INTERNATIONAL LABOUR OFFICE STUDIES AND REPORTS Series O (Migration) No. 3 MIGRATION LAWS AND TREATIES VOLUME I Emigration Laws and Regulations GENEVA 1928 PREFACE The first edition of the present work was issued in 1922 under the title Emigration and Immigration : Legislation and Treaties. Its publication was the outcome of the meeting of the International Emigration Commission, which was held at the International Labour Office in August 1921, and which adopted a resolution in favour of the publication of the legislative documents that had been submitted to it. . That edition, which analysed the laws and treaties of 76 countries and gave a general idea of the measures taken to regulate migration movements, served a useful purpose as a handbook for those concerned with the protection of migrants. But, like all international legislative treatises devoted to a question still in process of evolution, the information it contained soon became out of date. Since 1922, in fact, the regulation of migration has been the subject of ever-increasing legislative activity, an activity that goes to prove how great is the interest of Governments nowadays in this problem. Almost every country has adopted new legislation relating to migration, or has amended its existing laws. During the same period, international action has also progressed. So great, indeed, have been these developments, that finally there was scarcely a page of the original volume which did not require revision and extension. Again, that work had hardly left the press when the International Labour Conference unanimously decided to recommend Governments to communicate regularly to the International Labour Office all their laws and regulations regarding migration. As a result, a great mass of new legislative and diplomatic material began to reach Geneva every month. Documents so voluminous and of such great interest could not be put away without being classified, studied, and published. It is the purpose of the present VI PREFACE volumes to do this. They are based on new and wider lines than the former edition, every effort having been made not only to bring up to date the information given for the countries dealt with in 1922, but also to include States not then covered. The present volume analyses the laws and regulations of about 200 sovereign countries, federated States, mandated territories, protectorates, colonies, and dependencies. Although the original work has been so substantially revised that the present edition may be considered as in reality a new work, the main scheme is the same for both. As in the first edition, the work falls into three principal parts, each of which, however, in the present case, forms a separate volume. These volumes are entitled : I Emigration Laws and Regulations. I I Immigration Laws and Regulations. I I I International Treaties and Conventions. Threefold as this division appears, in reality it covers but two aspects of the subject treated. The first two volumes, taken together, form a study of national laws governing migration, while the third volume deals with the international regulation of migration movements, which has increased to such an extent in recent years that this volume of the study is very hig, although the information in it has been severely condensed. If the present volume is to be used to the best purpose and its subject-matter fully grasped, it is essential that the connection between these three parts should be clearly understood. At the outset it may be observed that legislation governing emigration and legislation governing immigration both represent measures for dealing from different angles with one and the same phenomenon, namely, the transfer of an individual's residence from his country of domicile to some other country. Such a change of country made by an individual is the object of two sets of regulations, originating respectively in the country left by the migrant and in that to which he proceeds. For the former country the phenomenon falls under the heading of "emigration", for the country of destination it is "immigration". It is true that the former country is mainly concerned with the initial phase of the movement, namely, the departure, while the country PREFACE VII of destination regulates the final stage of the movement, that is, the arrival and settlement of the migrant. At the same time, in addition to the common ground of the actual voyage, which is dealt with equally by the legislation of the two countries (and sometimes by that of the transit countries or the country under whose flag the emigrant sails) there are a number of points of contact, sometimes of agreement, sometimes of disagreement, between the two main bodies of legislation governing the lot of the migrant. Having regard to the fact that the emigrant becomes an immigrant, any divergence between the conditions governing emigration and those governing immigration may, if ignored, result in a check to migration. In order to bring out the relation between these two phases, and to facilitate a comparison between emigration and immigration regulations, these regulations have been classified under subject headings and not by country, and every endeavour has been made in compiling the present volume to make the structure of the first and second parts correspond as closely as possible. After a study of the general and introductory subjects (definitions, restrictions on the right to emigrate or immigrate, organisation of migration services), the natural order of sequence of the various phases of migration (supply of information to emigrants, recruitment, preliminaries to the journey, the journey itself, the stay abroad, repatriation) has been strictly followed. A special chapter on the regulations governing the transit of migrants, a matter which concerns third countries, has been added to Volume I. Each of these subjects is dealt with first in a General Introduction, in which an attempt has been made to set forth the diverse standpoints revealed by a comparison of the various national legislative measures. This is followed by a summary of the regulations of the different countries on the subject in question, arranged in the alphabetical order of the countries. Mandated territories, which are subject to an international regime, do not follow the alphabetical order, but are placed at the head of the list of countries, while colonies are classified immediately after the mother country, or in their alphabetical order if the mother country is not mentioned. In the perspective thus obtained, the meaning and importance Vili PREFACE of t h e legislative texts of t h e various States become clearer, as not only m a y the particular points of each t e x t be appreciated, b u t the points of resemblance and difference of texts issued on t h e same subject b y t h e different States m a y be more easily perceived. Besides facilitating comprehension, this comparison of the different texts is useful from three points of view. I t s first and most immediate effect is t o promote the knowledge of divergences which too often result in serious inconveniences for migrants. Philanthropic societies working on behalf of emigrants, which, it is hoped, this volume will aid in their difficult task, need t o be able to grasp easily those points of discord t h e results of which their efforts are intended t o mitigate. Secondly, it is our d u t y to supply a need which is revealed by the requests for information frequently received from Governments and legislators, who, before embarking on the drafting of a new law or the amending of existing regulations, desire to study the legislative measures of other countries on t h e point of law concerned, so as t o base themselves, so far as similarity of conditions permits, on measures already tried by experience. A third purpose, although more remote, cannot be overlooked b y t h e International Labour Office, seeing t h a t the Office was entrusted, first b y the International Emigration Commission which met at Geneva in 1921 and subsequently b y the F o u r t h Session of t h e International Labour Conference, with the co-ordination of national laws dealing with migration in order t o pave the way for future harmony on points where sufficient resemblance would seem to justify such measures. If there is ever t o be uniformity in the legislation of the various nations, or even if practical measures t o minimise the m a n y points of friction are to be evolved, a comparison of texts is t h e indispensable initial step, and this is just w h a t the present volume sets out to accomplish. I n it the reader will find, it is hoped, a convenient means of comparison which, if not wholly exhaustive, a t least contains a larger number of texts t h a n were analysed in t h e first edition and including all t h e more important ones. Every effort has been made in the present edition t o increase the space allotted t o t h e legislation of federal countries a n d colonies. Our investigations in connection with federal countries have been greatly facilitated b y the fact t h a t the federal PREFACK IX Government is often the sole authority competent to regulate migration movements from or to the country in question, although on certain points special provisions may exist with regard to one or more of the component States. As regards the colonies, although it has been impossible to trace in detail the infinite variety of laws, ordinances, and regulations issued by each one, we have endeavoured at least to give a survey of colonial legislation on migration movements by bringing together, where resemblances in the texts permit, the laws and regulations of the colonies belonging to the same State in order to enable instructive comparisons to be drawn in this case also. While omitting purely administrative details in the analysis and translations of texts quoted in the present work, everything has been done to keep as closely as possible to the original texts and to provide the reader with an exact interpretation of the documents examined. Moreover, an exact reference is given in every case to the text quoted or to the different texts which have been combined in a single survey, where, as often happens, their provisions are in agreement. Should, therefore, the reader desire to study any given question in greater detail, he will have no difficulty in finding the original text. While legislation concerning emigration is to be understood only in conjunction with that concerning immigration, a knowledge of the problems involved in both can be complete only if account is taken of international agreements. These agreements are of two kinds and affect the corresponding national laws in various ways. Bilateral treaties concluded directly between the States interested tend to secure on the territory of one of the contracting States the application of the legislation in force in the other, or to guarantee the subjects of the other State the benefits of the legislation applied to nationals, or, again, to create for the emigration and residence of the subjects of the other contracting State different conditions from those affecting subjects of other countries; in the latter case the agreement sets up an exception to the ordinary regulations laid down by the national laws of each of the States. As a result of such an agreement, for example, the ordinary methods of recruitment will no longer X PREFACE apply to emigration from one country to the other or to the subjects of either of the two countries. Multilateral treaties, on the other hand, tend in all cases to unify national legislative measures, or at least to create a common ground for the application of regulations drawn up in common. If all nations of the world were to adhere to them, they would automatically abolish all national differences on the points covered and constitute a universal law. The promotion of such treaties represents the effort of co-ordination referred to above, a work which is specially entrusted to the League of Nations and the International Labour Office, but which has sometimes been accomplished, and can still be accomplished, by direct agreements between States. So far as the regulation of migration movements is.concerned, the establishment of an international law is a task of the greatest delicacy and one which requires time. Nevertheless, mention will be made in these pages of a number of agreements of this kind which seem of great promise for the future. Preceded by a short description of the forms which these treaties and agreements may take, a systematic analysis by subject is made of them in the third part of this work. This analysis cannot go into great detail; it is meant to show the main types of international agreements concluded on each subject rather than to be a complete description of the individual treaties. Here, again, it will be an easy matter to perceive the connection between the national laws and the treaties, and to complete the study of the questions in one part of the volume by reference to corresponding passages in other parts. Moreover, frequent references are given to bring out these points of relation and enable the reader to make the necessary comparisons. Although the plan of classification by subject-matter facilitates a comprehension of each separate question, it has the disadvantage of dividing up and separating the regulations laid down and the agreements concluded by each country. To counteract this and, where necessary, to allow of a rapid comparison of the laws, regulations, and agreements in force in the same country, a geographical index is appended to the volume, references being given to the chapters, paragraphs, and pages in which each country is mentioned. PREFACE XI In this work, the dimensions of which necessitated a certain period of preparation, documents of later date than 1 January 1927 are not included. The amendments which are continually being made in legislation relating to migration render it idle to hope that the volume will be wholly up-to-date when it is published. Laws and treaties of capital importance which may appear in the interval between the two dates will be given in an addendum. The Monthly Record of Migration and the Legislative Series of the International Labour Office will continue as heretofore to supplement and keep up-to-date this work, which is intended to be less a practical, complete, and exact collection of legislative texts than a composite survey of questions regarding migration and an aid to the study of those questions. The Office is moreover fully aware that in the study of the thousands of texts which have had to be consulted in the preparation of this volume, and of which many had never hitherto been translated, a certain number of omissions and mistakes may have occurred. It will therefore be glad to receive any communications on this subject likely to be of use in improving the information at its disposal. * * * The work which appears to-day is a book of reference, which will have more attraction for the worker in search of reliable information than for the reader greedy for interesting literature. Nevertheless, the attentive and methodical reader, for whose special benefit the introductory remarks to each chapter have been composed, will be able to obtain an exact idea of the presentday regulation of migration movements, and. to find food for reflection therein. If he compares the present edition with its predecessor, he will see that the number of countries which have adopted systematic laws on migration has, as has been stated already, greatly increased since 1921. If he takes the trouble to read the new laws and to study their structure, he cannot fail to see that as a general rule they are much more precise and far-reaching than the earlier ones. Mention may be made, for example, of the amendments introduced in the legislation of the United States since 1922. Scarcely XII PREFACE less important also are the changes made in the Italian laws and the French regulations, while in Spain, Poland, Austria, and Germany, not to mention Cuba, Brazil, and Argentina, fundamental changes have taken place. Attention must also be drawn to the introduction of legislation based on co-operation between the different parts of the British Empire, which has given an impetus to oversea settlement. The observant reader will be struck not only by the volume of new legislation but by its tenor. He will notice that the laws of the immigration countries are less favourable for migrants than previously. The United States legislation is the most typical example of this, and is far from being an isolated case. The Laws of certain British Dominions, which are liberal for subjects of the British Empire, are much stricter regarding the immigration of nationals of other countries. Even in the legislation of the Latin-American States most favourably inclined towards immigrants, there are to be found a certain number of measures which provide for a more careful selection of emigrants than was the case five years ago. Latterly, the legislation of France has undergone certain modifications, which had the effect of completely closing the frontiers at the beginning of 1927, and of reopening them later on only with the greatest prudence. The growth of legislative provisions, based on ethnical considerations, and resulting in the complete or partial exclusion of certain peoples judged to be undesirable or unsuitable, is also particularly worthy of note. On the other hand, similar amendments have been introduced in the legislation of the emigration countries. Formerly, legislation was scarce in these countries, and generally aimed merely at protecting the emigrant. Nowadays, however, the main object of the laws is to convert the free and spontaneous emigration of individuals into a collective movement under the control of the State. Modern legislation tends to put a value on the emigrant in the interests of his country, to train him to accomplish his social duties, and to convert emigration into a sort of colonisation movement in favour of the homeland. The recent evolution of Italy—which exercises strict control over the emigration of its nationals, and only allows them to leave when they are in possession of a recognised contract of employment and have definite chances of succeeding both from a personal PREFACE XIII and a national point of view—is typical of the change which is taking place. The methods of regulation employed by that country are of too recent date to have been completely embodied in legislative texts, and cannot therefore be fully set forth in the present work. The attitude adopted by Italy is not peculiar to that country, but is being followed to a certain extent by many of the emigration countries, which are becoming ever more averse to allowing their nationals to leave the country in a casual fashion and to lose their nationality uselessly. On the one hand, there is the desire to protect the individual; on the other, the need for national expansion. The reader who desires to use the information impartially set forth in these pages and the texts of existing laws to trace the growth of the main principles at present guiding the world, will be particularly struck by the fact that these texts, so opposed at first sight, are really based on common or at least very similar conceptions, which have come into full play only since the war. In both emigration and immigration countries there is a distinct tendency to subordinate considerations of a private nature to the interests of society and the State. Less attention has been given to the interest which an individual may have in entering or leaving a country, than to the dominant interests of the State and the general public. Hence, persons who, in the opinion of the State, ought to remain in the country on account of their culture, influence, ideas, and training, are no longer in a position to proceed abroad without great difficulty. Although their departure is not formally prohibited, so many conditions and formalities are attached to the emigration of persons of value to the country, that they often give up the idea. The only persons who may leave the country without hindrance are those who promise to conduct themselves as good and faithful citizens when abroad, and who are prepared to return with all their possessions at the first call of their country. On the other hand, admittance is granted only to those who are obvious assets to the country accepting them, who are prepared to be assimilated and become citizens, and who do not prejudice in any way the maintenance of the national standard of life. In the presence of the vast interests thus put in motion, what consideration is likely to be given to the microscopic and XIV PKEFACE personal interest which an individual may have in emigrating or immigrating? The abstract principle of the right to emigrate and immigrate, in support of which great efforts were made during the nineteenth century and which seemed at a certain moment likely to be upheld by legislation, has been rudely shaken during latter years. Nowadays protection seems, in the interests of society, to be preferable to liberty. Thus it is that, starting with the same inclination to subject private initiative to the requirements of society and the State, the two groups of countries often evolve opposing measures, from which migration, formerly spontaneous, suffers. This is undoubtedly the reason for the decrease in the volume of migration currents, a decrease which was already considerable when the first edition appeared, and which has become still more marked during the last few years. In addition to the growth of these social ideas—based on the same initial principles but leading to such opposing conclusions in the different countries—the reader will also perceive a distinct movement towards dealing with migration questions internationally. Thus, under the auspices of the International Labour Organisation, many Conventions have already been adopted in favour of the migrant, considered more as an individual than as a citizen of a given country. Summaries of a large number of these agreements are to be found in Volume I I I of the present work. I t will be observed that these international Conventions, numerous as they are, as yet affect only subsidiary migration questions, and that no really controversial problems have so far formed the subject of any decisive international study. At the same time, the interest in such questions is growing apace, and the frequency of international action is such as to justify the hope that the day is not far distant when the fundamental principles affecting the migration of the human race will be discussed by assemblies imbued with a desire to find means to settle questions so important for the future of humanity and civilisation. Forestalling the holding of such international conferences, mutual interests often result even nowadays in drawing together the emigration and immigration countries with a view to the conclusion of agreements. It will be seen that during the last PREFACE XV four years treaties have been negotiated between a large number of neighbouring States to regulate the collective and temporary emigration of labourers. I n these instances the desire of the emigration countries to preserve the allegiance of their nationals employed abroad and t o guarantee the ultimate return of their migrant population, enriched with the fruits of their toil, has coincided with the interest which the immigration countries have had in obtaining the workers momentarily necessary for their economic welfare, without permanently encumbering their national labour markets by the admission of large numbers of foreign workers for an unlimited period. Thus the two groups of countries were able without undue difficulty to come t o terms regarding the encouragement of this form of collective and temporary emigration of labourers, a phenomenon which, it should be added, has latterly acquired considerable importance throughout the world, particularly in Europe, Asia, and Africa. This policy, which originally sprang from special agreements concerning labour migration concluded between neighbouring States, has in recent times been adopted between widely-separated countries for the encouragement of colonisation schemes. Treaties of this sort are t h e characteristic feature of the presentday international regulation of migration questions. I t may be t h a t herein lies the surest way of satisfying the desires of all parties, if not, perhaps, the only really adequate means of avoiding the clash of opposing opinions which, failing a preliminary agreement, can only result in limiting the action of the States concerned without accomplishing any useful purpose outside their national frontiers. Apart from actual treaties, and as a manifestation of the general tendencies of emigration policy, the reader will attach real importance t o the meetings of general migration congresses through which Governments endeavour to arrive a t common guiding principles for themselves and public opinion. Five years have already elapsed since the representatives of the emigration and immigration countries held two separate conferences where each group tried to lay the foundation of their respective policies. Since then the Emigration and Immigration Conference of Rome has drawn u p a number of fundamental principles which have been endorsed by the majority of the countries represented, t h a t is to say, of the whole world. A second conference will shortly XVI PREFACE be held at Havana for the special purpose of investigating the possibilities of passing from discussion to action. To facilitate this practical effort, the preparation of documentary material is essential. Realising that one of the difficulties militating against the conclusion of satisfactory treaties lies in the want of co-ordination of existing laws, the Rome Conference expressed the hope that the emigration and immigration countries would agree as to the desirability of publishing a systematic collection of the existing laws and regulations respecting migration and the legal status of foreign workers. The present volume may contribute to the satisfaction of the desire thus expressed by placing at the disposal of Governments, legislators and men of action, documents which will help them to understand the requirements of national legislation and to decide whether it is necessary to legislate, either jointly or separately, on migration questions, which daily acquire increased importance as a factor in the vast economic problems at present confronting the world. CONTENTS PAGE PREFACE v CHAPTER I : Emigration Legislation i n General 1 CHAPTER II : Definition of an Emigrant § 1. Definitions of Various Terms Used The Legal Definitions of a n Emigrant § 2. Emigration Statistics CHAPTER III : The Right to Emigrate and Restrictions on this Right 7 7 9 22 32 § 1. The Various Legislative Restrictions (a) Prohibition of Emigration in General, or of Emigration to Certain Countries, and Need for an Individual Permit (b) Absence of Identity Papers or Other Documents (c) Conditions of a Moral Nature; Legal Proceedings (d) Military Service (e) Obligations towards the State, Society, or Family (f) Legal Minority (g) Sex (h) Old Age and Invalidity (i) Sickness (j) Lack of Resources either on Arrival or on Departure . . (k) Occupation of Emigrants (I) Correlation of Emigration and Immigration Laws (m) Collective Emigration (n) Receipt of an Advance for the Expenses of the Journey. (o) Prohibitions on Economic Grounds (p) Occasional Suspension 34 35 39 40 42 46 49 55 62 63 65 69 70 73 73 75 75 § 2. Passports, Visas, and Identity Cards § 3. Exceptional Measures : Individual Exemptions and Prohibitions § 4. Legislation relating to Clandestine Emigration § 5. Special Legislation relating to Seamen Engagement and Finding Employment Seamen Remaining in a Foreign Country 79 90 93 100 100 102 la CONTENTS XVIII PAGE CHAPTER IV : Emigration Services § 1. Official Departments § 2. Private Societies and Their Relations with the Official Departments CHAPTER V : Preliminary Assistance of the Emigrant § 1. The Supply of Information § 2. Training of Emigrants 108 108 129 137 137 144 CHAPTER VI : Recruiting and Placing in Employment Abroad 148 § 1. Special Regulations concerning Recruiting Agents (a) Prohibition of Recruiting and Special Authorisations . . (b) The Conditions for Obtaining an Authorisation (c) Fees and Security (d) Regulations concerning the Staff of Recruiting Agencies. (e) Remuneration of the Recruiting Agents and Sub- Agents. (f) Control of the Propaganda and Activities of Recruiting Agents (g) Procedure and Penalties 150 152 154 163 167 169 170 172 § § § § 173 182 184 187 2. 3. 4. 5. Emigration and Labour Contracts Recruiting for Land Settlement Placing in Employment Abroad Assisted Emigration I CHAPTER VII : Conclusion of the Transport Contract § 1. Heads of Transport Undertakings and Their Agents (a) The Necessity for a Licence (b) Conditions which must be Fulfilled before a Licence can be Obtained (c) Deposits, Licences, and Fees (d) Management of Transport Undertakings (Agents and Sub-Agents) (e) Remuneration of the Employees of Transport Undertakings § 2. Regulations concerning the Cost of Transport (a) The Fixing of the Cost of Transport (b) Posting Up the Cost of Transport (c) Prohibition of Additional Charges (d) Prohibition of Methods of Payment whereby the Liberty of the Emigrant might be Restricted (e) Regulations concerning the Sale of Supplementary Tickets and Through Tickets § 3. The Contract (a) Need for a Written Contract 193 194 195 196 203 208 215 215 216 218 219 221 222 224 224 CONTENTS XIX PAGE (b) Compulsory Clauses (c) Cancelling Contracts and Payment of Compensation.. (1) Withdrawal in Cases of Force Majeure and Fortuitous Circumstances (2) Withdrawal Due to the Fault of the Transport Agent (3) Withdrawal a t the Desire of the Emigrant (d) Delay in the Execution of Contracts and Interruption of or Failure to Complete the Journey 227 232 § 4. Various Additional Regulations (a) Prohibition of Propaganda in Favour of Emigration . . . (b) Regulations concerning Banking Operations (c) Prohibition of the Transport of Persons whose Emigration or Immigration is Prohibited (d) Inspection of Books and Documents (e) Legal Procedure. Competent Authorities (f) The Posting U p of Legal Provisions concerning Emigration 245 245 248 CHAPTER VIII : T h e D e p a r t u r e of E m i g r a n t s § 1. Prescribed Routes for Emigration § 2. Health Measures, and Hygienic Conditions for the Accommodation of Emigrants a t Ports and Frontier Stations . . . § 3. Disinfection § 4. Examination on Departure § 5. Other Protective Enactments § 6. Communication of Lists of Emigrants § 7. Exit Taxes CHAPTER I X : T h e T r a n s p o r t of E m i g r a n t s 232 236 237 238 249 252 254 257 259 259 263 267 267 272 274 278 280 § 1. Regulation of Transport by Sea (a) Emigrant Ships (b) Protection of Emigrants during the Voyage 280 281 294 § 2. Regulation of Land Transport § 3. Insurance of Emigrants against Travelling Risks (a) Insurance of Emigrants against Accidents (b) Loss of Luggage or Money Entrusted to the Company. . (c) Medical Attention (d) Cases of Fortuitous Death 307 309 309 313 315 316 § 4. Direct Transport 316 CHAPTER X : R e p a t r i a t i o n of E m i g r a n t s § 1. Refusal a t the Point of Departure § 2. Rejection on Arrival a t Destination § 3. Repatriation on Fulfilment of Labour Contracts 318 318 322 324 XX CONTENTS PAGE § 4. Extradition and Compulsory Repatriation § 5. Voluntary Repatriation (Free Tickets or Tickets at HalfPrice) § 6. Advantages Granted to Returned Emigrants 330 335 CHAPTER X I : Protection of Emigrants by Their National Authorities 338 § 1. Duties of Diplomatic and Consular Agents § 2. Emigration Agents and Similar Officials § 3. National Societies and Institutions CHAPTER XII : Special Regulations concerning Emigration 329 339 344 347 Continental CHAPTER XIII : Migrants i n Transit 350 358 APPENDIX List of the Most Important Legislative Texts relating to Migration.. 369 SUPPLEMENTS I. New Polish Legislation II. Spain : Royal Decree Restricting Emigration 395 402 CHAPTER I EMIGRATION LEGISLATION IN GENERAL If a retrospective study be made of the migration movement, the earliest form of this phenomenon is found to be emigration in the strict sense of the word. I t is therefore this form t h a t has been selected t o open our study of the question, which is developed in the logical order of its various phases. I n this Volume of our work, which is devoted to national emigration laws, a study is made in the first place of the measures adopted to regulate or restrict the right to emigrate. This is followed by a brief description of the organisation of services for the protection and supervision of emigrants. Then, accompanying the emigrant through t h e various preliminaries to the voyage, our study goes on to survey the measures taken t o provide the emigrant with the necessary information, the legislation governing the recruitment of workers for abroad and t h a t which protects the emigrant against possible victimisation by shipping agencies, embarkation formalities and provisions adopted t o secure hygienic and comfortable quarters for emigrants at concentration centres, regulations laid down concerning the transport of the emigrant, steps taken to facilitate his return to his native land; and the supervision exercised over him during his stay abroad. The two chapters which conclude Volume I deal with rather special subjects and therefore do not fall exactly within the general plan adopted. These chapters are devoted respectively to the regulations concerning continental emigration and emigrants in transit. At the outset it may be observed that legislation concerning emigration is abundant and extremely varied. I t is drafted to meet a variety of requirements and is consequently liable to 2 2 EMIGRATION LEGISLATION IN GENERAL constant modifications which coincide in each country with changes in moral and economic conditions and fluctuations in home and foreign policy. While it is undeniable that emigration laws have a certain influence, positive or negative, on the expansion of a people beyond its frontiers, there are other complex factors which react in this respect on the mentality of a people and the attitude of the Governments. As, moreover, there is a distinct relation between the volume of the movement itself and the development of measures for its regulation, it follows that the factors which influence the movement also have an indirect effect on the corresponding legislation, and it is therefore of considerable importance to define these factors. It may be said that as a rule emigration springs from a feeling of dissatisfaction. A people contented with its native land shows little desire to leave it, and among such peoples emigration laws are non-existent. Let, however, a cause of unrest, physical or mental, arise and emigration makes its appearance. The emigrant is a non-conformist who goes to a chosen land to escape hardships encountered in his native country, whether the nature of these be religious, political, or economic. As regards the economic causes of emigration, the importance of which is nowadays predominant, and which come more particularly within the scope of the present study, it may be said that emigration is most often the consequence of a disproportion between the density of population and the vital resources of a country (agricultural resources, industrial prosperity, etc.). At the same time it should be observed that it is neither the most indigent peoples nor the poorest elements of a given nation who are led to emigrate by the hardships surrounding them. The desire to better one's lot by going abroad, which requires a certain amount of energy and initiative, generally arises among those who are gifted with enough imagination to believe in a brighter future and who possess sufficient confidence in themselves to hope to realise their plans, in spite of the bitterness of exile and relinquishment of present resources which, however inadequate, have nevertheless the merit of being real. Thus it is that emigrants are not recruited from the assisted poor unless emigration happens to be a form of relief offered them, or, as in former times, forced upon them. EMIGRATION LEGISLATION IN GENERAL 3 Whatever may be the psychological conditions essential to the growth of emigration, it is absolutely certain that a general tendency among the masses to leave their country in search of improved conditions of existence is invariably accompanied by a profusion of laws and regulations on the subject, for there is hardly a country nowadays which allows important population movements across its frontiers to go unregulated, and, whether the intention be to prevent, to encourage, or simply to supervise these movements, emigration is regulated wherever it occurs. At the same time there are a number of considerations which influence the attitude of Governments and the legislation of nations in a negative or positive sense. As a rule emigration is considered as a debilitating element, the limitation of which is required in the general interest of the nation. Such an opinion naturally leads to the restrictive regulation of emigration and the official organisation of all possible compensatory measures such as the development of colonial expansion, the improved exploitation of the natural resources of the home country, the protection of labour by the prohibition of immigration, etc. Nevertheless, the departure abroad of the surplus population which is unable to find satisfactory living conditions in its native land is considered as an inevitable evil, and Governments do their best to minimise the effects and dangers arising therefrom by exercising strict supervision over those emigrating, by affording them all possible means of protection, and by taking the necessary steps to secure their return at the end of their period of engagement abroad or to facilitate their definite settlement abroad in favourable conditions. Emigration, however, may also be regarded as a useful medium for the development of national power. To quote some examples of this, emigration countries may exchange their excess labour for the grant of certain privileges; savings sent by emigrants to their native country are a source of wealth for that country; the consumption of national products to which emigrants remain faithful make these products known abroad and favour export trade; emigration may become the means of extending national influence, provided that a Government is able to choose its emigration field and maintain close contact between the homeland ' and its nationals resident abroad. Such a conception of 4 EMIGRATION LEGISLATION IN GENERAL emigration is accompanied by the development of auxiliary emigration services and general organisation calculated to invest the Government with complete control of the phenomenon and to give it the power t o sanction the departure only of those emigrants who are best adapted for the purpose to countries where their settlement appears most likely to favour the ends pursued. Again, when emigrants are recruited from among the more heterogeneous elements of the population of a country (ethnical or religious minorities, refugees whose presence is due t o a catastrophe, etc.), their transfer abroad is sometimes considered as a suitable means of getting rid of them, in which case the State is careful not to raise any objections. Nor is it by any means rare for Governments to adopt a policy which combines these different standpoints, and, while endeavouring to restrict emigration and abolish its causes, to t r y to utilise for national purposes emigrant streams which they are powerless to stem. Moreover, conflicting currents of public opinion arise which have their reaction on emigration laws, and it often happens t h a t the entire emigration policy of a country is completely reversed. Public opinion is slowly prepared and then the change takes place. The failure of one system leads t o the sudden adoption of an opposite system. Further, the close connection between the regulation of emigration and the general policy of States m a y also cause or aid such changes, as new conceptions in the former sometimes have a great influence on the aims of the latter. There are even tendencies in public opinion to convert emigration problems into political questions. Since the war, the peoples have become accustomed to seeing Governments, in the interests of national organisation, interfere to a much greater extent t h a n before in the activities of private individuals, and also exercise a stricter control over frontiers ; as a result the peoples are inclined nowadays t o expect the State to deal with any difficulties which may arise in connection with the settlement of its nationals abroad. Sometimes, they even express impatience at the check imposed b y prudence on the hasty conduct by Governments of diplomatic negotiations on such questions. There is, therefore, a distinct and ever-increasing tendency to EMIGRATION LEGISLATION IN GENERAL 5 abolish the right hitherto granted to the individual to emigrate, and to recognise the State's right to control its population movements, with all the consequences which ensue from the interdependence of political and migration questions thus implied. I t should be added t h a t political and economic changes in immigration countries have a reaction in emigration countries where they lead to the amendment of the legislation and even influence the general evolution of emigration policy. Indeed the restrictions imposed on the right to emigrate are partially based on the regulations adopted in the countries of destination ; in some cases these restrictions are intended to prevent the rejection by the country of immigration of migrants who are considered as undesirables, and where measures of prohibition affecting the nationals of any given country become general in the immigration countries, the economic policy of t h a t State may in consequence undergo complete modification. A number of the regulations adopted in the emigration countries also aim at forming the annual quota admitted to the United States on a basis of equity and justice. Repercussions may also be felt in the opposite direction, and the adoption of a new emigration policy by a State m a y easily result in the modification of the immigration laws of those countries which generally receive the nationals of t h a t State. Moreover, the efforts made t o adapt the legislation concerning emigration to legislation concerning immigration cannot conceivably result in the perfect organisation of emigration, as the scope of all national regulations is of necessity restricted t o the country issuing them, whereas migration by its very nature, extends beyond these limits. An entire phase of the phenomenon thus escapes the influence of the country of origin and takes place outside its frontiers where official action becomes impossible. Hence it is t h a t strict regulations tend to cause a correspondingly large volume of clandestine emigration and t h a t unauthorised emigrants, sometimes in large numbers, are able to reach the frontiers of the immigration countries without the permission of the authorities of their country. Indirect emigration, although perfectly legal, gives similar results, and nationals of a given country who emigrate from a foreign country, to which they have gone some time previously, also remain outside the scope 6 EMIGRATION LEGISLATION IN GENERAL of the laws of their country, whether these circumstances be due to chance or a carefully thought out plan. In addition to being incomplete from a purely restrictive point of view, national emigration laws can hardly fill other than a passive rôle; in any case, they are inadequate as measures for the definite organisation of the international phenomenon which they propose to regulate. Besides being powerless in all cases to stop those of its nationals that it might desire to prevent from reaching the countries of immigration, an emigration country can no more take steps to compel the reception of those which it desires to see received than it can guarantee efficient protection for its emigrants abroad without the consent, expressed or implied, of the other countries concerned. All measures taken by one State in connection with nationals who have left its territory must invariably encounter the rights of other States, supreme in their own territories. A solution of these difficulties can be found in international conventions and treaties, which are at present increasing rapidly. DEFINITIONS OF VARIOUS TERMS USED 7 CHAPTER II D E F I N I T I O N OF A N E M I G R A N T § 1.—Definitions of Various T e r m s U s e d It is always a matter of great importance to define carefully any terms used in a book, b u t it is more important than usual in a work dealing with migration, because in this field the very fact of examining the problem from an international point of view imposes on us a new terminology. I n the first place reference may be made to the word "emigrant" and its derivatives "emigrate" and "emigration". The word "emigrant" is used to mean any person (considered from the point of view of the country from which he migrates) who leaves a country t o reside, either temporarily or permanently, in another country. I t includes both citizens or subjects of the country of emigration and aliens who have resided there for some time. I t may be noted t h a t the laws of certain countries make a distinction between these two kinds of emigrants, and thus it becomes necessary to subdivide emigrants into citizens or nationals on the one hand and aliens on the other. The corresponding term "immigrant" and its derivatives are used to denote the same person when considered from the point of view of the country t o which he goes. As far as possible the use of this term is confined in this book to aliens, although it should be pointed out t h a t the statistics of certain countries refer to emigrants who return to their native country as "national immigrants"; it is thought, however, t h a t a better expression for such persons is "returning migrants" (see below). W h a t term can be used for the emigrant-immigrant when considered, not from the point of view of the country of emigration 8 DEFINITION OF AN EMIGRANT or of immigration, b u t from the international point of view? The only word possible in the circumstances is the word "migrant". Undoubtedly this word has come t o be used in everyday language for movements of people within the limits of a particular country or state. On the other hand, the Oxford Dictionary allows the use of the word migrant t o mean " a person who migrates", t h a t is who "leaves one country to settle in another". In this book, the word "migrant" and its derivatives will be used with the same meaning as "emigrant" and "immigrant", considered from an international point of view. I t should be noted, however, t h a t the use of the expressions "oversea settlement" and "oversea settlers" in certain cases t o mean migration and migrants respectively within the British Empire is, of course, respected. A migrant, however, may pass through one or more countries of transit between the time of leaving his country of origin and the time of arrival in the country of immigration. Considered from the point of view of these countries, he may be called either a migrant in transit or a "trans-migrant". I t is true t h a t in Great Britain the term transmigrant has a technical meaning in virtue of the Aliens Order, 1920; b u t t h a t need not deter us from using the word "trans-migrant" in this book t o denote any migrant in transit. Persons who have already migrated and are resident in a new country are described as "nationals resident abroad" or "resident aliens", according to circumstances. Another difficulty confronts us when we come t o the migrant who returns to his own country. I n some countries the word "re-emigrant" is used; in others (more commonly) the t e r m "repatriated person". I t is thought, however, t h a t the most suitable English expression is "returning migrant". On the other hand the substantive "repatriation", although it has in recent years come t o have a rather narrow meaning which would exclude the purely voluntary movement of returning migrants, can nevertheless be quite legitimately used with this wider meaning. The Oxford Dictionary, for instance, defines repatriation as "return or restoration t o one's own country", and in this sense it is used in this book. One or two other words may be referred to in this connection. The expression "settler" (apart from its special use in t h e British DEFINITIONS OF VARIOUS TERMS USED 9 Empire) or "land settler" is used to denote a person who takes u p land with a view t o developing it on his own account, and settlers may be not only immigrants b u t nationals, so t h a t it is necessary to speak of alien settlers, national settlers, and in some cases of colonial settlers. "Refugees" are persons who have been forced to leave their home for political or other reasons. This word is generally used to denote persons who take refuge in a foreign country (Russian refugees, for example), b u t it is sometimes used for persons who have been driven by a catastrophe t o some other part of the same country (Greek refugees). I n either case the word is used for individuals who have not yet established themselves definitely in the new country or place. Finally, it m a y be noted t h a t migration is something quite distinct from a simple journey undertaken for purposes of business or pleasure. The terms "migrant", "emigrant", "immigrant", and "trans-migrant" are used precisely in order to distinguish from ordinary travellers those persons to whom the laws and regulations relating t o migration apply. The next point to be considered is the legal definition of an emigrant, a far more difficult thing than the definition of terms. T H E L E G A L D E F I N I T I O N S OF AN E M I G R A N T Although the common aim of the various definitions given to the term "emigrant" is to distinguish the emigrant from the ordinary traveller, these definitions vary to a very considerable extent. The reason for this is that, contrary to what might reasonably be expected, it is not so much a question for the different countries to establish a logical definition of thf emigrant as to determine in a practical manner the classes of person t o which the emigration laws and regulations, or certain parts of them, should apply. According to the aims pursued by the emigration legislation of each State, it becomes necessary t o exclude or include various classes of persons in the definition. Hence it is that, apart from essential conditions, such as leaving one country to settle to another, the definitions are also based on a number of secondary factors which differ according to the special requirements of a given country. 