The term " merchant as employed herein and in the acts of which this is amendatory shall have the following meaning and none other: A merchant is a person engaged in buying and selling merchandise at a fixed place of business. which business is conducted in his name. and who. during the time lie claims to be engaged as a merchant. does not engage in the performance of any manual labor except such as is necessary In the conduct of his business as such merchant. Where an application is made by a J]apanese or Korean for entrance into the United States on the ground that he was formerly engaged in this country as a merchant. he shall establish by the testimony of two credible witnesses other than Japanese or Korean the fact that he conducted such business as hereinbefore defined for at least one year before his departure from the United States. and that during such year lie was not engaged in the performance of any manual labor. except suchi as was necessary in the conduct of his business as such merchant. and in default of such proofs 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 execute the same with all convenient dispatch. and pending the execution of such order such Japanese or Korean 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. shall be filed In the office of the United States collector of Internal revenue of the district in which such Japanese or Korean makes application. Such photographs In duplicate shall be furnished by each applicant In such form as may be prescribed by the Secretary of Commerce and Labor.
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deportation