Certain vessels 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. 2962. Masters of vessels arriving at any of the exempted. ports of this State from any port in this State, or from 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 pas senger other than way passengers taken on board between the port of New York and the port of arrival in this State. Certain persons 2963. The Consuls, Ministers, agents, or other exempted. public functionaries of any foreign Government, arriv ing in this State in their official capacity, are exempt from the provisions of this Chapter. Powers and duties of Commissioners of Immigration. NOTE.-Stats. 1862, p. 487. 2964. The Commissioner of Immigration must approve all bonds and administer all oaths required in the discharge of his duties. Whenever it appears that the master or commander of any vessel has not made a full and correct report, as provided by this Chapter, the Commissioner must inquire into the same, and for that purpose may require the attendance of witnesses before him in the same manner as Notaries Public may in civil cases. Testimony so taken may be read as evidence on the trial of any action commenced for any penalty or forfeiture accruing under the provisions of this Chapter in the same manner and with the like effect as if regularly taken in such action. NOTE.-Stats. 1863, pp. 150, 151; 1870, p. 331. fees. 2965. The Commissioner of Immigration must Same and prepare all bonds required to be given by the owners or consignees, masters, captains, or commanders of vessels, and administer the oaths to the sureties upon such bonds, and for each bond he may charge and collect a fee of three dollars, and for the administration of each oath he may charge one dollar; and if he neglects to administer the oath to such sureties, or to require them to justify on each bond, as required herein, or if he demands or receives any other or larger fees, commissions, or compensation for services than is expressly allowed in this Chapter, he shall pay to the State of California the penal sum of one hundred dollars for each offense. NOTE.--Stats. 1870, p. 331; 1862, p. 487. 2966. In all the ports in this State other than San Francisco the Mayor or chief municipal officer at such port, or if there be none such, then the Sheriff of that county is ex officio Commissioner of Immigration for such port, and in carrying out the provisions of this Chapter, and has all the powers and is liable to all the penalties provided herein. NOTE.-Stats. 1862, p. 487. 2967. The District Attorney of any county in which the provisions of this Chapter may be violated must Ex officio sioners. Commis Duties of Bond of Commissioner. collect and enforce the payment of all penalties to the State incurred hereunder. One fourth of the money so collected must be retained by him as compensation for his services, and the other three fourths must be paid into the County Treasury of the county, to be paid into the State Treasury for State purposes. NOTE.-Stats. 1862, p. 487; see Secs. 176, 177, Penal Code Cal. 2968. The Commissioner of Immigration for the port of San Francisco must execute an official bond in the sum of twenty-five thousand dollars. NOTE.-See Sec. 947, et seq., ante. On the subject of immigration, which is intimately connected with international intercourse, Field, in his Drft. Outl. Inter. Code, p. 84, treats at some length of Asylum for Criminals, and remarks that, "until recently, the obligation of a nation to deliver up criminals upon the demand of a foreign nation has been a disputed point, but now the weight of authority seems to be against it." Twiss (Law of Nations, Part I, Sec. 221) states the rule substantially: "That no nation is bound to surrender a person within its jurisdiction exclusively to any foreign power, except by special compact." But, on the other hand, it is said that no nation is bound to furnish an asylum to criminals from foreign countries; each Government determines the cases and manner in which such persons are to be excluded or removed. Ortolan Régles Int. et Dipl. de la Mer., Vol. 1, p. 299, says the commanding officer of a ship of war may expel a refugee without awaiting proceedings in extradition. In Commonwealth vs. Deacon, 10 Sergeant & Rawle's (Penn.) Rep., p. 125, it was held that every nation has an undoubted right to surrender fugitives from other States. No man has a right to say, "I will force myself into your territory, and you shall protect me." Dana, in his Wheaton's Inter. Law, Sec. 115, Note 73, says the general tone of judicial decisions and political debate in the United States has been adverse to the right of our Government, in the absence of treaty or statute, to surrender a fugitive criminal. Such a surrender was, however, once made in the United States, in the case of Arguelles, Governor of a district in Cuba. This case, however, was somewhat connected with slavery-a subject upon which the authorities, during a civil war growing out of similar home subjects, may not have acted entirely free from party prejudice, or in strict accordance with the most approved judgment. To an inquiry for the reasons for such action, made by the U. S. Senate May 28th, 1864, the Secretary of State replied at length, concluding as follows: "A nation is never bound to furnish asylum to dangerous criminals, who are offenders against the human race; and it is believed that if in any case the comity could with propriety be practiced, the one which is understood to have called forth the resolution (of inquiry) furnished a just occasion for its exercise."-U. S. Dipl. Corress., 1864, Part II, pp. 60-74; Congressional Globe, 1864. The House of Representatives voted down a resolution censuring this act of the Secretary as a violation of the Constitution, and in derogation of the right of asylum. An indictment against the Marshal for making the arrest, as for kidnapping, has not been tried. This action was certainly too much controlled by home questions to do much toward settling the international law. Though Congress has the undoubted constitutional power over commerce, if a State is invaded, or about to be, by obnoxious persons, against whom no provision is made by Congress, and in cases not covered by treaties, it becomes a matter of great moment that State authority should be interposed; and its exercise ought not, in such case, to be lightly regarded, but upheld, if possible, under the general police powers incident to all government.-See note to Sec. 2978, post; see, also, Field's Drft. Outl. Inter. Code, pp. 86 to 123, inclusive. Abuse of "Asylum" and "Extradition," and notes, treaties, and authorities there cited. The future promises much inquiry into the questions naturally incidental to, if not concomitant with, foreign immigration to this coast; and to these questions, so far as they are yet open to inquiry, attention is invited by this note. CHAPTER II. PRESERVATION OF PUBLIC HEALTH. ARTICLE I. STATE BOARD OF HEALTH. II. VACCINE AGENT. III. HEALTH AND QUARANTINE REGULATIONS FOR THE CITY AND HARBOR OF SAN FRANCISCO. ARTICLE IV. HEALTH REGULATIONS FOR THE CITY OF SACRA MENTO. V. HEALTH AND QUARANTINE OF OTHER CITIES, TOWNS, Who constitutes the State Board. ARTICLE I. STATE BOARD OF HEALTH. SECTION 2978. Who constitute the State Board. 2979. Duties of. 2980. To report as to the effect of intoxicating liquors. 2982. Duties of Secretary. Salary of Secretary. 2983. Expenses of, limited. 2978. The State Board of Health consists of seven physicians-two of the City of Sacramento, and five from other portions of the State-appointed by the Governor for the term of four years. NOTE.-Stats. 1869-70, p. 329, Sec. 1. Public health is an object of the utmost importance, and has attracted the attention of the National and State Legislatures. By the Act of Congress of the 25th of February, 1799, 1 Story, U. S. Laws, p. 564, it is enacted: Section 1. That the quarantines and other restraints which shall be established by the laws of any State, respecting any vessels arriving in or bound to any port or district thereof, whether coming from a foreign port or some other part of the United States, shall be observed and enforced by all officers of the United States in such place. Sec. 4. In times of contagion the Collectors of the revenue may remove, under the provisions of the Act, into another district. Sec. 5. The Judge of any District Court may, when a contagious disorder prevails in his district, cause the removal of persons confined in prison under the laws of the United States into another district. Sec. 6. In case of the prevalence of a contagious disease at the seat of government, the President of the United States may direct the removal of any or all public offices to a place of safety. Sec. 7. In case of such contagious disease at the seat of government, the Chief Justice, or in case of his death or inability, the senior Associate Justice of the Supreme Court of the United States, may issue his warrant to |