10 DEFINITION OF AN EMIGRANT As all definitions adopted aim at meeting practical requirements, there may easily be several different varieties in each country. The legislation governing emigration has to adapt itself to various circumstances. For example, oversea emigration embodies totally different conditions from overland emigration, and it is only natural that the legislator, when considering transport by sea, should include in his definition certain conditions which do not hold in other cases. The same may be said concerning the special regulations in connection with the recruiting of workers, passports, etc. Nevertheless, the term "emigrant" is not explicitly defined by each law and regulation which ought, in fact, to definite it. Therefore, the definitions for each country which are given below are far from exhausting the varieties of definition which might arise. As, however, the substance of each definition depends on the purpose aimed at, the source will be indicated in each case as this explains to a large extent its contents and meaning 1 . Austria—for which we have included a definition of a practical character reproduced from regulations governing the transport of emigrants, as well as a statistical definition and a logical definition, given in reply to the two Questionnaires addressed to the Governments by the International Labour Office concerning the definition of an emigrant—offers a striking example of the possible variation in these definitions and of the factors which may in a given case influence their composition. The secondary factors which, in addition to the fundamental fact leaving one country to settle in another most frequently enter into the definition of the term "emigrant" are as follows : (1) An intention to seek or obtain employment abroad (mandated territories of Syria and Lebanon, the British colonies of Mauritius and the Straits Settlements, Czechoslovakia, China, Finland, the French colony of Martinique, Greece [1925 definition], Haiti, Hungary, India, Italy, Japan and Korea, Latvia, Mexico, Poland, Rumania, Serb-Croat-Slovene Kingdom, Spain, Switzerland, and Uruguay). Sometimes the nature of the employment is specified, manual labour or small scale commerce being 1 In exceptional cases the object of the law is given along with the date. In the rest of the work references are given in abridged form and merely show the date and numerical order where such exists. To obtain the full title of the texts used, reference should be made to the list of legislative texts appended to each part of the volume. DEFINITIONS OF VARIOUS TERMS USED 11 a condition in Italy, J a p a n , Poland, Rumania, and the Serb-Croat-Slovene Kingdom. (2) An intention to settle abroad permanently (Australia, Estonia, France [1921 definition], Morocco, Sweden, and Uruguay); for other countries the duration of settlement must be fairly long, a t least one year (Austria, Canada, Czechoslovakia, Finland, Germany, Great Britain and Malta, Hungary, Irish Free State, Latvia, Mexico, Rumania, Switzerland, and t h e United States). (3) Transport conditions. I n certain countries (Belgium, Czechoslovakia, Great Britain, Hongkong, France, Greece [1920 Act], Haiti, Norway, Portugal, and Spain) only persons who travel in a particular class on ships and railways or whose fare does not exceed a certain maximum are considered as emigrants, while in others (Belgium [1924 regulations], Denmark, India, and Hongkong) the journey must be accomplished by sea. (4) The country to which the emigrants go. Certain countries consider as emigrants only those going to distant lands, especially those who must accomplish a sea voyage or a voyage requiring a certain amount of timé (Belgium, Denmark, Finland [1921], Greece, Great Britain, Hongkong, Irish Free State, Rumania, Serb-Croat-Slovene Kingdom, Sweden, and Switzerland). (5) Conditions regarding nationality and domicile. I n a number of countries (Austria, France and Martinique, Haiti, Italy, Luxemburg, Portugal, Poland, Rumania, Serb-CroatSlovene Kingdom, Spain, Sweden, and Uruguay) only citizens leaving their native country are considered as emigrants. Sometimes a certain period of residence is necessary for this purpose (the Irish Free State and Malta). (6) The existence of a special emigration, transport or labour contract is required in certain countries (Denmark, Haiti, Latvia, Mexico, and Switzerland). (7) Members of the family of the emigrant, i.e. of a person fulfilling the general conditions, are often considered as emigrants, whether they actually accompany the emigrant or merely go t o join him abroad (mandated territories of Syria and Lebanon, Austria, Czechoslovakia, French colony of Martinique, Finland, Italy, J a p a n and Korea, Poland, Rumania, Serb-CroatSlovene Kingdom, and Spain). I n other countries, however, the term "emigrant" does not extend t o the members of an 12 DEFINITION OF AN EMIGRANT emigrant's family who leave to join him abroad (Mauritius and India). (8) Conditions respecting sex and age sometimes cause certain classes of persons t o be included as emigrants (Portugal) or, on the other hand, to be excluded from the scope of the definition (China). (9) Finally, certain exceptions are sometimes made regarding the application of the definition : when the interpretation adopted is rather elastic, it frequently happens t h a t legislative texts mention special classes of persons who may not be considered as emigrants (Czechoslovakia, Malta, Mauritius, India, and Rumania) or who may have the right to choose whether they shall be considered as emigrants or granted exemption from the emigration laws (Spain). I t would be a simple matter to give various shades of meaning used in connection with these conditions but the reader will be able to grasp these by comparing the various definitions given below. I t would also be worth his while to compare the definitions given later in this chapter with those contained in Chapter I I of Volume I I , for it should not be forgotten t h a t the definitions of an emigrant and those of an immigrant refer, in reality, to one and the same person, the migrant. On comparing these definitions it will be easily understood that such a diversity, accompanied as it often is by important divergencies, has great inconveniences, and t h a t a growing need is felt for efforts likely to lead to uniformity of definition. I n Volume I I I , Chapter I I , § 2, a description is given of t h e attempts already made in this connection. FRENCH MANDATED TERRITORY : Syria and Lebanon 1.— According to Order 2975 of 4 December 1924 regulating emigration, an emigrant is defined as "any inhabitant of Syria and Lebanon who leaves his country for the purpose of seeking work, or who accompanies, or goes to join, husband or wife, relatives in the ascending or descending line, brothers or sisters, uncles or aunts, nephews or nieces, or their husbands or wives who have already emigrated for the same purpose, and any such inhabitant of Syria and Lebanon who returns in the same circumstances to a country to which he has previously emigrated". AUSTRALIA.—The Australian Government, in its reply to the Questionnaire of 1921 2, defines an emigrant as "any person leaving Australia 1 The order of classification adopted is explained in the Preface. For the sake of brevity, the Questionnaire despatched to the Governments by the International Labour Office, in connection with the International Emigration Commission 2 DEFINITIONS OF VARIOUS TERMS USED 13 permanently", and in its reply to the Questionnaire of 1925 as "any person proceeding to a foreign country with a view to settling permanently therein". AUSTRIA.—The Regulations of 27 June 1921 on transport companies, known under the name of Regulativ, state that for the purpose of the provisions contained therein, the term "emigrant" shall be taken to mean passengers travelling steerage, third class, or any class considered as equivalent in the opinion of the Austrian authorities, on vessels other than those engaged in local or coastal traffic (section 1). At the same time, the Austrian Government does not consider this criterion as an actual definition, for in its reply to the 1921 and 1925 Questionnaires it stated that, in the absence of legal definition, it considered that ' ' an emigrant should be considered as any person who leaves his country to settle permanently in another country, or who, with or without this object, goes with the intention of looking for work, as also the members of his family who accompany or follow him". On the other hand, Austrian statistics consider as emigrants any person who leaves Austria to establish himself abroad or to seek work, even when the intention of remaining abroad for a long period is not expressed. (Communication of the Austrian Chancellerv to the International Labour Office, 6 May 1924.) BELGIUM.—The Act of 14 December 1876 defines a n emigrant as a passenger who pays a sum of less than 50 francs per week for his passage. These Act does "not apply to persons who take their meals at the captain's or officers' table on board. I n case of doubt, the Maritime Commissioner has to decide the point. The Royal Order of 25 February 1924 respecting the transport of emigrants by sea defines an emigrant (section 13), as " a person who leaves his country in order to settle in an oversea country, provided he does not travel first class. Nevertheless, only steerage passengers embarked at rates lower t h a n cabin rates shall be considered as emigrants for the purposes of the provisions of the present Order relating to equipment of emigrant ships". CANADA.—The Canadian Government, in its reply to the Questionnaire of 1921, stated : "An emigrant from Canada is one who leaves that Dominion with the intention of remaining permanently outside the same". CHINA.—The Act of 21 April 1918 and subsequent Regulations apply to "emigrant workers", and an emigrant worker is defined as any Chinese citizen aged from 20 to 40 years who goes abroad to seek work. CZECHOSLOVAKIA.—The Emigration Act of 15 February 1922 gives the following definition : "for the purposes of this Act an emigrant shall mean any person who repairs from the territory of the Czechoslovak Republic to another country, either in order to earn his living there or with intent not to return, and likewise any member of his family who accompanies or follows him. Emigration as such shall not entail the loss of nationality. Steerage passengers or passengers on board ship travelling in a class equivalent to steerage shall be deemed t o be emigrants, unless it is evident from the circumstances t h a t they are repairing to a foreign country for some other purpose than that mentioned above." The and lor the preparation ot the first edition ol the present work, is referred to as the "Questionnaire ol 1921", and that issued in connection with the preparation ot the Draft Convention concerning the simplification of the inspection ol emigrants on board, ship (question 2 of which deals with the term "emigrant" ana "emigrant ship") as the "Questionnaire of 1925". 14 DEFINITION OF AN EMIGRANT Administrative Regulations No. 170 of the Emigration Act (8 J u n e 1922) confer greater exactitude on the definition given to the term "emigrant" by insisting on the intention of going abroad to earn a living with the intention of never returning, and by excluding from the term "emigrant" all persons going abroad for the purpose of study, pleasure, or business, or on a theatrical tour, or in connection with public or private affairs, such as press correspondents, commercial travellers, etc., or on an order from their employer, even when the journey is undertaken with a view t o profit. For statistical purposes an emigrant is defined as " a person who goes abroad to attempt to earn his living or to settle there permanently". DENMARK.—The Act of 1 May 1868 on the transport of emigrants and the laws which complete it do not contain any definition of the term "emigrant". An emigrant, in the official Danish statistics of emigration, is, according to the reply of the Danish Government to the Questionnaire of 1921, a person "who, through an emigration agent authorised by the State, makes a contract in Denmark providing for his journey to an oversea country, i.e. a country outside Europe. As a rule, all such persons, and consequently also pleasure trippers and commercial travellers, are in the Danish statistics to be p u t down as emigrants". ESTONIA.—In the absence of any legal definition, it may be mentioned that, for the purpose of Estonian emigration statistics, emigrants are defined as "persons who demand a passport to go abroad and settle there permanentlv". (Communication of the Central Statistical Office of Estonia, 29 May 1926.) FINLAND.—In the absence of a legal definition, the Finnish Government stated in its reply to the Questionnaire of 1921, that " i n the statistics, emigrants are defined as all persons, with their families, who have left for some country out of Europe in order to earn a living or to improve their circumstances' '. In reply to the Questionnaire of 1925, the Government defined an emigrant as a person going abroad in order to seek employment of lengthy duration. FRANCE.—A Decree of 9 March 1861 considers as an emigrant every passenger who pays for his passage on a sailing ship or steamer, including food, a weekly sum of less than 40 francs. This does not apply to passengers who take their meals a t the captain's or officers' table. The Emigration Commissioner has to decide in case of doubt. The reply of the French Government to the Questionnaire of 1921 appeared to show t h a t this definition had dropped out of use, for it stated : "There is no legal definition of emigration to be found in French regulations. I t may be said t h a t emigration is the act of leaving one's native country without intending to return, and with a view to settling abroad." I n reply to the 1925 Questionnaire, the French Government alluded t o the definition of 1861, adding : " I n practice, all third-class passengers are, a t the present day, considered as emigrants. Such a criterion is useful for the practical application of the regulations, but obviously does not constitute a definition. For the purpose of a general definition of the term "emigrant" the Government would support the formula adopted by the International Conference at Rome in 1924." According to a communication from the Direction de la Sûreté générale of the Ministry of the Interior to the International Labour Office (8 May 1926), "all persons who settle abroad for a long period, including those who leave without meaning to return" are considered as emigrants for purposes of statistics. Morocco.—The statistics of this country consider as emigrants, DEFINITIONS OF VARIOUS TERMS USED 15 "travellers who leave Morocco without the intention of returning". (Communication of the Residency General of the French Republic in Morocco, 28 March 1925.) Colonies : Martinique. — According to the Decree of 15 March 1927. on emigration, a n emigrant is defined as " a person who leaves his country for the purpose of seeking work, or who accompanies or goes to rejoin husband or wife, relatives in the ascending or descending line, brothers or sisters, uncles or aunts, nephews or nieces, or their husbands or wives who have already emigrated for the same purpose, and any person who returns in the same circumstances to a country to which he has previously emigrated". The Emigration Commissioner has to decide in case of doubt. GERMANY.—The reply oi the German Government to the 1921 Questionnaire states that although the Emigration Act of 9 June 1897, which is still in force, contains no definition of an emigrant, it was the intention of the framers to understand by the term "emigration", leaving the territory of the State with a view to settling elsewhere for a lengthy period, that is to say, if not for life, at least for a long and indefinite period. The reply added that a new Bill,then in preparation,also included temporary emigration, and defined temporary emigrants as persons who leave their country to settle temporarily abroad. This Bill has been dropped, and the various Orders which have subsequently amended and completed emigration legislation have, up to the present, given no legal definition of the term emigrant. GREAT BRITAIN.—From the Regulations dated 31 January 1912, made by the Board of Trade under section 76 of the Merchant Shipping Act of 1906 as to passenger returns, it follows that an emigrant is considered to be any passenger who leaves the country after having resided there for a t least one year, with the intention of settling permanently out of Europe, and not within the Mediterranean Sea. The Merchant Shipping Act contains the following definition of a steerage passenger, who may be considered as almost the same as an emigrant : "The expression 'steerage passenger' means all persons except cabin passengers, and persons shall not be deemed cabin passengers unless : (a) the space allotted to their exclusive use is in the proportion of at least 36 clear superficial feet to each statute a d u l t 1 ; and, (b) the fare contracted to be paid by them amounts to at least a sum of £25 for the entire voyage, and is in the proportion of at least 65s. for every 1,000 miles of the length of the voyage; and (c) they have been furnished with a duly signed contract ticket in the form prescribed by the Board of Trade for cabin passengers." Further, the Conference of Premiers and Representatives of the United Kingdom, the Dominions, and India, which met in London in 1921, decided t h a t in future the terms "emigration" and "immigration", "emigrants", and "immigrants" should only be employed for movements to and from countries outside the Empire, whilst for journeys within the Empire, terms such as "oversea settlement" and "oversea settlers" should be used. Replying to the 1925 Questionnaire, the British Government suggested t h a t the Convention should apply to steerage passengers, and reiterated the definition given above, which continues to be used in British legislation. Colonies : Fiji.—According to the Emigration Ordinance of 1892 (section 2), " t o emigrate means to depart from the colony". 1 "Statute adult" in the Merchant Shipping Act means a person of the age of twelve years or upwards. 16 DEFINITION OF AN EMIGRANT Hongkong.—According to the Asiatic Emigration Ordinance of 1915 (sections 2 and 5), the word "emigrant" means any person, being a native of Asia, who is carried or who is about to be carried as a passenger in any emigrant ship. Natives are not considered as "emigrants" if they travel on the same terms as non-Asiatic passengers in the first- or second-class of any mail ship, or in any other ship approved by the Government as a first-class ship. "Emigrant ship" includes every "Hongkong emigrant ship", i.e. any ship carrying from any port in the colony of Honkong more than twenty passengers being natives of Asia, and every "out port emigrant ship", i.e. any British ship carrying from any port in China or within 100 miles of the coast thereof, other than a port in the colony of Hongkong, more than 20 passengers being natives of Asia. Malta.—The report of the Emigration Office for the year 1921-1922 states t h a t since 11 November 1918, the term "emigrant" has been taken for statistical purposes to mean any British subject born in Malta, to whom a passport has been delivered, with the exception of tourists, and persons leaving the country temporarily or for business reasons. Inversely, a native of Malta who fulfils the above-mentioned conditions and who returns to the islands, is considered as a returning emigrant or immigrant. Mauritius.—In the Emigration Ordinance of 1925 (section 2) "emigrant" is taken to mean any person who, being a native of the colony, or resident in the colony for the time being, emigrates or has emigrated, and includes any dependant of an emigrant, but does not include : (a) any person emigrating to a country in which he has resided for not less than five years, or the wife or children of such person; or (b) the wife or children of any person who has emigrated, when such wife or children depart for the purpose of joining such person. "Emigrate" and "emigration" mean the departure out of the colony of : (a) any person who departs under an agreement to work for hire in any country beyond the limits of the colony; (b) any person who is assisted to depart otherwise than by a relative, if he departs with the intention of working for hire in any country beyond the limits of the colony. Straits Settlements.—As given in section 12 of the Labour Ordinance, 1926, concerning the emigration of Asiatics, "emigration", with its cognate expressions, means departure from the colony under a contract or agreement to labour in some country or place beyond the limits of the colony and of the Federated Malay States, and includes such departure of any person who has entered the colony, whether at the time of such entry he had or had not any intention of residing in the colony. GREECE.—According to the Emigration Law No. 2475 of 24 July 1920, "emigrant" (¡isTavaatitç) is defined as any person travelling from a Greek port, either directly or by way of a foreign port, to any country outside the continent of Europe other than Asia Minor and the north coast of Africa, as far as the Straits of Gibraltar, in the third class, or in any other class of accommodation declared by the Emigration Service, on the recommendation of the commission mentioned in section 39, to be equivalent thereto. Travelling to foreign countries in general shall be termed "expatriation" ( his destination; while "assisted emigration" is to be understood as meaniing t h a t which is effected by payment of a fare lower t h a n t h a t ruling for thfrd-class or steerage travel, or t h a t for the purpose of which an advance of moriey has been received. Decree No. 7427 dated 30 March 1921 renders this mäeasure more definite by empowering the General Emigration Department t'o prohibit the embarkation of intending emigrants who make application $to leave for a foreign country, their passage having already been paid t o theif destination, unless they can produce a declaration, bearing the visa of t h e Pot?"t u g ues e consul at the place of destination, attesting t h a t the person concernled has been invited by his father, mother, guardian, or elder brother, by whorn the passage has been paid, and who is in a position to undertake t o support the emigrant. ' V \ \ PROHIBITIONS ON ECONOMIC GROUNDS 75 SPAIN.—The Act of 20 December 1924 lays down t h a t only persons whose emigration is "spontaneous" may be transported, and provides for the infliction of a fine of from 100 to 500 pesetas for a first offence, to be increased to from 500 to 1,000 pesetas for subsequent offences, upon shipowners, shipping companies, or transport agents who enter upon a ship's papers as "spontaneous emigrants" persons whose passage has been paid by a foreign Government or undertaking, or by a private individual in a foreign country, or by a foreign agency established in Spain for the recruitment of workers (section 54). SWITZERLAND.—The Order of the Federal Council dated 18 February 1889 lays down that, unless the authorisation of the Federal Council has been obtained, a contract of emigration may not be concluded with any person whose travelling expenses have been advanced or paid, wholly or in part, by foreign societies, institutions, enterprises, or Governments. (o) PROHIBITIONS ON ECONOMIC GROUNDS During the foreign exchange crises which have arisen since the war, it has happened on several occasions that countries whose currency has depreciated have prohibited the export of national capital. A measure of this nature (since repealed) was taten in Germany in 1920; other countries have more recently enacted similar provisions, which are still in force. Restrictions of this kind, while not directly limiting the movement of individuals from place to place, may nevertheless react upon emigration movements, restraining them and impeding the establishment abroad of those desiring to found in some foreign country an undertaking which requires capital. FRANCE.—As a consequence of measures taken t o combat evasion of taxes, it is forbidden to pass the frontier with a sum of over 5,000 French francs, or its equivalent in foreign money, except with a special permission from the Ministry of Finance. The export of gold coin or of silver coin in excess of ten francs is rigorously prohibited, as also is the export of deeds and dividend warrants. (Act of 3 April 1918, Decree of 3 July 1918, and Circular of 31 J u l y 1920; also Acts of 17 August 1915 and 12 July 1919.) ITALY.—Circular No. 67 dated 6 July 1926, issued by the Emigration Department, draws attention t o the fact that, in accordance with decisions recently taken by t h e Government, the export from t h e Kingdom of a sum exceeding 10,000 lire by any person under any circumstances whatever is prohibited. Emigrants going abroad for the purpose of acquiring land must keep this provision in mind K (p) OCCASIONAL SUSPENSION Changes occurring in conditions for emigration at home or abroad may give rise either to complete suspension of emigration 1 Cf. Bollettino delta Emigrazione, July 1926. 76, THE RIGHT TO EMIGRATE AND RESTRICTIONS or to partial suspension, i.e. a suspension affecting certain classes of persons only, or, most frequently, in relation to particular countries where health or economic conditions are temporarily unfavourable, or to which a State does not wish its nationals to emigrate for reasons of a political or other nature. Quite frequently certain specified authorities are empowered by Emigration Acts to notify these provisional interruptions. Some of the measures recently taken in pursuance of such arrangements are quoted below. A U S T R I A . — B y a Declaration (Kundmachung) relating to passports, dated 10 May 1867, which is still in force, the Government reserved the right, should it become necessary in the interests of national safety or public order (e.g. in case of war, civil commotion,and so forth), to restrict or prohibit any communication with other countries, over either the whole or any specified portion of the frontier (section 29). . BELGIUM : Congo.—By the Decree of 17 August 1910, the GovernorGeneral is empowered, in the public interest, to issue a reasoned Ordinance prohibiting, in any region specified by him, operations having as their object the engagement or recruitment of workers; or rendering such operations subject to the condition that natives shall not be removed from the territory of the colony. Such Ordinances are to remain in force only for the period therein stated; they may, however, be renewed. CZECHOSLOVAKIA.—By Act No. 17 of 15 February 1922, the Government is empowered to issue Ordinances having for their object the limitation or prohibition of emigration to any particular place, if the life, freedom, or property of the emigrant concerned would be thereby endangered, or if such measure be desirable in the emigrant's economic or moral interests (section 2). GERMANY.—The Ordinance dated 4 October 1923 provides t h a t permission to emigrate may be restricted in respect of certain countries or certain occupations, or during a stated period. Emigration may even be prohibited altogether for persons following certain occupations (section 2). G R E A T B R I T A I N : Bahama Islands.—The Emigrant Labourers Protection Act of 1909, section 2, provides t h a t the Governor may, by Order in Council, declare any foreign country or place to be a country or place to which labourers may emigrate. GREECE.—The Act of 24 July 1920 lays down t h a t emigration or expatriation from Greece, either in general or to any particular country, of persons of either sex or coming within certain age-limits, or of all persons without distinction of age, or of persons belonging to a particular category, may be prohibited or placed under special restrictions, by Royal Decree promulgated in accordance with a proposal of the Minister of the Interior in pursuance of a decision taken by the Council of Ministers and applicable during a specified period (section 4). HUNGARY.—The Act of 1909 empowers the Minister of the Interior to prohibit emigration to countries where the life, health, or moral or material interests of the emigrant would be endangered. Such prohibition may be OCCASIONAL SUSPENSION 77 limited either to a fixed period or to a special category of persons of some specified occupation or age (section 4). In pursuance of this Act, the Ordinance of 1 April 1923 prohibited emigration to South America ; no applications for passports in respect of emigration to that continent are granted. INDIA.—The Indian Emigration Act of 5 March 1922 (No. VII of 1922) empowers the Governor-General in Council to authorise the emigration of unskilled workers to specific countries; further, the Governor-General in Council may prohibit the emigration of unskilled workers to any country to which emigration had previously been authorised or may prohibit the emigration of skilled workers to specific countries if he has reason to believe that such prohibition is necessary, more especially, in the case of unskilled workers, if the plague or any other dangerous epidemic disease has broken out in the country in question so t h a t emigrants arriving there would be exposed to serious risk to life. The Governor-General in Council is, moreover, empowered to prohibit, from a date and for reasons to be specified by him, the emigration of all persons, or of any specified class of persons, to any specified country, from the territories under the administration of any Local Government or any specified part thereof, for the purpose of unskilled work. Notification of any such prohibitions and the reasons therefor must be published in the Gazette of India and must be laid before both Chambers of the Indian Legislature as soon as may be after it is made. I n cases where an epidemic disease has broken out, Local Governments m a y provisionally suspend emigration to any specific country for the purpose of unskilled work, pending a reference to the Governor-General in Council. Notification of such suspension must be published in the local Official Gazette, and must be transmitted to the Governor-General. ITALY.—The Consolidated Act of 13 November 1919 lays down t h a t the Minister of Foreign Affairs, in agreement with the Minister of the Interior, may suspend emigration to any specified country for reasons of public order, or if the life, freedom, or property of the emigrants may be endangered, or when the safeguarding of the emigrants' material or moral interests necessitates it (section 9). Circular No. 17, issued by the Minister of the Interior and dated 15 February 1926, instructed diplomatic officials to accord no further passports for Spain except in cases where a contract of employment in that country was proved to exist, as the considerable number of passports applied for by persons desiring to travel to Spain indicated that Italians were endeavouring to reach the United States by an indirect route, thus running the risk of getting into serious difficulties K JAPAN.—The administrative authorities may, for purposes concerning the protection of emigrants, the keeping of the public peace, or relations with foreign countries, either suspend emigration or cancel permits already issued. (Consolidated Emigrants Protection Act, No. 33, of 1907.) LITHUANIA.—Section 17 of the Act of 18 July 1922 empowers the Council of Ministers to prohibit emigration to countries or places where the health, life, morals, or property of emigrants may be endangered. N E T H E R L A N D S : E a s t Indies.—In Java and Madura, the GovernorGeneral may suspend temporarily the transport of natives to certain regions 1 Cf. also, under heading (d) above, provisions ior t h e t e m p o r a r y prohibition of emigration in t h e case of young men of military service age. 78 THE RIGHT TO EMIGRATE AND RESTRICTIONS or parts thereof outside the colony. (Ordinance No. 613 of 14 September 1914, section 14.) POLAND.—See Supplement I. PORTUGAL.—It is laid down in section 9 of the Decree of 10 May 1919 t h a t "the Government, pursuant t o a decision taken by the Council of Ministers, may suspend emigration to any particular country for reasons of public order, or if it is to be feared that the life, liberty, or property of emigrants may be threatened". This power of suspension may be extended to apply in other circumstances; for example, by "Portaria" No. 4813 of 28 January 1927, the emigration of Portuguese workers to France was provisionally suspended, owing to a glut in the labour market. Civil Governors are forbidden to issue passports to such workers, notwithstanding that they may be in possession of a contract of employment, save in cases where the application is justified by exceptional circumstances and has previously been submitted to the Minister of the Interior. Colonies.—As a general rule, the natives of Portuguese colonies are free to travel from one colony to another for purposes of employment; they are required either to provide themselves with the necessary passports or to prove t h a t they have entered into an engagement to labour in another colony. Nevertheless, the Portuguese Government may suspend the emigration of natives either from a colony as a whole or from any part of a colony, should political or economic reasons exist making such a measure desirable. (Decree relating to Native Labour dated 14 October 1914, sections 82 and 83.) Decree No. 11492 dated 9 March 1926 authorises the recruitment of native workers in Mozambique for employment in St. Thomas and Principe upon the basis of the modus vivendi concluded between the Governors of these colonies on 14 November 1925; in section 9 it is laid down that, so long as the modus vivendi shall remain in force, the emigration of native workers recruited upon the actual territory of Mozambique for St. Thomas and Principe may neither be prohibited nor temporarily suspended, except by the Government of the mother country in case of war, outbreak of epidemic disease, or for other reasons of State. The same provision is embodied in the modus vivendi concluded on 28 April 1926 between Angola, St. Thomas, and Principe, for the exchange of native labour (section 31). RUMANIA.—By section 1 of t h e Migration Act of 11 April 1925 the Minister of Labour is empowered to restrict or to suspend temporarily the emigration of certain classes of individuals, either in the general interest of the country or in the private interests of the individuals concerned. SERB-CROAT-SLOVENE KINGDOM.—The Act of 30 December 1921, while preserving the principle of freedom of emigration, empowers the Minister of Social Policy to limit or suspend emigration for specific periods or to particular countries, if the national interest or t h a t of the emigrants should render such limitation or suspension necessary (section 6). SPAIN.—The consolidated text of the Emigration Act, dated 20 December 1924, lays down in section 16 t h a t " t h e Government, for reasons of public order or health or in view of exceptional risks run by emigrants may, after consultation with the Superior Council and the General Directorate of Emigration, temporarily prohibit emigration to certain countries or certain regions. Except in urgent cases and unless suspension is called for in the interests of public order, the Government shall first hear the views of the Council of State in plenary assembly." PASSPORTS, VISAS, AND IDENTITY CARDS 79 § 2.—Passports, Visas, and Identity Cards Provisions relating t o the policing of frontiers are extremely varied, both as regards period of validity and extent; for t h a t reason it is impossible, more in this Section t h a n in any other, t o give any kind of photographic view of present conditions, which are extremely fluid. A complete study of the various systems of frontier control is, moreover, beyond the scope of the subject now under consideration; for, although police regulations relating t o travellers in general apply also t o emigrants, t h e y are not drafted for emigrant travellers in particular except in respect of certain minor details which will be dealt with at greater length after the main outline of the ordinary system has been considered. Volume III of the present work contains a study of the efforts made with a view t o international unification of the systems adopted and their simplification. * # * The re-establishment of the almost universal obligation t o carry a passport is one of t h e fruits of the w a r ; it is, however, an incidental institution which Governments are not very willing t o suppress, since it enables t h e m t o control, b y purely administrative means and without having recourse t o any special legislation, both the departure of their own nationals and the entry of foreigners. Most countries require t h a t foreigners desiring t o pass their frontiers, both upon arrival and when leaving, shall be in possession of a passport. I n 1925 the League of Nations Committee for Communications and Transit consulted the various States concerned by circulating a questionnaire. Out of the 43 Governments which replied t o it, three only (those of Cuba, Surinam, and Uruguay) stated t h a t the obligation t o possess a passport upon entering their country had been suppressed, while three (Canada, United States, and Uruguay) stated t h a t persons are no longer called upon t o produce a passport upon leaving. This is a sufficient indication t h a t the obligation is very general.. However, it is gradually becoming less strict, thanks t o the 80 THE RIGHT TO EMIGRATE AND RESTRICTIONS existence of reciprocity agreements (cf. Volume I I I ) in evergrowing numbers, by means of which certain States have supressed, for nationals of the contracting parties, the obligation t o produce a passport upon entering the territory of the other contracting party. As a consequence, the obligation t o produce a passport upon leaving the national territory ceases t o exist in the case of nationals going direct t o a n y other country which is a p a r t y t o t h e agreement. This is the case in Belgium and the neighbouring countries. An identity card—which is a permanent document containing information by which the holder can be identified—is sufficient t o enable the holder t o pass the frontiers. A certain correlation is thus found t o exist between obligations relating t o entry and those relating t o exit; this m a y be set aside, however, and t h e preparation of the passport for the purpose of exit, together with police measures relating thereto, will now be studied separately. The special provisions governing passports held by transmigrants will be dealt with in Chapter X I I I , "Transit". Making-out of Passports.—The conditions in accordance with which passports are made out vary very considerably from one country t o another, e.g. as t o contents, duration of validity, fees payable, and so forth. So far as concerns the information contained in a passport, attention may be specially drawn t o the varying procedure for identification of the holder. The majority of passports bear a duly certified photograph of the holder; others (e.g. t h e new Argentine and Bolivian passports) bear finger-prints, or in some cases one finger-print only—in Uruguay, for example, t h a t of t h e right t h u m b . Validity.—The period for which a passport remains valid also differs greatly from country t o country. The maximum is, as a rule, clearly laid down and varies from six months (Estonia, Poland) t o five years (Great Britain and most of her Dominions). I n many cases the original period of validity m a y be prolonged b y renewal or by successive renewals; in others n o renewal is permitted, and the passport expires at the due date. Moreover, in some States several kinds of passport are in existence, valid for longer or shorter periods, and the fees in respect of which PASSPORTS, VISAS, AND IDENTITY CARDS 81 m a y vary according t o the duration; e.g. the Serb-Croat-Slovene Kingdom issues passports for periods varying from three months to two years. Again, a passport m a y be valid for one voyage only, of whatever duration, expiring automatically upon the traveller's return (Japan). Individual and Collective Passports.—In certain countries a passport is always of t h e individual type (Argentina, Luxemburg); though young children m a y generally be included upon the passport of the person accompanying t h e m (Denmark, France, Uruguay). A large number of States, however, issue collective passports t o include all the members of one family—in particular, the husband, wife, and minor children coming under a certain age limit, which varies in different countries between fourteen, fifteen and sixteen years. Fees.—The system of fees payable in respect of passports also shows a marked lack of uniformity. I n some countries passports are in all cases issued absolutely free of charge (Panama). Generally, however, fees are payable which vary enormously from country t o country; in some cases only a nominal charge is made, in others the amount may be considerable. There are various factors which contribute t o modify such fees, even as regards each individual country. For example, they may differ according as t h e passport is issued or renewed upon the national territory or at consulates or legations abroad (Belgium, Czechoslovakia, Denmark, Norway, Rumania, Sweden, Uruguay, etc.). Again, t h e y m a y vary according t o the period for which t h e passport is granted (in the Serb-Croat-Slovene Kingdom) or according t o the financial position of the applicant (Austria, Czechoslovakia, Hungary, Poland). The fee payable in respect of a family passport is usually the same as t h a t for an individual passport; it may, however, be slightly increased (Netherlands). The combination of several factors sometimes gives rise t o a whole series of very complex fees (e.g. in Estonia, where account is taken not only of the duration of the voyage and of the reason for which it is undertaken, but also of the traveller's social position). Exit Visa.—In many cases the mere passport is regarded as insufficient; it must bear the visa of certain specified authorities. 7 82 THE RIGHT TO EMIGRATE AND RESTRICTIONS The practice of requiring an exit visa is, however, decreasing; it is now far less general t h a n t h a t of requiring a passport only. Out of 41 Governments which replied t o t h a t p a r t of the 1925 questionnaire relating t o passport regulations, only 20 mentioned an obligation t o possess an exit visa. Moreover, even where this obligation exists, it is applied in various different ways. I t m a y be imposed upon every individual leaving the national territory (as in t h e case of Albania, Bulgaria, Estonia, Greece, Lithuania, Rumania, and the Serb-Croat-Slovene Kingdom); or it m a y apply only t o nationals (China), or only t o foreigners (France, Germany, Guatemala, and Persia); or it m a y be imposed upon the nationals of certain countries only (Australia, New Zealand, and South Africa). Again, it m a y only apply in special circumstances, and either t o nationals or t o foreigners (Austria, Latvia, Poland). Special rules also exist in relation t o visas for travellers in transit; these will be studied in Chapter X I I I of the present volume. To a certain extent at least, emigrants do not follow the ordinary procedure. They have sometimes t o be in possession of a special passport; sometimes t h e ordinary passport or visa accorded to t h e m is under special conditions. These peculiarities, as relating t o exit formalities, are duly considered below, without, however, making further reference t o the special obligations applying t o certain categories of persons whose emigration is subject t o stricter supervision, a n d t o whom passports are issued only upon presentation of special documents—more particularly in the case of women, minors, etc. Attention has already been directed t o these special provisions in § 1 of t h e present Chapter ("The Various Legislative Restrictions"), especially under (b), (f), and (g). TERRITORY UNDER BELGIAN M A N D A T E : Ruanda -Urundi.— The natives of Ruanda-Urundi and of the adjacent colonies may not leave the territory unless they are in possession of a passport, which is only issued if they fulfil the conditions for emigration laid down by the Decree of 19 July 1926. These conditions are more severe for natives of RuandaUrundi t h a n for those of the colonies. (Decree of 19 July 1926, section 1.) TERRITORY UNDER FRENCH M A N D A T E : Syria and Lebanon. •—In accordance with the Order of 4 December 1924, the preliminary steps to obtain a passport must be taken by the emigrant in person; no other person may assist him, even gratuitously. The emigrant's application PASSPORTS, VISAS, AND IDENTITY CARDS 83 must be accompanied by two documents (referred to previously in § T, under heading (j)) proving t h a t he has assured means of support in the country of destination, or t h a t the amount necessary to repatriate him has been duly deposited by him. Moreover, passports may be handed over only t o the individuals concerned in person; officials or their subordinates attached to the offices for the issue of passports must, upon their own responsibility, ascertain the precise identity of the persons to whom passports are handed. The same Order provides t h a t in each State the preliminary formalities to be gone through in relation to the issue of passports shall be laid down in special regulations to be approved by the High Commissioner. AUSTRIA.—As a rule, emigrants come under the ordinary passport system. I t may be remarked, however, that the fees charged vary according to the financial position of the individual concerned, so that emigrants are able to obtain their passports at a very moderate rate. Emigrants whose destination is America can only obtain passports upon production of an affidavit, duly authenticated by the Austrian consular authorities, to the effect t h a t a friend or relative already established in America is prepared to afford them assistance. (Regulations dated 3 March 1922.) B E L G I U M : Congo.—By the Decree of 14 August 1922, relating to the emigration of blacks, the Vice-Governors of provinces are empowered to establish, for natives of the Congo and adjacent colonies, the obligation to obtain a passport in order to leave the Congo, under the circumstances and via the frontiers and routes laid down in their Ordinances. The issue of a passport to natives of the Congo is subject to production of (a) a leave permit (papier de congé) known as a "passeport de mutation", by which the native is authorised to absent himself from the district (chefferie) or territory where he is registered, (b) a permit issued by the person under whose authority,, if any, he is, and (c) a medical certificate. CHINA.—Emigrants are required to obtain passports issued by the Emigration Bureau. (Act of 21 April 1918.) CZECHOSLOVAKIA .—The Act of 15 February 1922, section 3, laid down that "every emigrant being a citizen of the Czechoslovak State must be in possession of an emigrant's passport available for the country to which he desires to go". This passport, or "emigrant's permit" was to replace all the papers which a Czechoslovak citizen desiring to go abroad is required to hold. The same Act further declared that complementary provisions governing the establishment, form and contents of the emigrant's passport were to be laid down by Ordinance. However, in reply to the questionnaire relating to the passport system, circulated in 1925 by the League of Nations Committee for Communications and Transit, the Czechoslovak Government declared that "so long as the obligation to obtain a passport for the purpose of foreign travel remains in force, no special passports will be issued to emigrants". Emigrants' passports only differ from ordinary passports in bearing conspicuously on the front page either the abbreviation " E " when the destination is a European State, or the word "Emigrant" when the holder is going to an oversea country. I t may be pointed out t h a t the fee payable in respect of a passport varies according as the applicant is an employed person whose daily earnings do not exceed the daily wage of a workman, or is a person in easy circumstances. Though there are no special passports for emigrants, an applicant for a passport for the purpose of emigration is required to reply in detail to a questionnaire from which information can subsequently be drawn for the purpose of preparing returns to serve as a basis for emigration statistics. 84 THE RIGHT TO EMIGRATE AND RESTRICTIONS The Emigration Act of 1922 lays down t h a t the obligation to obtain a passport may be abrogated by Ordinances in the case of emigrants leaving for certain European countries, and for certain categories of emigrants. Nevertheless, the obligation is to remain in force so far as regards the persons referred to in section 31 of the Military Service Act—that is t o say, men between seventeen and forty years of age; passports are, moreover, issued t o such persons only for limited periods. I n practice, the Czechoslovak workers recruited collectively by Austria for the purpose of seasonal agricultural work in pursuance of annual agreements entered into since 1922, are not required to obtain individual passports. The collective contract of employment, duly authenticated by the competent authorities of the two countries, takes the pla.ce of the passport for the purpose of crossing the frontier both upon entering and leaving, not only for the emigrants but also for their escort. GREAT BRITAIN : Colonies.—In some of the British colonies an emigrant is obliged to obtain a passport which is issued only with the special authority of the Governor, as in Fiji, where such a regulation is in force for Indian and Polynesian immigrant labourers, and Mauritius, where a similar regulation applies to Indian immigrants and liberated Africans. (Fiji : Emigration Ordinance, 1892, section 8; Mauritius: Ordinance regulating the Emigration of Indian Immigrants and Liberated Africans, 1881, section 5.) I n Bechuanaland, by the Native Labour Proclamation No. 7 of 1909, section 2, it is provided t h a t every labour agent shall fill in and sign a pass for every native labourer engaged by him for employment beyond the Territory, and this pass must be countersigned by the official before whom the contract was made. I n Malta, passports are issued by the Emigration Office to emigrants only after they have undergone strict examination with a view to ascertaining t h a t they will be allowed to enter the country to which they are going. I n the Straits Settlements, every labourer who enters into a contract to take part in any exhibition or spectacular performance must, before he emigrates, appear before the Protector of Chinese, who shall require a photograph or finger-prints of the labourer to be deposited for record in the Protectorate. (Labour Ordinance, 1926, section 200.) GREECE.—In accordance with the Act of 24 July 1920 (sections 2 and 6) emigrants are required to obtain the necessary passport from the competent prefectural authority. The Emigration Office at the Piraeus may, however, with the authorisation of the Minister of Foreign Affairs, issue passports to emigrants. The Greek Government, in its reply to the questionnaire issued by the Committee for Communications and Transit in 1925, stated t h a t emigrants who are without means are able to obtain both passport and visa free of charge. HAITI.—The Act of 28 February 1924 provides t h a t application for passports may be made to the Ministry of the Interior, either by emigrants in person or by individuals recruiting them (either an employer or an authorised recruiting agent). The application must be accompanied by a medical certificate to the effect t h a t the person concerned has been re-vaccinated and by a receipt from the National Bank, showing t h a t a sum of 30 gourdes 1 in respect of each worker engaged has been paid into the Public 1 One gourde = approximately lOd. All the currency values indicated on this and subsequent pages are calculated according to the approximate average rate during NOT. 1927, except where otherwise stated. PASSPORTS, VISAS, AND IDENTITY CARDS 85 Treasury. Passport fees have to be paid by the person recruiting the workers if he is a foreigner. The passport must be made use of within three months from the date of issue, otherwise it loses its validitv (sections 11 and 12). The Act of 23 January 1925, relating to entry and exit fees, lays down in section 11 that, in the case of a traveller other than an emigrant, possession of a passport is optional; section 10, however, specifically states that a passenger leaving for a country to which Haitian emigration is ordinarily directed will be required to obtain a passport, unless he can offer positive proof that he is not going as an emigrant. HUNGARY.—Certain restrictions are added, in the case of emigrants, to the ordinary passport system. In the Ordinance of 1 April 1923 it is stipulated that all applications for passports for travel to oversea destinations must be submitted to the Minister of the Interior, and passports may only be issued with his permission. Local authorities have been instructed only to issue passports to persons who prove that they are entitled to emigrate. In the case of passports for travel to the United States, the Emigration Department has to decide to which individuals these are to be issued. I t may be noted that emigrant workers' passports are obtainable a t reduced fees, i.e. the expenses, which normally amount to 8 gold crowns, are reduced to one gold crown for all persons whose income does not exceed the wage of a day labourer. ITALY.—The Consolidated Act of 1919 lays down in section 15 that citizens regarded as emigrants in accordance with the terms of the said Act must hold a special passport K An emigrant's passport is made out in a special form, with a view to the compilation of emigration statistics ; it differ from an ordinary passport in the following particulars : (1) I t contains more detailed information concerning the emigrant (i.e. whether or no he is illiterate, his position in respect of military service, and his place of destination). (2) Two coupons are attached to the passport ; one of these is marked "Expatriation" and the other "Repatriation", and both contain information required for the purpose of statistical returns. These coupons are detached from the passport by the competent frontier and port services at the time of emigration and of repatriation respectively. (3) A separate emigrant's passport is issued to each individual over 25 years of age, even in cases where the person concerned is leaving in the company of relatives, or of husband or wife. An emigrant worker must, when applying for a passport, show his contract of employment 2 , or a written offer of work received from an employer, if the country to which he desires to go requires him to be in possession of this document. For the United States, Canada, Cuba, and Mexico the "certificate of definite embarkation" is required. This is a document which is issued only after examination of a written application upon a special form, which the applicant has to send to the emigration services, stating his trade or occupation, position in respect of military obligations, the class in which he wishes to travel, and the reasons for which he desires to leave. The shipping company concerned has also to make enquiries as to the possibility of the emigrant's leaving by any specified ship; after which the embarkation certificate can be issued. 