese person his "Certif
cate OF Residence" as herelubefore prbvided; and
any Chinese person. within the limits OF this state
who shall fail or refuse to comply with the pro-
visions Of this act shall be adiudged by the court
before whom he may be tried as being unlawfnlly
within the limits of this Stale. and subject to the
same fines and penalties AS In other cases provided
for in this act.
See. II. Immediately after the passage of this
act the Secretary OF state shall Cause to be printed
by the State Printer aud sent to the clerks OF the
several counties OF this State The Necessary blank
record books, containing blank certificates, pro-
vded for herein. in such form prescribed by
tLiS act and the Commissioner OF the Bureau OF La
Sec is. Each Chinese person who shall apply to
the Commiss of the Bureau of Labor Statistics
for a certificate as required herein shall pay TO the
said Commissioner Of the Bureau of Labor Stats
ties to be paid into the State Treasury and credited
to the "Chnese Fund.- the sum OF 81, which sum-
to gethcr with cost OF photographs and recording
an fee OF deputy issuing the certificate OF resi-
de nee, shall be the only compensation allowed for
registering and issuing certificates to Chinese per-
sons as herein provided; and provided that the ap
plicant shall pay for or furnish the photograph set
forth in Section OF this act, salts actory TO the
Co nmissioner of the Bureau of Labor Statistics
Sec 1t. Immediately after the passage OF this
act the Secretary OF State shall be printed
by the state Printer on parchment and Of the size
Dor Statistics, blank copies OF the Certificate of
Residence" referred to in this act, in sufficient
Quantities TO supply the requirements Of the Com
missioner OF the Bureau oi Labor Statistics IN carry
ing out this act.
ee. IT, The Controller of this State shall open
set OF books OF account, known the "t hlnese
Fund Account" in books 20 be provided by the Sec
rotary of State ia which shall be entered all MONEYS
received under this act the date received and name
of persons paying the same, ana for what purpose
ments. rendered on the last day OF each month nv
the Commissioner OF the Bureau of Labor Statistics
on blank forms furnished by the State for such pur-
pose; and thereupon the Comm SsiOner of the Blu
reau of Labor Statistics shall pay such moneys into
the State Treasury to the credit Of said Chinese
Fund
Sec. 1s. The fees collected under the provisions
OF this act shall be known and set apart by the
Treasurer OF State as the Chinese Fund.- and shall
be held and drawn upon solely to defray the ex-
penses incidental to the execution of this act
Sec Is. The Governor OF this State is authorized
and required at the expiration of one year from tho
passage OF this act to offer a reward OF twenty-five
$50 dollars to any perton or persons, as inform
ants, who sha produce the necessary testimony
the conviction of any Chinese person of violation
OF this act, provided. that the same shall be paid
from the fund collected under the provisions of this
act and known as the Chinese Fund" and from no
other moneys belonging to the State: provided,
tina such reward shall be allowed when such
Chinese persons deported for violation of other
laws OF this State or municipal ordinances
See. 20. Whenever any peace officer OF this State
or OF any county or municipality of the same shall
lave good reason to believe that any Chinese person
has neglected TO provide himself or herself with a
certificate OF residence provided for In this
shall demand Of such person permission to see and
examine said certificate and on failure refusal
such said person to produce the same he shall at
once report the facts OATH to the Justice
OF the leace or Police Judge, or Judge OF any SUI
is shown, issue his for the arrest of
said Chinese pergon and proceed to examine or try
the defendant upon said charge.
Sec. 81. Whenever 10 shall appear 10 any court
having jurisdiction OF any under this act that
upon the testimony tho defendant has failed to pro-
VICE himself or herself with the certificate MS set
forth In this act, for cause from reasonable cir
cumstances over which he or she had no control,
tben and In such cases the judgment of the court
OF such investigation aud at that time without de-
lay. proceed to register and certificate as
provided for In this act; and provided further that
should the defendant fan, on demand of the court
To comply with the judgment OF the ime under the
provisions OF this act then and In such cases the
penalty shall lie the same provided for In other
cases. and the award TO the informant shall be the
same as in other eases: provided that when suni-
Client excuse Is shown for not having registered and
such registration is made, penalty shall be In
fctsd except the payment OF costs
Sec ~. Any person whose race or nationality
precludes him from being naturalized under the
laws Of the United States under the laws of this