Nakasuji

Appellant instituted this action to recover from the Collector of Customs, for District No. 27, a $5,000 fine levied against appellant for failure to deport five Japanese alien seamen, as required by an order of the immigration department, dated March 6, 1931. The fine was imposed under section 20 of the Immigration Aet of 1924 (8 USCA § 167), which provides, in part, that:

“The owner * * * or master of any vessel arriving in the United States from any place outside thereof who fails to detain on board any alien seaman employed on such vessel until the immigration officer in charge s.t the port of arrival has inspected such seaman, * * * or who fails to detain such seaman on board after such inspection or to deport such seaman if required by such immigration officer or the Secretary of Labor to do so, shall pay to the collector of customs of the customs district in which the port of arrival is located the sum of $1,000 for each alien seaman in respeet of whom such failure occurs.”

That section also provides that:

“No vessel shall be granted clearance pending the determination of the liability to the payment of such fine, or while the fine remains unpaid, except that clearance…