1 In accordance with a decision of t h e President of t h e Council, only two kinds of passports (communi and diplomatici) will be issued on and after 1 March 192S. 2 Cf. footnote 1 on p . 36. 86 THE RIGHT TO EMIGRATE AND RESTRICTIONS Passports issued to emigrants are exempted from payment of the ordinary passport fees (30 lire 1 , plus 2.40 lire for stamps); they have, however, to pay a very small special tax (2 lire) which is placed not in the State Treasury but in the Emigration Fund, i.e. a special fund constituted to meet the expenses of safeguarding, protecting and assisting emigrants at home and abroad. (Reply to the questionnaire issued by the League of Nations Committee for Communications and Transit in 1925.) JAPAN.—Applications for passports emanating from emigrants whose emigration has been arranged by agents, or from voluntary emigrants who have designated other persons as sureties, must bear the signature respectively of the emigration agent or of the person acting as surety. (Amended Ordinance No. 4, relating to the issue of passports, dated 1925, section 7.) LATVIA.—The Passport Act of 30 March 1926 requires all persons leaving for a foreign country to obtain an individual passport. However, "floating" and other categories of workers whose occupation requires them t o go abroad may obtain a collective passport. Moreover, such a passport is exempt from payment of the ordinary fees (sections 8 and 13). LITHUANIA.—For the purpose of travel or establishment abroad, either a passport or a safe-conduct is required. In order to obtain a passport, an applicant must submit three satisfactory certificates, issued respectively by the judicial, fiscal, and military authorities. (Instruction published 18 September 1926, section 3.) MEXICO.—Both Mexican nationals and foreigners desiring to emigrate from Mexican territory are required to obtain from officials of the Migration Service an "individual identity card" (Tarjeta individual de identificación) ; for this purpose they must indicate the country to which they wish to go, and must produce the documents required to establish their identity, civil status, and morality (a judicial certificate), together with their contract of employment. The identity card which will then be issued will be accepted as proof in a foreign country that they have emigrated in a legitimate manner. The lack of such a card will be accepted as presumptive evidence t h a t the emigrant concerned has not fulfilled the conditions laid down by law, and, unless proof is forthcoming to the contrary, he is not entitled to receive any assistance from Mexican authorities abroad. (Act of 12 March 1926, sections 69, 70 and 71.) POLAND.—A Pole desiring to emigrate is required t o provide himself with a special passport. I n accordance with the Decree of 22 December 1925 for the application of the Passport Act of 17 July 1924, and the Instruction dated 23 December 1926 laying down the conditions upon which passports are to be issued, no fee whatever is payable in respect of an emigrant's passport, whereas the fee for an ordinary passport is very high. I n order to obtain a passport free of charge, an emigrant is required to submit documentary evidence that he has complied with all fiscal obligations, and a certificate proving t h a t he is an emigrant in actual fact. The latter will be issued by the State Employment Exchange if the emigrant is travelling to a continental country, and by the Emigration Office if he is going overseas. The aforesaid emigration certificate will be issued only upon receipt of sufficient proof to establish that the applicant is leaving for the purpose either of gaining a livelihood or of rejoining his family with t h a t end in view; t h a t the conditions of employment offered to him are in agreement with the provisions of treaties concluded with the country of immigration 1 One lira = approximately 2-7d. PASSPORTS, VISAS, AND IDENTITY CARDS 87 or with the scale of wages paid to local workers, or t h a t the country to which the emigrant is going offers conditions favourable to his establishment so as to enable the Polish Government to facilitate emigration to such country; and finally, that the emigrant fulfils the conditions laid down for admission to and residence in the country of destination. The documents required as proof under these different headings vary according to the country of destination; they are enumerated country by country in the Instructions of 22 and 23 December 1926. In general, they are as follows : (a) An immigration permit or an admission card issued by the country of destination (Australia, Canada—except in the case of an agricultural worker possessing $1,000 '—and the United States) ; (b) A contract of employment or a duly authenticated invitation from a n employer (all European and oversea countries with the exception of Argentina, Brazil, Canada, the United States, and Palestine) ; (c) An invitation from a member of the family when the individual concerned is not a worker, and, in cases where this is required by the country of destination, a written assurance t h a t the maintenance of the person concerned is provided for in t h a t country. Reference may also be made to Chapter X I I for special information concerning emigration to continental countries. Emigrants' passports are issued by the Emigration Office, which attaches to each a n identity card in two parts, t o be detached respectively when passing the frontier upon leaving and returning to the country. These cards bear all the information required for the purpose of emigration statistics ; the details there given differ somewhat according as the emigrant's destination is an oversea or a continental country, and the cards used differ in colour. For the purpose of repatriation, the registration cards are filled in by Polish consuls abroad. The visa of the Emigration Office must be obtained before t h a t of any foreign consul is asked for. This visa will only be given after it has been ascertained t h a t the applicant fulfils all the conditions laid down by law in the country of destination, and that he is in possession of a ticket for the journey issued by a company authorised to transport emigrants. The formalities to be complied with in order to obtain a passport must, even in the case of workers recruited collectively, be undertaken by the interested party in person. PORTUGAL.—Emigrants must obtain passports, the carrying of which is optional in the case of ordinary travellers. Passports are issued by the prefectural authorities ; and a personal application is not indispensable provided t h a t the applicant can furnish written evidence of his identity, duly certified by municipal authorities. An emigration or transport agent can arrange for the due fulfilment of the formalities imposed, but he must hand to the emigrant a written statement giving details of the fees paid on his behalf and of the amount of commission charged, which must not exceed one escudo 2 (section 82 of the Regulations dated 19 June 1919). Passports are always of an individual character and made out in accordance with a prescribed form ; they must indicate whether the emigrant has been recruited or is leaving of his own accord in order to seek work. In cases where the possession of a contract of employment is compulsory (cf. above, § 1, (j)) this document, duly visaed by the consul of the country of destination, must be produced before the passport can be handed over. The consular visa is placed upon a special leaf, and attached to the contract of employment; the consular agent must give the number of the visa, and 1 2 One Canadian dollar = approximately 4s. Id. (28 Jan. 1928). One Portuguese escudo = 2ì d. 88 THE RIGHT TO EMIGRATE AND RESTRICTIONS both the declaration and the visa must be authenticated by means of the consular seal. Before the passport can be issued, both the contract of employment and the attached visa must be numbered and entered at the Emigration Department in a special register. When Portuguese workers desire to re-enter Portugal, passports obtained from consular agents in a European country or its possessions will only be stamped with the "return visa" of the Portuguese authorities if the persons concerned can show a contract of employment and the visa attached thereto. (Decree of 31 May 1922.) The issue of passports for the United States can only take place with the permission of the Minister of the Interior. Portuguese consuls are absolutely forbidden to issue passports or passport visas to emigrants desiring to enter the United States. The issue of passports for Cuba or Mexico, in cases where departure from Portugal is to take place via a land frontier, is subject to an express authorisation of the Minister at the request of the interested parties. (Decree No. 11658, dated 11 May 1926.) According to the Circular (Portaría) No. 4842 of 26 March 1927 for the provisional regulation of the question of workers' passports for neighbouring countries, the obligation to possess a passport is suspended for workers leaving to take up employment in such countries. An ordinary safe-conduct suffices, the fee for which, amounting to 2.50 escudos, is allocated to the emigration fund. RUMANIA.—Passports for Rumanian emigrants are issued by a special Commission attached to the Ministry of Labour. Requests for permission to emigrate have to be addressed to this Commission, and must be accompanied by a complete set of certified documents. These documents must offer proof that the applicant does not belong to any of the categories whose emigration is prohibited (a certificate issued by the competent tribunal, one issued by the collector of taxes, etc.); further, the applicant's birth certificate with those of persons accompanying him, and a certificate of literacy (i.e. to the effect t h a t he can both read and write), in cases where the country of immigration requires it, must also be supplied, together with a medical certificate, an occupational certificate, a permit to enter the country of immigration in cases where the latter imposes this condition, a declaration of civil status, i.e. whether the applicant is unmarried, married, widowed, or divorced; the number, age and sex of his children; his marriage certificate, if any; and the birth certificates of his children. If he has dependent grandchildren, their parents' death certificates must also be furnished. Finally, the applicant is required to supply two signed photographs of himself, the identity of which must be duly certified by the police. (Regulations of 22 J u n e 1925.) Permission to emigrate is forwarded in exchange, accompanied by a special passport known as an "emigration passport". To this a counterfoil is affixed, to be detached upon leaving the country; it contains all the information which is required to be sent to the Ministry of Labour for the purpose of preparing emigration statistics. The period of validity of such passports is two years. This may, however, be prolonged by consular authorities and entitle the holder to return to Rumania. Such a passport may also be exchanged for a "repatriation passport". A passport issued to an individual whose Rumanian nationality is subject to doubt only entitles the holder to leave the country ; it does not give him the right to return. (Act of 11 April 1925, amplified by the Regulation for the application thereof, dated 22 J u n e 1925.) RUSSIA.—In accordance with an Ordinance dated 18 May 1922, Russians desiring to leave their country must obtain a special permit issued by the PASSPORTS, VISAS, AND IDENTITY CARDS 89 Commissary for Foreign Affairs. This permit is valid for a period of six months' residence abroad, and may be renewed by a diplomatic representative of the Soviet Government. If the holder of a permit returns to Russia after the expiry of the period for which this permit is valid, he can be called upon to pay three times the amount of the normal fee. SERB-CROAT-SLOVENE KINGDOM.—According to the Act of 30 December 1921, no emigrant may leave the national territory unless he has obtained a special passport, available only for the journey from a national port to a port in the country of destination; and he cannot return to the national territory without a passport available for the journey from a port in the country which he is leaving to a national port. Passports of this kind are made out by the Ministry of Social Affairs and are issued to emigrants who fulfil the conditions laid down by the Emigration Act, and who supply the required certificates (i.e. those of the military, fiscal, and judicial authorities respectively). An individual passport is only issued to persons at least 18 years old; below that age, minors are mentioned on the passport of the member of their family or other person designated by their parents who is to accompany them 1. All passports must bear the visa of the Yugoslav authorities; the exit visa is compulsory for all nationals leaving the territory, in addition to the consular visas of the various countries of destination. The fee chargeable in respect of the issue of an "emigrant's passport" amounts in all to 250 dinars 2. In eases where an individual in possession of such a passport is unable to enter the country of destination owing to his being refused admission by the authorities in such country, or if he returns to his home country within ten months, the difference between the amount of the special emigrant's fee and that charged for an ordinary passport, available for six or for twelve months (20 dinars), is refunded to him. (Reply to the questionnaire issued in 1025 by the Committee for Communications and Transit.) The Regulations of 1 December 1924 lay down the special procedure to be followed in making application for passports for the United States. SPAIN.—The Decree of 23 September 1916 instituted a special document for emigrants—the identity card (Cartera de Identidad del emigrante). This document has recently been modified in certain respects in order to conform to the conditions laid down by certain countries for the admission of migrants (Consolidated Act of 20 December 1924, section 66). I t takes the form of a bound book, containing a photograph and the finger-prints of the individual to whom it is issued, as well as all required information concerning his identity, origin, position in regard to military service, destination, the ship upon which he is authorised to embark, the port in which he is to land and the date of his departure, the consular visas affixed upon his departure and arrival respectively, information concerning the finding of employment for the emigrant in question, his changes of residence in the country of destination, his repatriation, and so forth. Those parts which relate to the individual's position in respect of military service and to his identity must bear the visa of the competent military authority. The various certificates required by an emigrant as well as the passport itself are all issued free of any charge whatever. 1 Cf. above, § 1, under heading (f). One dinar = approximately 0-9d. 2 90 THE RIGHT TO EMIGRATE AND RESTRICTIONS § 3.—Exceptional Measures : Individual Exemptions and Prohibitions It has already been pointed out in Chapter II that the application of the emigration laws and regulations of each country is limited to certain categories of individuals, according to the meaning ascribed to the word "emigrant". Persons not coming within the scope of the legal definition thus escape the measures tending to restrict freedom of movement imposed upon emigrants. Nevertheless the system applying to the ordinary traveller constitutes a general method which forms in itself a kind of exception to the rule governing emigrants. No attempt will be made here to study the characteristics of the system in general ; attention will only be given to exceptional provisions affecting certain emigrants. Exceptions to emigration laws thus limited are of various kinds. First of all, there are measures which, while general in their application to the individuals concerned, are nevertheless exceptional in respect of the circumstances under which they come temporarily into operation, and owing to which, the usual rules are suspended for a determined period. These have already been considered in detail under the various headings in § 1. Other measures, again, provide for the suspension of emigration t o a specified destination. The general law governing departure of emigrants may be amended in accordance with agreements arrived at between one country and another ; pursuant to arrangements of this kind, conditions of age, sex, occupation, and documents to be produced (contract of employment, medical certificate, etc.) may differ when emigration is to be undertaken to a specified country. Volume I I I of the present study contains an analysis of these international agreements. Exceptions to the general rule are sometimes found to exist in rerpect of movements within the frontier zone; even when such movements are for the purpose of following an occupation upon foreign territory, the formalities laid down are often simplified. Chapter XII (Continental Emigration) contains dispositions relating to frontier traffic, and Chapter VI of Volume III deals with the agreements regulating such traffic between two countries concerned. EXCEPTIONAL MEASURES : EXEMPTIONS AND PROHIBITIONS 91 Finally, there are measures of an individual character applied in pursuance of exceptions provided for by law, or in virtue of powers delegated b y law t o certain authorities, enabling t h e m t o use their discretion under certain given circumstances. The following paragraphs are concerned more especially with these individual exceptions. Moreover, an exception t o the general rule m a y take one of two forms : it may exist in the shape of an exceptional authorisation or as an exceptional prohibition. Exceptional authorisations usually tend t o the simplification of the formalities t o be complied with b y certain classes of emigrants with a view t o their protection, in cases where it is obvious t h a t the risks t o be guarded against do not exist. Thus, officials of emigration services may sometimes exempt a married woman from t h e necessity of obtaining her husband's permission, or minors m a y be exempted from the need t o obtain t h a t of their parents. Other exceptions are intended t o facilitate the reunion of families ; individuals who, b y reason of their sex, age, or condition of health, would normally be forbidden t o emigrate m a y be allowed t o do so in order t o accompany or rejoin the breadwinner of the family, who is responsible for their maintenance. On the other hand, individuals may be forbidden t o emigrate with a view t o protecting t h e m against special risks t o which t h e y might be exposed, e.g. in some countries women under legal age, even if they have obtained the permission of parents or guardians, and women of full age who are free from any legal guardianship, m a y find t h a t t h e y are forbidden to emigrate if the passport authorities have reason t o believe t h a t they m a y be the object of traffic for immoral purposes. I t must be added, further, t h a t , in general, passports are frequently either issued or refused upon arbitrary grounds; it is only possible here, however, t o mention t h e legislative provisions in existence by which power t o decide in such cases is delegated t o certain specified authorities. As the majority of these permitted exceptions have previously been noted in the sections dealing with the rules t o which they respectively relate, it is deemed unnecessary in the following paragraphs t o give more t h a n a reference t o t h e section and heading under which they have already been considered. AUSTRALIAN Cf. § 1, (k). MANDATED TERRITORY : New Guinea.— 92 THE RIGHT TO EMIGRATE AND RESTRICTIONS BELGIAN MANDATED TERRITORY : Ruanda-Urundi.—The Governor of the territory may exempt natives of any frontier districts which he may specify from the necessity of obtaining a passport in order to leave Ruanda-Urundi. (Decree of 19 July 1926, section 2.) Cf. under § 1, (j), the cases in which the contract of employment and the security ordinarily required in the case of departing natives may be dispensed with. BELGIUM : Congo.—Cf. § 1, (e), for exemptions permitted in certain cases from the deposit of security. CZECHOSLOVAKIA.—Cf. under § 1, (f), exemptions from the obligation on the part of emigrant minors under 18 years of age, leaving to take up employment on the continent of Europe, to obtain their father's permission ; under § 1, (h), exceptions in favour of old and infirm persons having means of support; and, under § 1, (n), the exception which may be declared by the Minister of Social Welfare in respect of the prohibition of subsidised emigration. GREECE.—Cf. under § 1, (f), the exceptional permission to emigrate which may be accorded to minors by the Minister of the Interior and under §l,(g), the exceptional permission which may be similarly granted to women of full age. HUNGARY.—For prohibition of the emigration of women under 40 years of age when it is feared that they may be victims of the white slave traffic, of- § 1, (g). INDIA.—None of the provisions of the Emigration Act of 5 March 1922 apply in any case in which a person engages another to accompany him out of India as his personal domestic servant (section 22 of the Act). Cf. also under § 1, (k), of the present chapter exceptions which may be declared by the Governor-General to the prohibition of emigration in the case of unskilled workers. ITALY.—For suspension of the provision forbidding young men liable for military service to leave for abroad, when they are travelling with their family or have some other urgent reason for leaving, cf. § 1, (d). See also (f). Somaliland.—Cf. under § 1, (a), the exception in favour of native traders. JAPAN.—Cf. under § 1, (a), the exception relative t o emigration t o China and Korea. LITHUANIA.—Cf. under § 1, (d), the exemption of citizens of the Memel Territory from the prohibition of emigration in the case of men of military service age. NORWAY.—Cf. under %l,(d), exceptions in relation to military service obligations pursuant to conventions. PORTUGAL.—Cf. under § 1, (h), special permission accorded to infirm and aged persons who can prove that they possess sufficient means of support in the country of destination; and under § 1, (n), the exception to the prohibition of emigration with assisted passages when the assistance has been granted to the emigrant by near relatives who have invited him. I t will be recalled t h a t the Regulations dated 19 J u n e 1919 empower Emigration commissioners to exempt women and minors who desire to LEGISLATION RELATING TO CLANDESTINE EMIGRATION 93 emigrate from t h e necessity of obtaining respectively marital or paternal authority ; it also empowers them to prevent the emigration of a minor or a young girl when they are of opinion that he or she may be the object of an immoral traffic. Colonies.—The exception in respect of emigration to certain countries with which emigration treaties have been concluded will be found under § 1, (a)The Decree of 14 October 1914 lays down (in section 83) t h a t in special cases exceptions may be allowed to prohibitions temporarily enforced in respect of emigration to certain Portuguese colonies; and further (in section 260) that, in pursuance of agreements entered into, emigration to South Africa and Rhodesia is subject to special regulations. RUMANIA.—Cf. under § 1, (h), the permission to emigrate granted to aged or infirm persons who can furnish proof that they have sufficient means of support. SPAIN.—Cf. under § 1, (d), facilities for fulfilment of their military service obligations offered to young men emigrating to Spanish-American countries. For exemptions from t h e necessity for women and minors respectively to obtain marital or paternal authorisation, cf. under § 1, ff) and (g). Cf. also under § 1, (g), the prohibition of emigration in the case of women who are suspected of being victims of the white slave traffic. SWITZERLAND.—Cf. under § 1, (h), the cases in which permission to emigrate may be granted to aged and infirm persons. U N I T E D STATES OF AMERICA : Porto Rico.—Cf. under § 1, (h), permission to emigrate granted in exceptional circumstances to aged persons accompanying their family. § 4 . — L e g i s l a t i o n r e l a t i n g to Clandestine E m i g r a t i o n In all times there have been emigrants who have endeavoured t o reach a country t o which t h e y wished t o go b y embarking clandestinely upon ships or trains which were just on the point, of leaving. As a rule, these emigrants were poor wretches without resources, who, having no means of meeting the cost of a journey t o some far country, endeavoured t o get there in the m a n n e r described. Once on board, and the ship making way, t h e y either concealed themselves in a n y odd corner, taking care t o avoid t h e captain's notice, and living upon a n y food given t h e m b y members of the crew (in which case t h e y were known as stowaways), or t h e y came forward and offered t o work their passage, i.e. t o give their services in return for their maintenance, a n d were then called "workaways". The offence committed b y t h e latter was considered t o be in the n a t u r e of fraud, and was dealt with b y t h e infliction of a not very heavy penalty. 94 THE RIGHT TO EMIGRATE AND RESTRICTIONS Of recent years, however, clandestine emigration has taken on a new aspect in consequence of the expansion of the practice of regulating emigration, as a result of which very strict conditions are imposed upon emigrants desiring to leave the country in which they are domiciled, as well as upon immigrants wishing to enter a foreign country. Those who take their chance of clandestine embarkation nowadays are no longer only the starving and penniless ; their ranks include many individuals who do not conform, or who fear that they do not conform, to the regulations in force; or who, desiring to enter the United States in defiance of the quota regulation's, endeavour to evade the formalities imposed, or who try to embark illicitly or to cross the frontier with a view to embarking in another country. Such persons often pay extremely high prices in order to ensure the assistance of needed accomplices. What is neither more nor less than a definite traffic in clandestine emigration has arisen on all sides, taking various forms; in some cases, emigration agents ensure the irregular embarkation of their clients upon recognised vessels ; in others, they facilitate the clandestine passing of the frontiers by indirect routes, or drive a trade in cleverly faked passports, contracts of employment or other documents. Many countries have taken very severe measures to put a stop to proceedings of this kind. Very severe penalties are inflicted upon clandestine emigrants, and the punishment of those who assist them is even heavier. Other countries, again, lay down strict regulations with a view to preventing their nationals from arriving at their destination by irregular or indirect routes. Certain offences may be considered as related to clandestine emigration. Thus, the almost universal obligation to carry a passport arises from the fact that it is almost universally forbidden to travel without one ; and this offence is dealt with more or less severely in all countries. Desertion, again, is strictly repressed by military laws; and while this is a matter which cannot be considered here, it naturally follows that the offence of clandestine emigration is aggravated by the fact that the delinquent is liable to military obligations, which differ with his age. Cases of the latter kind are the only ones which call for consideration in the following paragraphs. LEGISLATION RELATING TO CLANDESTINE EMIGRATION 95 BELGIAN MANDATED TERRITORY : Ruanda-Urundi.—Where a native is required to possess a passport in order t o leave the territory, i.e. in all cases other than t h a t of frontier traffic, it is forbidden under any circumstances or upon whatever pretext to take him out of the territory, or in any way t o assist him t o leave. Chapter X , § 5, gives a n account of the penalties incurred in such cases. (Decree of 19 July 1926, sections 2 and 13.) FRENCH MANDATED TERRITORY : Cameroons.—By the Decree of 9 July 1925, a native who endeavours to leave the territory without a personal authorisation issued by the French authorities, or without making the prescribed deposit, becomes liable t o a fine of from 50 to 500 francs 1, or to a penalty of from 5 days' to one month's imprisonment. AUSTRALIA.—The Navigation Act No. 4 of 1913 provides t h a t no person shall secrete himself or go to sea in a ship without the consent of some person entitled to give t h a t consent. BELGIUM.—The Act of 28 July 1923 lays down in section 1 t h a t a penalty of from 8 days' to 6 months' imprisonment and a fine of from 26 to 300 francs 2, or one of these penalties, shall be inflicted upon any person found to have embarked irregularly upon a Belgian ship in any place, or on board a foreign vessel in Belgian waters, as well as upon his accomplices. If it is impossible to put the delinquent ashore immediately, he shall be regarded as a member of the crew, compelled to undertake any duties allotted to him without payment; and shall be subjected to the disciplinary provisions applicable to the crew of the ship. CANADA.—The Merchant Shipping Act lays down in section 303 t h a t any person who secretes himself and goes to sea on board a Canadian vessel without the consent of her owners or those who are in charge of her shall be liable to a fine of up to 80 dollars 3 with imprisonment for a period not exceeding four weeks. CHINA.—Any agent secretly recruiting workers in violation of Emigration Regulations becomes liable to imprisonment with hard labour, together with a fine. (Regulation of 21 April 1918, section 17.) DENMARK.—By the Navigation Act of 1 May 1923, section 62, a seaman allowing unauthorised persons to hide on board a ship is liable to a deduction of from one t o seven days' wages. The Navigation Acts of Finland (8 March 1924), Norway (16 February 1923), and Sweden (15 June 1922) contain similar provisions. FRANCE.—The Act of 30 May 1923, relating specifically to this question, lays down that any person going on board a ship with the intention of undertaking a long journey fraudulently shall be liable to a fine of from 16 to 500 francs l together with imprisonment for a period of from six days t o six months. Accomplices of such offenders are liable to still severer punishment ; a person who, either on board ship or on land assists the embarkation or putting ashore of any clandestine passenger, or who hides or supplies food to any such passenger shall be liable to a fine of from 100 to 3,000 francs, together with imprisonment for a period of from six days to six months. I n case of a repetition of the offence, the penalty may be increased to a 1 2 3 One French franc = approximately 2d. One Belgian franc = approximately l'4d. One Canadian dollar = approximately is. Id. (28 Jan. 1928). 96 THE RIGHT TO EMIGRATE AND RESTRICTIONS fine of 10,000 francs with imprisonment for a period of two years. I n the case of persons having combined for the purpose of assisting clandestine embarkation, these penalties are doubled. The Act was extended to applv to the French Colonies by Decree of 1 July 1923, and to Algeria by Decree of 11 July 1824. Morocco.—The provisions of the French Act dated 30 March 1923 relating to clandestine embarkation on board merchant ships were promulgated in Morocco b y a D a h i r of 14 November 1923, and were subsequently incorporated in the Commercial Code, under section 279. Moreover, in order to put down the clandestine emigration of Moroccan workers into France—there are large numbers of native workers who endeavour to evade the regulations laid down by embarking outside the territory— Moroccan workers leaving for Tangier have to produce the same documents as those leaving for Algeria. Further, the authorities entrusted with frontier control are instructed to keep a strict watch over the movement of natives, and to turn back to their country of origin all those whose departure is not in conformity with the regulations. Instructions are also given t h a t the same documents shall be required a t Tangier as upon leaving the French zone of Morocco. Finally, in pursuance of an understanding arrived a t between the General Residency in Morocco, the General Government of Algeria and t h a t of Tunis, the same documents again are required to be produced by Moroccans embarking in Algerian and Tunisian ports with the intention of going to France. Permits to cross the Algerian frontier are only to be issued to natives with the greatest circumspection, and then only to those who have commercial or urgent family reasons for going to Algeria. Permits to cross the frontier for the purpose of so-called employment in the East Moroccan Zone are suspended. Upon arrival in France Moroccan migrants are again required to produce the documents referred to above. Falsification of contracts of employment and identity cards, in which a thriving trade used to be done by recruiters, is severely repressed. I n order to put a stop to the traffic in these contracts, numerous precautions are taken in the way of punching or stamping and visas. (Circulars No. 21 of 15 October 1923, No. 9 of 23 February 1924, and No. 15 of 7 March 1925.) GREAT BRITAIN.—The Merchant Shipping Act 1894 (section 237) provides t h a t if a person secretes himself or goes to sea in a ship without the consent of either the owner, consignee or master, or of a mate or of the person in charge of the ship, or of any other person entitled to give t h a t consent, he shall be liable to a ñne not exceeding £20 or to imprisonment with or without hard labour for a period not exceeding four weeks. Every person who goes to sea in a ship without such consent shall, so long as he remains in the ship, be subject to the same laws and regulations for preserving discipline, and to the same fines and punishment for offences constituting or tending to a breach of discipline as if he were a member of, and had signed the agreement with, the crew. Colonies.—The provisions dealing with clandestine emigration contained in the British Merchant Shipping Act are repeated in the Straits Settlements (Merchant Shipping Ordinance No. 125 of 1926, section 131), with a slight variation in the amount of the fine, which is $200 1 instead of £20. A similar provision for the Colony of Fiji is to be found in the Merchant Shipping Ordinance 1908 (section 237). I n Hongkong, according to the Stowaways Ordinance, 1924, any person found on board any ship in the waters of the colony, and attempting to obtain a passage therein without the consent of the owner, is considered a stowaway. Every such person may be arrested without warning by the 1 One Straits Settlements dollar = approximately 2s. 4d. (28 Jan. 1.928). LEGISLATION RELATING TO CLANDESTINE EMIGRATION 97 master or any member of the crew of the ship on which the offence was committed. Upon conviction such person shall be liable to a fine not exceeding f 1,000 1 , and to imprisonment for any term not exceeding nine months. In Jamaica the Emigrants Protection Act of 1924 lays down in section 12 that any person who shall attempt to proceed without a permit as a passenger to any approved place, or who shall obtain or attempt to obtain the permit either for himself or for any other person by any false pretence or shall use or attempt to use for the purpose of proceeding to any approved place any permit granted to any other person, shall be liable to imprisonment with or without hard labour for any term not exceeding three months. I n Trinidad and Tobago, according to the Merchant Shipping Ordinance 1916 (section 17, subsection 4), any person who travels or attempts to travel in any foreign-going passenger ship with intent to avoid payment of his fare shall be liable to a penalty not exceeding £10, or to imprisonment with or without hard labour for any term not exceeding three months. GREECE.—The penal and disciplinary code of the Merchant Marine dated IS December 1923 provides for a penalty of six months' imprisonment and a fine not exceeding 500 drachmas 2 to be inflicted upon the master of a vessel in which a passenger is found whose name does not appear upon the passenger list; if the stowaway in question is liable for the performance of military duties or is the object of criminal proceedings, the responsible master as well as other accomplices, whether actually on board the ship or not, shall be liable to a penalty of not less than two years' imprisonment. A person embarking upon a ship for the purpose of proceeding abroad without the knowledge of the master and without paying his passage is liable to a term of imprisonment not exceeding two months. The captain is authorised to put such person ashore in any port he may choose (sections 44 and 51). HAITI.—The Act of 28 February 1924 lays down in section 14 that an emigrant leaving or attempting to leave without a special passport shall be liable to a fine of from 200 to 400 gourdes 3 , or a term of imprisonment of from 10 days to 1 month, or both. The amending Act of 16 April 1924 lays down t h a t the master of a vessel who allows emigrants unprovided with the special passport prescribed by law to go on board, shall be liable to a fine of from 1,000 to 5,000 gourdes, with a term of imprisonment of from one to six months. I n such case, the agents of shipping lines, owners and consignees of vessels may be held jointly responsible. HUNGARY.—The Emigration Act of 1909 makes the offence of inciting a n unauthorised person to emigrate punishable by a term of imprisonment of from three to six months, with a fine of from 1,000 to 4,000 crowns {section 37). INDIA.—The Indian Emigration Act of 5 March 1922 lays down that any person who emigrates or attempts to emigrate except in conformity with t h e provisions of the Act or of the rules made under the Act, more especially any person who, except in conformity with those provisions, departs by land out of British India for the purpose of emigrating to a country beyond the sea, shall be punishable with a fine which may amount to 50 rupees 4 . Any person who induces, or attempts to induce, any person to emigrate under 1 One One 3 One 4 One 2 HougivOii3 dollar = approximately i s . 6d. Í28 J a n . 1928). drachma = approximately 0 - 7d. gourde = approximately lOd. rupee = approximately Is. 6d. <28 J a n . 1928). S 98 THE EIGHT TO EMIGRATE AND RESTRICTIONS such conditions shall be punishable with a fine, which may amount to 500 rupees. ITALY.—The consolidated text of the Emigration Act of 19 November 1919 recalls in section 8 that the Italian Penal 0 Code declares a person persuading an emigrant to embark clandestinely liable to a penalty of up to six months' imprisonment with a fine of 1,000 lire 1 . Section 68 of the same Act lays down that a person who induces or assists the emigration of one or more persons not complying with the conditions prescribed by laws and regulations, or who induces or assists emigration coming under a prohibition issued by the Ministry of Foreign Affairs by which emigration to some specific region is suspended, shall be liable to a penalty of up to six months' imprisonment, with a fine of from 100 to 1,000 lire. Finally, a person found in possession of a passport issued to another is liable to a fine of from 50 to 500 lire with a term of up to two months' imprisonment. For the Circular of 15 February 1926 relating to the suppression of clandestine emigration to the United States via Spain, cf. page 77. I t is laid down in the Legislative Decree of 6 November 1926 (section 160), t h a t a person attempting to leave the country clandestinely shall be punishable, if the motive was a political one, with not less t h a n two years' imprisonment and a fine of 20,000 lire, and in other cases by six months' imprisonment and a fine of 2,000 lire. Recourse may be had to the use of arms for the purpose of preventing persons from crossing the frontier a t other than authorised points. J A P A N : Korea.—An emigrant leaving the country without permission, or with permission obtained by illegal procedure or in defiance 2of an order suspending emigration is liable to a fine of from 5 to 50 yen . An agent entering into an emigration arrangement with or assisting the emigration of unauthorised persons, is liable to a fine of from 50 to 500 yen. (Emigrants Protection Act, 19Q6-1908, section XIV.) MEXICO.—Any person who acts as a go-between for the purpose of assisting wage-earners not in possession of the contract of work prescribed by law to emigrate, or who assists the emigration of workers under contract otherwise than in accordance with the provisions of the Emigration Act, is liable to a term of from one t o two years' imprisonment, and a fine of from 100 to 200 pesos s . Any master of a ship who allows passengers or members of his crew to embark in a Mexican port without complying with the formalities laid down in the Emigration Act is liable to a fine of from 100 to 1,000 pesos. Officials of the Emigration Service may require the assistance of the police for the purpose of preventing the departure of persons who have not complied with the provisions of the Act. (Act of 12 March 1926, sections 11, 93, and 96.) The same Act lays down in section 17 t h a t the Minister of the Interior shall take all necessary steps to prevent the emigration of Mexican workers in contravention either of the laws of the country to which they are going, or of Mexican laws ; and t h a t he shall, with t h a t object, set up both permanent and provisional supervisory services in whatever parts of the national territory he may think proper. PORTUGAL.—The Decree No. 5624 of 10 May 1919 declares that a person who emigrates, or attempts t o emigrate, clandestinely, shall be 1 One lira = approximately 2-7<3. One yen = approximately Is. lflèd. 3 One Mexican peso •=• approximately 2s. Id. 2 LEGISLATION RELATING TO CLANDESTINE EMIGRATION 99 liable to a fine of from 10 to 30 escudos and to a term of imprisonment of from 15 days to three months. Duly licensed emigration or transport agents abetting clandestine emigration shall be deprived of their licences and shall be liable to a fine of 500 escudos, with a term of from one to three months' imprisonment. Persons not possessing such licence and abetting clandestine emigration shall, in addition to the above penalty, pay twice the fee normally payable in respect of such licence (sections 22 and 41). The duty of repressing clandestine emigration is entrusted to officials of the Emigration Department, and to the civil, military, and fiscal authorities who have to verify passengers' papers. Section 69 of the same Decree empowers these officials to arrest any person not complying with the provisions of the Decree, and to hand him over to the General Emigration Department. Colonies.—Any person recruiting native workers with the intention of causing them to emigrate into a territory to which emigration is prohibited, and any accomplice of such person, is liable to a term of from one month's to one year's imprisonment and to a fine not exceeding 1,000 escudos 1 . Should the offender be a foreigner, he shall, after discharging his sentence, be expelled from the country. Natives who attempt to emigrate from a Portuguese territory whence emigration is forbidden shall be arrested wherever they are found without passports, and shall be reconducted to the district in which they live, where they shall be sentenced to the penalties laid down in local regulations. Should a clandestine emigrant return of his own accord, account shall be taken of the fact in inflicting the sentence. (Decree of 14 October 1914, sections 213 and 214.) SERB-CROAT-SLOVENE KINGDOM.—A passenger or emigrant attempting to embark with counterfeit or unsatisfactory documents shall be liable to a term of six months' imprisonment or a fine not exceeding 1,000 dinars 2. (Act of 30 December 1921, section 35, h.) SPAIN.—Emigrants embarking in contravention of the provisions of the law and found on board during a journey are handed over to the Spanish Consul at the first port at which the vessel calls ; and the shipping agents are obliged to repatriate them and provide for their needs during the return journey until their arrival in Spain. Once there, they are liable to all the penal and civil sanctions applicable to their offence. These conditions also apply if it appears that the master consented to the presence on board of the persons concerned, knowing them to be unprovided with tickets for the journey. In cases where it does not appear that the master connived at the offence, the offender must nevertheless be repatriated at the expense of the shipping company; but, in such circumstances, the master is entitled to make use of the offender's services during the time he is on board. Further, shipowners or consignees who enter into a contract to transport a person forbidden by law to emigrate, or who receive such a person on board their ships without a ticket for the journey, are declared to be guilty of an offence. (Emigration Act of 20 December 1924, sections 57 and 58, and Regulations relating thereto, sections 139 and 142.) 1 2 One Portuguese escudo = 2éd. One dinar = approximately 0-9d. 100 THE RIGHT TO EMIGRATE AND RESTRICTIONS § 5.—Special Legislation relating to Seamen The employment of seamen by a foreign undertaking may be assimilated to the emigration of persons who go to work temporarily in a foreign industrial or agricultural establishment, since seamen employed on board a foreign vessel come under the jurisdiction of the country whose flag she flies. Moreover, cases in which seamen employed on board a national vessel leave the said vessel in order to remain, after her departure, upon foreign territory may also be assimilated to emigration. Without entering, so far as the emigration of seamen is concerned, upon a detailed study of the regulations in force in each country, it would seem opportune to take a glance at some of the typical provisions laid down in relation to the two aspects of seafaring life just referred to. Furthermore, the engagement of foreign seamen for work upon a national vessel and the cases in which foreign members of a ship's crew remain upon the national territory after her departure may both be regarded as examples of immigration. Regulations dealing with questions of this nature will be found in Chapter I I I of Volume I I . ENGAGEMENT AND FINDING EMPLOYMENT The regulation of the engagement of seamen for work on foreign vessels 1, where it exists at all, is based upon varying principles. In some countries it comes under the ordinary rules for the engagement of seamen. For example, the Canadian Merchant Shipping Act declares in section 322 that, apait from contractual piovisions laid down in the treaties, the general provisions governing the engagement of seamen shall apply to foreign vessels shipping a crew in Canada. Specially strict provisions sometimes exist in respect of the engagement of Asiatic and African seamen to serve on foreign vessels. The Indian Merchant Shipping Act of 2 April 1923, 1 In the study issued by the INTERNATIONAL LABOUR OFFICE entitled Seamen's Articles of Ayreement (Studies and Reports, Series P., No. 1), Geneva, 1926, extracts are given from maritime laws and regulations of various countries, relating to the engagement, dismissal, and repatriation ol seamen. ENGAGEMENT AND FINDING EMPLOYMENT 101 consolidating enactments relating t o Merchant Shipping, requires t h e master of a foreign vessel engaging a native seaman in any port in British India t o enter into and sign an agreement with the seaman in the presence of a competent authority, and moreover t o give a bond with the security of some approved person resident in India for the sum of 100 rupees for the due performance of such agreement, and for the provision of a n y assistance which m a y be required by the seaman should he be discharged or left behind at any port out of British India (sections 30 and 38). The same Act provides further t h a t the Local Government of an Indian port may, b y order in writing, forbid any person from engaging in the territories subject t o the said Government any native of India t o serve as a seaman on any ship specified in such order (section 40). Similar provisions relating to the employment of native seamen on foreign vessels are in force in the Belgian Congo (Decree relating t o the Emigration of Blacks, 14 August, 1923), as also in a certain number of British colonies (Barbados : Repatriation Act of 1923; Fiji : Emigration Ordinance of 1892; Trinidad and Tobago : Merchant Shipping Act, 1917; Saint Lucia : Foreign Ships Ordinance, 1924; Straits Settlements : Merchant Shipping Ordinance, 1926). Several laws and regulations specify t h a t an agreement can only be entered into b y the master of the vessel personally, or at all events b y one of the ship's officers, e.g. in the Straits Settlements. I n some countries engagement is only permitted on board ships flying the flag of the mother-country or of a country which is represented in the colony in question by a consul {Hongkong, Merchant Shipping Ordinance, 1899). I n several French colonies, the engagement of natives for work on board a foreign vessel is subject t o conditions very similar t o those which regulate the engagement of other workers for employment abroad, e.g. the captain must deposit security, just as an employer is required t o do, and must undertake t o repatriate the native upon the termination of his contract (French West Africa, Order issued b y the Governor-General on 4 March 1926 in virtue of powers accorded t o this effect b y t h e Decree of 25 J u l y 1925; Somali Coast, Order of 6 September 1920, amended in 1924). I n these same colonies the conditions of employment of natives on board French vessels differ noticeably. 102 THE RIGHT TO EMIGRATE AND RESTRICTIONS I n West Africa, particularly, such employment is subject (like the embarkation of seamen, who are natives of the mother-country, in the national navy) t o registration of the seaman b y t h e Office for Maritime Registration (Bureau de l'inscription maritime) and t o the issue of a navigation book (livret de navigation). Very frequently, police formalities imposed for the purpose of leaving the territory are simplified in the case of seamen leaving upon termination of their agreement. For example, t h e y are not required t o obtain a passport. Sometimes, however, when t h e engagement contracted necessitates their being taken t o a foreign port, they have t o be provided with various papers (police and military certificates) which are required for nationals leaving the territory. This is the case in Finland, in accordance with the Passport Order of 15 December 1923. The finding of employment for seamen is effected either by private employment offices, with all the inconveniences attaching - t o finding employment as a commercial enterprise, or b y official employment exchanges, which often constitute specialised services for this purposes, e.g. the Commercial Employment Exchange at R o t t e r d a m ; or, again, by joint organisations of shipowners and seamen. As there are very few occupations which are so essentially international as t h a t of the seaman, the International Labour Conference at its Second Session (Genoa, 1920) adopted a Draft Convention laying down international regulations for finding employment for seamen, in order t o guard against the abuses resultant upon the placing of seamen b y private agencies *. SEAMEN REMAINING IN A FOREIGN COUNTRY On the other hand, various measures exist t o deal with the case of seamen who, having been engaged in a national port* leave their ship in a foreign port. There are several different cases t o be considered. (a) Expiration of engagement while abroad.—If the seaman's contract of employment is for a fixed period, such period may 1 Cf. Volume III, Chapter IV. SEAMEN REMAINING IN A FOREIGN COUNTRY 103 expire before the vessel completes her voyage. The French Maritime Act of 13 December 1926 provides t h a t in such case the engagement shall be prolonged until arrival in a French port, if the vessel is due t o return t o France within one month from the expiration of the contract of employment (section 94). I n a similar case, the Spanish Act of 26 March 1925 lays down t h a t the contract shall be extended until the arrival of the vessel in the port stated in the contract as t h a t t o which the seaman shall be taken back at the expiration of his engagement (sections 3 and 4), unless the vessel previously touches at a Spanish port and, upon the request of either p a r t y t o the agreement, the seaman is repatriated from such port b y some other means, at t h e expense of the shipowner. When the engagement is not for a fixed period, several Maritime Acts provide t h a t the contract m a y only be cancelled b y either p a r t y in a national port of call (Denmark, Act of 1 May 1923; Finland, Act of 8 March 1924; Norway, Act of 16 February 1923; Sweden, Act of 15 J u n e 1922, sections 2 a n d 13). However, the same Acts lay down t h a t if a seaman's engagement is prolonged after the expiry date the contract may, during the term of such prolongation, and after due notice has been legally given, be cancelled b y either p a r t y in a foreign port. Nevertheless, if the law or the local authorities in the said foreign port where the seaman is t o be put ashore forbid him t o land or make his admission subject t o the deposit of security which the seaman cannot give, the latter must continue his duties on board the vessel until she reaches a port where he can be put ashore (section 17). (b) Discharge while abroad.—The discharge of a seaman while in a foreign country is regulated in accordance with varying principles; the Belgian Commercial Code of 1908 lays down t h a t a master may in no case discharge a seaman in a foreign country (section 107); the German (Seamen's Act of 1902, section 83), British (Merchant Shipping Act of 1906, section 30), and French (Act of 13 December 1926, section 95) laws prohibit the discharge of a seaman under such circumstances except with the consent of the Maritime authorities. The Canadian Merchant Shipping Act lays down t h a t every master of a foreign sea-going ship who discharges a seaman without previously obtaining the sanction of a competent British 104 THE BIGHT TO EMIGRATE AND RESTRICTIONS official or leaves a seaman behind without due cause is guilty of an indictable offence (sections 265 and 266). I n cases where discharge is permitted, a seaman discharged in a foreign port must, in accordance with the provisions of section 39 of the French Act, be repatriated a t the expense of the shipowners t o the port in which he was engaged, unless he has been discharged for insubordination. According t o German law, a seaman discharged without due cause is entitled t o the payment of his passage home and also t o payment of his wages during the return journey, in conformity with calculations made in agreement with a scale fixed b y law (sections 72 and 73 of the Seamen's Act of 1902). The Danish, Finnish, Norwegian and Swedish laws indicate certain specific circumstances in which discharge is permissible without payment of the seaman's passage home; in all other cases, repatriation of a discharged seaman must be undertaken at the shipowner's expense, and payment of the seaman's wages must continue during t h e return journey, a minimum period varying with his grade being stipulated. The British Act of 1906 lays down in section 32 t h a t , except in t h e case of a foreign seaman who has been shipped a t a port out of the United Kingdom, the master of the ship shall make adequate provision for his maintenance and return t o a proper return port (a definition of which is given) unless the seaman has been guilty of barratry. (c) The French Act of 1926 lays down t h a t , if a seaman is discharged at an intermediate port after résiliation of the contract by common agreement between the parties, the expenses of repatriation m a y be borne by either of t h e m in accordance with the decision t o which t h e y may come. (d) I t sometimes becomes necessary t o p u t a seaman ashore owing t o his condition of health, if he has contracted a disease or met with an injury calling for treatment in a hospital ashore. In such case various measures are taken t o ensure him the necessary care and attention during his illness in a foreign country, and for his subsequent repatriation. The Danish, Norwegian, and Swedish Acts already cited stipulate in section 27 t h a t the master of a ship shall hand the sick m a n over t o a national consul, or, if there is no national consul a t t h e port shall have him placed in hospital and shall inform the nearest national consul of t h e steps taken. I n general, maritime laws provide SEAMEN REMAINING IN A FOREIGN COUNTRY 105 t h a t the seaman's wages shall continue t o be paid during a certain period fixed in each case—usually three or four months. The Netherlands Commercial Code lays down in section 426 t h a t under such circumstances t h e wages must be paid until t h e seaman returns after recovery t o the place from which he originally sailed. Expenses of hospital treatment and subsequent repatriation following recovery from illness or healing of the injury have as a rule t o be borne b y t h e owner of the vessel, if the case is one of fortuitous illness or accidental injury. When, however, illness or accident is the result of deliberate intention on the seaman's part, he has t o bear the expenses thereof himself (cf. the Danish, Finnish, French, German, Norwegian, and Swedish Acts already cited). But the Danish, Norwegian, and Swedish Acts specify t h a t if an opportunity occurs of finding work for the seaman on board a ship which is going t o his country of origin or t o a port near it from which it would be easy to repatriate him, t h e seaman must accept t h e employment offered if his physical condition is such as t o enable him t o perform the work, and provided t h a t the position available is not inferior t o t h a t previously held by him on the vessel t o which he belonged (section 28). The Danish, Norwegian, and Swedish Acts provide t h a t , if a sick or injured seaman has t o be left in a foreign country, the sum required t o cover the expenses of treatment, maintenance, and repatriation of the seaman shall be handed t o the national consul b y the master of the vessel. An inclusive sum is fixed for this purpose in the case of French vessels, in accordance with an official tariff (cf. the Act of 13 December 1926). In the Scandinavian laws previously referred to, it is further provided t h a t for certain specific diseases the expenses of hospital treatment and accommodation and of t h e passage home are t o be borne by the State (section 28). The same laws provide t h a t special rules shall be drawn u p for cases in which a seaman has been shipped outside of European waters. If a sick or injured seaman is put ashore and left in a foreign country without resources sufficient to provide for his care and repatriation, the Greek Penal and Disciplinary Code of t h e Mercantile Marine, dated 13 December 1923, section 44, lays down t h a t the master shall be liable t o detention and a fine; while the Brazilian Regulations relating t o Harbour Authorities, 1925, stipulate t h a t the master of a ship leaving a member of the crew 106 THE EIGHT TO EMIGEATE AND EESTEICTIONS in such circumstances shall be fined, in addition t o having t o pay the full amount due for wages, medical assistance, maintenance and repatriation (section 577). (e) Cases m a y occur in which a ship is lost owing t o mishap outside national waters. Most maritime laws lay down t h a t in such circumstances the repatriation of distressed seamen who either are nationals or were employed on board a national vessel, together with their maintenance, shall be provided for by the State in cases where the master or owner of t h e vessel is not in a position t o d o so. However, should a n opportunity arise t o provide the seamen with suitable employment on board a vessel bound for the country t o which they are to be repatriated, this method of repatriation may be adopted (for instance, Germany, Seamen's Act, 1902, section 79; Great Britain, Merchant Shipping Act, 1906, sections 41 t o 46; Danish, Finnish, Norwegian a n d Swedish Maritime Acts already cited, section 41). A large number of bilateral treaties and an International Labour Convention have been concluded with reference t o the assistance t o be afforded t o distressed seamen (cf. Volume I I I , Chapter IV). (f) Desertion is an offence against discipline which is punished b y all maritime laws. When desertion takes place in a foreign country, the fact then constitutes a kind of clandestine emigration, which is checked b y both the countries concerned. Moreover, in m a n y cases t h e country t o which t h e vessel belongs regards desertion abroad as a specially grave offence, e.g. in Belgium, where the Maritime Disciplinary a n d Penal Code of 1849 in sections 18 and 19 draws a further distinction between desertion taking place in a European country a n d desertion in a country outside Europe. I n Italy (Mercantile Marine Regulations, section 265), and Greece (Decree cited, section 30), t h e penalty is doubled; in Spain, the Decree of 21 J u n e 1923 approving the Draft Penal Act for the Mercantile Marine lays down in section 46 t h a t a seaman who absents himself from his ship in a foreign port is guilty of the crime of desertion. The majority of existing consular regulations include among the foremost duties of a consul t h a t of affording the needed assistance t o the masters of national vessels for t h e purpose of recovering seamen who have deserted abroad; and consular agreements provide in such cases for assistance of the authorities in the country where desertion has taken place. SEAMEN REMAINING I N A FOREIGN COUNTRY 107 (g) Finally, maritime laws sometimes make provision for cases in which the vessel changes her nationality in consequence of a change of ownership. The German, Danish, Finnish, Norwegian, and Swedish Acts above referred to stipulate that in such cases the seaman shall be entitled to claim his discharge together with compensation for the loss suffered by him, such compensation to be sufficient to cover repatriation to the port stated in his agreement, maintenance during the journey, and his wages for a stipulated period which varies according to his grade on board K 1 A Spanish Decree, received too late for the relevant passages to be indicated here, lays down several tresh restrictions on the right to emigrate. An analysis is given in Supplement II ; the principal matters therein referred to relate to the emigration of minors, women, unskilled workers, and persons previously repatriated, as well as to repatriation itself. 108 EMIGRATION SERVICES CHAPTER IV EMIGRATION § 1.—Official SERVICES Departments The enforcement of the laws and regulations regarding the supervision of emigration and the protection of emigrants is carried out in the various countries b y administrative methods which, when considered as a whole, m a y be included in one or other of the t w o following systems. Either the various administrative measures governing emigration are executed b y the ordinary government departments, work being found for emigrants abroad through the medium of official employment offices, and passports issued b y the competent Government department, or the various duties connected with emigration are entrusted t o special emigration services which are attached t o one of the Government departments or are simply supervised b y one of these and enjoy more or less complete autonomy. The creation of special departments uniting t h e various emigration services under a single management is n o novelty. The extension of this system is due t o t h e increasing complexity of emigration laws which has made it desirable t o set u p , in countries where large population movements take place, special administrative departments t o secure t h e proper enforcement of legislative measures. At the present time, however, there is a general tendency t o reduce the autonomy of these departments. Generally speaking, their duties are t o supply prospective emigrants with precise information on all questions affecting them, t o regulate the recruitment of nationals for abroad and even t o take steps t o find t h e m employment there, t o supervise the operations of transport agencies, t o establish a control in the OFFICIAL DEPARTMENTS 109 ports and stations of departure by inspecting concentration centres and emigrant ships, t o secure protection for emigrants during the voyage, and even abroad, and t o guarantee favourable conditions for emigrants retarning and re-settling in their native country. Where no central emigration services exist, ordinary administrative officials are generally entrusted with one or other of these duties. Thus it is t h a t the inspection of emigrants a t points of departure is sometimes carried out b y the police or the port sanitary authorities, the protection of emigrants abroad b y consuls, etc. The executive services are frequently aided in their work b y advisory bodies whose d u t y it is t o establish contact between the legislative or executive authorities and persons affected by the legislation and administration of the public authorities. These advisory bodies are, as a rule, composed of competent persons representing various interests, and their opinions carry weight in the emigration policy of the Governments a n d help t h e m t o make decisions founded on actual requirements. A special emigration budget is often constituted t o cover the cost of the emigration services and an emigration fund set u p t o feed this budget, which does not derive its resources from the general resources of the State budget. As a general rule this fund is supported b y the persons and institutions concerned, b y t h e emigrants who benefit from the special protection afforded b y the emigration services which «ire extended t o t h e m even when they have settled in other countries and have ceased t o pay taxes in their native land, and b y the emigration and transport companies which make considerable profit from migration movements, while causing heavy expenditure for the emigration authorities for the supervision of their activities. The main revenue of the emigration funds is derived from taxes on passports and passage tickets, the annual fees paid by emigration agencies and transport companies, and from fines inflicted for infringements of the emigration laws. In some cases this revenue is further increased by Government subsidies, gifts and from certain other more or less insignificant sources which will be mentioned for each country in our study of the administrative organisation of emigration. I n any case whether a separate emigration budget exists 110 EMIGRATION SERVICES or not, there are a number of taxes resulting from emigration which, paid into the Treasury, help to cover the cost of the official departments entrusted with the enforcement of the emigration laws. Attention should also be drawn, when considering emigration departments, to those institutions which are set up for the development of colonisation and of national industry abroad, and, in particular, to the credit institutions which provide the necessary resources for the foundation of agricultural or manufacturing enterprises capable of giving employment in the colonies or abroad to the excess labour in the home countries. In describing the organisations particular to each country, the iollowing four subdivisions will be made : (1) Administrative services (commissariats) and emigration offices, or competent Ministries and departments; (2) Advisory organisations (councils and committees); (3) Special emigration funds and emigration budgets; (4) Colonial and other institutions. FRENCH MANDATED TERRITORY : Syria and Lebanon.— Administrative Services. Order No. 2975 of 4 December 1924 stipulates t h a t the Governments of the States shall nominate, in all districts where their services are required, special emigration commissioners, whose duties will be defined by the Order appointing them. These commissioners will be required to supervise the observance of the regulations and to supply requisite information to all persons concerned. Notice of their appointment is to be given to the High Commissioner (Direction de la Sûreté générale) with the shortest possible delay. AUSTRIA.—Administrative Services. According to Act No. 277 of 21 July 1925 on the administrative organisation of the Austrian Republic (Chapter 2, section 17), the Chancellery of the Austrian Confederation (Bundeskanzleramt) is the sole legal authority competent in emigration matters; in exceptional cases, however, the Chancellery may co-operate in such matters with the Minister of Social Welfare. The Chancellery is entrusted with issuing licences to companies engaged in recruiting and transporting emigrants, and to agencies for the sale of steerage and third-class tickets. I t also maintains contact with migration offices in other countries. The Chancellery is further required to afford protection to emigrants by preventing illegal propaganda respecting emigration and by prosecuting shipping companies and their agents guilty of abuses. These duties are carried out through the medium of the administrative departments and the police. % The Information Office for Emigrants (Oesterreichische Auskunftsstelle für Auswanderer) attached to the Chancellery is especially responsible for supplying intending emigrants with all requisite information. The protection of emigrants abroad is left to the consuls. BELGIUM.—Administrative Services. As the result of the reorganisation of the Ministry of Foreign Affairs, the supervision of emigration has OFFICIAL DEPARTMENTS 111 been entrusted, since December 1925, to the Directorate of Belgian Interests Abroad and Communications, one of the four new directorates set up a t that time. In practice this supervision is exercised by the Government Emigration Office (Commissariat du Gouvernement pour VEmigration) a t Antwerp, t h e functions of which were defined by the Act of 14 December 1876 and t h e Royal Order of 25 February 1924. The officials, appointed by the King on the nomination of the Ministry of Foreign Affairs, are placed under the direct order of the Governor of the province. The Emigration Commissioners are required to supervise the enforcement of transport regulations, to be present at stations during the arrival of emigrants and to exercise control over emigration agents ; to carry out the same duties on board ships ; to inspect emigrants'quarters on land and to issue permits for housing emigrants; to verify transport agreements and ensure help and protection for emigrants ; they may also be sent abroad on a supervisory mission. The Emigration Office is assisted in its supervision of the measures laid down by a medical service, which is entrusted with safeguarding public health by preventing, as far as possible, all contact between emigrants and the general public. The doctors attached to this service supervise the sanitary measures which precede embarkation, and inspect the emigrants' hotels, bringing all breaches of the regulations to the notice of the Commissioners. They are also responsible for the medical inspection preceding embarkation. An office for the collection of information respecting emigration has been set up in the Directorate of Commerce and Consulates (Ministry of Foreign Affairs) (see Chapter V), while official information offices, established in the chief towns of the provinces, provide intending emigrants with information concerning conditions and possibilities of emigration received from the Directorate. Advisory Bodies. There is also a Committee of Inspection which consists of ten members appointed by the King, on the nomination of the Minister of Foreign Affairs, from among the Ministries and departments concerned (Foreign Affairs, Shipping, Municipal Councils, Railway Administrations, etc.). The duties of this Committee are both judicial and consultative. I t is required to bridge over the difficulties and settle in an amicable manner all disputes arising from contracts to transport emigrants, to give its advice as to the grant or withdrawal of permits to recruit or transport emigrants, and to supervise the observance of the formalities laid down concerning the compulsory insurance of emigrants by transport undertakings. (Regulations of 25 February 1924, sections 2 and 3.) BULGARIA.—Administrative Services. attached to the Ministry of the Interior. An emigration department is CHINA.—Administrative Services. The Emigration Bureau centralises the various departments concerned with the recruitment of workers for abroad. I t issues general licences for the opening of recruiting agencies and the special licences necessary for the transport of each separate convoy, sanctions contracts of employment other than those concluded by the Government, nominates persons for appointment by the competent Minister as emigration commissioners abroad and receives reports from these officials, and from the local authorities in charge of the recruitment of emigrant workers. I t is also responsible for the collection of the emigration tax, and acts as intermediary for the transfer of the deductions made from the emigrant's wages to his family in China. (Labour Emigration Act of 21 April 1918 and Labour Recruiting Agency Regulations of 21 April 1918.) CZECHOSLOVAKIA.—Administrative Services. Under the Emigration Act of 15 February 1922, the Minister of Social Welfare, in consultation 112 EMIGRATION SERVICES with the other Ministers concerned, is responsible for the administration of the regulations respecting emigration (section 49). The Act empowers the Minister to establish the requisite organisations for the protection of emigrants, both in the Czechoslovak Republic and abroad (section 4). In virtue of these powers, a special section has been set up in the Ministry of Social Welfare to draw up emigration statistics, to collect information on the subject, to supervise and control transport companies, to issue passports to emigrants, etc. The section of the Ministry in charge of workers' welfare is likewise competent to organise the recruitment of workers for European States; as regards agricultural workers, the section works in conjunction with the Ministry of Agriculture. The Ministers of Foreign Affairs and Education are responsible respectively for the protection of Czechoslovak nationals abroad and their education, while the Director of Police undertakes the prosecution of clandestine emigrants and fraudulent agents. To prevent any overlapping in the emigration services an Inter-departmental Committee for Emigration and Colonisation has been formed, in which all the competent departments are represented. (Communication to the International Labour Office, 21 December 1926.) Advisory Bodies. Administrative regulations promulgated on 8 J u n e 1922 provide for the institution of a Permanent Emigration Committee attached to the Ministry of Social Welfare. This Committee is required to give its advice on all questions appertaining to emigration, immigration and "re-emigration". It consists of workers' and employers' representatives, experts in migration questions and representatives of transport companies, philanthropic societies, the State Office for Agricultural Reform, the Statistical Office, the Shipping Board, and all the various Ministries. (Administrative Regulations No. 170, of 8 June 1922, sections 46-50.) DENMARK.—Administrative Services. There are no special services for the control of emigration. The Acts of 1 May 1868 and 25 March 1872 empower the Minister of Justice to grant transport companies permission to transport emigrants. The supervision in Danish ports and the protection of emigrants during the preparation for the voyage are entrusted to the police. Protection of emigrants abroad, both in the ports of call and arrival and in the immigration countries, is guaranteed by the consuls, who are likewise empowered, in virtue of consular instructions of 18 January 1912, to help, when requested, to place emigrants in employment in the countries to which they are accredited, and to forward to Denmark all information in their possession regarding the legal conditions governing emigration into those countries. They are, however, forbidden to encourage emigration in any manner whatever. In 1922 an official emigration information office was organised in the Ministry of Foreign Affairs. DANZIG, F R E E CITY OF.—Administrative Services. I n virtue of the Paris Convention of 9 November 1923 and the Declaration of July 1923 * fixing certain points of detail, the Port of Danzig, to which Poland has free access, is administered by an international body, the Council of the Port of Danzig, which is composed of equal numbers of Danzig and Polish Government representatives. Health and emigration questions are within the competence of the Council. On the constitution of Danzig as an international port, the Polish Government set up a limited company to deal with all matters concerning emigration and immigration from and to Poland, but as a result of the 1923 agreement, the capital of this company was increased so as to allow the participation of Danzig capital in proportions determined bv the two Governments. 1 L E A G U E O F NATIONS : Document C 579, 1923/1. OFFICIAL DEPARTMENTS 113 FINLAND.—Administrative Services. The Emigration Bureau attached to the Legal Section of the Ministry of Foreign Affairs is specially responsible for assisting emigrants in operations of a private character, such as the forwarding of the emigrant's savings to his family, transmission of pensions, etc. I t is also responsible for assisting emigrants to return to Finland. (Order respecting the organisation of the Ministry of Foreign Affairs, 31 January 1923, section 4.) FRANCE.—Administrative Services. The Decree of 15 March 1861 provides for the nomination, in places where the Minister of the Interior considers it necessary, of special commissioners, acting under his authority, to supervise emigration and to secure the enforcement of provisions laid down by the law of I860 and regulations (section 1). I n ports where such commissioners are not appointed, the port officials and police authorities are required to carry out their duties (Instructions of 22 May 1861 for the use of port and police officials, in connection with the enforcement of emigration regulations). The emigration services have nowadays lost much of their importance as the result of the large decrease in the number of emigrants proceeding to foreign countries. At the same time, emigration towards the colonies is of considerable importance, and special services have been set up in connection with it. Colonial Departments. The Office of the General Government of Algeria, the Office of the Shereeflan Government and of the French Protectorate in Morocco, the Office of the Government of Tunis, the General Agency (Agence générale) of the Colonies (Ministry for the Colonies), and the economic agencies created by the General Governments of Indo-China, Madagascar, French West and Equatorial Africa—organisations maintained in the motherland by the colonies and protectorates concerned—provide Frenchmen who intend to settle in these different countries with the necessary information concerning agriculture, trade, industry, and the conditions of work. The Office of the General Government of Algeria was founded in 1892 on the recommendation of the Budget Committee of the Chamber of Deputies, with a view to developing the colonisation of Algiers by people of French nationality. It organises publicity campaigns on as large a scale as possible, to bring to the knowledge of the public the advantages bestowed by the Algerian administration on settlers. I t gives precise and detailed communications as to the places which have been, or may be, opened up, on the available resources, and on the kind of work t h a t can be undertaken in the districts open to colonisation. During recent years, as a result of the growth of the colonisation movement in Morocco, the Morocco Office has greatly increased its activity, and is doing all in its power to render similar services to the public. Colonies. As a result of the extension to the colonies of the Emigration Act of 1860 and its administrative regulations, emigration commissioners have been appointed in the embarkation ports, where the need of their services has been felt, to supervise emigration. The appointment of emigration commissioners and officials entrusted with the inspection of emigrant vessels is made by the Governor of the colony, who is likewise competent to issue permits to recruiting and transport agents, to fix the deposit which has to be made by such agents, and to take legislative action for the enforcement of measures concerning emigration. GERMANY.—Administrative Services. Although the administrative services are not centralised under one department, the Federal Emigration Bureau (Reichsstelle für das Auswanderungswesen)is to all intents and purposes the official emigration authority. The main duties of this Office, which is attached to the Ministry of the Interior and Foreign Affairs, include the collection of information on emigration (see Chapter V) and the supervision of private emigration societies. In virtue of an Order of 29 March 1924 it replaces the former Federal Migration Office (Reichswanderungsamt) 9 114 EMIGRATION SERVICES whose functions were somewhat wider. The protection of emigrants abroad is generally left t o t h e consuls, b u t in Argentina a n d Mexico there are special emigration commissioners. Advisory Bodies. An advisory Emigration Committee (Auswanderungsbeirat) was set up by the Emigration Act of 9 June 1897, being subsequently reorganised by Decree of 14 February 1924 as regards the composition and the procedure of appointment of its members. The present Committee, which consists of a maximum of twenty members appointed by the Government, must include representatives of the legally recognised philanthropic societies for t h e assistance of emigrants, persons having special knowledge of the immigration countries and representatives of t h e emigration companies. I t is required t o advise t h e Government regarding the proper application of the emigration laws. Emigration Fund. The expenditure of the emigration services is covered in Germany by the ordinary budget. GREAT BRITAIN.—Administrative Services. The work of regulating and controlling emigration in Great Britain is performed by two separate Government departments, the Dominions Office and the Board of Trade. Broadly speaking, the first of these affords the migrant advice and assistance, and the second protects him while he is actually on the voyage. The Oversea Settlement Committee was constituted in 1918 in accordance with t h e recommendations made by t h e Dominions Royal Commission (Cmd. 8462), and t h e Empire Settlement Committee (Cmd. 8672). The office of the Committee, the Oversea Settlement Department, forms a subdepartment of the Dominions Office, and t h e president of the Committee is t h e Secretary of State for Dominion Affairs. At first t h e Committee was known as t h e "Government Emigration Committee", but its name was changed to the "Oversea Settlement Committee" with a view to bringing out t h e distinction between settlement overseas within t h e Empire with which t h e Committee is principally concerned, and emigration t o foreign countries *. The Oversea Settlement Department replaces the Emigrants' Information Office which was established by the Government in October 1886 for t h e purpose of supplying intending emigrants with useful and trustworthy information respecting emigration t o the British colonies. I t collects and distributes information on conditions of emigration. I t publishes handbooks on emigration t o different countries which are distributed free or a t a small charge, and also a periodical The Oversea Settler, which gives information on settlement in the British Empire. I t also gives advice to intending emigrants individually, by means of personal interviews or by correspondence. Originally t h e scope of the Department was confined t o t h e British Dominions and t o those colonies only which were outside the tropics and are fields of emigration in the ordinary sense. Subsequently it became necessary t o widen the scope and to give information (though more limited in extent) not only as t o certain tropical colonies, but also as t o various foreign countries. I t was also found desirable t o issue warnings in certain cases 2. The women's branch of t h e Oversea Settlement Department is the Society for the Oversea Settlement of British Women, which not only acts as a n advisory body t o the Committee on the oversea settlement of women, but also carries out the policy of the Committee with regard to the emigration of women 3 . (See Chapter IV, § 2.) 1 2 3 Q E E A T B R I T A I N : The Dominions Ibid., p . x x . Office and Colonial Office last, 1926, p . x x . S O C I E T Y F O R T H E O V E R S E A S E T T L E M E N T O P B R I T I S H W O M E N : Sixth 1925, p . 5. Annual Report, OFFICIAL DEPARTMENTS 115 The Empire Settlement Act of 1922 empowered the Secretary of State to associate with the Government of any part of the Dominions or with any approved private organisation to formulate and carry out agreed schemes of assistance to emigrants, and the Oversea Settlement Committee is the organ of the British Government for the administration of such schemes. All schemes submitted by the various migration societies are considered by the Committee and precautions are taken to prevent overlapping. The employment exchanges distribute official publications on the conditions prevailing in different parts of the Empire and inform prospective emigrants of favourable openings. Representatives of the Dominions and colonies in England also provide intending emigrants with information. The duty of seeing that the provisions of the Merchant Shipping Acts of 1894 and 1906, which include clauses for the protection of emigrants, are carried out, is placed on emigration officers and assistant emigration officers, who are appointed by the Board of Trade, and act under the direction of t h a t Department. These appointments are all held by members of the Board's regular survey staff; the principal officers in charge of the nine districts into which the United Kingdom is divided for ship inspection purposes, hold appointments as emigration officers, while other members of the survey staff at the principal ports hold appointments as assistant emigration officers 1 . The emigration officers, with such members of the survey staff as are selected for the duty, are responsible for the adequate surveying of the emigrant ships under sections 289 and 295-300 of the Merchant Shipping Act of 1894. They must see that a competent surgeon is carried on every emigrant ship before it sails (section 303). They must also satisfy themselves as to the quality and quantity of the provisions carried. Steerage passengers are inspected on behalf of the emigration officer by a sanitary surveyor or other medical officer appointed by the Board of Trade (section 303) 2 . Advisory Bodies. I t is the function of the Oversea Settlement Committee to advise and assist the Government, and more particularly the Secretary of State for Dominion Affairs upon all matters connected with migration and settlement within the Empire and with migration to other countries 3 . Emigration Fund. I n Great Britain there is no regular fund for the assistance of emigration, but the Empire Settlement Act of 1922 stipulates t h a t the sum of £3,000,000 a year may be paid by the Secretary of State out of the moneys voted by Parliament towards the expense of schemes of assisted emigration under the Act. In no case may the contribution of the British Government exceed half the expense of the scheme, and every scheme must be approved by the Treasury. I n actual fact, the amount of money paid in any year by the British Government under the Act has never reached this maximum. Under the Poor Law Amendment Acts of Great Britain (dating from 1834 and 1844) the ratepayers of any parish may direct sums of money to be raised as a fund for defraying the expense of the emigration of poor people in the parish willing to emigrate. Colonies : Malta.-—Administrative Services. The Emigration Department was created in 1922 to replace the former Emigration Committee which was dissolved on 9 November 1921. This Department is under the immediate direction of the Head of the Ministry. The Minister 1 G R E A T B R I T A I N , BOARD O F T R A D E : Instructions relating to Emigrant Ships, 1920. *Ibid., p p . 7, 13, 30-31, 35. 3 G R E A T B R I T A I N : Report of the Oversea Settlement Committee for the Tear ending 31 December 1922, Od. 1804, p . 3. 116 EMIGRATION SERVICES of Industry and Commerce may, however, sometimes act as Minister of Emigration by a special delegation of powers. The Emigration Department has to manage and supervise Maltese emigration, supply emigrants with information and take the necessary measures to secure as far as possible that only emigrants admissible in the country of immigration concerned shall be allowed to leave the islands. I t is also entrusted with drawing up emigration statistics. The Emigration Department is directed by the Superintendent of Emigration, and its staff includes medical inspectors for the medical supervision of emigrants. Emigration Fund. The expenditure of the emigration services and the cost of the various forms of assistance given to emigrants are covered by a special item in the State budget. (Report on Emigration and. Unemployment Presented to Government on 9 September 1926 by the Superintendent of Emigration, Malta.) GREECE.—Administrative Services. The supervision and administration of the services dealing with emigration and departures for foreign countries are placed under the direction of the Ministry of the Interior, and entrusted to a department of this Ministry under the Director of Public Aid and Public Health. At the Piraeus, at Patras, and in other towns determined by Royal Decree, there are emigration offices, including as a rule a section dealing with departure for foreign countries. These offices are attached to the Prefectures at emigration ports, with the exception of the emigration office at the Piraeus, which is directly under the Emigration Department of the Ministry of the Interior. The work relating to emigration and to departure for foreign countries, and that of the Prefecture, may, on the advice of the prefect and with the approval of the Home Secretary, be concentrated in the above-mentioned offices. Officials of the emigration offices are chosen from among the staff of the Ministry of the Interior; police officials and marines are attached to these offices to exercise supervision of emigration. The supervision on board emigrant vessels is exercised by a medical officer of the naval or military services. Emigration Fund. The Greek Emigration Act of 24 July 1920 makes no mention of a fund independent of the Treasury and enjoying an autonomous administration. On the contrary, it is expressly stated t h a t fees paid by emigrants, fines imposed by judicial authorities in virtue of the Emigration Act, and fees charged by the Ministry of the Interior are to be paid into the Government account, considered as public revenue, and to figure among the receipts under a special title. A sum equal to this revenue is used for the purpose of facilitating the return of Greek emigrants from America (or elsewhere), of helping them to settle in Greece, and to assist those among the returning emigrants who are ill; if the sums available permit, a certain amount is to be spent on behalf of elementary instruction in the Greek language in America. Moreover, a sum equal to the revenue of the preceding financial year is placed to the credit of the Ministry of the Interior. This money is distributed by the Minister of the Interior on the recommendation of a committee known as the "Repatriation Committee", which is composed of higher grade officials of the emigration services and the Ministries of the Interior, Finance and National Economy. The Committee also deals with all questions connected with repatriation, and is permitted to correspond directly with the public authorities. (Emigration Act, No. 2475 of 24 July 1920, sections 5-11 and 37-39.) HUNGARY.—Administrative Services. Under the Emigration Act of 1909 (sections 35 and 36), special emigration commissioners were formerly appointed to supervise the operations of emigration agents and the enforcement of the laws and regulations. Since the administrative reorganisation OFFICIAL DEPARTMENTS 117 of Hungary which followed the war, the emigration commissioners have been abolished and it is now officials of the Ministry of the Interior who are responsible for supplying information to emigrants and ensuring their supervision and protection. The placing of Hungarian subjects in foreing countries must be submitted to the State Employment Office for approval. Advisory Bodies. An Emigration Council has been established at Budapest, and the Ministry of the Interior must consult this Council before granting a licence to transport agents, or cancelling a licence already granted. Similarly, the Council has a voice in all questions concerning emigration. The Council is composed of : 4 delegates of the House of Magnates and the Chamber of Deputies respectively; 2 representatives of the Chamber of Commerce and Industry at Budapest; 1 member elected by each of the following : the Hungarian Agricultural Union, the Association of Hungarian Agriculturists, the National Association of Manufacturers, and the National Industrial Committee; 2 economists appointed by the Minister of the Interior; 2 representatives elected by workers' organisations, and 2 delegates from the Chamber of Agriculture. Emigration Fund. The Emigration Fund is administered by the Ministry of the Interior. But if a certain sum has been granted to the Prime Minister to be used for one of the purposes laid down in the Emigration Act, it is this Minister who is responsible for the use made of such sum. The primary source of income of this Fund consists in the subsidies granted by the State, other sources of income being taxes and fees imposed on emigration transport agents, taxes on passports and visas and proceeds of fines for contraventions of the Act. The Emigration Fund is used in the first place to assist the repatriation of indigent Hungarians, the remaining money, if any, being used to assist Hungarian emigrants abroad and to cover the expenditure incurred by the supervision of emigrants. INDIA.—Administrative Services. The Emigration Act No. VII of 5 March 1922 and the Rules of 10 March 1923 provide for the creation of services for the protection and supervision of emigrants which are subject to the control of the Governor-General in Council. Separate emigration departments exist in Madras, Bombay, and Bengal. At the ports mentioned in the Act as ports from which emigration is lawful, special officials known as "Protectors of Emigrants" are appointed by the Local Government subject to the control of the Governor-General in Council. The Local Government may define the area t o which the authority of a Protector of Emigrants so appointed shall extend. The duties of these officials are : To protect and aid with his advice all emigrants, to cause the provisions of the Emigration Act and the rules made thereunder to be complied with, to approve the places of accommodation (for emigrants pending their departure) in the ports of embarkation, to inspect such premises, to examine emigrants and question them before their departure in order to ascertain that they are fully cognisant of the conditions under which they are emigrating, and to grant permission to embark if this examination is favourable, to discover if among the migrants there are persons who are not covered by the law, to inspect, at the time of arrival, vessels bringing returning emigrants, to enquire into the treatment received by returning emigrants during the period of their residence in the country to which they emigrated, and to report thereon, and to aid and advise returning emigrants as far as possible. In any specified area where there is not a Protector of Emigrants, the Local Government may appoint a person to perform all or any of these duties. Medical inspectors are appointed by the Local Government in the ports from which embarkation is permitted and in all other places where the need is felt. They are required to exercise supervision over places of 118 EMIGRATION SERVICES accommodation for emigrants, and to carry out the medical examination preceding embarkation. District magistrates have to inspect places of accommodation in areas in which emigrants are obtained and to see that emigrants undergo a medical examination before their despatch to the port of embarkation. For the purpose of safeguarding the interests of emigrants abroad, officials may be appointed by the Governor-General in Council in places outside India where their services are required. These officials may be required to convoy emigration vessels. In the countries to which they are appointed, they are required to carry out inspections of emigrant ships on their arrival and ships carrying returning emigrants on their departure, to keep a register of the requirements of emigrants, to visits places where emigrants work and reside, to enquire into the treatment of returning emigrants and to report thereon to the Government of India. I n addition to the organisation of these emigration services, the Indian Act and regulations define the duties of Emigration Commissioners representing the immigration countries authorised to recruit workers in India for purposes of unskilled labour. The duties and powers of Emigration Commissioners are dealt with in Chapter VI (Recruitment). I R I S H F R E E STATE.—Administrative Services. The Ministry of Industry and Commerce, replaces the Board of Trade, as the competent authority for the enforcement in the Irish Free State of the British Merchant Shipping Act, which regulates the transport of emigrants and which, as has already been stated, still remains in force in the Irish Free State. ITALY.—Administrative Services. The General Emigration Department x instituted by Act No. 23 of 31 January 1901, and placed under the Ministry of Foreign Affairs, is the central authority dealing with everything concerning emigration matters. The Department is composed of a Commissioner-General and three Commissioners. A central office is maintained, and numerous sub-offices are situated throughout the provinces of the Kingdom and in foreign countries. The Department, under the direction and political responsibility of the Ministry of Foreign Affairs, organises the emigration services in the Kingdom responsible for the grant of licences, fixing prices of journey tickets, maintaining order in the ports of embarkation, the establishment and management of hostels for emigrants, the inspection of emigrants on departure, and the grant of permits to recruit workers for European countries ; it ensures the protection of emigrants on board ship through the medium of travelling commissioners, prepares international agreements on emigration and labour, is responsible for giving aid and protection to emigrants in foreign countries, and supervises public and private institutions affording assistance to emigrants. Emigration inspectors have been established under the orders of the Department in the ports of Genoa, Naples, Messina, Palermo, Trieste, and Fiume, to supervise and assist the departure of emigrants. The legal powers granted each of these inspectorates by section 37 of the consolidated text of the Emigration Act are limited to certain provinces by Decree No. 1075 1 The General Emigration Department was abolished by a Decree of 28 April 1927, and its place taken by a Directorate-General for Italians Abroad, attached to the Ministry of Foreign Affairs. According to a statement made in the name of the Prime Minister during the discussion of the Decree in the Chamber of Deputies, the suppression of the General Emigration Department does not imply any intention on the part of the Italian Government to decrease the protection afforded to Italian workers going or establishing themselves abroad. The former Department will continue to function as a whole, but it will be attached more directly to the Government in order that the management of emigration may be an integral part of the general policy. OFFICIAL DEPARTMENTS 119 of 26 April 1923. In addition, there is, in the ports and at the frontiers an important service of "exterior supervision". For the supervision of recruitment in the provinces, Decree No. 1686 , of 19 July 1923 provides for provincial commissioners who are required to supervise recruiting methods and protect emigrants against abuses by recruiting agents, to suppress clandestine emigration, and to increase the training of emigrants by organising vocational education, and notably by arranging travelling educational courses (cattedra ambulante) throughout the country. Central and district inspectors are appointed to supervise the provincial commissioners by Decree No. 767 of 1 May 1924. The supervision and protection of emigrants during oversea journeys is assured by a body of Royal Travelling Commissioners (Regi Commissari viaggianti), who are chosen from the medical officers of the Royal Navy. Finally, the supervision of the Department extends to foreign countries, where Emigration Offices (Uffici di emigrazione), under the orders of the Department, have been established to assist Italian immigrants and to ensure the enforcement of labour contracts and international agreements in co-operation with the diplomatic and consular authorities. Advisory Bodies. The General Emigration Department has attached to it, as an advisory body, a Superior Emigration Council, which is presided over by the Commissioner-General, and which, according to Decree No. 1607 of 16 November 1922, includes the following members : six directors of Departments of State; three persons specially competent in emigration questions ; four members chosen from among the representatives of the industrial associations; three members, including one woman, chosen from the representatives of philanthropic societies assisting emigrants; two members belonging to the Labour Committee and the Executive Committee for Placement and Unemployment ; and the members of the Parliamentary Supervisory Committee. Four persons selected among the members of the Council and three members of the Parliamentary Supervisory Committee are attached to the Chairman as a Permanent Emigration Committee. All these members are chosen by the Minister of Foreign Affairs from lists submitted by the associations concerned (Act of 13 November 1919 and Decree of 16 November 1922). The Council is consulted on all important questions relating to emigration. Finally a certain number of other organisations are more or less closely connected with the Department. Among these should be mentioned the municipal and communal emigration committees (Comitati mandamentali e comunali) appointed by order of the Department, presided over either by the prefect or the chief municipal official, and whose members include a doctor, a minister of religion, and a representative of the various workers' and agricultural workers' organisations of the locality appointed by the Department, on the proposal of the prefect. These committees are required to exercise a tutelary influence over the emigrants. The provincial and communal labour offices (Uffici provinciali e comunali del Lavoro) are also more or less official emigration institutions. Emigration Fund. The administration for this Fund* by the General Emigration Department is under the supervision of a permanent committee of three senators and three deputies. The Act of 13 November 1919 stipulates t h a t the amount not required to meet the expenses of the emigration services must be invested in State bonds, or bonds guaranteed by the State. The amount needed for the service is placed in the form of a current account in the Deposit and Loan Fund. Withdrawal of funds can be effected only on an order of the x The Royal Decree No. 1036 of 18 June 1927 abolished the Emigration Fund, and transferred the receipts and expenditure of the fund to the Section of the State budget dealing with the expenditure of the Ministry of Foreign Affairs. 120 EMIGRATION SERVICES Commissioner-General. The accounts of the Emigration Fund must be presented annually by the Ministry of Foreign Affairs to Parliament, where they are examined and voted article by article. Besides the sums derived from the recruiting and transport agents' licences, taxes levied on tickets and fines for infringement of the emigration laws, the Emigration Fund receives the sums resulting from the special licences procured from the consular authorities in oversea ports by the captains of ships not registered on a carrier's certificate for the regular transport of emigrants, but on which it is desired to carry more than 50 Italian passengers travelling in the third class or any class corresponding thereto, or returning emigrants. In addition, the Italian fund includes the proceeds of the sale of railway tickets to emigrants going to a European country. Colonial Institutions. Among the departments engaged in supervising and controlling emigrants, a place must be given to those organisations which further or restrict the evolution of Italian emigration. Under this heading two institutions are to be mentioned, viz. the National Institute for Colonisation and Foreign Enterprise (I.N.C.I.L.E.), created in 1920 to draw up plans for agricultural or industrial work which would provide employment for Italian workers, and the National Credit Institute for Foreign Enterprise (I.C.L.E.), instituted by Decree No. 3148 of 15 December 1923. The duties of the latter institution, which is the more important of the two, and of which the aims are essentially financial, are : (1) To finance wholly or partially foreign colonisation or labour schemes which mainly employ Italian labour; (2) To advance money as a guarantee, or for the purchase of material and necessary equipment to commercial companies or co-operative societies of Italian workers, and, in exceptional cases, to Italian settlers or small traders abroad; (3) To collect information respecting colonisation schemes abroad, and to gather facts on the commercial situation and market movements with a view to the possible employment of Italians ; (4) To promote and encourage thrift among Italians abroad, and to secure the investment of their savings so as to aid the development of Italian initiative abroad. The I.C.L.E. is a limited liability company, of which the capital may not exceed 100,000,000 lire. Institutions which are required by law to deposit their funds in State institutions such as savings banks are allowed t o use a part of their capital for the purchase of shares in the Institute, which began operations in March 1925. I n addition to these emigration organisations properly so called, mention may be made of two institutions for internal colonisation, the Office for the Colonisation of Tripoli, which was created in 1922 and tends to attract a certain number of Italian emigrants to Italian territory by developing colonisation there, and the Permanent Committee for Internal Migration, instituted by Royal Decree No. 440 of 4 March 1926, which aims at creating an emigration movement towards Southern Italy and the Islands, regions which are capable of great industrial and agricultural development. The latter institution, which carries out research work, is attached to the Ministry of Labour. I t consists of the Emigration Commissioner-General, the President of the Superior Council of Public Works, directors of certain large industrial companies, and representatives of a number of workers' organisations. San Marino.—Administrative Services. An Act promulgated on 20 August 1923 by the Government of the Republic of San Marino provided for the foundation in the town of that name of an Emigration Office for the supervision of temporary emigration to European countries. The main duties of the Office are : to collect information on the labour supply and OFFICIAL DEPARTMENTS 121 demand abroad, to encourage the placement outside the territory of the Republic of unemployed nationals, to assist their departure and to afford them the protection of which they may stand in need when abroad. Regulations issued on the same date define the methods to be employed by the Office, which is required to keep in close contact with Italian and foreign departments engaged with ^emigration matters. (Bollettino della Emigrazione, May 1924, Rome.) JAPAN.—Administrative Services. The enforcement of the Act for the protection of emigrants is entrusted to the Minister of Foreign Affairs, who has the sole power to issue permits to persons engaged in recruiting and transporting emigrants and to determine the areas in which recruitment may take place and the amount of the deposit required in each case. The Local Government of each district is responsible for the supervision of operations connected with recruitment or embarkation, sanctions contracts, controls recruiting propaganda, and issues permits to persons engaged in trades in any way connected with emigration (money-lenders, persons housing emigrants, etc.). The protection of Japanese emigrants abroad is assured by the Japanese legations and consulates. Advisory Bodies. The Bureau of Social Affairs founded in 1922 was formerly the competent authority for the study of all questions relating to labour and social assistance, including emigration. I n 1924 a special committee for emigration problems was established and attached to the Ministry of Foreign Affairs ; this Committee is composed1 of higher officials belonging to the Ministries and Departments concerned . MEXICO.—Administrative Services. An office for the protection of emigrants was instituted in 1922 attached to the Ministry of the Interior. Subsequently, the Migration Act of 12 March 1926 empowered the Ministry of the Interior to organise, where necessary, permanent or temporary services to supervise the enforcement of the migration laws. These services will be under the direct authority of the same Ministry and they will be required to supervise migrants and to see to the enforcement of health regulations in transit centres. The migration officials will be aided in their duties : for medical supervision, by health officials appointed a t their request by the Ministry of Public Health (section 7) ; for the supervision of ports, by captains of the ports and customs and their subordinates, by agents of the maritime and frontier services as well as by the federal police (sections 10 and 11). Mexican consuls fulfil the duties of migration officials (sections 8 and 13). The Ministry of the Interior is responsible for compiling migration statistics and for the enforcement of the migration laws, for which he is entitled to promulgate the necessary regulations. NETHERLANDS.—Administrative Services. In virtue of the Act on the transport of emigrants of 1 J u n e 1861, as amended by the Act of 15 July 1869, transport supervising committees are set up in places in which the need for them is felt. The committees are appointed by the Commissioner of the province, and include, when possible, members of the Chamber of Commerce and Industry, members of the municipal council, and persons well acquainted with matters relating to deep-sea navigation. I n districts where no committees are set up, the mayor and aldermen are required to regulate the transport of emigrants and carry on the functions of emigration commissioners. The transport supervising committees are required to aid emigrants and give them advice and information, to settle amicably all disputes between 1 Tokyo Asahi, 2S Aug. and 3 Sept. 1924. 122 EMIGRATION SERVICES emigrants and the shipowners, emigration and transport agents, to inspect, or to have inspected, all ships engaged in the transport of emigrants, and emigrants' hostels. The Committees are also empowered to issue permits to persons desiring to house emigrants, or assist them in any other way whatsoever. The police are required to render every assistance to the Committees for the enforcement of the Emigration Law. When requisitioned and accompanied by a member of a Committee, they are entitled a t any time to go on board and inspect emigrant vessels, and to visit houses lodging emigrants and prepare reports thereon. The official unemployment services and employment exchanges under the Minister of Labour are responsible for placing persons in employment abroad (sections 4, 5, 6, and 8). Emigration Fund. There is no emigration fund, properly speaking, but a certain sum determined annually and put down in the public accounts, is allocated to the various transport supervising committees. The law states that should one of these committees lose an action brought against a shipowner or his representative, the fine imposed on it and the expenses incurred are charged on the public accounts. (Emigration Act of 1861, as modified by the Act of 15 July 1869, section 4.) NORWAY.—Administrative Services. The enforcement of the Act respecting the transport of emigrants and their protection is entrusted t o the police authorities, who are competent to grant licences for the transport of emigrants and to supervise and control transport agreements. At the beginning of 1924 an Information Service for Emigrants was set up. This branch has been attached to the State Employment and Unemployment Insurance Office (Statens Inspektorat for Arbeidsformidlingen, Arbeidsledighetsforsikringen). Emigration Budget. The t a x paid by emigration agents for every emigrant transported by them is collected by the police and accounts rendered to the competent State department. The sums necessary to cover the expenditure incurred in the supervision of emigrants is deducted from these moneys, the remainder being paid into State funds. The State m a y use this money, for preference, to cover any special expenditure which may arise in connection with the supervision of emigration. (Act of 16 September 1921 completing the Acts of 22 May 1869 and of 5 June 1897 on the transport of emigrants.) POLAND \—Administrative Services. An Emigration Office was instituted a t the Ministry of Labour and Social Welfare by the Decree of 22 April 1920. I n virtue of the Act of 4 November 1920 this Office was required to assume the responsibility for all measures of assistance to returning emigrants, measures previously entrusted t o the Repatriation Office. The Emigration Office was reorganised by a Decree of 20 October 1924, which defines its duties. I t is required to prepare the necessary amendments to emigration legislation and to secure the application of the legislation in force; to prepare international agreements relating to emigration and to supervise their enforcement ; to provide the emigrant with requisite information; to supervise the engagement of workers for abroad, and to take legal action against illicit recruitment ; to organise the transport of emigrants and returning emigrants, and to assist them during the voyage; to afford direct protection for emigrants abroad, to encourage the efforts of private organisations, and to help returning emigrants to re-settle in Poland. The Emigration Office is under the orders of the Minister of Labour and Social Welfare. Its officials are appointed by the Ministry, with the excep1 See Supplement I : Decree of 11 Oct. 1927. OFFICIAL DEPARTMENTS 123 tion of the Director, who is appointed by the President of the Republic. The constitution and rules of the Emigration Office were promulgated by a Ministerial Order of 11 February 1925. The Office was then divided into three sections (a General Section, a Section for Continental Emigration, and a Section for Oversea Emigration) and a Research and Information Office, between which the various duties of the institution are distributed. The Minister of Commerce and Industry is the authority competent to grant permits to transport emigrants to emigration companies, but the Emigration Office must be consulted on the subject. The Office also co-operates with the Central Statistical Office in compiling emigration statistics. All co-operation with the executive departments of the other Ministries is regulated by agreements between the Minister of Labour and the other Ministers concerned. For the supervision of the embarkation of Polish emigrants a t Danzig there are special services, which have already been described under "Danzig". In all matters outside the frontiers of Poland, the Office acts in strict co-operation with the Ministry of Foreign Affairs and its officials. I n those countries where Polish emigration is particularly intense, the Ministry of Foreign Affairs appoints special officials to supervise emigration matters, who are attached to the diplomatic and consular representatives (see Chapter X I on the activities of these agents). Advisory Bodies. A Council of State for Emigration was attached to the Ministry of Labour and Social Welfare in 1921 and reorganised by a Decree dated 8 July 1925. The Council includes eight members appointed by the Minister of Labour, on the proposal of the Director of the Emigration Office from among persons occupied practically or theoretically with emigration matters, representatives of the workers' industrial organisations, and three representatives of social organisations concerned with the assistance of emigrants. Representatives of the Ministries concerned (Commerce and Industry, Agricultural Reforms, Interior, Foreign Affairs) also take part in the work of the Council, while technical advisers may be required to furnish information. The Council is required to give its opinion on the guiding principles in the policy to be followed concerning emigration, "re-emigration" and immigration, on Bills and agreements relating to these questions, and on concessions to be granted for the transport of emigrants. Emigration Budget. A special fund has been set up t o cover expenditure incurred by the supervision of emigration and "re-emigration", this fund being managed by the Emigration Office. PORTUGAL.—Administrative Services. The administrative services are directed by the General Emigration Department, an office attached to the Ministry of the Interior, but which is directly responsible to the General Directorate of Public Safety. The Emigration Department and its subordinate bodies were constituted in virtue of a Decree dated 10 March 1919 and Administrative Regulations of 19 J u n e 1919. I n the course of its duties it is required : t o supervise the enforcement of the emigration laws and to take legal action against those who infringe these laws ; to take special measures against clandestine emigration; t o supervise passports, and to collect taxes on passports and persons leaving the country; to grant licences to emigration agents and passage brokers, and to supervise their activities especially as regards the enforcement of emigration contracts; to organise inspection at the ports, to inspect emigrant vessels and to supply information to emigrants ; and to compile emigration statistics. For the accomplishment of these various duties the Commissioner-General employs port inspectors in Lisbon and Oporto for the supervision of embarkation operations, travelling inspectors for assistance on board ship, and agents in the various offices. The protection of emigrants abroad is 124 EMIGRATION SERVICES entrusted to the consuls, who are also required to act as intelligence agents. Emigration Budget. To defray the cost of emigration there is a special Emigration Fund, which draws its revenue from passport and embarkation taxes, the proceeds of the licences issued to emigration agents and passage brokers, and fines imposed. One-third of the fines paid by agents for complicity in clandestine emigration and the exercise of this illicit trade, is paid directly to the staff of the emigration services in the form of bonuses, the rest being paid into the Emigration Fund. The Emigration Fund is used to maintain the upkeep of the emigration services and to cover the consequent expenditure. I n addition, a sum of 15,000 escudos is paid annually to the Public Assistance Department of the Ministry of the Interior. Surplus receipts are paid into the general State funds. Colonies.—Administrative Services. The Governor-General of each colony is the competent authority for the issue of permits to recruit native labour to companies constituted for this purpose, and to their principal agents. The Curator-General and his subordinate officials are responsible for the general protection of emigrants and all t h a t concerns the supervision of native labour. The Curator approves the appointment of recruiting sub-agents, and supervises, or causes to be supervised, the recruiting, transport, and repatriation of natives. (Decree of 14 October 1914.) I n virtue of agreements relating to native labour, concluded between Angola and Saint Thomas and Principe on 28 April 1926, and between Mozambique and Saint Thomas and Principe on 14 November 1925, ad hoc commissioners attached to the Directorate of Native Labour of the emigration colony are appointed to accompany emigrant ships, to assure the protection of natives on board, and to carry out the necessary enquiries in the immigration colony to verify whether the provisions of the agreements are applied. Advisory Bodies. The Decree of 14 October 1914 provides for the establishment in Lisbon of a Central Emigration Office, presided over by a chief of section of the Colonial Office, and consisting of five members of the Colonial Council elected by the Council and five colonial land owners residing in Portugal and elected by agriculturists, contractors and manufacturers living in the colonies. All landowners who, on their land or in their enterprises, employ 100 native workers recruited in another colony, are eligible for these posts. The Central Emigration Office must be consulted on all matters relating to emigration to or between the colonies. I n all colonies where the Portuguese Government deems it necessary, a local Labour and Emigration Office may be set up. These offices are composed of three members and three substitute members appointed by the central office (section 179). Emigration Budget. Special labour and repatriation funds may be created by the local Labour and Emigration Offices (section 180). Since 1914 an office and a fund of this nature have existed at Saint Thomas and Principe. On the expiry of a contract the wages not paid by the employer to the natives engaged are paid by the Labour Fund. The administration of this fund is entrusted to the State Bank, and monthly accounts are published (section 185). Employers are required to pay into the fund every month that part of the wages which may be legally deducted, until the expiry of the contract. I n colonies where there is no emigration fund, employers are required to deposit these sums with the Curator or the person appointed by him to receive such moneys. The Government is responsible for the payment of these sums to the natives (section 196). RUMANIA.—Administrative Services. The Ministry of Labour, Co-operation and Social Insurance is the competent authority in Rumania for the enforcement of the migration laws and regulations. He is required more particularly to collect and publish information on the immigration countries, OFFICIAL DEPARTMENTS 125 to administer the Emigration Fund, and generally to take all measures necessary in connection with emigration. The Act of H April 1925 (section 34) and the corresponding administrative regulations of 22 J u n e provide for the formation of bodies to supervise and give information to emigrants in places of departure and arrival, under the control of the Rumanian diplomatic agents. Advisory Bodies. An Emigration Committee is attached to the Ministry of Labour in a consultative capacity, the Ministry being required to consult this Committee regarding intended amendments to emigration legislation, the organisation of measures for the protection of emigrants, the issue of licences to emigration and transport companies, the conclusion of international agreements and treaties respecting emigration, and the drafting of measures calculated to restrict the right to emigrate. The Committee includes the following members, viz. delegates from the various State departments and services concerned (Labour, Interior, Agriculture, Commerce, Police, Maritime Services, Army, Statistics, Finance, and Public Health), representatives of the Chambers of Commerce, a professor of international law, and chiefs of sections of the Labour, Placement and Migration Services. (Migration Act of 11 April 1925, section 54.) Emigration Fund. The Emigration Fund is fed from the proceeds of the various licence fees and annual taxes payable by transport companies and their agencies, and from the taxes on emigrants themselves. It is used to cover the cost of the migration services of the Ministry of Labour, to support institutions affording assistance to migrants, to help to maintain contact between migrants and the Motherland, and, where necessary, to assist their repatriation, and to grant assistance to immigrants who are unemployed, or are passing through Rumania in transit, etc. (Act of 11 April 1925.) SERB - CROAT- SLOVENE KINGDOM .—Administrative Services. I n virtue of the Act of 30 December 1921, Emigration Sections were constituted in the Ministry of Social Affairs; the functions and organisation of these sections were defined in Administrative Regulations issued respectively in August 1922, 30 July 1923, and 31 August 1924. The Emigration Section of the Ministry of Social Affairs is responsible for the general administration of the emigration services; the drafting, in co-operation with the Ministry of Foreign Affairs, of intended amendments of the emigration laws; the issue of permits to emigration and transport agencies ; the administration of the Emigration Fund and the preparation of budgetary estimates ; the final settlement of disputes arising from the enforcement of the Act ; the issue of passports and the preparation of the annual report to Parliament on the work of the emigration services. The Emigration Department which is at present established at Zagreb is liable to be transferred elsewhere on an Order from the Ministry of Social Affairs. I t is entrusted with the supervision of the activities of the various emigration agencies and the work of emigration officials who come under its orders in all districts. I t acts as a court of appeal in all disputes arising from the enforcement of the emigration regulations ; affords protection to emigrants and returning emigrants whose interests are menaced; manages a central information service and a hostel for emigrants ; draws up emigration statistics and is responsible for providing the International Labour Office with statistics and documents relating to emigration. Under its orders general emigration inspectors supervise the transport of emigrants by the shipping companies and their agents, see that emigrants' papers are in order and undertake money-changing operations on their behalf. These inspectors are also responsible for the supervision of emigrants in transit, the collection of statistical information and the interrogation of returning emigrants concerning conditions of life in oversea countries. A certain number of special inspectors are attached to the port, railway, 126 EMIGRATION SERVICES and shipping services. In the ports these inspectors are required more particularly to supervise emigrants' hostels and the activities of the shipping companies. In the frontier zones there are special inspectorates a t Maribor (Marburg), Jesenice (Asseling), and Rakak for the inspection of emigrants leaving by sea from Susak, Split, and Grus. The railway emigration inspectors examine emigrants' passports a t the frontier stations, are empowered to refuse admission to persons whose papers are not in order, receive complaints from emigrants and transfer them to the General Emigration Office, and prepare monthly statistics on emigrants and returning emigrants. Maritime emigration inspectors travel on vessels carrying more than fifty emigrants and are required to see that the provisions of the Act and the obligations arising out of immigration contracts are enforced, to record all disputes arising on board ship and the procedure used in settling them, to see that the emigrants are properly treated, etc. With a view to protecting emigrants, emigration officials may also be attached, where necessary, to the diplomatic and consular representatives abroad (Administrative Regulations of 30 J u l y 1923 and 31 August 1924). Emigration inspectors have already been appointed in New York, Buenos Ayres, and Paris. Advisory Bodies. An inter-departmental emigration committee has been attached to the Ministry of Social Affairs in an advisory capacity. Composed of officials of the different Government departments, this committee must be consulted in connection with requests for permits by transport companies, measures intended to protect the interests of emigrants and the preparation of emigration laws and regulations. Emigration Fund. The Emigration Fund is autonomous and is administered by the Ministry of Social Affairs. I t draws its income from a head tax, various taxes imposed on shipping companies, the proceeds from inspection fees, fines, and proceeds from the sale of publications. The head tax for the outward voyage is fixed a t 250 dinars, payable by the shipping company concerned, while that for each returning emigrant who is a national or a former national of the Serb-Croat-Slovene Kingdom is 3 dollars or the equivalent in another currency, this sum being payable by the person concerned to the consular representative of the Serb-CroatSlovene Kingdom who visas his passport. Recognised transport companies are also required to pay a fee of 250 dinars for each berth sold to foreigners leaving the territory of the Serb-Croat-Slovene Kingdom, and an inspection t a x of 50 dinars for every national of the Kingdom leaving as an emigrant. The Emigration Fund is used to meet the expenses of the emigration services at home and abroad. (Administrative Regulations under the Emigration Act dated 30 July 1923 and 31 August 1924.) SPAIN.—Administrative Services. With a view to centralising the various emigration services a Directorate-General of Emigration (Dirección general de Emigración) * was established in 1924, which, according to the codified text of the Emigration Act of 20 December 1924 defining its functions, is entrusted by Royal Order "with the duty of carrying out, either directly or through the bodies subordinate to it, the protective and supervisory measures incumbent on the State with respect to emigration". i l n virtue oí the Royal Decree No. 1S63 of 6 Sept. 1927, respecting the general reorganisation of the Spanish Government Departments, the various emigration services are henceforth to be included in a more comprehensive department, named the DirectorateGeneral of Social Affairs and Emigration (Dirección general de Acción social y Emigración), attached to the Ministry of Labour, Commerce and Industry. In future the emigration services will form one of the three sections of the new department (the Emigration Section), which will work in co-operation with the other two sections (Social Action in Agriculture, OFFICIAL DEPARTMENTS 127 The Directorate is attached to the Ministry of Labour, Commerce and Industry, and is required to furnish annual reports of its work to the Ministry. I t is subdivided into five sections : (1) Inspection of emigrants in ports and on Spanish territory ; (2) Navigation (inspection on board ship) ; (3) Publicity and Statistics, this section being responsible for the preparation of international agreements on emigration matters ; (4) Finance, this section dealing with the collection of emigration taxes and the management of the Emigration Fund; (5) Judicial Section, competent to prosecute offenders against the emigration laws, and to assure the legal and judicial protection of emigrants. Under the orders of the Directorate, regional inspectors exercise supervision in the districts where emigration movements arise, port inspectors accomplish similar duties in the ports and on ships leaving port, while emigration doctors are responsible for the protection of the emigrants during the voyage. Special consular representatives protect emigrants in the countries of destination. Advisory Bodies. To assist the Directorate and its subordinate officials (port inspectors, district inspectors and special consular representatives abroad) a number of advisory bodies have been set up. These include a Superior Council (Junta central) in Madrid, attached to the DirectorateGeneral of Emigration, a local council (Junta local) in every port approved for the embarkation of emigrants, and a consular council (Junta consular) in every immigration port habitually used by Spanish emigrants. The Act of 20 December 1924 further allows steps to be taken, where necessary, to bring about the formation of associations for the protection of emigrants in emigration districts. The Superior Council includes the following members, viz. the DirectorGeneral of Emigration; representatives of the various State departments; two workers' representatives and one woman member of the Labour Council ; one member of each of the following organisations : the Superior Council for Home Colonisation and Land Settlement, the Spanish Maritime League, the National Committee for Spanish Oversea Trade, Spanish Chambers of Commerce or associations in each of the American States ; and two members specially competent in emigration matters. The Superior Council must be consulted in respect of the following matters : (a) approval of estimates and accounts concerning emigration ; (b) disposal of the moneys belonging to the Emigration Fund (Tesoro del emigrante) ; (c) approval of proposed amendments t o emigration legislation; (d) authorisation of collective agreements and prohibition of emigration to any particular country; and (e) complaints submitted to the Directorate-General of Emigration. The local councils set up to assist port inspectors in the performance of their duties include the following members, viz. the Maritime Prefect or his authorised representative, a judge, the head of the Port Health Offices, a medical officer of the Poor Relief Department, a labour inspector, a delegate of the military forces and an official appointed by the DirectorateGeneral of Emigration. The consular councils are presided over by the consul, who arranges for the council to include representatives of the Spanish Chambers of Commerce, and patriotic and philanthropic associations established in the districts concerned. Emigration Fund, The expenditure of the emigration services is covered by a special Emigration Fund administered, under the supervision of the and Welfare Institutions), under one director. The reorganisation also affects the advisory emigration bodies, and a central advisory organ has been set up under the name of the Council of Social Affairs and Emigration (Consejo de Acción social y Emigración). The Council is subdivided into three committees, one of which, the Central Emigration Committee (Junta central de Emigración), will act in the same capacity towards the Council as it did towards the former Directorate-General of Emigration. 128 EMIGRATION SERVICES Superior Emigration Council, by the Directorate-General of Emigration, which has legal power to possess and inherit moneys. Apart from regular income (licence fees, proceeds from the t a x on tickets issued to emigrants and fines imposed for contraventions of the Emigration Act), Spanish law allows the Emigration Fund to accept subsidies and gifts from associations and private persons. The Emigration Fund is required to defray the cost incurred by the protection of emigrants, insurance against travelling risks, action in favour of emigrants, persons who have emigrated, and returning emigrants, grants to hospitals, educational and welfare institutions abroad, and grants for the purpose of colonisation and land settlement in Spain. Section 60 of the Act of 20 December 1924 provides for the constitution of an Emigrant Fund in every consulate having its own consular emigration council ; the council manages the said fund and submits its accounts once a year to the Directorate-General of Emigration. Subsidies are granted by the Central Emigration Fund to the consular emigration funds, which are also entitled by law to accept gifts offered them. Consular emigration funds must be utilised exclusively for the relief of Spaniards in need of their services. (Consolidated Text of the Act and Regulations of 20 December 1924.) SWEDEN.—Administrative Services. The enforcement of the laws concerning emigration and the protection of emigrants is assured through the medium of the ordinary administrative departments. The issue of permits to emigration agencies is entrusted to the Social Office set up in 1912 in the Ministry of Social Affairs. The appointment of subordinate emigration officials is left to the Governor of the province concerned and, in Stockholm, to the Governor-General. The supervision of the activities of emigration agencies and the inspection of emigrant vessels is carried out by these officials aided by the police authorities and other competent persons appointed by them. The protection of emigrants abroad is entrusted to the consuls, who are required to bring to the notice of the Social Office all facts worthy of mention. (Royal Order of 4 J u n e 1884 as modified by the Decree of 28 November 1912.) SWITZERLAND.—Administrative Services. An Emigration Office under the Political Department was created by an Order dated 31 December 1900. This Office must give its consent before a licence is granted and deals with all matters connected with the supervision of emigration agents, propaganda, encouragement to emigrate by means of false promises, offers of work from individuals or societies, the transport of emigrants, etc. As the Emigration Act of 1888 to which the Office owes its existence dealt only with oversea emigration, an Order of 17 May 1918 empowered the Office to supervise agreements and emigration to foreign countries in general, which, of course, includes continental emigration. Enquiries sent to the federal authorities must be addressed to the Emigration Office which provides persons who have accepted an engagement with information and advice. Sometimes the Office appoints inspectors in foreign ports to supervise the embarkation of Swiss emigrants. The protection of emigrants is carried out abroad by the consuls who are sometimes assisted by deputy emigration commissioners. The consuls are also required to furnish the Office with all useful information. U N I T E D STATES.—Administrative Services. The Bureau of Immigration of the Department of Labour is responsible for the supervision of the departure of emigrants and returning emigrants, and for drawing up emigration statistics. P o r t o Rico.—Administrative Services. The Emigration Act approved on 29 May 1919 empowers the Agricultural and Labour Commission and its PRIVATE SOCIETIES; RELATIONS WITH OFFICIAL DEPARTMENTS 129 subordinate bodies to take all steps necessary to regulate the emigration of workers from Porto Rico. When the Commission learns that the emigration of workers is about to take place, it institutes enquiries concerning the conditions offered to national workers, and takes steps to regulate their recruitment, supervise the conclusion and enforcement of agreements concluded by individuals or societies with a view to the employment of national workers abroad or in the States of the American Union, and to assure itself more particularly t h a t the stability of work offered and the repatriation of workers leaving the island are guaranteed. At the same time, the Government of Porto Rico does not accept responsibility for the protection of emigrants unless their labour contracts have been approved by the Agricultural and Labour Commission. In such cases the onus of responsibility is on the immigration countries (sections 1, 2 and 3). § 2.—Private Societies and Their Relations w i t h the Official Departments I n addition t o the official departments created t o deal with emigration matters, there are in most countries private societies, sometimes fairly numerous and active, which duplicate, in some respects, the action of the Governments, and even replace t o some extent the official organs, when these are insufficiently developed. The less perfect the organisation of t h e official emigration services, the greater is, in many cases, the activity shown by t h e private associations. Apart from the supervision of emigration necessary for the enforcement of legislative measures, which is essentially a State prerogative, it m a y be said t h a t the other functions executed by official departments and offices, e.g. supplying information and opportunities of training for emigrants, finding employment abroad for emigrants and giving them protection and assistance prior t o and during the voyage, are all matters which m a y equally well be accomplished by private initiative. Indeed, the protection of emigrants abroad is a matter often best left t o such bodies, whose unofficial character tends t o render their action more supple, not embarrassing for the country of residence, and consequently fairly comprehensive. Subsidies are often granted them for the accomplishment of their mission. There are large numbers of such charitable institutions (hospitals, etc.), national centres abroad, and emigrants' mutual aid associations, etc. Private emigration societies are of a very varied character. Some are of a strictly utilitarian, practical or occupational character, such as colonisation societies, which, with the support of the Government, endeavour t o promote emigration in certain 10 130 EMIGRATION SERVICES directions, and bodies of an occupational character which facilitate the employment abroad of members of a given trade. Others, having charitable objects, aim at helping the emigrant t o surmount t h e material difficulties and moral perils in his p a t h . Still others are denominational—Catholic, Protestant, or Jewish— although it should be said t h a t while certain of these favour more particularly the settlement of persons of their own religion, others extend their help t o all emigrants irrespective of their religious beliefs. A distinction may also be drawn between national associations and those of an international character with branches in various courtiies. This difference does not always stand out clearly, and it frequently happens t h a t an organisation founded originally in one country subsequently extends its sphere of action t o others. Again, m a n y national bodies have branches or corresponding associations abroad, while, on the other hand, the branches of certain international associations sometimes become so independent as t o take on a truly national character in spite of their affiliation t o the central institution. Another difference lies in the extent t o which the societies specialise on emigration work. A number of philanthropicbodies include t h e protection of emigrants among other matters, or create special services t o deal with the subject, while others are formed solely t o afford such protection. The specialisation of the work undertaken b y these bodies m a y take still another form. They may deal with all emigrants or merely with one particular class of emigrants, e.g. children, girls, or women. The dangers t o which young women are exposed when travelling has led t o the formation of numerous societies for their protection Other organisations have a character above all scientific and are compared more with the councils of emigration t h a n with t h e emigration offices and departments. They are not so much organisations for practical service, but rather consultative organs which either devote themselves especially or occasionally t o the questions of emigration. The extreme variety of the private societies makes it difficult t o define their exact scope, and it may even be said t h a t , as a result of the various practical and theoretical difficulties connected with the different phases of emigration and t h e varied interests P R I V A T E S O C I E T I E S ; R E L A T I O N S W I T H OFFICIAL, D E P A R T M E N T S 131 which t h e y arouse, every welfare association is liable t o deal a t times, although sometimes indirectly, with emigration. At t h e present time this takes place with ever-increasing frequency. I t is impossible t o give a detailed description for each State of the work of every private body or branch of an international society t o be found in its territories, and we have perforce t o limit ourselves t o mentioning those whose work has received official recognition by t h e grant of subsidies, b y t h e tasks entrusted t o t h e m , or b y the place reserved for their representatives in t h e official emigration departments. Omissions resulting from this method of selection are in no way m e a n t t o imply a want of appreciation of the important p a r t played b y private initiative in connection with emigration problems \ AUSTRIA.—For several years past the Vienna Chamber of Workers and Employees (Kammer für Arbeiter und Angestellte in Wien) has been dealing with emigration questions. For this purpose it has set up in its offices a special department which is in touch with t h e Federal Emigration Office, the official departments of the different Austrian States (Länder) and official Austrian representatives abroad, as well as with other Austrian and foreign industrial associations interested in these questions, and Austrian workers and employees established in other countries. The Chamber is thus able to collect extensive information which it distributes in reply t o personal applications and, since 30 March 1926, by the publication a t irregular intervals, of an emigration bulletin, which appears under the title of Mitteilungen der Wiener Arbeiterkammer über Aus- und Einwanderung. Further, the Chamber sometimes furnishes financial aid to emigrants, with a view to facilitating their establishment in agricultural settlements, or towards the cost of emigration. This association also acts as an advisory organisation; it makes a study of emigration questions and is frequently asked by the Government to discuss emigration problems with the official department concerned with a view to determining, if possible, a common policy. CZECHOSLOVAKIA.—Besides the official departments, a number of semi-official or private bodies lend their aid in the study and organisation of emigration. Among these should be mentioned the Institute of Economic Research on Emigration and Colonisation, a branch of the Masaryk Labour Academy, which deals with t h e scientific aspect of emigration questions and possesses a special library on the subject. Practical work is accomplished by t h e Czechoslovak branches of the Y.M.C.A., the Y.W.C.A., and the Red Cross Society. The latter body is subsidised by the Czechoslovak Government. I t has an emigration section attached to the Central Committee in Prague, and subsections in each of the provincial committees in Slovakia and Sub-Carpathian Russia. I t devotes special attention to emigrants' children, and takes steps to facilitate the reunion of families separated by emigration restrictions. The Act of 15 February 1922, which authorised the Minister of Social Welfare to recognise associations of a philanthropic character engaged in providing assistance to emigrants as being of public utility, prohibited such 1 F u r t h e r particulars m a y b e obtained from t h e Annuaire issued in 1927 b y t h e I N T E R - NATIONAL C O N F E R E N C E O F P R I V A T E O R G A N I S A T I O N S F O R T H E P R O T E C T I O N O F M I G R A N T S . 132 EMIGRATION SERVICES bodies from acting as recruiting or employment agencies without having first obtained the licence required by such agencies. Private bodies are further required, by utilising the employment offices with which they are in contact, to inform the emigrants with whom they have dealings whether there is any possibility of their obtaining employment in Czechoslovakia similar to that which they are endeavouring to find abroad (section 4). DENMARK.—The official organisation of emigration being but little developed, the training and assistance of emigrants is carried out for the most part by numerous and prosperous private bodies. The most important of these is the Emigrente Society, which is a sort of semi-official body entertaining direct relations with the Official Information Department of the Ministry of Foreign Affairs. As regards purely philanthropic bodies, mention should be made of the Danish Young Women's Christian Association, which works in co-operation with the official departments (Kristlig Foreningfor Unge Kvinder i Danmark). GERMANY.—Since the war a large number of private emigration societies have been created in Germany. The illegal activities of some of them, purely speculative in character, were suppressed by Decree dated 14 February 1924, but purely philanthropic bodies continue to co-operate with the German Federal Emigration Office (Reichsstelle für das Auswanderungswesen) and the official departments, with a view to providing information and finding employment for emigrants abroad. The most important of these, the powerful Union of Associations for the Protection of German Emigrants (Arbeitsgemeinschaft für deutsches Wanderungswesen) with 85 affiliated societies and a wide range of action, provides information and assistance for emigrants. The United Committee for Jewish Emigration (Vereinigtes Komitee für Jüdische Auswanderung), which represents a number of Jewish associations for the protection of emigrants, facilitates the emigration of the numerous Jewish refugees in Germany. I t is recognised by the German Government as a "public utility" society for the purpose of giving information to Jewish emigrants. The Catholic Association "Caritas" (Deutscher Caritas Verband) is recognised by the Government as an official advisory office for emigrants, and the same applies to the German Association of Catholic Societies for the Protection of Young Women (Deutscher Nationalverband der Katholischen Mädchenschutzvereine), which, as its name shows, specialises in advising and protecting young women emigrating. Among the semi-official associations attention may be drawn to the German Foreign Institute (Deutsches Auslandinstitut), which provides information and instruction, with a view to the training of future emigrants. I t works in close contact with the Government of Wurtemberg. Other bodies of a private and denominational character also deal with the protection of emigrants. G R E A T B R I T A I N . — I t is not possible to give here a detailed description of the work of all the various private organisations which exist in Great Britain for the assistance of emigrants. Broadly speaking, such societies fall into two classes : those which receive a grant from the British Government under the Empire Settlement Act of 1922 and who work in close co-operation with the Oversea Settlement Committee, and those who work independently. Some societies give financial assistance in necessitous cases, while others simply give advice and information and arrange for the emigrant to be helped and met in the country of immigration. Arrangements are being made for the voluntary societies to be more closely linked together by the appointment of representatives to the Empire Migration Committee of the Royal Colonial Institute, which studies migration problems throughout the Empire. Examples of the different voluntary societies existing in •Great Britain are as follows : The Society for the Oversea Settlement of British Women is both a n P R I V A T E S O C I E T I E S ; R E L A T I O N S W I T H OFFICIAL D E P A R T M E N T S 1 3 3 official and a non-official organisation (see Chapter IV, § 1). I t is a consolidation of various women's emigration associations represented upon the Joint Council of Women's Emigration Societies, and has upon its council representatives of certain other societies and Government departments. Acting in co-operation with the British and Dominion authorities, it gives information and advice t o intending emigrants. I t receives applications from women for posts in t h e Dominions and arranges for their placement and transport. Lectures are given through the publicity department on the openings for settlers overseas, and t h e schemes for the assistance and welfare of migrants. Local committees of the society organise meetings and distribute information. The society owns, subsidises or recommends hostels for women emigrants in the Dominions. I t also has a Loan Fund through which financial assistance is given t o women a n d children ineligible for assistance under the Government schemes J . The British Dominions Emigration Society also works in close touch with t h e Oversea Settlement Committee, with which it has a n agreement providing for a grant in aid of the emigration of suitable families to Canada. The chief work of the society is family migration, but the society also sends out single men, who are met and placed on arrival a t their destination. Information is also given t o all classes of people on t h e subject of emigration 2. The Church of England Council of Empire Settlement was constituted in March 1925 as a result of a resolution adopted by the Church Assembly on 13 February 1925. The Council co-ordinates the work of various church organisations on migration, so t h a t overlapping may be avoided. I t has set u p machinery in Australia, New Zealand, and South Africa for t h e reception, training, and after-care of immigrants, and it gives financial assistance t o individuals nominated by these oversea organisations 3. The Migration Department of t h e National Council of Y.M.C.A.'s in Great Britain has inaugurated a similar scheme of co-operation between the Y.M.C.A. in Britain and oversea churches and other organisations with regard to oversea settlement. Church congregations in the Dominions are invited t o nominate families of suitable emigrants for whom they are prepared to find housing and employment. The Y.M.C.A. Migration Department in Great Britain acts on behalf of the various churches in selecting the migrants and arranging for their transport 4 . The Child Emigration Society sends children t o Australia and provides training for them there. I t receives a grant from the Government towards t h e maintenance of the children and the extension of the schools. Similarly, Dr. Barnardo's Homes receive a grant towards the cost of the outfitting, travelling in the United Kingdom, and t h e reception, settlement, and after-care of children proceeding under the auspices of the society t o Australia and Canada 6. The Salvation Army offers free advice as t o openings in the Dominions and gives financial assistance in necessitous cases. I t organises accompanied parties of settlers, or of boys or girls proceeding overseas for agricultural or domestic employment. I t maintains hostels in the Dominions for the reception of the emigrants on arrival. Agreements with the British Government under t h e Empire Settlement Act provide for t h e testing of 1 S O C I E T Y F O B T H E O V E R S E A S E T T L E M E N T O F B R I T I S H W O M E N : Sixth Annual London, 1925. 2 B R I T I S H DOMINIONS EMIGRATION SOCIETY : 44th Annual Report for the Year m September 1925. 3 Report of the Church of England Council of Empire Settlement for the nine months HI December 1925. 4 Y O U N G M E N ' S CHRISTIAN ASSOCIATION : ¥. M.C.A. and the Church Nomination of Oversea Settlement. March, 1927. 5 G R E A T BRITAIN : Report of the Oversea Settlement Committee for the Tear ending 31 ber 1925, p . 29. Cd. 2640. Report, ending ending Scheme Decem- 134 EMIGRATION SERVICES boys at the Salvation Army's farm at Hadleigh, Essex, to see if they are suited for agricultural work in the Dominions, and also for the training of boys a t the Salvation Army farm at Putaruru, New Zealand, and for their after-care in these cases l. The work of the Church Army Oversea Settlement Department is similar. This body also gives advice on oversea settlement and arranges passages to all parts of the Empire. Assistance by way of loan is given in necessitous cases 2. The 1820 Memorial Settlers' Association gives advice to intending settlers proceeding to South Africa and offers a course of free training in farming to those with considerable capital. HUNGARY.—The League of Hungarians Abroad is a sort of mutual-aid society whose main function is, as its name would show, to assist Hungarian emigrants. ITALY.—In spite of the activity of the official departments, private societies for the assistance of emigrants and the protection of emigrants abroad have been very largely developed. Among the former the most important are the Bonomelli Societies, the Italica Gens, and the Cardinal Ferrari Society, all three Catholic organisations founded for such purposes ; the National Union for Emigration and Labour which furnishes emigrant workers with both economic and moral assistance. Among the institutions affording protection for emigrants, mention should be made of the Society for Italian Emigrants and the Italian Labour Office in the United States, the Patronato Italiano a t Buenos Ayres, and the Patronato degli Emigranti in Tunis, all of which work in more or less direct co-operation with the General Emigration Department. The Italian Government has, moreover, recognised their utility and the Administrative Regulations of the Emigration Act dated 10 July 1901, section 38, state : " t h a t the Department shall co-operate in the development of institutions for the protection of emigrants a t home and abroad and shall be empowered to recognise institutions set up or which may be set up by private initiative. Such organisations may be granted the same facilities as are accorded by law to the subordinate offices of the Departments, and subsidies from the Emigration Office may be granted to them." Most of these institutions have special information services, provide through the Press or by the distribution of handbills useful information to emigrants, and issue publications such as La Patria, the weekly organ of the Bonomelli Societies. MEXICO.—The Blue Cross Society (Cruz Azul) co-operates with the Mexican consuls in the United States in finding work for Mexican emigrants, and in assuring their subsistence, and, where necessary, their repatriation. NETHERLANDS.—-Private associations play an important part in emigration matters in the absence of an official emigration department, and some of them have the character of semi-official institutions. The Emigration Society (Landverhuizing), founded in 1913, is subsidised by the Government. Its chief centre of activity, an Information Bureau, is established in the Ministry of Agriculture, Industry and Commerce. The society is entrusted with the collection of information and the protection of emigrants, especially those proceeding to Canada, and with their selection; it makes a study of all questions relating to emigration and false 1 GREAT B R I T A I N : Report of the Oversea Settlement Committee for the Year ending 31 December 1925, p . 29. Cd. 2640. 2 GREAT BRITAIN, OVERSEA SETTLEMENT DEPARTMENT Thinking of Settling Overseas, p . 48. London, 1927. : Handbook ¡or Men who are PRIVATE SOCIETIES; RELATIONS WITH OFFICIAL DEPARTMENTS 135 propaganda thereon, and furnishes the Government with information on these two questions. The society does not as a rule provide funds for the purpose of emigration. The society is in close contact with other institutions and associations in Holland and abroad, which are able to help it in its work. I t is endeavouring to set up in the most important immigration countries a network of Dutch committees and correspondents, for the purpose of obtaining reliable information. I n November 1923 the emigration association "Holland" was founded, to organise emigration as a measure against unemployment. This society also works with the support of the Government and the large towns (Amsterdam, Rotterdam, The Hague, Utrecht), from which it receives subsidies. Its management committee includes delegates from the Ministry of Labour, the Unemployment Insurance Service, the public employment exchanges, the principal towns, and the various trade union and industrial organisations. The main object of the society is to provide loans to facilitate the ovetsea settlement of Dutch nationals recommended by the Landverhuizing Association, which is entrusted with their selection. I t provides emigrants with information and assistance of all sorts of which they may stand in need, and looks after their interests in Holland. The society keeps in constant touch with the competent authorities and officials in the immigration countries, with a view to obtaining reliable information regarding the labour markets and in order to be able to take the requisite measures for the placement of Dutch workers abroad; for this purpose it works in close co-operation with the official Unemployment Insurance Service. As its chief aim is the establishment of Dutchmen in Canada, it has set up an advisory committee in Winnipeg, which acts as its correspondent for that province. Assistance is also granted to those emigrants whom it has established abroad. Mention should also be made of the Zuid-Afrikaansche Voorschotkas (South African Advance Fund) founded in 1903, which gives information and makes advances to persons intending to emigrate to South Africa. In giving information this association works in co-operation with the Landverhuizing Association. NORWAY.—In addition to dealing with problems concerning the development of Norwegian commerce, the Norwegian Information Bureau for Industry and Commerce (Norges Oplyaningskontor for Naringsveione), which is subsidised by the Government, supplies information on economic conditions, possibilities of labour, demands for labour, etc., in foreign countries. The Society for Home Settlement and the Limitation of Emigration (Ny Jord, Selskap for Landets Kolonisaejon og Emigrasjonens innakrenkning) supplies the Press with information on the economic situation of Norway and other countries, especially in America. The Nordmannsforbundet, or Norwegian Association, maintains close contact with Norwegians established abroad, and supplies information on foreign countries to prospective emigrants. In 1926 it established a section in Canada to assist Norwegian immigrants in that country. POLAND.—Among the private bodies affording assistance to emigrants, attention should be drawn in the first instance, to the Polish Emigration Association (Polskie Towarzystwo Emigracyjne) founded in 1918 under the name of the Polish Colonial Society, and reconstituted in 1924 under its present name. The association is in direct touch with the Polish Government, which grants it special facilities to carry on its work by placing at its disposal part of the documents received from its agents abroad, and in granting it subsidies. Two delegates of the association sit on the State Emigration Council. The Polish Emigration Association provides information for persons who intend to emigrate, organises lectures, shows instruc- 136 EMIGRATION SERVICES tive films, publishes guides for the emigrant and a periodical review called Wychodzca. I t manages an emigrants' hostel at Powaski and canteens at Gydnia and Danzig, affords protection for Polish emigrants during their journey and in the immigration countries, supports the cost of schools and libraries for the education of Poles abroad, and works for the maintenance of intellectual relations between Polish centres abroad and the home country. The Emigration Association works in collaboration with the Colonisation Society, which is entrusted with the drawing up of schemes for settlement in oversea countries, and with the Institute for the Study of Emigration and Settlement (Instytut Naukowy do hadan, Emigracji i Kolonizacji) founded on its initiative for the scientific study of questions regarding emigration. A number of other private aid associations maintain relations, more or less close, with the Polish legations and consulates. PORTUGAL.—The Decree of 19 June 1919 respecting emigration recognises the existence of private associations which co-operate with t h e emigration services, with a view to assisting emigrants in foreign countries. The Decree stipulates that the Emigration Office may, on the advice of the consuls, empower such societies to take steps to assist emigrants, and even grant them subsidies for this purpose. SPAIN.—In spite of the importance of official departments, private bodies take an active part in the assistance of emigrants, especially as concerns the protection of emigrants abroad, which is carried out in co-operation with the Spanish consuls. Representatives of these philanthropic associations sit on the Consular Committees (Juntas consulares). Some of the private aid societies publish periodicals and pamphlets. El emigrante Español, a fortnightly review devoted to emigration questions, is the organ of the International Employment Association (Bolsa del Trabajo internacional) and of Spanish settlements abroad. SWEDEN.—The fact that the official departments are but little developed has led to the formation of numerous and prosperous private aid associations. The most important of these is the National Anti-Emigration Association, reorganised in 1925 under the title " 'Home in Sweden ' Society" (Sällskapet Hem i Sverige). This organisation has its headquarters in Stockholm, and branch offices in Gothenburg and Malmo, the two principal ports used for the embarkation of emigrants. The main object of the association is to give reliable information to emigrants concerning foreign countries and the possibilities of employment at home, in order to restrict departures for abroad. It also facilitates the repatriation of emigrants and aids their re-establishment in Sweden. I t publishes a review entitled Hem i Sverige. SWITZERLAND.—Various associations of an occupational character facilitate the finding of employment for Swiss nationals abroad. The Technical Employment Service of the Swiss Engineers and Architects Society, which works under the control of a joint committee, is subsidised by the Government, and finds employment for technicians in industry. The Swiss Association for Home Settlement and Industrial Agriculture is also engaged in finding agricultural employment abroad; in 1923 it was entrusted by the Swiss Government with the task of studying the possibilities of Swiss settlement in Canada. This work has now been concluded, but the association is continuing its study of schemes for settlement in North and South America. In order to assist Swiss emigrants, a large number of philanthropic bodies, hostels, hospitals, girls' homes, etc., have been set up, which receive annual subsidies from the Federal Government and the Cantons. THE SUPPLY OF INFORMATION 137 CHAPTER V PRELIMINARY A S S I S T A N C E OF T H E E M I G R A N T During the last few years the Governments of the countries of emigration have done much t o develop their information services, both in t h e national interest and in t h a t of the emigrants themselves. Their measures aim partly at protecting emigrants from the risk of unsuitabihty which lies in unprepared emigration and the still greater risk of being deceived by false information, and partly a t directing national emigration t o those regions where the supply of labour offered will be appreciated and placed in t h e best conditions. The guidance given t o the emigrant takes two different forms : t h a t of publishing literature with information and spreading it in quarters where it is required, or giving particulars direct t o those who wish t o emigrate and apply orally or in writing t o the officers responsible for giving information; and t h a t of training the emigrants, in which case special technical or general instruction is given, according t o methods which v a r y in the different countries, with the object of training the future emigrants in such a way t h a t t h e y m a y find it easier t o adapt themselves t o their new life. § 1.—The Supply of Information I n order t h a t the distribution of information may be effective it is necessary t h a t the supply of useful data should be directed t o the central information offices in a systematic manner, and further t h a t the particulars received should be made available t o the general public in the most suitable way. To facilitate the first operation the Governments rely on their 138 PRELIMINARY ASSISTANCE OF THE EMIGRANT information agents throughout the world, namely, their diplomatic and consular representatives; and m a n y countries make it one of the duties of these officials t o send periodically information on changes in the immigration laws of the countries t o which t h e y are accredited a n d on the possibilities of work for immigrants in these areas. Certain consular regulations a n d certain emigration laws make explicit reference t o these obligations. Further, several of the more important emigration countries have special agents appointed for the protection of emigrants in the regions t o which emigrants of the nationality concerned usually go. These officials also act as information agents. The distribution of information is naturally in the hands of the special emigration office where such a b o d y exists ; otherwise the official employment exchanges are usually responsible for this work. Consuls on a visit in their home country frequently hold officially announced meetings to give the public information on the country t o which they are appointed. A country which has colonies also, as a rule, sets up a colonial office at home t o give information on the possibilities of settlement, t h e conditions of land purchase, etc., in the national possessions. Sometimes libraries and museums are attached t o these offices. These various institutions serve t o satisfy individual applications for information. They also spread useful information in the form of leaflets and publications, among which special reference m a y be made, on account of their particular efficiency, t o the periodicals which give monthly or two-monthly reports on recent changes in national emigration legislation a t t h e same time as information on the countries of immigration. As a rule a consular bulletin is also published for spreading t h e information contained in the consular reports. The action of the public services is very often supplemented b y t h a t of private., commercial, or philanthropic associations which are interested in emigration and also supply information t o future emigrants, either directly or through the press. The work of private information offices is often subject t o regulation, and t h e spreading of false information is subject t o penalty. AUSTRIA.—The Information Office for Emigrants (Oesterreichische Auskunftsstelle für Auswanderer) was set up in 1920 and is placed under the control of the Migration Office in the Ministry of the Interior, which, under the Order of 21 July 1925 on the work of Austrian administrative departments, is responsible for supplying emigrants with information. To THE SUPPLY OF INFORMATION 139 any person who wishes to emigrate, it gives all the necessary information free of charge, in particular with respect to the economic and health conditions of different countries, travelling formalities, etc. Further, the Order of 7 May 1908 makes it compulsory for employment exchanges to give reliable information to persons who apply to them for employment abroad in domestic service or other work, as regards the name and address of the employer, the nature of the work offered, and the means of travelling to the place of work (section 4). I t has already been shown in Chapter IV, § 2, that the Vienna Chamber of Workers and Employees also supplies information to intending emigrants. B E L G I U M . — I n Belgium there is an office which collects and communicates to interested persons all available information concerning the conditions of migration overseas. I t is established at the Ministry of Foreign Affairs (Department of Commerce and Consulates). I t was realised, however, t h a t . i f all the information collected by the Government were centralised in the capital it would be out of reach of the persons who require it, and the Government therefore established information offices in different parts of the Kingdom in direct communication with the Central Office. I t was considered desirable to establish one of these offices in the principal town of each province. Each of them receives from the Ministry of Foreign Affairs a certain number of copies of statistics and reports which summarise the economic situation in countries open to emigration. In addition, the provincial offices place at the disposal of all interested persons the text of migration laws and 1a list of firms authorised in Belgium to recruit and transport emigrants . CZECHOSLOVAKIA.—In view of the emigration from districts formerly belonging to Hungary, the population of which has at all times been attracted to America, the Czechoslovak Republic has established a t Bra, tislava (Pressburg, Poszony) under the minister plenipotentiary responsible for the administration òf Slovakia, and at Uzhorod (Ungwar) under the Administration for Carpathian Ruthenia, a special section whose duty it is to give information t o emigrants and t o dispel the erroneous ideas which the inhabitants of those districts may have with regard to conditions in America. Further, the public employment exchanges must supply information on request to workers who wish to emigrate in order to obtain work abroad 2. The Emigration Act of 15 February 1922, section 5, places the supply of information to emigrants under the supervision of the Minister of Social Welfare in order to prevent the population from being misled in respect of prospects of emigration. Information respecting these prospects may not be given without a permit from the responsible Minister. No special permit is needed, however, for the giving of information necessary for the engagement and recruiting of workers by authorised agencies in the lawful course of business. But the Act also stipulates (section 4) t h a t authorised unions and associations interested in emigration must inform every person who comes into contact with them as an emigrant whether similar employment to that which he seeks is available for him in the home country. No permit is needed for the dissemination of merely official communications or the giving of information only occasionally and not by way of trade. The permit to give information may be restricted or revoked at any time by the Ministry. i Communications of the Belgian Government to the International Labour Office, 1921 and 1926. 2 Communication of the Czechoslovak Government, 1921. 140 PRELIMINARY ASSISTANCE OF THE EMIGRANT The regulations for the administration of the Emigration Act (Decree of 8 June 1922, section 4) particularly recommend the officials responsible for issuing passports to see that emigrants who are preparing to leave for a country outside Europe shall have reliable information on t h a t country. All information, whether oral, written, or given in the form of printed prospectuses, must be communicated free of charge. DENMARK.—An official information office was opened in the Ministry of Foreign Affairs in 1922. This office is in touch with private associations for supplying information to emigrants (see Chapter IV, § 2, on private associations). Information on the conditions of admission to each country and on the conditions of staying there is sent to the Danish Government by its consuls, whose duties under the Consular Instructions of 18 January 1912, section 40, inelude t h a t of collecting the material for such information. FRANCE.—In Chapter IV, § 1, an account is given- of the functions of the Colonial Offices as information offices with respect to settlement in the colonies and protectorates. The General Agency of the Colonies (VAgence générale des colonies) publishes a bulletin, which besides giving general information contains a section dealing with offers of employment in the colonies. GERMANY.—Since the staff of the Federal Emigration Office (Reichswanderungsamt) was reduced, this institution, which has taken the name of "Reichsstelle für das Auswanderungswesen", has only the duty of giving general information 1 . It collects material concerning emigration and publishes such of it as appears essential. For this purpose it issues a forthnightly review, Nachrichtenblau der Reichsstelle für das Auswanderungswesen. I t publishes brochures on the conditions of emigration and settlement in foreign countries. The work of replying to individual applications for information is left to the employment exchanges of the Federal States and towns. Some years ago information for emigrants was often given by private associations, but the abuses of certain commercial companies led the Government, by a Decree of 14 February 1924, to prohibit the giving of information or advice on conditions of life, work or settlement, etc., in a foreign country in return for a fee. ' Persons who wish to give such information and advice without drawing a profit from it must obtain a permit from the authorities of their place of residence, which is granted only if the need for an agency of the kind is really felt, and if the persons in question are properly qualified. Information offices run by public authorities or philanthropic societies of recognised public utility need not obtain this permit (see Chapter IV, § 2, for an account of these associations). The same Decree empowers the Ministers of the Interior and of Foreign Affairs to issue regulations concerning the work of information agencies for emigrants and defining their obligations. G R E A T BRITAIN.—The official information office for emigrants is the Oversea Settlement Committee; for women its branch is the Society for the Oversea Settlement of British Women. These two bodies publish an annual report showing the emigration schemes in progress, as well as a monthly review and handbooks on emigration to different countries, particularly to the Dominions and Colonies. These publications are distributed free of charge or at a low price. Information is also given by word 1 According to a communication of the Federal Emigration Office to the International Labour Office, 21 Feb. 1924.' THE SUPPLY OF INFORMATION 141 of mouth or by correspondence to persons who apply for it. These official information bodies work in close touch with private societies and encourage the formation of local committees. The representatives of the Dominions and Colonies in Great Britain also give information to intending emigrants (cf. Volume I I , Chapter V). The public employment exchanges distribute official publications on conditions of immigration in various countries, and notify future emigrants of favourable opportunities for employment abroad. An Abstract of the Law relating to Passenger and Emigrant Ships has been published by the Board of Trade for the use of emigrants. Five copies.of this publications must be supplied on request to the captain of any emigrant ship leaving the British Isles for a British possession. The captain must give one of these copies to any emigrant applying for it, and display the other copies in suitable places in the steerage where the emigrants are accommodated. Colonies : Malta.—The Emigration Department takes an active interest in supplying emigrants with information. I t answers individual requests, and in addition its annual report contains detailed particulars of the conditions of immigration in the various countries of destination of Maltese emigrants. HUNGARY.—In Hungary the Emigration Department is responsible for supplying emigrants with the necessary information and issuing publications of general interest to emigrants. INDIA.—The State does not undertake the supply of information to emigrants, but closely supervises this work; see Chapter VI, § 2, (g), for the provisions concerning the supervision of the full particulars on the conditions in the country of destination which must be given by recruiting agents to the workers they engage. ITALY.—The information work of the General Emigration Department is higly developed. From its correspondents abroad, diplomatic and consular agents and emigration commissioners, and from Italian Chambers of Commerce abroad and emigration committees, it regularly obtains information on changes in immigration laws and on the state of the labour market and the opportunities for employment abroad for Italian labour. Information offices have also been opened in those foreign countries to which Italian emigration is generally directed, with a view to facilitating the placing of emigrants. The General Emigration Department publishes a monthly review—the Bollettino della Emigrazione"—and gives widespread publicity to all kinds of useful information by means of popular guides, handbooks, brochures, and leaflets. Requests for information are also attended to personally. In addition to the General Emigration Department and its auxiliary services, there are other offices and societies both public and private, which give emigrants the information they need. The municipal and communal emigration committees (Comitati mandamentali e communali delV emigrazione), appointed by the General Emigration Department and subject to its supervision, and provincial and communal labour offices (Uffici provinciali e communali del lavoro) have information sections ; so have the private institutions for the assistance of emigrants mentioned in Chapter IV, § 2. As regards the giving of false information, the consolidated text of the Emigration Act (section 14) states that any person is liable to the penalties specified in section 416 of the Penal Code if by means of manifestos, circulars, guides, or other publications he spreads false information on his own account or undertakes to spread such information from abroad in Italy, or if by means of false information he directs an emigrant to a foreign country other than that to which he intended to go. 142 PRELIMINARY ASSISTANCE OF THE EMIGRANT MEXICO.—The Ministry of the Interior, which is responsible for emigration affairs, publishes, when it considers it useful, posters and leaflets giving the necessary information for prospective emigrants on the conditions of admission in the countries of immigration, particularly the United States, which is the usual country of destination for Mexican emigrants, informing them of the penalties imposed foi contraventions of immigration laws, and warning them of the difficulties they may meet with abroad. N E T H E R L A N D S . — T h e official department dealing with unemployment insurance and employment exchanges occasionally gives information to persons who wish to emigrate. Before the formation of the Dutch Emigration Society (Nederlandsche Vereeniging "Landverhuizing") in 1913, information for emigrants was given chiefly by the Ministry of Foreign Affairs. I n that year the newly formed society, which is subsidised by the State, took over this work, which, so far as oversea emigration is concerned, it now shares with the new "Holland" society, an emigration office founded in 1924 (see Chapter IV, § 2). As its principal organ the "Landverhuizing" Society opened an information office in Amsterdam at the Ministry of Agriculture, Industry, and Commerce. It is in touch with institutions which can co-operate with it, whether in the Netherlands or abroad. I t takes steps to establish in the most important immigration countries a network of Dutch committees and correspondents from whom to obtain reliable information. The "Holland" Emigration Society specialises in giving information on the prospects of settlement oversea. Information on emigration, though to a less extent, is also supplied by the Emigration Committee of the Netherlands League of Youth (Nederlandsche Jongelingsverbond), the Society for the Protection of Young Women and Girls, the Montefiore Association, and the "Steun aan doortrekkenden", a society for the assistance of travellers, chiefly of Jewish nationality. The Colonial Institute a t The Hague undertakes the placing of workers in the Netherlands East Indies. NORWAY.—An information office for emigrants was set up in 1924 and attached to the State Employment and Unemployment Insurance Office, as the most suitable body to undertake this new work on the ground of its relations with the fifty public employment exchanges in different parts of the country and the communal unemployment committees. The information office for emigrants receives its data from Norwegian legations and consulates through the medium of the Ministry of Foreign Affairs. Its work consists primarily in giving persons who propose to emigrate information on the possibilities of improving their conditions in the country itself. Then if the person in question decides to emigrate, it must give impartial particulars as soon as possible on the conditions of admission and employment in the proposed country of destination. Finally, it must give Norwegian emigrants who wish to return home information on the possibilities of finding work in Norway. Individual applications for information addressed to the Central Office are dealt with personally. The information concerning emigration collected a t that office is also communicated to all the public employment exchanges and unemployment committees in districts where there is a marked tendency to emigrate. Sometimes information is published in the Press. (Report of the State Inspectorate for Public Employment Exchanges and Unemployment Insurance 1925, page 13.) See Chapter IV, § 2, for the work of private associations in supplying future emigrants with information. POLAND.—One of the functions of the Emigration Office is t o supply future emigrants with all the information they need for their settlement abroad. In this respect, as in that of the assistance of emigrants and THE SUPPLY OF INFORMATION 143 returning emigrants, it has taken the place of the Office for the Placing of Workers in Employment founded by the Decree of 27 January 1919, which originally undertook this work. Its Information Office was organised in 1923. I t also gives returning emigrants information on the opportunities for work in Poland and on the facilities open to them for settlement in agriculture. The Decree reorganising the Emigration Office again specified this duty (20 October 1924). Since 1925 the Office has published a periodical information bulletin ("Przeglad Emigracyjny"). P O R T U G A L . — T h e General Emigration Department has an information office which on request supplies information orally or in writing concerning emigration, and also publishes a bulletin ("Boletim de Emigraçâo"). It derives its information on the new measures taken in countries of immigration, and the possibilities of placing emigrants from the consuls abroad, who must supply it with monthly data on the labour market in their district and any other particulars affecting emigration; (Sections 36 and 106 of the Emigration Regulations, 19 J u n e 1919, and section 104 of the Consular Regulations, 7 March 1920.) Propaganda by emigration agents is prohibited, so that the information they may give emigrants must be limited to the simple publication of the conditions of the contract and guarantees for its fulfilment at the place of destination. (1919 Regulations, section 79.) RUMANIA.—The public employment exchanges, which were organised by the Act of 22 September 1921 and are subordinate to the Employment Exchange Directorate of the Ministry of Labour and Social Welfare, are responsible for supplying information to emigrants. This Directorate co-ordinates the information on the work of the employment exchanges and the state of the labour market at home and abroad, on the conditions of admission in the countries of immigration, and the conditions of life, work, and wages in those countries. I t keeps in touch with similar foreign and international organisations in order to give as full information as possible to the interested persons on the opportunities for work a t home and abroad, and must inform the public by suitable means of the information it has collected. Emigration agencies are bound, on pain of certain penalties, to display the information supplied by the Ministry of Labour. (Emigration Acts No. 1206 of 11 April 1925, section 6.) SERB-CROAT-SLOVENE KINGDOM.—The publication of official information on emigration questions is in the hands of the Emigration Section of the Ministry of Social Affairs, but the information service is in the hands of the General Emigration Department, which must answer applications for information. The Emigration Regulations of August 1922 enumerate the methods by which the information service is to obtain its own data. In addition to the particulars obtained by examining the foreign Press, the office makes use of the statements made by experienced and educated emigrants as a means of learning of conditions in the countries of immigration, and also draws on the information sent regularly by the emigration attachés abroad. As regards the means of communication by land and sea and rates of transport, the observations made on the spot by emigrants are used, as also the information obtained by correspondence with other emigration institutions, important commercial undertakings and private associations K SPAIN.—It is one of the functions of the Directorate-General of Emigration and its inspection services specified in the Act of 20 December 1924, 1 Since the spring of 1927 the Chamber of Labour for Croatia and Slavonia has published. a Quarterly Review of Jugoslav Migration, 144 PRELIMINARY ASSISTANCE OF THE EMIGRANT section 13, to supply emigrants with information free of charge. For this purpose information offices for the use of emigrants have been set up not only in the Directorate-General in Madrid, but also in the offices of the inspectorates. I n order to ensure the reliability of the information furnished, the emigration consuls and consular attachés must inform the Directorate-Genexal as soon as possible of all changes in the immigration legislation of the country to which they are accredited (section 17). Since the beginning of 1925 the Directorate-General of Emigration has published a bulletin ("Boletín de la Dirección general de Emigración") which contains all useful information. Spanish law permits the opening of commercial information agencies. Consignees and shipowners who engage in the transport of emigrants may open such agencies—used also for selling tickets—in different localities in Spanish territory if they apply for a permit stating the locality and if they entrust the work to an agent of Spanish nationality and good reputation. For their propaganda these information agencies may use only posters, prospectuses, and literature of all kinds which have been submitted for approval to the emigration inspector for the district. They are under the constant supervision of this inspector. (Section 36 of the Act of 20 December 1924, section 64 of the Emigration Regulations of the same date, and the Royal Order of 20 January 1925.) SWEDEN.—The Social Board (Socialstyrelsen) in agreement with the Ministry of Foreign Affairs, which collects data from its legations and consulates, provides for the widespread diffusion of information on emigration, in which work it is assisted by private associations. SWITZERLAND.—The employment exchanges, whether official or private, are open to persons who wish to emigrate. They give the emigrant advice on the state of employment in his proposed country of destination, under the supervision of the Federal Emigration Office, to which they may apply for all particulars. The Government publishes an economic periodical —"Les Informations de Statistique sociale"—which occasionally contains information of value to future emigrants. The Swiss Association for Home and Industrial Settlement and the Swiss Technical Employment Service also give information to those who desire to emigrate with their assistance (see Chapter VI, § 4). As regards the supervision of information given for commercial purposes, reference may be made to section 24 of the Act of 22 March 1888, which empowers the Federal Council to prohibit the publication in newspapers or in other publications of advertisements likely to mislead intending emigrants. § 2.—Training of Emigrants The attempts at organisation under this head are fairly recent and not yet very widespread. Their purpose is twofold, t h a t of t h e welfare of emigrants and t h e national interest. The fact t h a t emigrants are not sufficiently prepared for their new life, and the unknown difficulties with which t h e y have t o cope, too often leads t o setbacks which might be avoided if t h e y were given beforehand some practical idea of the manner of adapting themselves t o their new surroundings. During the last few TRAINING OF EMIGRANTS 145 years emigration has further become a sort of export trade, the economic value of which varies with that of the product exported, namely, labour. It is, therefore, to the interest of the countries where there is a surplus of labour on the home market to offer a supply of skilled labour on foreign labour markets for which there will accordingly be a demand; in other words, they should educate the workers with this end in view. For one or other of these reasons several countries have recently undertaken preliminary education and instruction of their emigrant population. This is what is called the training of emigrants. There are many forms of such training; for instance, that of theoretical courses intended for the more gifted elements among emigrants (Germany, Malta, Japan); that of general technical instruction of a practical nature in the form of public courses open to bona fide pupils (Italy); finally, and for agriculture in particular, that of closed courses of thorough training on a farm, reserved for a small number of persons (Great Britain, Netherlands). This last method of practical training has, moreover, been found an excellent means of eliminating persons unsuited to land settlement work. The new institutions for the preparation of emigrants may be taken to include the colonial training schools which have long been in existence in countries with colonies. These schools give suitable instruction to young persons who propose to engage in colonial careers (administration, agriculture, stockbreeding? import and export trade), and prepare directly for settlement in national possessions and indirectly for emigration to any country with similar conditions of life. GERMANY.—In 1922 University courses were started at Hamburg for students intending to settle abroad. These courses vary according t o the country of destination (Latin-America, Netherlands, Sweden, Norway, Denmark) and cover the language of the country, its history and civilisation, as well as the elements of colonial law and hygiene. The course is concluded by an examination. GREAT BRITAIN.—For some years training schemes for young British emigrants have been undertaken in various Dominions and Colonies, but the Ministry of Labour, in agreement with the Dominion authorities, has now decided to set up training farms in Great Britain in co-operation with the Oversea Settlement Committee where short period courses are given for future emigrants, especially for young men of nineteen to twentyfive years of age who are not skilled workmen. By these courses emigrants are both taught and tested. Intended mainly for individuals brought 11 146 PRELIMINARY ASSISTANCE OF THE EMIGRANT up in urban surroundings, the courses give them the elementary instruction necessary to become agricultural workers and colonists, classes of emigrants particularly needed in the Dominions. They also afford an opportunity for the elimination before departure of those who cannot adapt themselves to this new life. Three training farms have already been opened : at Claydon near Ipswich, at Brandon, Norfolk, and an army camp for training discharged soldiers at Catterick. The length of the course is six months, and the training is of an entirely practical character. I t includes training in agricultural operations (ploughing, sowing, etc.), the care of animals, dairying, the management and upkeep of the stock of a farm (harnessing, repair of agricultural implements, and, if possible, motor machinery). I t even includes an elementary course in carpentry that the young colonists may know how to furnish their farms. (Reports of the Oversea Settlement Committee for 1925 and 1926.) Before the official establishment of these farms, private organisations had already taken the initiative in providing such instruction for future emigrants. The training farm of the Salvation Army a t Hadleigh may be especially noted. The Imperial Conference of 1926 recognised the need for training, and recommended t h a t the existing centres should be maintained and, if possible, extended. I t also discussed the possibility of providing still shorter courses in the future with a view to increasing the number of those who proceed overseas. The Australian authorities agreed to contribute towards the cost of a scheme for training women for work in Australia, and arrangements have been made for a residential course by t h e Central Committee on Women's Training and Employment. (Report of the Oversea Settlement Committee for the year ended 3i December Ì926, page 16.) Colonies : Malta.—To facilitate the adaptation of emigrants, evening courses have been organised so that they may obtain familiarity with the languages and customs of the country to which they propose to go. These courses have been run since October 1919. ITALY.—The training of emigrants has been much developed in Italy during the last few years and for two reasons : first, in their own interest, to facilitate their adaptation to new conditions of life, and secondly, in the national interest, to increase the reputation of Italian emigrants by offering well-trained workers to the countries which employ foreign labour. The instruction of emigrants is organised by the General Emigration Department and comprises courses of both general and technical instruction. Those first organised were evening classes for illiterate persons who wished to emigrate to countries which make an elementary education a condition of admission. The knowledge they thus obtain enables them to pass with success any tests to which they are subjected. Next, practical technical courses were started in different towns and districts. At present these cover various building trades, engineering, dye-works, agriculture (vine growing, agricultural engineering, etc.). Courses in weaving were arranged for women, as well as courses in hygiene intended to give them the elementary knowledge without which they cannot give the medical assistance t h a t everyone must know how to provide in districts where settlers are fairly isolated. Courses in rural economy were started in 1925 to give future settlers a knowledge of how to make the best of the resources in their new place of residence. By May 1926 the number of these various courses had risen to 350. They are particularly numerous in districts where the volume of emigration is large. I n order t h a t some of the instruction may reach the rural population, the courses are sometimes given in one centre after another (cattedre ambulanti). (Bollettino della Emigrazione, February 1926 : "Istruzione professionale degli Emigranti", page 109; and May 1926 : "La Commissione Parlamentare di Vigilanza sul Fondo per la emigrazione", page 553.) TRAINING OF EMIGRANTS 147 JAPAN.—In 1923 a series of lectures on theoretical subjects was given on the initiative of the Society for Oversea Emigration (Kaigai lonin Kiokai), which had organised it in co-operation with the Bureau of Social Affairs. The question of organising systematic instruction for future emigrants is at present under consideration. NETHERLANDS.—As in Great Britain, the system of training farms has been adopted. A school for colonial agriculture was first set up at Daventer for young persons proposing to settle as colonists in the Netherlands East Indies. Scholarships were granted, and occasionally even loans were made to the graduates. This instruction was intended, however, for a superior class of emigrant, and the need of training for agricultural work Dutch who appled to emigration societies led to the foundation in 1923 by a private society (the Heide Maatschappij) of two training farms, one Catholic and the other Protestant, to train young persons who propose to settle in Canada K PORTUGAL.—By a Decree of 21 May 1927 the Portuguese Government provided for the establishment in Mozambique of a centre for colonial training on the right bank of the River Umbeluzi in the neighbourhood of an experimental agricultural station. This centre is run at the expense of the Portuguese Government and is intended to receive emigrants from Portugal and to facilitate their acquisition of the theoretical and practical knowledge of the agricultural methods suited to the climate. Those emigrants who give satisfaction during their stay at the training centre, and prove their aptitude for agriculture, will be given preference in the grant of land conceded by the State in certain parts of the Colony. The Umbeluzi training farm can accommodate 100 pupils. SPAIN.—The Decree of 16 September 1924 and the consolidated Emigration Acts of 20 December 1924 (section 65) provide for the organisation of evening classes to be given in the schools in emigration districts, the subjects to be dealt with being the geography of the various countries of destination open to emigrants, the rules for adapting themselves without risk to a climate differing from that to which they are accustomed, the measures to be taken to retain Spanish nationality, and the patriotic or philanthropic societies in foreign countries which may be useful to Spanish emigrants after their settlement. 1 Nieuwe Rotterdamsche Courant, 26 Feb. 192i. 148 RECRUITING AND PLACING I N EMPLOYMENT ABROAD CHAPTER VI R E C R U I T I N G A N D PLACING I N E M P L O Y M E N T ABROAD A worker m a y leave for a foreign country in one of various ways. H e m a y emigrate a t a venture t o a country which has inspired him with confidence owing t o the general information he has collected, without having made sure of a definite post before his departure. He counts on his ability and luck t o obtain one on arrival. B u t whill spontaneous emigration of this kind calls for due admiration, it is suited chiefly t o t h e strong, who are able t o resist their first disappointments and t o overcome t h e difficulties which t h e y could not suspect from a distance. I t is full of peril for those of less physical a n d moral resistance, or those who have m a n y responsibilities and stand in need of earning money as soon as possible. Moreover, t h e growing strictness of migration regulations nowadays makes this method difficult in practice. As a rule, therefore, the emigration of workers is t h e result of a previous offer of work. They go t o definite employment accepted in advance, with regard t o which t h e y are often bound b y a contract. This method of emigration is preferred b y m a n y countries of immigration, and as a rule also b y t h e Governments of the countries of emigration, which often refuse passports or visas if t h e emigrant cannot present a contract of employment, or at least prove t h a t he has sufficient resources t o support himself in his place of destination. I n this way t h e Governments aim at avoiding the expense and complication of repatriating unsuitable emigrants who fall into a state of want. A compulsory contract cannot be made absolutely general, however, owing t o the fact t h a t certain immigration countries are hostile t o t h e RECRUITING AND PLACING IN EMPLOYMENT ABROAD 149 conclusion of contracts in advance. Apart from some exceptions, the United States and Australia do not admit immigrants who are engaged by contract, the idea being t h a t such workers are tempted t o accept conditions of work inferior t o those prevailing in the country, and therefore likely t o injure national workers. The method of emigration under contract is thus not without risk. This is why States now strictly regulate the conditions in which the engagement of workers at a distance is carried out, and in both its aspects, namely, recruiting and placing in employment. Recruiting for work abroad is the active search for labour t o be exported b y an employer or an agent acting on his behalf. Recruiting involves more or less direct solicitation, which means a risk of pressure being brought t o bear on the workers engaged. The regulation of recruiting is therefore particularly highly developed and very strict. I t refers, on the one hand, t o the work of recruiters, which is subject t o definite control and carefully limited, and, on the other, t o regulation of the contract of work b y means of which the conditions of the engagement are placed under State supervision. Regulations concerning agents are often confused by t h e fact t h a t commercial agents who undertake recruiting themselves frequently engage in confused and various activities. Besides the work of engagement properly so called, t h e y also frequently enter into the transactions connected with t h e transport of the emigrant, assist him in obtaining his passport, organise the journey; and sometimes t h e y even act as representatives b o t h of an employer and of a transport company in whose name they undertake t o negotiate t h e transport contract. Certain laws accordingly apply the same regulations t o recruiting agents and transport agents, describing t h e m all as emigration agents. Yet in fact t h e y are traders whose activities differ sufficiently t o be distinguished. In this new edition, in which the process of emigration is examined in its successive stages, an a t t e m p t will therefore be made t o distinguish between regulations concerning recruiting for employment abroad and those concerning the transport of emigrants. This distinction is moreover found in certain laws; thus the Austrian regulations of 27 June 1921 prohibit transport companies from engaging in the recruiting of emigrants (section 6), 150 RECRUITING AND PLACING IN EMPLOYMENT ABROAD the Hungarian Emigration Act of 1909 lays down that persons who engage in an undertaking for settlement or placing abroad cannot obtain a licence to transport emigrants (section 1), and the Czechoslovak Act of 15 February 1922 similarly provides that permits to transport emigrants must be refused, not only to persons who engage actively in recruiting emigrants, but also those who have a business connection with recruiting agents (section 13). Even in those cases where emigration agents are considered as both recruiters and transporters, it is often possible to separate the provisions dealing with these respective activities. The former will be examined in this chapter, the latter in the following chapters. Where the same regulations apply to both, repetition will be avoided by the necessary cross references to Chapter VI : "Recruiting" ; Chapter VII : "Conclusion of the Transport Contract"; Chapter VIII : "Departure of Emigrants"; or finally, Chapter I X : "Transport". The regulations concerning recruiting in its various forms will be considered first, after which the much less complex subject of the regulation of placing abroad will be discussed. For purposes of placing, an official or private office collects both offers from abroad and applications for employment from national workers, and thus brings employer and worker together and may even draw up the agreement reached in the name of the employer. A final section will deal with assisted emigration, which may be regarded as one form of organised emigration. § 1.—Special Regulations concerning Recruiting Agents Recruiting may be effected either by a foreign employer or by his direct representative, or by intermediaries such as emigration firms or their agents and sub-agents. The principles and methods governing the recruitment of national workers for abroad differ substantially with the economic and moral conditions of the countries, their shortage or surplus of labour, the class of worker whose recruiting is subject to regulation, etc. Different causes may sometimes produce the same effects. Thus recruiting by foreign employers or private agencies may be totally prohibited by countries in which there is a shortage of national labour and workers must therefore be imported (Cuba, Dominican Republic, Morocco), and also by certain SPECIAL REGULATIONS CONCERNING RECRUITING AGENTS 151 countries where there is a surplus population compared with the opportunities for work and therefore a marked tendency t o emigrate so t h a t the activities of recruiting agents are much facilitated (Poland, Spain). Sometimes recruiting may be prohibited in principle b u t authorised as an exception on the decision of the competent authorities (Czechoslovakia, India, Netherlands East Indies, etc.), or it is authorised only in consequence of an international agreement concerning the recruiting of national workers by the contracting country (Portuguese colonies). When recruiting is authorised, it is usually subject t o the grant of a licence on conditions subject to Government control, like the actual work of recruiting. I t should be observed t h a t the conditions imposed vary markedly with the intellectual standard of the workers in question. The recruiting of Asiatic and African natives is regulated all the more strictly as the lower intellectual standard of those engaged exposes them more t o deception by unscrupulous agents; an example is the detailed regulation of recruiting in India. The regulation of recruiting differs also with the destination of the workers. For this reason we have separated from t h e general provisions the regulations concerning recruiting for agricultural settlement, which often have special features and are as a whole particularly strict. Sometimes special provisions are adopted concerning recruiting for countries in the same Continent. I n this case cross references are made t o Chapter X I I : "Continental Emigration". Finally, reference should be made t o the growing importance of international agreements concerning the recruiting of labour. I n certain countries the emigration of workers is effected almost entirely after agreement between the countries. Where international agreements are added t o national recruiting regulations, they modify the normal application of the latter. Under the agreement recruiting for a contracting country is effected in the manner accepted by t h e two parties, the employing country and the country supplying labour. Often the parties also fix the annual quota of workers t o be recruited. Agreements between possessions of one and the same country are studied here as part of national regulations. Agreements concerning recruiting as between independent countries are analysed in Volume I I I , Chapter IV, of this work. 152 RECRUITING AND PLACING IN EMPLOYMENT ABROAD (a) PROHIBITION OF RECRUITING AND SPECIAL AUTHORISATIONS Recruiting is sometimes prohibited altogether, but this does not exclude the possibility of spontaneous emigration. Sometimes it is prohibited for all countries except those with which an international agreement on the exchange of labour has been concluded. In this case an authorisation to recruit emigrants may be granted to an official representative of the country of immigration, or to a representative of employers, or to professional recruiting agents. When the prohibition is total the Government may monopolise the placing of its workers abroad and compel foreign employers and national workers to negotiate through the public employment exchanges or a special emigration office. AUSTRALIAN MANDATED TERRITORY : N e w Guinea.—The Native Labour Ordinance of 1922, section 25, only permits the recruiting of natives for service within the territory of New Guinea or the Island of Nauru, seamen excepted. (See above, Chapter III, § 1, (g) and (k).) B R I T I S H M A N D A T E D TERRITORY : Tanganyika.—The Governor may make regulations prohibiting, restricting or regulating the recruiting of natives for service out of the territory and regulating the engagement and embarkation of servants to be employed under a foreign contract of service. (Native Labour Ordinance, 1923, section 50.) FRENCH MANDATED TERRITORY : Cameroons.—Collective recruiting .is prohibited. For the engagement of natives by undertakings outside the territory special individual permits to emigrate must be obtained. (Decree of 9 July 1925, sections 2 and 3.) CUBA.—The Act of 11 July 1906 on t h e development of immigration absolutely prohibits the recruiting in Cuba of national or immigrant workers for t h e purpose of transporting them abroad. Agents undertaking this business are liable to a fine of 100 pesos * per person recruited (section 13). CZECHOSLOVAKIA.—Hitherto the policy of t h e Czechoslovak Government has been opposed to the recruiting of its nationals for employment abroad. The Emigration Act of 15 February 1922 lays down the principle t h a t the recruiting of settlers is prohibited (section 6) as also that of workers for countries outside Europe (section 7). For European countries authorisation depends on an examination of the merits of each case (see below, under heading (b)). Exceptions to these prohibitions may however be allowed. An authorisation to recruit a certain number of settlers may be granted by a public Order under certain conditions (see below, § 3), and exceptions to the prohibition against engaging workers for employment 1 One Cuban peso = approximately 4s. 2d. SPECIAL REGULATIONS CONCERNING RECRUITING AGENTS 153 outside Europe may be granted by the Ministry of Social Welfare for a specified number of persons intended for employment solely in the undertaking engaging them. They must be recruited through the official employment exchanges (see below, § 4). DOMINICAN REPUBLIC—The Decree of 12 January 1923 prohibits the master of any vessel, any shipping agent, and any representative or agent of a foreign undertaking, on pain of the prescribed penalties, from persuading any worker (bracero) to leave the country or from influencing him in any manner for this purpose. FRANCE : Morocco.—The recruiting of workers for employment abroad is prohibited in the French zone. The placing of these workers is in the hands of official institutions (see below, § 4). Colonies.—In the Establishments in Oceania the Order of 24 March 1924 states t h a t the engagement of French citizens for works or undertakings situated on foreign territory is prohibited (section 23). GREAT BRITAIN : Colonies.—The laws of Gambia, the Gold Coast, Nigeria, and Zanzibar provide that it is lawful for the Government to prohibit the engagement of any labourers for service without the limits of the colony, either generally or in specific districts. (Gambia : Native Labour (Foreign Service) Ordinance, 1913, section 16; Gold Coast : Regulation of Employment Ordinance, 1921, section 27i ; Nigeria : Native Labour (Foreign Service) Ordinance, 1916, section 18; Zanzibar : Master and Native Servants Decree, 1925, section 29.) The laws of Barbados and Sierra Leone provide t h a t the Governor may by order prohibit, either absolutely or conditionally, the recruiting of labourers for emigration to, or labour in, any place out of the British Dominions. (Barbados : Emigration Act, 1904; Sierra Leone : Native Labour (Foreign Service) Ordinance, 1924, section 18.) In British Honduras the Labour Law, 1914 (sections 13 and 14), declares t h a t it shall not be lawful for any person to engage any labourer in British Honduras t o work on the Panama Canal without the special permission of the Governor. I t is not lawful, except with the consent of the Governor, t o engage any person for work in the Republic of Liberia, or to induce any person to emigrate to t h a t place. I n the Solomon Islands the Resident Commissioner may, for any reason which may seem good to him, prohibit for a specified time or until further notice the recruiting of natives a t any place or within any area which he may name. (Labour Regulations, 1921, section 26.) HUNGARY.—The regulation of the recruiting and engagement of workers for abroad is within the competence of the Minister of the Interior, who is empowered by the Emigration Act of 1909 to issue Decrees on this subject. Transport agencies are prohibited from engaging in recruiting. INDIA.—The recruiting of unskilled workers is prohibited except for certain countries expressly designated by the Government of India. I n every case recruiting must be placed in the hands of a responsible official appointed by the Government of the recruiting country (see below, heading (b)). (Act No. VII of 1922, section 10, and Rules of 10 March 1923, section 3.) NETHERLANDS : East Indies.—Since the Order of 9 January 1887, the recruiting of natives has been prohibited for all work outside the colony, but t h e Governor-General has power (section 5) to grant an exception, provided t h a t in each case he specifies the conditions of recruiting. According to a communication to the International Labour Office from 154 RECRUITING AND PLACING IN EMPLOYMENT ABROAD the Netherlands Ministry for the Colonies (15 J u n e 1927), these permits are granted as a rule for countries in which there has been a regular immigration of natives from the Netherlands East Indies for some time. As a matter of fact, the recruiting of Javanese has been authorised for Surinam, the Federated Malay States, the Straits Settlements, French Indo-China, New Caledonia, British North Borneo, and Sarawak. When this recruiting is for a foreign country, it must comply with the provisions of Order 613 of 1914 concerning the recruiting of natives of Java and Madura for districts outside the East Indies, which were extended to recruiting for abroad (except the Colony of Surinam) by the Order of 14 September 1914, No. 615. P O L A N D K—Recruiting by private agencies is not authorised. The placing of Polish workers abroad is effected solely through public institutions, in particular the Emigration Office (see below, § 4). I n pursuance, however, of a treaty with France of 14 October 1920, a n association of French employers approved by the two Governments and acting in the presence of officials of the Polish Emigration Service may recruit Polish workers, after the Emigration Office has approved the demands for labour received from the French Foreign Labour Service. P O R T U G A L : Colonies.—The engagement and embarkation of a native for service in a foreign colony is authorised only if carried out in agreement with the provisions of international or inter-colonial treaties, and subject to the express authorisation of the Portuguese Government. If, under a treaty, a colony or part of a colony is bound to allow emigration to a foreign country, the Government has no longer the power to prohibit emigration from such a colony t o another Portuguese colony, provided t h a t such emigration does not injure the agriculture or industry of t h e former. (Decree of 14 October 1914 on Native Labour, sections 85 and 86.) SPAIN.—Recruiting is altogether prohibited in Spain, and throughout the whole country no emigration agency may be set up. This is in accordance with the Spanish Emigration Act, in particular the consolidated text of 20 December 1924, section 35. The penalties imposed for contravention are especially severe in cases of illegal engagement by contract for employment in a country where there is a strike or lockout. (b) T H E CONDITIONS FOR O B T A I N I N G AN A U T H O R I S A T I O N A p p l i c a t i o n s for a u t h o r i s a t i o n m u s t b e s u b m i t t e d t o a specified a d m i n i s t r a t i v e d e p a r t m e n t a n d m u s t often b e a c c o m p a n i e d b y c e r t a i n i n f o r m a t i o n o n t h e c o n d i t i o n s of r e c r u i t i n g a n d t h e w o r k offered b y t h e r e c r u i t e r . T h e g r a n t i n g of t h e licence is f r e q u e n t l y m a d e subject t o a n undertaking t o repatriate t h e workers engaged. T h e p a y m e n t of a d e p o s i t a s s e c u r i t y , o r a t l e a s t t h e g i v i n g of a r e f e r e n c e for t h i s p u r p o s e , is o f t e n d e m a n d e d , a n d s o m e t i m e s also t h e p a y m e n t of a fee p e r w o r k e r r e c r u i t e d . I f t h e r e c r u i t i n g is u n d e r t a k e n b y a n a g e n t , t h e s e c o n d i t i o n s m a y a p p l y also t o t h e r e c r u i t e r himself. S o m e t i m e s a r e c r u i t i n g a g e n t is n o t a l l o w e d t o e n g a g e i n c e r t a i n o t h e r o c c u p a t i o n s . i See Supplement I ; Decree of 11 Oct. 1927. SPECIAL REGULATIONS CONCERNING RECRUITING AGENTS 155 The licence is granted for a specified period or for recruiting a specified contingent of workers. As a rule, however, the authority which is empowered to grant it also retains the right to withdraw it at any time if the holder is guilty of a serious offence or repeated contravention of emigration regulations. Occasionally the licence may even be withdrawn arbitrarily. B E L G I A N M A N D A T E D T E R R I T O R Y : R u a n d a - U r u n d i . — B y the Decree of 19 July 1926, a foreign employer who wishes to recruit workers in the territory must hold a special licence issued by the Governor if the work for which he requires the natives is situated more than 25 kilometres from the frontier. A contract of work drawn up by an unauthorised employer cannot be approved by the Governor, and the person engaged is refused an exit passport. The recruiting permit is granted if the conditions of work offered comply with those fixed in the Decree. I t fixes the deposit to be paid as well as the fee per worker engaged. I t is valid for one year, and may be withdrawn at any time if it is found t h a t the employer no longer complies with the prescribed conditions (sections 6 and 7). B R I T I S H M A N D A T E D T E R R I T O R Y : T a n g a n y i k a . — N o agent may recruit any native to be employed within or without the territory unless he has obtained a permit. Such a permit is issued for a limited period not exceeding in any case twelve months. The Government may make regulations prohibiting or restricting the recruiting of natives, requiring the labour agents to provide proper clothing, food, medicines, etc., and imposing such conditions for the recruitment of natives as servants as may be considered proper for their protection. (Native Labour Ordinance, 1923, sections 25 and 27.) F R E N C H M A N D A T E D T E R R I T O R Y : Togoland.—No one may undertake to engage and transport emigrants without a permit from the Commissioner for the Republic which may at any time be withdrawn, either in general or for a specified country, in cases of serious abuse or whenever the economic and political situation of the territory is considered to demand the cessation of the operations for which the permit was issued. (Decree of 1 March 1927, sections 5 and 6.) AUSTRIA.—Agencies engaging in recruiting for abroad are subject to the general provisions concerning limited liability companies (Gesellschaften mit beschränkter Haftung), which, by the Act of 6 March 1906, must make a declaration to the Government. The Ordinance of 23 November 1895 prohibits travelling agencies (Reisebüro) from engaging in the recruiting and transporting of emigrants (section 3). By the Regulations of 27 June 1921 (section 6), transport undertakings are also prohibited from recruiting emigrants. BELGIUM.—Recruiting undertakings are subject to the same regulations as transport undertakings and must obtain a licence under the same conditions, under the Transport Regulations of 25 February 1924. (See Chapter VII, § 1.) CHINA.—According to the Regulations of 21 April 1918, section 1, any person or association engaging in the recruiting of Chinese workers is called a recruiting agent and is subject to certain regulations. Employers and agents must obtain a licence from the Emigration Bureau. All applications for a licence must state the name, age, birthplace, address, and 156 RECRUITING AND PLACING IN EMPLOYMENT ABROAD personal record of the applicant, the address of his office or its branch, the total capital and constitution of the company he represents, and any other particulars required by the Act on corporations. The licence may be withdrawn if the agent is guilty of acts contrary t o the law or public safety, or engages in dishonest propaganda or ill-treats the workers. I n the latter case he must compensate the workers recruited for the injury they suffer by the withdrawal of the permit. If the emigration agent also wishes t o engage in other business closely affecting the interests of recruited workers, he must obtain an authorisation for this purpose from the Emigration Bureau, stating the kind of business, the locality in which it is to be carried on, the capital invested in it, and the plan of the business. No person may act as a n interpreter for emigrants without obtaining the authorisation of the Emigration Bureau. A recruiting agent's licence is not granted to an applicant who has lost his civil rights, has been declared bankrupt, has been declared unqualified to administer property, or has been sentenced for contravention of the regulations during the three years preceding his application, nor to a person who has been refused a similar licence during the twelve preceding months. In addition to the recruiting licence, a special authorisation is necessary for each recruiting operation. I n applying for this t h e agent must state the place where the workers will be recruited, the country and locality where they will be employed, the kind of work, and the total number. He must also deposit copies of the contract concluded between himself and the employer and of t h a t to be concluded between the employer and the workers. The payment of a deposit is compulsory. (Act of 21 April 1918, sections 7 and I I , and Regulations of 21 April 1918, sections 1-5 and 14-16.) COSTA RICA.—The Act of 28 October 1922 states t h a t for the recruiting of day labourers (peones) and national workers (operarios) for employment abroad, previous authorisation must be obtained from the public authorities. In applying for this authorisation, the recruiting agent must inform the Secretariat of State in writing of the number of workers he proposes t o engage, the place to which they will be transported, the nature of the work and the hours per day, the duration of the contract of engagement, the remuneration granted (wages, board, medical attendance), the conditions of transport, housing and repatriation, and any other clauses which may be included in the contract of engagement. If the conditions offered appear unsatisfactory, the Minister has the right to refuse his authorisation. A certified copy of the contracts of engagement must be transmitted to the Secretariat of State. The payment of a deposit is compulsory. CZECHOSLOVAKIA.—The collective engagement of workers for a European State requires the authorisation of the State Labour Office, which decides in what district and occupations such workers may be recruited and fixes their number. (Emigration Act of 15 February 1922, section 8.) FRANCE.—Under the Act of 18 July 1860 no person may undertake the business of engaging or transporting emigrants without official authority. Such authorisation may be withdrawn at any time in cases of serious abuse (section 1). At present authorisations are granted by the administrative services of the Merchant Marine, which is subordinate to the Minister for Public Works. Colonies.—In the French Establishments in Oceania only undertakings which have received a licence for the purpose from the Government of the Colony are authorised t o recruit French workers (excluding natives). (Order of 24 March 1924, section 23.) I n the Congo, the Ivory Coast. Dahomey, Madagascar, Mayotte and the Comoro Islands, and Senegal the business of engaging and transporting emigrants or recruiting workers for a specified period is subject t o SPECIAL REGULATIONS CONCERNING RECRUITING AGENTS 157 authorisation by the Governor of the colony. The authorisation may be withdrawn at any time, either in general or for a specified country. I t may be withdrawn, not only in cases of serious abuse, but also whenever the economic or politicial situation of the colony appears to demand the cessation of recruiting operations. (Congo : Decree of 2 July 1901 ; Ivory Coast : Decree of 25 October 1901 ; Dahomey : Decree of 14 October 1902, section 2 ; Madagascar : Decree of 6 May 1903; Mayotte and the Comoro Islands : Decree of 1 February 1902 ; Senegal : Decree of 17 June 1895.) I n French Somaliland companies and agencies recruiting workers for service outside the colony may be authorised to carry out this work only on temporary and exceptional grounds. (Order of 6 September 1920, section 5.) I n Martinique and Guadeloupe emigration business is governed by the French Act of 18 July 1860 and the Decrees for its administration. Authorisations for emigration agents (recruiting and transport) are granted by the Governor. A deposit is required. (Decree of 13 October 1907 extending French emigration legislation to Guadeloupe; Decree of 15 March 1927 extending French emigration legislation to Martinique.) GERMANY.—The Federal Ordinance of 14 February 1924 requires any person or association intending to engage in any kind of recruiting for abroad, whether by propaganda, the press, the distribution of prospectuses, or oral inducements in favour of a foreign undertaking, or by treating with persons wishing to emigrate, to notify the State authorities concerned. The latter must then take the necessary measures to supervise the activity of these persons and associations (sections 3 and 4). G R E A T BRITAIN.—There are no recruiting agents properly so called. Transport undertakings engage in this work to some extent. The regulations relating to them will be referred to in Chapter VII. Colonies.—The British colonies mentioned below require every employer or agent desiring to recruit natives for labour outside the colony to obtain a licence or permit or to register in the prescribed manner. Barbados : Ordinance relating to foreign labour contracts No. 106, section 3. Bechuanaland : Native Labour Proclamation, No. 45, 1907, section 3. British Guiana : Emigration Regulation Ordinance, 1912, section 3. British Honduras : Labour Law, 1914, chapter 123. British Somaliland : Native Labour Regulations, 1901, Regulation 10. Ceylon : Emigration Ordinance, 1917, section 3. Gambia : Native Labour (Foreign Service) Ordinance, 1913. Gilbert and Ellice Islands : Labour Regulation, 1915. Gold Coast : Regulation of Employment Ordinance, 1921, section 13. Hongkong : Asiatic Emigration Ordinance, 1915, section 33. Jamaica : Emigrants Protection Law, 1924, section 8. Leeward Islands : Recruiting of Emigrants Act, 1921, section 5. Mauritius : Emigration Ordinance, 1925, sections 4 and 5. Nigeria : Native Labour (Foreign Service) Ordinance, 1916, section 6. Seychelles : Foreign Employment Ordinance, 1909. Sierra Leone : Native Labour (Foreign Service) Ordinance, 1924, section 5. Solomon Islands : Labour Regulation, 1921. Trinidad and Tobago : Foreign Labour Contracts Ordinance, 1900. Uganda : Masters and Servants Ordinance, Chapter 55 of Revised Laws of Uganda, 1923, section 31. Windward Islands : Grenada, Emigration Regulation Ordinance, 1899, section 3 ; St. Lucia, Emigration Agents Ordinance, 1915; St. Vincent, Emigrants Protection Ordinance, 1924, section 6. The laws of Gambia, Gold Coast, Nigeria, and Sierra Leone provide that no permit shall be granted to any person who has not obtained a letter of recommendation from the Governor of the colony, protectorate, country, or territory in which labourers are to work, and that he is a fit and proper person to engage such labourers. The particulars of every permit granted must be published in the Government Gazette. 158 RECRUITING AND PLACING IN EMPLOYMENT ABROAD The Ordinances of St. Lucia and St. Vincent require that before the agent can be authorised to recruit natives, he must produce evidence that he is duly authorised by some person or body of persons to bind him or them by a contract of service. The Emigration Ordinance (1925) of Mauritius stipulates t h a t whoever desires to engage or assist any person to emigrate for the purpose of skilled work must state in his application to the Governor the number of persons whom he proposes to engage or assist, the place to which they are to proceed, the provisions made for the health and well-being of the emigrants and for their repatriation at the end of their contracts, the security offered, etc. Employers in Bechuanaland and British Somaliland are required to give similar details when applying for a permit. I n the Leeward Islands every licence must specify the number of labourers who may be recruited, the name of the place to which they will be taken, and the name and address of their employer. I n Seychelles also the licence must specify the place or places for which servants may be procured. In Ceylon any employer who wishes to send one or more native emigrants or emigrants of Indian origin on board a ship must apply for a permit stating the names of the persons to be shipped, the work for which they are engaged, the duration of their employment, and the port where they are to be landed. (Emigration Ordinance 1917, section 5.) The licences, permits, or registration may be valid only for short periods, e.g. Gambia, the Gold Coast, Nigeria and Sierra Leone, three months ; Leeward Islands, six months. In Jamaica and the Windward Islands of St. Lucia and St. Vincent registration must be renewed every twelve months, and in Seychelles a licence continues in force only for one year. I n Bechuanaland and Hongkong licences expire on 31 December of the year in which they are granted. The Resident Commissioner or Governor of the colony may have power to suspend or revoke the licence or registration, as in Bechuanaland, Jamaica, St. Lucia, St. Vincent, and Seychelles. Although the Labour Ordinance of the Straits Settlements requires no licence or permit, it states t h a t any person who by force, intoxication, or ill-treatment induces any person to enter into a contract of service will be liable to a fine not exceeding $1,000 S or to imprisonment for two years, or both. GUATEMALA.—The Decree of 20 July 1923 requires an employer who wishes to recruit workers for employment abroad to apply for previous authorisation to the Ministry of Agriculture. He must state the number of workers he proposes to engage, the commune or department where he wishes to recruit them, the nature of the work offered, the period of the contract and its various conditions. The authorisation is not granted until the Government has approved the conditions stipulated in the contract of engagement and ascertained that the rights and health of the worker and the maintenance of his family will be properly secured. HAITI.—There are two sorts of licence, according as the recruiter is a foreign employer or his representative, or else an agent domiciled in Haiti. Any foreign employer (individual, undertaking, or company) who wishes to recruit workers in Haiti, whether personally or through a representative, must first apply to the Ministry of the Interior for a special licence. If he proposes to act through a representative, the latter cannot receive the licence unless he holds proper powers countersigned by the Haitian consul. A fee must be paid when the licence is issued and a security deposited. A licence is not granted to foreign persons, undertakings, or companies unless they accept, either personally or through their representative, the 1 One Straits Settlements dollar = approximately 2s. id. (28 Jan. 1928). SPECIAL REGULATIONS CONCERNING RECRUITING AGENTS 159 following obligations. They must pay the cost of the passport, journey, and registration, including any landing costs incurred by emigrants. They must ensure that emigrants are given proper treatment, healthy dwellings, good and sufficient food, all the medical and other attendance they may require in case of sickness or accident, whatever the cause; they must immediately inform the nearest Haitian consul of any serious accident or illness of a Haitian emigrant. The wages they pay must not fall below the rates current in the place of employment for similar work. They must ensure the free repatriation of emigrants at the end of the term of engagement and comply with any other measure considered necessary by the Government for the protection of emigrants. A person domiciled in Haiti who wishes to act as an emigrant agent and engage workers for abroad must also apply to the Ministry of the Interior for a licence, but in this case a smaller fee is demanded. Neither licence may be transferred. I t is valid for the current financial year and may be withdrawn a t any time in cases of violation of the law. Recruiting without a licence is subject to heavy penalties. (Emigration Act, 28 February 1924, sections 1-3 and 7-9.) INDIA.—Indian law distinguishes between the recruiting of workers engaged for unskilled work and recruiting of skilled workers. The Government of a country to which emigration for the purposes of unskilled work is lawful must appoint an Emigration Commissioner in India to recruit workers in its name, and his nomination must be approved by the Governor-General. The Emigration Commissioner is responsible for all the recruiting transactions made in the name of his Government, and for this purpose appoints emigration agents and inspectors under the conditions specified below. The Governor-General may not authorise the recruiting of unskilled workers until he has ascertained t h a t the remuneration of the Emigration Commissioner does not depend on the number of workers whom he assists to emigrate but consists of a fixed salary. The Emigration Commissioner is responsible for the information given on the country by which he is appointed and for all the arrangements made for the emigration of the workers recruited by his staff. Any person who desires to engage or to assist any person to emigrate for the purpose of skilled work must apply for the permission of the Local Government having jurisdiction at the port from which the emigrant is to depart. After making such enquiry, the Local Government may grant the permission applied for on such terms and conditions, if any, and on payment of such fees, if any, as it thinks fit. Its decision is final. A copy of the permit must be sent to the Protector of Emigrants a t the port where the recruiter is to embark the emigrants. The Protector of Emigrants issues a recruiting certificate after having ascertained t h a t each emigrant has duly received in writing full explanation of the period of his engagement and the general conditions in the country of destination. No persons may be authorised to recruit skilled workers unless they state in their application the number of persons whom they propose to engage or assist, the place beyond the limits of India to which each such person and his dependants are to proceed, the accommodation to be provided for each such person and his dependants until their departure from India and during the voyage, the provision made for their health and well-being during the period of the proposed engagement and for their repatriation at the end of such period, the terms of the agreement under which such person is to be engaged, and the security which they propose to furnish for the due observance of the agreement. (Emigration Act of 5 March 1922, sections 16 and 17, and Rules of 10 March 1923, sections 3, 4, 57-59.) ITALY.—The Emigration Act of 13 November 1919, section 18, states t h a t no person may recruit emigrants unless he has obtained from the 160 RECRUITING AND PLACING IN EMPLOYMENT ABROAD General Emigration Department the licence which is issued to carriers of emigrants (vettore di emigranti). Recruiting agents are subject to the same conditions as ordinary emigration agents (see Chapter VII). Special licences are issued for recruiting for purposes of settlement (see below, § 3) or for work in a continental country (see Chapter XII). The conditions under which permits are granted and renewed are fixed by regulations. The payment of a deposit may be required. The contract signed by the person or undertaking in whose name the recruiting takes place must be attached to the original licence (section 35). JAPAN.—Any person who wishes to act as an emigration agent (Imin Toriatsukainin) must apply to the Minister of Foreign Affairs for permission, stating the address of his agency, the capital invested, the duration of his business if this is limited, the destination of the emigrants, the conditions a t the place of destination, and the work offered. He must also state the approximate number of emigrants to be recruited, the methods of recruiting, and the conditions of the contract, and, in the case of a company, its capital, the names and status of its representatives in J a p a n and abroad, as a recruiter may not send emigrants to a country where there is no representative. A deposit is required as a guarantee that the recruiter will fulfil his obligations. Any change in the organisation of the business must a t once be notified, as also the opening of any new branch. I n cases of recruiting for collective emigration, the list of localities where it is to take place must be sent to the local government. The authorisation may be withdrawn in cases of breach of public order or if the security is not deposited. If the business comes to an end, any obligations contracted towards recruited emigrants must be carried out. Agents who recruit emigrants under a contract with another party (foreign employer, colonisation association, etc.) must notify the terms of the contract to the Japanese authorities of the place where they propose to recruit workers and in the country of destination. In no case may they make a person emigrate who has no intention of doing so. A permit to recruit emigrants is granted only to a Japanese subject or a commercial company whose members or shareholders are all Japanese subjects and whose head office is in Japan. Persons who are incompetent or quasi-incompetent, persons who have been deprived of their civil rights or whose civil rights have been suspended, bankrupts, and persons who have been sentenced to imprisonment may not be emigration agents. Regulations concerning private recruiting agents do not apply to recruiting carried out under special treaties concluded by the Japanese Government. Emigrants Protection Act, sections V-VIII, X I , X I I , X V I , and X X I X , and Administrative Regulations, sections V-VII and XXIV.) MEXICO.—The Act of 12 March 1926, section 73, provides that regulations issued under the Act will fix the obligations of recruiting agents, emigration agents, and in general any persons who, whether on their own account or on that of others, conclude contracts which involve the emigration of Mexican workers. NETHERLANDS : East Indies.—In J a v a and Madura no person may act as an emigration agent, i.e. recruit natives for work abroad or in a possession outside the East Indies, without permission by the Director of Justice. Similar permission is needed when the recruiting is done directly by the employer or by his representative, known as a recruiting agent (Werfagent), who concludes contracts with the natives in the name of the employer. The grant of a permit m a y be made subject to special conditions or may be refused arbitrarily. Any permit granted may be withdrawn at any SPECIAL REGULATIONS CONCERNING RECRUITING AGENTS 161 time. Security is required. (Ordinances No. 613 of 14 September 1914; No. 423 of 22 J u n e 1915 ; No. 693 of 4 December 1915 ; and the Government Order No. 7409 of 4 December 1915 ; Ordinances No. 56 of 4 February 1925 and No. 535 of 14 July 1920.) NICARAGUA.—The Act of 7 February 1923 requires any person who wishes to recruit workers for foreign countries to apply first for permission to the Minister of the Interior (section 3). The permit is granted on condition that the written application specifies the number of workers to be engaged by contract, the place to which they are to proceed, the nature of the work in which they are t o engage, the duration of the contract, the wages to be paid, the means of transport to be used, and the conditions of repatriation on the termination of the contract. I t must be agreed under the contract that the workers will be given proper board and lodging and medical attendance in case of need. A copy of the contract of work must be attached to the application. The deposit of a sum and a personal reference are demanded. For the term of the engagement of the workers the person who engaged them must keep a representative in Nicaragua, with whom the executive authorities may settle any complaints made by the workers or their families. PORTUGAL.—The regulations for the administration of the Emigration Decree (No. 5886 of 19 June 1919) distinguish between three types of commercial emigration agents : transport agents (Chapter VI of the regulations), travelling and passport agents (Chapter VIII of the regulations) who undertake the preparations for the journey, and emigration agents (Chapter VII of the regulations) who are recruiting agents properly so called. The regulations concerning the latter group are examined in this chapter, those concerning the first two groups in the following chapters. Certain provisions are, however, common to all three. Emigration agents, i.e. companies, undertakings, or individuals who recruit emigrants for foreign countries or colonies, or send them there, must hold a licence granted by the General Emigration Department after approval of a copy of the emigration contract and a statement of the number of emigrants to be recruited, the place to which they are to proceed, the work for which they are intended, and the guarantees offered. The licence may be withdrawn if the agent becomes liable to the imposition of a penalty under the Emigration Decrees, if he promotes secret emigration, or fails to observe the conditions of the emigration contracts (Decree of 10 May 1919). The Decree of 19 J u n e 1919 adds t h a t reasons of State may also lead to the limitation or withdrawal of the licence (section 80). An emigration agent's licence is granted only on the following conditions. The agent must be of Portuguese nationality, whether by birth or by naturalisation. He must submit a certificate proving that he has committed no crime, and that his moral and civil conduct is satisfactory. He must deposit a security, ensure that emigration laws will be observed, and that contracts will be concluded only under the terms specified in the regulations. He must further recognise his responsibility for the observance of the contracts, the safety and protection of emigrants; he must promise not to separate husbands from wives, or children from parents without the consent of the interested persons, and must respect the civil liberty and religious beliefs of the emigrants. He must not prohibit their use of the Portuguese language and must give the necessary facilities for the education of their children. Finally, he may not encourage secret emigration in any way. (Decree of 10 May 1919, sections 17 and 18, and Administrative Regulations of 19 June 1919, section 77.) Colonies.—The general system of recruiting in Portuguese colonies is defined by the Decree of 14 October 1914 on Native Labour. No person may recruit native workers for employment by another person, 12 162 RECRUITING AND PLACING IN EMPLOYMENT ABROAD whether in the territory of the colony or outside, unless he is a recruiting agent or belongs to the staff of an agency. Employers who wish to recruit workers for their own service may do so through a recruiting agent or in person, but must then obtain a recruiting licence from the competent authority. The issue of a licence is subject to the submission of extracts from the criminal record of the applicant and a certificate of good conduct, the deposit of a security and the payment of a fee. The licence is valid for one year and may be renewed, ft may be limited t o a certain colony or a certain region. The following persons may not be authorised to engage in the recruiting of natives under contract : (1) persons sentenced by the ordinary courts or the curators for breach of the Native Labour Regulations, for a period of two years from the date of the sentence ; (2) persons who have been sentenced by a criminal court; (3) foreigners in the employment of their Governments; (4) nationals or foreigners not domiciled in the colony; (5) administrative officials, in the case of recruiting for a private undertaking ; The application for a permit must state the number of native workers to be recruited, the place where the work is to be carried out, the nature of the work, and the duration of the contract (sections 99, 100, 115, and 116). The general conditions of recruiting are modified by certain agreements concluded between Portuguese colonies. Thus two modi vivendi, concluded, one between Angola and the Colony of St. Thomas and Principe on 28 April 1926, and another between Mozambique and St. Thomas and Principe on 14November 1925, lay down special conditions for the recruiting of an annual contingent of 5,000 natives from Angola and 3,600 from Mozambique for St. Thomas and Principe. Under these agreements recruiting in the two colonies in question may be effected by the general representative of the Association of Employers of St. Thomas and Principe, and under the responsibility of t h a t association. The representative need not hold a recruiting licence, but must have a properly drawn up authorisation to undertake recruiting. The agents working under his direction must have a licence. SERB-CROAT-SLOVENE KINGDOM .—The Labour Protection Act of 28 February 1922 provides in section 103 t h a t national workers may not be recruited for foreign countries without an authorisation from the Ministry of Social Affairs, which decides under what conditions workers may be engaged, whether individually or collectively, for foreign employers. In this way, the General Immigration Society representing French employers obtained on 23 January 1925 authority to engage agricultural workers under the supervision of the Zagreb Immigration Commission. Applications approved by the French Ministry of Agriculture are transmitted to the Immigration Society at Zagreb, which notifies the employment exchange of t h a t town and engages the workers, who present themselves under the supervision of the Yugoslav Emigration Commission. SWEDEN.—The Ordinance of 4 June 1884 requires persons who wish to act as emigration agents to obtain a permit. I n point of fact, however, this Ordinance deals chiefly with emigrant transport (see Chapters VII and IX). SWITZERLAND.—The Federal Constitution provides t h a t " t h e operations of emigration agencies not set up by the State shall be subject to Federal supervision and legislation". I n consequence the Federal Act of 22 March 1888, the Regulations of 10 July 1888 and various Orders have regulated the work of private emigration agencies, which must obtain a licence. As these agencies engage more in the transport of emigrants than in their recruitment, the conditions for the issue of the licence are examined in Chapter VII. The Circular of the Federal Council to the Cantonal Governments of 17 May SPECIAL REGULATIONS CONCERNING RECRUITING AGENTS 163 1918 deals particularly with the regulation of the engagement of workers. I t provides that all such engagements for foreign countries must be supervised, and instructs the Federal Emigration Office to provide for this with a view to remedying any abuses. For this purpose it invites the Office to establish relations with the Cantonal Governments, which must in turn inform the Emigration Office of cases of recruiting and also take appropriate steps to prevent artificially induced emigration. U N I O N O F S O U T H AFRICA.—The Native Labour Regulation Act No. 15 of 1911 stipulates that every employer wishing to recruit natives for employment outside the Union must be the holder of an employer's recruiting licence (section 5). Such licence, which is valid only for a specified region, is not required of a person who employs less than twenty natives at any one time (sections 5 and 8). Persons exercising the calling of a labour agent or runner must also be licensed (section 4). The holder of an employer's recruiting licence or a licensed labour agent may employ runners by obtaining a permit in respect of each runner from the magistrate (section 9). The Governor-General may prohibit the recruiting of natives for employment outside the Union (section 25). U N I T E D S T A T E S : Philippine Islands.—All persons or corporations recruiting Filipino labourers for work outside the Islands must be licensed annually by the Government. The licence must show the name of the province or provinces for which it is valid. (Act No. 2486, enacted 5 February 1915, as amended by Act No. 3148, section 3.) P o r t o Rico.—Any person or company acting as a n emigration agent for recruiting workers in Porto Rico must give the Commission of Agriculture and Labour all information concerning such emigration and take all measures for securing the observance of the Emigration Act. (Act of 29 May 1919, section 4.) (c) FEES AND SECURITY W h e n a p e r s o n or c o m p a n y is g r a n t e d a p e r m i t t o r e c r u i t n a t i o n a l w o r k e r s for e m p l o y m e n t a b r o a d i t often h a p p e n s t h a t a g e n e r a l fee m u s t b e p a i d w h e n t h e g r a n t is m a d e . Sometimes a fee p e r e m i g r a n t r e c r u i t e d is r e q u i r e d i n s t e a d or i n a d d i t i o n . A s a r u l e t h e s e fees a r e u s e d t o m e e t t h e a d m i n i s t r a t i v e e x p e n s e s of t h e e m i g r a t i o n services. I n order t o be sure t h a t t h e obligations assumed in t h e contract of w o r k will b e p r o p e r l y c a r r i e d o u t , t h e r e c r u i t i n g a g e n t or e m p l o y e r is u s u a l l y r e q u i r e d t o d e p o s i t a s e c u r i t y i n a f o r m a c c e p t e d b y t h e c o m p e t e n t a u t h o r i t i e s , or t o give a reference t o a s o l v e n t b a n k in t h e c o u n t r y w h i c h will a g r e e t o g u a r a n t e e t h e r e c r u i t i n g t r a n s a c t i o n s u n d e r t a k e n b y a foreign e m p l o y e r . T h i s s e c u r i t y is also i n t e n d e d t o m e e t a n y e x p e n s e s i n c u r r e d b y t h e G o v e r n m e n t a s a r e s u l t of t h e e m i g r a t i o n of r e c r u i t e d w o r k e r s ( r e p a t r i a t i o n e x p e n s e s , a s s i s t a n c e in case of sickness, e t c . ) . BELGIAN MANDATED TERRITORY : Ruanda-Urundi.—The employer must give a security when the contract of work is approved and 164 RECRUITING AND PLACING IN EMPLOYMENT ABROAD the leaving permit issued to the worker engaged. The nature of this security is specified in each case by the Governor. I t is intended for the payment of any costs incurred by Ruanda-Urundi on the maintenance of natives, their medical treatment outside the territory and their repatriation, and for the maintenance of persons within the territory whom the worker is under obligation to support and who may become necessitous during his absence. The remainder of the security guarantees the payment of the sums due for any reason from the employer to the worker. Unless regular objection is raised by a third party, the security, after deducting the sums for which it is a guarantee, is refunded on the return of the native or on his death, and in any case five years after his departure. The employer must also pay a fee per person engaged, which is fixed on each occasion by the Governor and may not exceed 300 francs l per worker per term. The sums obtained from these fees are paid into a special fund used to support philanthropic activities for the benefit of natives of the territory. A total or partial exemption from the payment of these fees may be allowed to employers who spend on the creation or maintenance of similar philanthropic activities in the territory a sum a t least equal to the fees they would have been liable to pay. (Decree of 19 July 1926, sections 8, 9, and 12.) BRITISH MANDATED TERRITORY : Tanganyika.—Any person applying for a permit to recruit any native to be employed as a servant may be required to sign a bond for the fulfilment of the regulations concerning the employment of labour (Native Labour Ordinance, 1923, section 25 (2)). Moreover, when an employer resides out of the territory, he is required to give security by a bond for the due performance of the terms of the contract (section 8). FRENCH MANDATED TERRITORY : Togoland.—A permit to undertake the engagement and transport of emigrants is granted on condition of depositing a security, the amount and conditions of which are fixed for each particular case. I n addition, commercial, agricultural, and industrial undertakings and emigration or recruiting companies and agencies which are authorised to engage emigrants must pay a special duty for each native. (Decree of 1 March 1927, sections 5 and 8.) CHINA.—An agent to whom a licence is issued must pay the sum of 10,000 dollars 2 as "security for the licence". In addition he must pay a "security for the undertaking" of a t least 5,000 dollars for each particular authorisation to recruit a contingent. These sums may be increased by the Emigration Bureau if the number of workers recruited is over 2,500. (Regulations concerning Recruiting Agencies, 1918, section 8.) COSTA RICA.—The recruiting agent must deposit Treasury the sum of 100 colons 3 per worker recruited as the persons concerned will be compensated in the event contract. In addition, he must provide security for the of transported workers to their original domicile on the the contract. (Act of 28 October 1922.) with the Public a guarantee that of breach of the free repatriation date specified in FRANCE.—The payment of a deposit fixed by decree is necessary for obtaining an authorisation for recruitment and transport. (Decree of 9 March 1861, section 2.) In the French colonies security is generally required, the amount and 1 One Belgian franc = approximately l*4d. One Chinese dollar = approximately 2s. 3 One colon = approximately 1.05s. 2 SPECIAL, REGULATIONS CONCERNING RECRUITING AGENTS 165 conditions being fixed in each particular case by the Governor of the colony. Sometimes a minimum amount is prescribed by decree of the central authorities. In Martinique the security may not be less than 1,500 francs 1 per emigrant. (French Congo : Decree of 2 July 1901, section 2 ; Ivory Coast : Decree of 25 October 1901, section 2; Dahomey : Decree of 13 October 1902, section 2 ; French Somaliland : Order of 6 September 1920, sections 5 and 8 ; Martinique : Decree of 15 March 1927 ; Madagascar : Emigration Decree of 6 May 1903, section 4; Mayotte and the Comoro Islands : Decree of 1 February 1902; Senegal : Decree of 17 June 1893.) I n Madagascar, however, companies or agencies which act in the name and under the guarantee of the administration of a French colony may be exempt from the security. (Decree cited, section 4.) I n Indo-China, an Order of the Governor-General dated 1 October 1926 introduced a so-called emigration t a x on industrial and agricultural labour, to be paid by the employer and mentioned in the contract of engagement. This t a x is fixed at 20 dollars per coolie engaged for a foreign country and 10 dollars per coolie engaged for a French colony. GREAT BRITAIN : Colonies.—The laws of a number of British colonies require that security must be given by an employer or agent intending to recruit labourers for work outside the colony as a guarantee to observe the laws concerning such recruiting. Barbados : Ordinance relating to Foreign Labour Contracts, section 5, s t i p u l a t e s a b o n d a m o u n t i n g t o £ 5 0 0 ; Bechuanaland : Native Labour Proclamation, No. 45 of 1907, requires deposit or security of £100; British Honduras : Labour Law, 1914, stipulates a bond of 2,000 dollars 2 ; British Somaliland : Native Labour Regulations, 1901, Regulation 12; Fiji : Emigration Ordinance, 1892, section 7; Gambia : Native Labour (Foreign Service) Ordinance, 1913, section 5) ; Gold Coast : Regulation of Employment Ordinance, 1921, sections 13-17; Hongkong : Asiatic Emigration Ordinance, 1915, provides for a bond of 5,000 dollars 3 ; Jamaica : Emigrants Protection Law, 1924, section 8, stipulates a bond of £500; Leeward Islands : Recruiting of Emigrants Act, 1921, section 8 ; Nigeria : Native Labour (Foreign Service) Ordinance, 1916, sections 6-9 ; Sierra Leone : Native Labour (Foreign Service) Ordinance, 1924, sections 5-9; St. Helena : Emigrants Protection Ordinance, 1906, section 7; Straits Settlements, 1926, section 200; Trinidad and Tobago : Foreign Labour Contracts Ordinance, 1900, section 5, stipulates a bond of £500; Uganda : Masters and Servants Ordinance, Chapter 55 of the Revised Laws of Uganda, 1923 ; Windward Islands : St. Lucia, Emigrants Protection Ordinance, 1916, section 6; St. Vincent, Emigrants Protection Ordinance, 1924, section 6. According to the Emigration Ordinance, 1925, of Mauritius, a person desiring to engage or assist any person to emigrate for the purpose of skilled work must state in his application for a licence the security in the colony which he proposes for the due observance of each agreement and for the proper treatment of the person to be engaged and his dependants (section 4). HAITI,—On the issue of a licence an emigration agent established in Haiti must pay a fee of 500 gourdes 4. Persons or companies not established in Haiti who recruit workers there through their representatives must pay a fee of 25,000 gourdes. In addition, foreign employers (individuals or companies) who recruit in these conditions or through representatives must give as a reference a bank established in Haiti which will guarantee the sum of 75 gourdes for 1 2 3 4 One One One One French franc — approximately 2d. British Honduras dollar = approximately 4s. 2d. Hongkong dollar = approximately Is. 6d. (28 J a n . 1928). gourde — approximately lOd. 166 RECRUITING AND PLACING IN EMPLOYMENT ABROAD each worker to be engaged, or else they must deposit with the Public Treasury a similar sum in cash. The securities are cancelled or refunded on the return of the emigrant to Haiti, or on the receipt of legal proof of his death, after the employer has submitted satisfactory proof of the fulfilment of his obligations. (Act of 28 February 1924, sections 2, 5, and 8.) INDIA.—The authorisation to recruit skilled workers requires the provision of security for the due observance of the contract and for the proper treatment of the person engaged and his dependants. On the expiry of the period to which the contract relates and on being satisfied t h a t no ground exists for forfeiting the security in whole or in part, the Local Government may order the return of the security or any part thereof to the person by whom it "vas furnished or to his representative. (Act of 5 March 1922, sections 16 a i d 19.) ITALY.—-The grant of a licence for the recruiting of emigrants for work overseas or in Europe is conditional on the payment of a fee of 20 lire l which is paid into the Emigration Fund. I n the case of recruiting for European countries, the agent must pay into the Emigration Fund a fee of 5 lire per worker recruited, or a corresponding security. Contraventions are punished by a fine of 50 to 1,000 lire per worker recruited illegally. In the case of the recruiting of minors or women, the minimum fine is 200 lire per person recruited. (Consolidated Act of 13 November 1919, sections 24 and 35, and Decree of 6 May 1923.) J A P A N and KOREA.—-In J a p a n and Korea the deposit to be paid must be fixed by the administrative authorities a t not less t h a n 10,000 yen ». Part of this deposit may be paid in the form of negotiable securities, and if their value falls below t h e fixed sum t h e difference m u s t be m a d e u p b y t h e depositor. If the undertaking is closed down or its authorisation withdrawn, the deposit may be retained as long as it is necessary to secure observance of the agent's obligations towards the emigrants he has recruited. (Japan : Emigrants Protection Act, 1907, section XVI, and Regulations, section X X X V I ; Korea : Emigrants Protection Act, 1906, section XVI, and Administrative Regulations, section VII.) N E T H E R L A N D S : E a s t Indies.—Emigration agents, employers and their representatives who recruit natives in J a v a and Madura must deposit a security, fixed in each particular case by the Director of Justice, and pay into the Public Treasury a fee of two florins 3 for each contract of engagement concluded. (Ordinances 613 of 14 September 1914, and 693 of 4 December 1915.) NICARAGUA.—A deposit of 20 córdobas 4 per worker engaged must be paid into the National Treasury as security for the settlement of justified complaints of the workers in the event of breach of contract. It is repaid in accordance with the provisions of the contract of each worker if justified by the circumstances. I n addition, the recruiter must give the name of a solvent bank in Nicaragua which will guarantee that the workers taken abroad will be repatriated free of charge to their place of domicile on the termination of their contracts. (Act of 7 February 1923.) i One lira = approximately 2 -7 d. 2 One yen = approximately Is. lOJd. one florin = approximately Is. Sd. 4 One córdoba = approximately 4s. 2d. 3 SPECIAL REGULATIONS CONCERNING RECRUITING AGENTS 167 PORTUGAL.—Emigration agents deposit a security of 6,000 milreis 1 and must pay an annual duty of 500 milreis. (Decree of 10 May 1919, section 18.) Colonies.—By the Decree of 14 October 1914, agents who recruit natives for work outside the colony must deposit a security of 1,000 escudos 2, pay a fee of 100 escudos on the issue of their licence, and in addition a fee of 1 escudo for the authorisation of each of their European sub-agents and of half an escudo for each of their native sub-agents. Employers recruiting on their own account pay a deposit of 20 escudos and a fee of 2 escudos (sections 118 and 121). The same Decree states that farmers in St. Thomas and Principe may recruit workers in other Portuguese colonies by paying for each contract of work a fee of 4 escudos for one year, 7 escudos for two years, and 9 escudos for over two years, but they need not pay the other fees required of recruiters within one and the same colony; special regulations, however, apply to recruitment by employers in St. Thomas and Principe in Angola and Mozambique. The agreements concluded by St. Thomas and Principe with these colonies, on 28 April 1926 and 14 November 1925 respectively, affect both the licence fees for agents and sub-agents and the recruiting fees per person engaged. I t should be observed that although in principle the fees fixed may not be changed during the term of the agreement, they may be altered if there should be any marked fluctuation in the value of the escudo in Angola or Mozambique, on which they are calculated, in relation to the gold escudo of the mother country. UNION OF S O U T H AFRICA. — Under the terms of the Native Labour Regulation Act, 1911 (Annex B), a person applying for an employer's recruiting licence must state particulars as to the security offered. UNITED S T A T E S : Philippine Islands.—By Act No. 2486 of 5 February 1915 it is stipulated t h a t every person who directly or indirectly engages in the Philippine Islands in contracting, enlisting, recruitment, or shipment of labourers must pay an annual sum of 500 pesos s to the Government. The provision does not apply to persons who contract individuals for personal service or to make up the crew of a ship. (d) REGULATIONS CONCERNING THE S T A F F OF R E C R U I T I N G AGENCIES As a r u l e , t h e h e a d of a n u n d e r t a k i n g of t h i s k i n d is r e s p o n s i b l e for t h e c o m m e r c i a l t r a n s a c t i o n s e n t e r e d i n t o b y his staff. Certain e m i g r a t i o n l a w s definitely specify t h a t a r e c r u i t i n g e m p l o y e r is r e s p o n s i b l e for t h e a c t i o n t a k e n in his n a m e , a n d t h a t he m u s t o n l y e m p l o y p e r s o n s a u t h o r i s e d for t h e p u r p o s e . B R I T I S H M A N D A T E D T E R R I T O R Y : Tanganyika.—According to the Native Labour Ordinance, 1923, section 4 (3), the contract of service signed by a labour agent is binding on his principal. The labour agent 1 One milreis ^- approximately 2£d. - One escudo ^ approximately 2£d. 3 One Philippine peso = approximately 2s. Id. 168 RECRUITING AND PLACING IN EMPLOYMENT ABROAD may not employ any agent until he has received the consent in writing of the official who issued his permit (section 26). FRENCH MANDATED TERRITORY : Togoland.—Commercial, agricultural, and industrial undertakings and recruiting companies or agencies which are authorised to engage emigrants are responsible for the actions of their agents, and if the latter become insolvent, must pay any fines for which they may be liable. (Decree of 1 March 1927, section 10.) FRANCE.—All agents employed by recruiting companies in France or abroad must hold authenticated powers. The companies are responsible for the acts of their agents. (Decree of 9 March 1861, section 4.) Colonies.—Similar regulations apply in the following colonies with respect to the recruitment of natives : French Congo : Decree of 2 July 1901 ; Ivory Coast : Decree of 25 October 1901; Dahomey : Decree of 14 October 1902 ; Mayotte and the Comoro Islands : Decree of 1 February 1902 ; Senegal : Decree of 17 June 1895. HAITI.—By a Decree of 24 April 1924 persons, not being emigration agents, who are employed by an emigration company or its representatives for the recruitment of Haitian workers must be of Haitian nationality and hold a mandate drawn up by a notary and approved and registered by the Secretariat of State for the Interior (section 4). INDIA.—If the Local Government so requires, the Emigration Commissioner for a country which may lawfully recruit in India must divide the district in which he proposes to carry on his operations into specified areas in agreement with the Local Government. He must appoint an emigration inspector for each district to supervise the recruiting operations of the agents he chooses in whatever number he thinks fit. Such agents must be of good reputation and, if possible, have worked in the region where they are employed. The appointment of emigration inspectors and their agents by the Emigration Commissioner must be approved by the Protector of Emigrants and countersigned by the magistrate of the district where they are to work. The latter may refuse his visa, but in this case he must state his reasons in writing. If he grants it, he retains the right a t any time to withdraw it after enquiry if the agent in question is guilty of any offence. Emigration agents may not carry on their business elsewhere than in the district for which they hold a licence from the Emigration Commissioner. The number of persons whom the agent may assist to emigrate is fixed in his licence. The Emigration Commissioner must, supervise the work of all persons employed for recruiting operations, and he is responsible for their acts. (Rules of 10 March 1923, sections 3 and 6-13.) JAPAN.—If an emigration agent wishes to appoint an agent to conduct his business he must apply to the Minister of Foreign Affairs for a permit, stating the powers to be given to the agent and his antecedents. The local Government must approve the appointment of subordinate staff in the offices or branches of the business. Such approval is personal, and any change owing to dismissal, death, etc.. must be notified, and the licence of an authorised agent or employee must be returned to the administrative authorities after he has left the undertaking. The authorisation may be withdrawn a t any time in cases of breach of the regulations. Where collective recruiting is carried on the recruiter himself or one of his responsible agents must always be on the spot. The local governor of the port of embarkation may require the recruiter to appoint an agent for the port. (Emigrants Protection Act, section X , and Administrative Regulations, sections XI-XIV and XXII.) SPECIAL REGULATIONS CONCERNING RECRUITING AGENTS 169 Korea.—For the appointment of a sub-agent (dairi-nin) emigration agents must obtain a permit from the Minister of the Interior, and in their application must give all the information required on the person to be appointed. (Emigrants Protection Act, 1906-1908, section IV, and Administrative Regulations, section V.) N E T H E R L A N D S : E a s t Indies.—In Java and Madura, Ordinance No. 613 of 14 September 1914 empowers emigration or recruiting agents who recruit natives for foreign countries or other Dutch colonies to appoint authorised representatives to take their place in their absence or if they are otherwise prevented from carrying on their work (section 1). P O R T U G A L : Colonies.—-The Portuguese Government, in agreement with the Central Emigration Council in the Ministry for the Colonies may set up recruiting agencies in any Portuguese colony. Emigration agents may also be authorised to recruit workers of one colony for another. They may employ European or native sub-agents as assistants, provided t h a t they obtain an authorisation for this purpose and pay a fee. European or other non-native sub-agents are appointed by the CuratorGeneral or the officials of the Curatoriat on the proposal of the employer or the recruiting agent, who must at the same time state that the person in question is of good reputation. False declarations are punished. Native sub-agents are appointed by the employer or recruiting agent, who must furnish them with a document proving their appointment and must notify the local administrative authorities and pay the specified duty. The licences are personal. The recruiter may not substitute one person for another for the performance of this work, on pain of a fine or imprisonment. Native sub-agents may be employed only by agents who are of Portuguese nationality. The agents of emigration companies formed by employers in one colony for recruitment in another are appointed by the Agent-General of the colony of immigration, and must be approved by the Governor-General of the colony of recruitment before they enter on their activities. These agents are subject to the general provisions relating t o recruiting agents. (Decree of 14 October 1914, sections 113, 121, 122, 129, and 133.) In Angola and Mozambique special provisions relate to the agents appointed by the Association of Employers of St. Thomas and Principe under the agreements already cited. U N I O N OF S O U T H AFRICA.—The Native Labour Regulation Act, No. 15 of 1911, provides t h a t the holder of an employer's licence under the Act shall be responsible for every act done or representation made in the scope of his employment by any runner employed by him (section 10). (e) REMUNERATION OF THE RECRUITING AND AGENTS SUB-AGENTS O c c a s i o n a l l y i t is p r o v i d e d t h a t r e c r u i t i n g a g e n t s m u s t b e r e m u n e r a t e d in t h e f o r m of a fixed s a l a r y , w h i c h does n o t v a r y i n a c c o r d a n c e w i t h t h e n u m b e r of e m i g r a n t s r e c r u i t e d , a s a m e a n s of p r e v e n t i n g d e t r i m e n t a l p r o p a g a n d a i n f a v o u r of emigration. Certain laws also t r y t o protect t h e emigrant against e x p l o i t a t i o n b y t h e a g e n t t o w h o m he a p p l i e s for e m p l o y m e n t a b r o a d , b y p r o h i b i t i n g s u c h a g e n t s from c h a r g i n g a fee or b y fixing a m a x i m u m for t h e fee. 170 RECRUITING AND PLACING IN EMPLOYMENT ABROAD F R A N C E : Colonies.—In French Somaliland, Order No. 320 of 6 September 1920 allows agents who recruit natives t o charge a fee, but fixes a maximum of 10 francs * per native recruited (Section 14). INDIA.—The Emigration Commissioner of a Government which recruits emigrants in India, the emigration inspectors he appoints in each district, and his agents must be paid in the form of a fixed salary and not in proportion to the number of emigrants recruited or assisted. (Rules under the Emigration Act, 10 March 1923, sections 3, 6 and 7.) J A P A N . — A recruiting agent may, in no circumstances, receive from emigrants other money t h a n the fee payable by them. The amount of this fee must first be approved by the Japanese administrative authorities and must be stated in the emigration contract. (Emigrants Protection Act, section XIV.) Korea.—The regulations are the same. (Emigrants Protection Act, section VII.) (f) CONTROL OF THE PROPAGANDA AND ACTIVITIES OF RECRUITING A G E N T S T h e d u t y of s u p e r v i s i n g t h e a c t i v i t i e s of a u t h o r i s e d r e c r u i t i n g a g e n t s a n d t h e i r e m p l o y e e s is s o m e t i m e s e n t r u s t e d t o specified officials. T h e a g e n t s m a y b e allowed t o e n g a g e o n l y i n c e r t a i n o p e r a t i o n s , a n d often t h e y a r e p r o h i b i t e d f r o m e n g a g i n g i n p r o p a g a n d a i n f a v o u r of e m i g r a t i o n or f r o m u s i n g force t o o b t a i n r e c r u i t s . As a r u l e t h e i r p u b l i c i t y w o r k is closely s u p e r v i s e d . I n t h e case of u n e d u c a t e d e m i g r a n t s ( c e r t a i n n a t i v e s of A s i a a n d Africa), t h e officials r e s p o n s i b l e for s u p e r v i s i n g of r e c r u i t i n g a r e s o m e t i m e s r e q u i r e d t o a s c e r t a i n , before t h e r e c r u i t e d w o r k e r leaves, t h a t he consents a n d has properly understood t h e t e r m s of h i s c o n t r a c t . CHINA.—The work of recruiting agents is subject to supervision by the local authorities for the districts where they carry on their business. These authorities must submit to the Emigration Bureau, through the ordinary channels, reports on the work of recruiting agents. A recruiting agent who uses dishonest methods or misleading promises as a means of influencing the emigrants he engages is liable t o imprisonment, and his licence is withdrawn and his security forfeited. (Labour Emigration Act of 21 April 1918, section 15, and Regulations of the same date, section 15.) CZECHOSLOVAKIA.—The Emigration Act of 15 February 1922 imposes the penalty of imprisonment on any person who induces another t o emigrate by making use of deceitful representations t o produce a wrong impression upon him or by wilfully encouraging him in his wrong impressions. Any person who acts as above by way of trade is liable t o imprisonment for not less t h a n six months and not more than five vears. 1 One French franc = approximately 2d. SPECIAL REGULATIONS CONCERNING RECRUITING AGENTS 171 The publication of works and prospectuses as an inducement to emigrate is prohibited, as is also the distribution of literature of this type (section 33). FRANCE : Tunis.—According to the Tunisian Penal Code (section 295), any person who induces a Tunisian subject to emigrate by the statement of untruths or by false information is liable to five years' imprisonment and a fine of 3,000 francs. GERMANY.—The Act of 9 J u n e 1897 provided for official supervision of the activities of employers and emigration agents and, in particular, for the checking of their books, their statistics, etc., and the forms of their contracts (section 21). The recent Ordinance of 14 February 1924 requires the authorities in the various States (Länder) where companies engage in emigration business, to make sure t h a t these companies in no way injure the general interests of the country or exploit those who wish to emigrate. For this purpose the State Governments must, among other things, send representatives to all the meetings of the companies in question, and examine their lists, publications and accounts (section 3). The distribution of prospectuses concerning emigration prospects may be prohibited by the State concerned. HUNGARY.—The Emigration Act of 1909 prohibits in a general way all propaganda for emigration, whether by word of mouth, in writing, or by pictures, and punishes it by severe penalties (section 37). INDIA.—In the case of recruiting for unskilled work the Emigration Commissioner is responsible for the reliability of the information given concerning the country for which he is authorised to recruit, and for the measures taken to assist the emigrant in that country and provide for his safety. The notices on conditions of work which he distributes, or has distributed by his agents, must first be approved by the Governor-General (see § 2), and the Government makes sure that an emigrant recruited for unskilled work has fully understood the information contained in such notices. For this purpose, prior to despatch to the port of embarkation, every intending emigrant must be produced before the district magistrate, who examines him, without witnesses, regarding the reasons for desiring to emigrate and his knowledge of the conditions attaching to his emigration. Emigrants recruited at the port of embarkation are examined in the same way by the official appointed for the purpose. The competent official then records on the nominal roll whether the worker in question may emigrate or not. In doubtful eases an enquiry is made. Another examination, before the Protector of Emigrants, takes place just before departure (see Chapter VIII, § 4), and if it is found t h a t the emigrant appears not to have understood the conditions on which he is proceeding, and on such conditions being adequately explained to him, is unwilling to embark, permission to embark is refused and the emigrant is returned to his home a t the expense of the Emigration Commissioner. The work of recruiting agents authorised to recruit skilled workers is subject to supervision by the Protector of Emigrants, who must ascertain that each emigrant has received in writing full information on the duration of his engagement and general conditions in the country of destination. Before the recruited worker leaves, the authorised agent or his representative must appear, together with the worker and the members of his family, before the Protector of Emigrants a t the port of embarkation, who ascertains that the engagement has been made lawfully and, in particular, t h a t the terms of the contract are in accordance with the terms of the permission granted to the agent. All the particulars of the engagement are registered by him in a special record. (Rules of 10 March 1923, sections 4, 24, and 26, and Emigration Act of 5 March 1922, sections 16-18.) 172 RECRUITING AND PLACING IN EMPLOYMENT ABROAD JAPAN.—Propaganda by recruiting agents is subject to strict regulation. Advertisements in newspapers or the distribution of printed matter for the purpose of collecting emigrants must previously be approved by the local governor of the place where recruiting is t o take place. Further, an agent is prohibited from preparing the emigration of a person who is not intending to emigrate, and from recruiting persons against their wish. A recruiting agent or his representative who uses false information as a means for the collective recruiting of emigrants or the preparation of their emigration is liable to imprisonment. (Emigrants Protection Act, sections X I I and X X I V , and Regulations, sections XX-XXII.) Korea.—An emigration agent or his employee who brings pressure t o bear on the emigrants he recruits is liable t o a heavy fine. The same penalty is imposed on any person who, not being an emigration agent, is guilty of similar action. (Emigrants Protection Act, section XVI.) P O L A N D 1 .—According to the Russian Penal Code which is still in force in Poland, unlawful emigration propaganda is punished by imprisonment (section 265). P O R T U G A L . — A n y attempt to encourage emigration publicly in the form of detrimental propaganda for individual or collective recruiting is prohibited, even if, in fact, no emigration contracts are concluded in consequence. Emigration agents must limit their propaganda to simple publication of the conditions of the contracts they propose for emigrants and the statement of the guarantees provided for their observance a t the place of destination. (Decrees of 10 May 1919, section 10, and 19 J u n e 1919, section 78.) Colonies.—Certain provisions of the Decree of 14 October 1914 are intended to prevent natives from being misled by recruiting agents. Any person who abuses the lack of education and ignorance of a native to induce him to enter into a contract of service against his will is punished by fine and imprisonment. All workers recruited by an agent must appear before the Curator (the official responsible for the protection of natives) or one of his subordinates in the curatoriat nearest to the place of recruiting, so t h a t this official may ascertain that the recruiting contract is in accordance with the law and t h a t the native has freely consented to its conclusion (section 127). (g) PROCEDURE AND PENALTIES S o m e t i m e s special formalities m u s t b e o b s e r v e d i n c o n n e c t i o n with a n y proceedings t a k e n against recruiting agents. Certain p r o v i s i o n s of t h i s k i n d will b e d i s c u s s e d l a t e r . I n a g e n e r a l w a y b r e a c h e s of t h e r e g u l a t i o n s c o n c e r n i n g r e c r u i t i n g r e n d e r t h e offenders liable t o p e n a l t i e s w h i c h a r e o f t e n v e r y s e v e r e . I n s o m e c o u n t r i e s t h e officials a p p o i n t e d t o supervise recruiting have competence t o institute proceedings a n d p u n i s h offences. i See Supplement I : Decree of 11 Oct. 1927. EMIGRATION AND LABOUR CONTRACTS 173 COSTA RICA.—Any undertaking which has obtained a permit to recruit in Costa Rica must appoint an authorised representative to settle, in agreement with the Costa Rican authorities, all complaints arising out of the execution of the contracts put forward by recruited workers or their dependants. (Act of 28 October 1922.) ITALY.—Disputes arising out of recruitment for work in a European country are within the competence of the probiviral councils. An appeal against their decisions may be taken to the Central Emigration Committee. (Consolidated Emigration Act, 13 November 1919, sections 53-60.) JAPAN : Korea.—All disputes between emigrants and emigration agents are settled by the Minister of the Interior. (Emigrants Protection Act, 1906-1908, section XI.) PORTUGAL : Colonies.—The Curator and the officials of the curatoriat are competent to punish contraventions of the regulations concerning native labour and the recruitment of natives for abroad. (Decree of 14 October 1914, section 234.) § 2.—Emigration and Labour Contracts Most laws require recruiting agents t o conclude a written agreement with the emigrant. Such agreement must contain or exclude certain clauses specified by law. I n some countries the model contract t o be proposed t o the workers by the recruiting agent must first be submitted t o the Government for approval. Sometimes, the individual contract with each person engaged must be countersigned. There are certain special measures relating t o collective agreements. As a rule there are considerable differences between the contracts of engagement of white workers and those of coloured natives. The former aim at providing equality of treatment for immigrant and national workers, whereas the latter are intended t o ensure fair conditions for the person engaged, and therefore usually contain detailed regulations concerning the board and lodging of the worker, the medical attendance t o be provided, a fair distribution of workers in t h e composition of families, etc. A large number of recruiting contracts provide for the repatriation of t h e emigrant at the cost of the employer and define its conditions. These provisions are merely mentioned here, as the methods of repatriation under the contract are examined in detail in Chapter X , § 3. BELGIAN MANDATED TERRITORY : Ruanda -Urundi.—A native who wishes to emigrate must hold a contract of work approved by the 174 RECRUITING AND PLACING IN EMPLOYMENT ABROAD authorities, the approval being granted if the contract specifies the conditions laid down in the Ordinance on contracts for work outside the territory. These conditions refer, among other things, to the duration of the contract, the amount and method of payment of wages, the means of transport t o the place of work and back, board, lodging, clothing, medical attendance on the journey and at the place of work, repatriation by the employer, invalidity and funeral allowances, the existence in the country where the contract is to be carried out of an organisation giving adequate protection to the rights of the workers engaged, proof by the employer t h a t he has the necessary means to ensure the performance of all the stipulations of the contract. In addition, if the place of employment lies more than 25 kilometres from the frontier, approval is granted only if the employer holds a special permit issued by the Governor of the territory. (Decree of 19 July 1926, section 7.) B R I T I S H M A N D A T E D T E R R I T O R Y : T a n g a n y i k a . — B y the Master and Native Servants Ordinance, 1923, any person who induces a native to proceed beyond the territory with a view to being employed as a servant, or in any way assists in the engagement of a native for this purpose, is liable to a fine or imprisonment or both, unless there is a foreign contract of service (section 9) ; such a contract is not binding on the native unless it is in writing and signed by both parties (section 3). I t must bear the certificate or attestation of an administrative officer t h a t it was read to the native and that he assented to it voluntarily with full understanding of its meaning (section 4). An administrative officer may not approve any foreign contract of service without the consent of the Governor (section 5). The written contract of service must specify : (a) the nature and duration of the service : (b) the place or limits within which such service is to be performed; (c) the remuneration to be paid. The general form of contract is laid down in the schedule of the Act. Half-pay and rations are given from the date of recruitment until the date of departure from Tanganyika and full pay and rations thereafter. The employer undertakes to provide medical attendance, a given scale of rations and adequate housing. Servants may be accompanied by their wives, but women are not allowed to work. The employer has the right to repatriate a servant whose contract expires, or who is inefficient, or becomes so through sickness. No administrative officer may, without the consent of the Governor, approve a foreign contract of service which departs substantially from this form (section 5). No fine or period of imprisonment undergone by the servant can have the effect of cancelling the contract of service (section 34). When a servant is convicted under an ordinance of absenting himself or departing from the service of his employer, the period of his absence may. on the application of the employer, and a t the discretion of the court, be added to the term of service originally stipulated (section 35). CHINA.—The Emigration Act of 21 April 1918 states (section 8) that all contracts for Chinese labour except those made by the Government are to be referred to the Emigration Bureau for its approval. The same provision applies to contracts concluded under an agreement between the Chinese Government and the country of immigration concerning the conditions of Chinese workers' contracts. Such contracts must comply with the regulations on contracts of work of 3 May 1918, and must be drawn up both in Chinese and in the language of the employer. They must state the period of the engagement, the length of the working day (maximum ten hours), the rate of pay, which must not be less than that of the national (European or American) workers of the same category, the deduction of 20 per cent. from wages, to be sent to the emigrant's family through the medium of the EMIGRATION AND LABOUR CONTRACTS 175 Emigration Bureau, and the rate of the family allowances paid by the employer through the same channel. The employer must defray all the expenses connected with the emigration of Chinese workers and of any of their dependants who accompany or rejoin them (passport expenses, fares, etc.). On the termination of the contract the worker enjoys the right of repatriation at the cost of his employer, either to his country of origin or to the place where he was recruited. He retains this right if he prolongs his engagement or contracts another. In the event of sickness, he must be attended at the cost of the employer, and if he becomes permanently unable to work, he must be repatriated at the employer's expense. The contract must further specify his right to compensation in the event of an accident connected with his work, and define the other rights of Chinese emigrants. COLOMBIA.—The Immigration Act No. 114 of 30 December 1922 instructs the port authorities to supervise the recruiting of Colombian workers for employment abroad, and to ascertain that the persons or undertakings who engage them guarantee, by a written contract and the deposit of a security, that their conditions with respect to wages, assistance in the event of sickness or accident, and repatriation, will be suitable (section 16). C O S T A RICA.—Before obtaining a permit to recruit workers in Costa Rica, a foreign employer must first submit to the Government the conditions of engagement, stating, among other things, the nature of the work on which the emigrants will be engaged, the length of the working day, the duration of the contract of engagement, the conditions of work (wages, board, medical attendance, transport, housing and repatriation), and any other clauses which may be inserted in the contract of engagement. If the conditions offered seem unsatisfactory to the Secretariat of State, this authority has the right to refuse a permit. (Emigration Act of 28 October 1922.) CZECHOSLOVAKIA.—-In cases where recruiting is authorised, any worker who is engaged must receive a written contract of work in his own language and in t h a t of the employer before going abroad, stating the nature of the work for which he has been engaged, the period for which he is guaranteed employment, the normal hours of work, overtime, and holidays, the normal time rate or piece rate for individual tasks, the overtime pay, the payments in kind and periods of payment, the regulations concerning the duties of the employer in case of illness, accident or the worker's death, the regulations concerning the length of notice, and any conditions under which the employment may be terminated either by the employer or by the worker. The contract must also state who shall bear the cost of the journey to the workplace and the return journey, whether an advance will be made and, if so, the amount, the place where it will be lodged, and the date of payment. The contract must further guarantee that neither a strike nor a lockout is going on in the undertaking. The conditions of employment and wages must be at least equivalent to those of national workers in the same trade and of equal skill. A contract of work with a male worker must contain a provision that he shall be granted a leave of absence of not more than three days, for the journey to and from the registration commission or the Czechoslovak representative authorities for purposes of compulsory military registration, without any deduction from his wages in excess of the daily rate customary in the locality. Stipulations in the contract are null and void if by them the worker renounces his legal remedies in case of a dispute arising out of the contract, or is required to make a deposit exceeding the amount of his wages for a month, or is placed in a less favourable situation in respect of the termination of the employment by one party alone than is provided for in the laws of the country to which he has emigrated. (Act of 15 February 1922, sections 11 and 12.) 176 RECRUITING AND PLACING IN EMPLOYMENT ABROAD F R A N C E : Morocco.—Natives are not allowed to embark unless they hold a contract of work containing clauses on the nature of the work, the length of the working day, the duration of the contract, the daily wage, the compensation due to the worker in the event of dismissal without valid reason. The contract of work must contain no reservations, such as a refusal to employ the worker owing to the results of medical examination a t the place of employment. For France, a model contract of work for Moroccan workers has been drawn up by the Foreign Labour Service in the Ministry of Labour, and no other form of contract is accepted by the authorities of the port of embarkation. (Circular No. 21 of 15 October 1923.) According to Circular No. 15 of 7 March 1925, the contract, besides giving information on the identity of the native, must contain his photograph, the number of his identity card with the prints of his two index fingers, the names of his father and mother, his tribe and his Caid. I t must be counter^ signed by the regional authority, and again by the. police authorities of the port of embarkation. Before the employer makes a change in the model contract, he must obtain the approval of the Shereefian Government. No native worker may leave Morocco without holding a contract of work which complies with the model regulations. Permits for temporary leave of absence given by French undertakings, contracts of engagement, and other documents cannot be used by the workers to obtain the right to leave. The contract of work countersigned by the Foreign Labour Service is sent direct to the general secretariat of the Protectorate of Morocco. If the name of the worker is stated, it is sent to him through the local supervisory authorities after visa. Contracts which do not state the name of the worker are sent to the Economic Office a t Casablanca, where the employment exchange arranges for the recruitment of native workers. G R E A T B R I T A I N : Colonies.—With hardly an exception the laws of the British colonies require t h a t every employer or agent who recruits any labourer for work outside the colony (or in certain cases outside the British Dominions) shall enter into a written contract with each labourer so recruited. Bahama Islands : Foreign Labourers Protection Act, 1904, sections 2 to 5 ; Barbados : Emigration Act, 1904, as amended 1914 and 1916, section 7 ; Bechuanaland : Native Labour Amendment Proclamation, No. 7 of 1909, section 1; British Honduras : Labour Law, 1914, section 11; British Somaliland : Native Labour Regulations, 1901, section 13; Ceylon : Emigration Ordinance, 1917, section 4; Fiji : Emigration Ordinance, 1892, section 7; Gambia : Native Labour (Foreign Service) Ordinance, 1913; Gilbert and Ellice Islands : Labour Regulation, 1915; Gold Coast : Regulation of Employment Ordinance, 1921, section 18; Jamaica : Emigrants Protection Law, 1924, section 4; Leeward Islands : Recruiting of Emigrants Act, 1921, section 9; Mauritius : Emigration Ordinance, 1925, section 6; Nigeria : Native Labour (Foreign Service) Ordinance, 1916, sections 10 and 12; St. Helena : Emigrants Protection Ordinance, 1906, sections 2 to 5; Sierra Leone : Native Labour (Foreign Service) Ordinance, 1924, section 10; Solomon Islands : Labour Regulation, 1921 ; Straits Settlements : Labour Ordinance, 1926, section 199; Trinidad and Tobago : Foreign Labour Contracts Ordinance, 1900, section 7; Uganda : Masters and Servants (Amendment) Ordinance, No. 19 of 1925, section 3 ; Windward Islands : St. Lucia, Emigrants Protection Ordinance, 1916, section 5; St. Vincent, Emigrants Protection Ordinance, 1924, section 5 ; Zanzibar : Masters and Servants Decree, 1925, sections 3 to 5. It is also specifically stated in the majority of cases that every contract for the services of a native in a foreign country shall be entered into in the presence of a duly authorised public official who shall subscribe to such a contract if he be satisfied that the labourer understands the same and t h a t he enters into the contract voluntarily. (Exceptions to the above list EMIGRATION AND LABOUR CONTRACTS 177 are Fiji, Gilbert and Ellice Islands, Jamaica, and the Windward Islands.) The laws of Barbados (Ordinance relating to Foreign Labour Contracts, No. 106, section 7) and of Trinidad and Tobago (Foreign Labour Contracts Ordinance, 1900, section 9) declare it to be the duty of every magistrate to warn all labourers executing contracts for labour in a foreign country of the risks which they incur arising from the dangerous nature of the climate or the severity of the work, and that in proceeding thereto they do so at their own risk. The laws of Barbados, Ceylon, Mauritius, St. Helena, Trinidad and Tobago, and Uganda provide that each contract shall specify the term of service, the nature of the services to be performed, the place where they are to be performed, and the wages to be paid. The laws of the Bahama Islands, Barbados, British Somaliland, Gambia, Gold Coast, Nigeria, Sierra Leone, the Straits Settlements, and Trinidad and Tobago also stipulate that the contract must provide t h a t a labourer shall not be left destitute but shall be repatriated at the expiration or earlier determination of his contract, at the cost of the employer. (Bahama Islands : Emigrant Labourers Protection Act, 1909, section 10; Barbados : Ordinance relating to Foreign Labour Contracts, section 7; British Somaliland : Native Labour Regulations, 1901, section 4c; Gambia : Native Labour (Foreign Service) Ordinance, 1913, section 10; Gold Coast : Regulation of Employment Ordinance, 1921, section 20; Nigeria ; Native Labour (Foreign Service) Ordinance, 1916, section 12; Sierra Leone : Native Labour (Foreign Service) Ordinance, 1924, section 12; Straits Settlements : Labour Ordinance, 1926, section 200; Trinidad and Tobago : Foreign Labour Contracts Ordinance, 1900, section 7. The Emigrants Protection Ordinance, 1906, section 9, of St. Helena provides that if the Governor is satisfied that the place at which the contract of foreign service is to be performed is not one in which medical attendance is regularly available, he may require the employer to insert in the contract an undertaking to provide medical attendance for the worker. The Ijabour Law, 1914 (section 15), for British Honduras, stipulates that no employer may engage a worker for any period longer than three years. The Solomon Islands Labour Regulation, 1921, section 17, limits the term to two years. In Uganda a written contract of service is not binding for more than two years. The laws of Gambia, Gold Coast, Nigeria, and Sierra Leone limit the duration of a contract to thirteen months. The Barbados Emigration Act provides t h a t before a contract can be binding, it must be subject to such formality as may be prescribed, such as : authentication according to the law of Brazil by the principal Brazilian consular officer in the island ; the signature of the parties to be attested by the consul or vice-consul of Salvador; legalisation according to the law of Peru before a Peruvian consul. (Emigration Act 1904, as amended 1914 and 1916.) The laws of Gambia, Gold Coast, Nigeria, and Sierra Leone further provide that when it is proved that any employer or his agent has been guilty of serious neglect or ill-treatment of any labourer under contract, the Governor may cancel any contracts into which he may have entered, and every labourer whose contract has been cancelled must be conveyed to his home district a t the expense of the Government. (Gambia : Native Labour (Foreign Service) Ordinance, 1913, section 14; Gold Coast : Regulation of Employment Ordinance, 1921, section 25; Nigeria : Native Labour (Foreign Service) Ordinance, 1916, section 16; Sierra Leone : Native Labour (Foreign Service) Ordinance, 1924, section 16.) GUATEMALA.—An employer who wishes to recruit workers for abroad must attach to his application for a permit a statement of the principal clauses of the contract of work, showing the nature of the work offered, the duration of the contract, the wages, the length of the working day, the guaranteed conditions of board and lodging, the climate in the 13 178 RECRUITING AND PLACING IN EMPLOYMENT ABROAD region where the workers are to be employed. Individual contracts, concluded with each worker engaged, must be signed before the political authorities of the department in which the worker is domiciled, and the latter explain to him before he signs, the obligations he undertakes and their legal consequences. A copy of the contract is transmitted to the Ministry of Agriculture, and another to each of the contracting parties. (Decree of 20 July 1923, sections 2, 6, and 10.) INDIA.—A contract properly so-called is not compulsory, but the Emigration Commissioner Who organises recruiting for a country which may engage unskilled workers in India must prepare a statement containing information relating to the country he represents, which he must have approved by the Governor-General in Council, to whom he submits it through the Local Government. The emigration agent must supply a copy of this statement to every person whom he attempts to induce t o emigrate to the country in question, and must obtain a receipt from such person for every copy supplied. The statement must be drawn up in English and in the vernacular language or languages of the local area in which the emigration agent operates. Without prejudice to the generality of its contents, the statement must contain information relating to the climate of the country, the nature of the work open to emigrants, the hours of work per day generally prevalent in the country, and the days of rest generally allowed, the wages generally offered, and the deductions, if any, made from them, the arrangements generally available for housing and treatment during sickness, the cost of living for labourers in the country in question, stating whether rations are supplied to labourers and if so, whether cooked or uncooked, and whether free of cost or on payment. The duration of the journey from India to the country and the nature of the arrangements for the journey must also be stated, as well as the conditions of repatriation, and t h e facilities available in regard to education and the observation of religious rites, the prospect of land being granted for cultivation, the special punishments, if any, inflicted for labour offences. (Rules of 10 March 1923, section 17.) The Notifications of 1923 concerning emigration to Ceylon and Malaya provide that emigrants must not, either before leaving British India or after arriving in the countey of immigration, have enteied into a c o n t a c t of service for a period exceeding one month (sections 2 and 3). ITALY.—According to the Consolidated Emigration Act of 13 November 1919,section 35, the recruiting of emigrants for a continental country must be covered by a written document. This contract of work must be drawn up in accordance with the model attached to the original permit issued t o the recruiting agent, and it must be approved by the General Emigration Department. I t must contain clauses on the employer's obligation to insure the workers engaged against industrial accidents, in accordance with Italian law if the work is performed in a country where insurance is not compulsory for aliens. The recruiting fee payable by the employer may in no case be transferred under the contract to the worker engaged, otherwise the contract becomes void. In addition, contracts of work drawn up abroad, or applications from abroad for Italian workers, must be certified by a diplomatic or consular agent; such certificate was formerly subject to a fee, which was abolished by the Decree of 5 April 1923 ». JAPAN.—An emigration agent must enter into a written contract with 1 See p. 68, note \ for the new Italian regulations concerning the obligation to enter into a contract of work with the emigrant. EMIGRATION AND LABOUR CONTRACTS 179 each of the emigrants, whether recruited individually or collectively. The form of the contract must previously be approved by the administrative authorities. The contract must state the term of the engagement, the rate of commission, the manner of defraying the expenses of the outward and homeward passages, the wages and the manner of payment, the manner of relieving and sending home emigrants who have fallen sick or are otherwise in distress. If an agent undertakes collective recruiting, or enters into an individual contract under the terms of the contract he has himself concluded with a third party, he must submit a copy of this deed to the local governor of the place where his head office is situated, and to the Japanese consul at the place of immigration. (Regulations of 1907, sections XXIII and XXIV.) In Korea, the forms of emigration contracts are approximately the same. The Emigrants Protection Act adds that the Government cannot approve contracts of work concluded with emigrants for countries which prohibit the admission of emigrants with contracts (section XIII). MEXICO.—The new Mexican Constitution of 5 February 1917 laid down certain principles concerning recruiting for abroad. While it allows the various States the right to legislate on labour questions, it requires them to respect the following general rule. Any contract concluded between a Mexican worker, salaried employee, or domestic servant and a foreign employer must be submitted to the Mexican authorities for visa, as also to the consul representing the country of destination. Approval is granted only if the employer guarantees free repatriation (section 123). In accordance with the above regulation, the Migration Act of 12 March 1926 requires Mexicans who emigrate in accordance with a written undertaking for work abroad, to submit to the officials of the Migration Department (delegados de migración) a contract complying with the provisions of section 123 of the Constitution. In the State of Jalisco, the Decree promulgating the Labour Code (No. 2308 of 13 August 1923) provides for the application of the section of the Constitution quoted above by stipulating that any contract for work abroad must state the security or cash deposit to be given by the foreign employer as a guarantee for the repatriation of the worker he engages, and for the payment of the travelling expenses of the worker and his dependants to the place of work, no subsequent deduction from wages being allowed for the reimbursement of such expenses. The security or deposit must not be less than the single fare. N E T H E R L A N D S : Curaçao.—The Ordinance of 17 July 1883, as amended 16 March 1920, provides that the recruiting or engagement of persons established in the Archipelago for employment as workers outside the colony must be effected by a private deed signed in the presence of the official appointed by the Governor. The latter may not approve the contract if the period of the engagement and the rate of wages are not clearly specified, if free repatriation is not guaranteed to the emigrant a t the end of the engagement, if minors are engaged without the consent of their parents or guardians, or if he is convinced that the worker has been deceived in some way or other. E a s t Indies.—Natives recruited for work abroad must enter into a contract with the recruiter in the form established by the Government Decree of 28 February 1894, No. 5. The contract must state in addition to the names, addresses, etc., of the contracting parties, the nature of the work to be done and the place of work, the wages promised, the length of the working day (not over ten hours), and of any uninterrupted periods of work, the cases in which overtime may be demanded, and the rate of pay therefor (time and a-half rates), the rest days, the deductions which may be made in cases where money has been 180 RECRUITING AND PLACING IN EMPLOYMENT ABROAD advanced *, and the privileges granted (board, lodging, etc.) if no advance has been made. The journey of the worker and his family to the place of work and back must be paid by the employer (see Chapter X , § 3). The number of days on which the worker is absent from work owing to sickness of over one month, holidays, or without valid reason may be deducted from the duration of the contract. A special contract applies to recruiting for the Straits Settlements and the Federated Malay States. The working day must not exceed nine hours, and the conditions of repatriation differ somewhat from the general conditions. I t is further provided t h a t the expiration of any contract of a native worker from the Netherlands East Indies must immediately be notified t o the Netherlands consul at Singapore, whether the worker agrees to enter into a new engagement or is repatriated to the Indies in accordance with the prescribed regulations. (Model contract of work imposed by Order No. 17 of 11 February 1915.) NICARAGUA.—Persons who desire to recruit workers in Nicaragua for the purpose of sending them abroad must attach to their application for permission to do so a model contract for approval by the Government. {Decree of 7 February 1923.) POLAND 2 .—According to the instructions of 23 December 1926, a contract of work must be submitted in cases of emigration to a European country ; it must give information on the nature of the work for which the worker is engaged, the wages, the duration of the engagement, and the conditions concerning medical attendance and housing. For workers recruited by undertakings in Rumania and the Serb-CroatSlovene Kingdom, the proposed contracts must state the opinion of the accredited Polish consuls in these countries, with special reference to the question of wages. The employment exchanges are then bound to submit the proposed contracts to the Emigration Office for confirmation, adding their own opinion based on conditions in the home labour market. (Circular 34 of 22 December 1926 to the employment exchanges.) The recruiting of Polish workers for the Rumanian and Yugoslav textile industries must be based on a model contract, drawn up by the Emigration Office. Any changes necessitated by circumstances must be approved in each case by the Office (Communiqué of the Emigration Office, No. 1, 21 August 1926). This model contract contains provisions on the worker's obligations with respect to the punctual and correct performance of his work, and the employer's obligations with respect to the following : The length of the normal working day and the conditions of overtime, rest days, piecework, wages, board and lodging for the worker and his dependants, insurance at the employer's expense against accidents to the worker and against sickness of the worker and his dependants, the transport at the employer's expense of the worker, his dependants and their baggage to the place of work and back, whether repatriation takes place a t the end of the contract or whether the emigrant leaves beforehand through no fault of his own. If he is sent back by the authorities of the country through no fault of his own, the employer must pay compensation equal to three months' wages, in addition to the costs of the journey. If the worker does not wish to return to Poland at the expiration of his contract, he receives half the travelling expenses which would have been incurred by his return and that of his dependants. Another clause of the model contract stipulates that a worker who believes he has 1 The money advanced by the recruiting- agent on the signature of the contract may not exceed 15 or 20 florins according as the worker lives alone or with his family. The deductions must be arranged in such a way that the monthly wage never falls below 22 times the daily wage fixed in the contract. (Ordinance No. 48 of 14 Sept. 1914.) a See Supplement I : Decree of 11 Oct. 1927. EMIGRATION A N D LABOUR CONTRACTS 181 been injured in any way may apply to the Polish consul, and the undertaking must recognise the competence of the latter to examine the question. PORTUGAL.—The emigration agent who recruits emigrants must not only enter into a transport contract with them, as specified in section 12 of the Emigration Regulations of 10 May 1919, which deals with the conditions of transport, making the agent responsible for these (see Chapter VII, § 3), but must also conclude a contract of woTk properly so called, the form of which is specified by section 17 of the above Decree and section 77 of the Emigration Regulations (19 June 1919). These measures provide t h a t all contracts must state the maximum duration of the contract, calculated from the departure of the emigrants from their place of origin, the emigrant's term of service in the country or colony to which he is bound by the contract, the wages he will receive and the corresponding sum in Portuguese money. Recruiting and even simple propaganda in favour of individual or collective emigration are prohibited as long as the Portuguese Government has not approved the form of the contract under which the emigration will take place. (Decree of 19 June 1919, section 33.) Colonies.—No contract concluded with a native as an agricultural worker or farmer for service outside the colony may be drawn up without the consent of the public authorities. The contract must further be submitted by the worker to the Curator-General of the port of destination; contracts must be registered in the colony of destination on the arrival of native workers, and such registration must be notified to their employers. All contracts for service outside the colony must satisfy the regulations which are declared compulsory for native labour contracts, and in addition the following regulations, or else they are considered void. They must settle the duration of the service, which may not exceed five years, and the cash wages to be paid by the employer; they may not authorise the employer to inflict corporal punishment, nor refuse the native the exercise of his legal rights, nor impose on him obligations prohibited by law. They may not engage the native for work which exposes him to obvious danger or serious injury. They must provide for the repatriation at the employer's expense of the native and his dependants to the place of recruitment if they so desire. If a native can prove, however, that he has the necessary means of livelihood in the colony where he is employed, or if he obtains an authorisation from the Curator, he may remain in the colony without a contract of service. During the first five years he may be expelled from the colony if he is found guilty of vagrancy or has been condemned to imprisonment for an offence or a crime ; after this period expulsion is not allowed. (Decree of 14 October 1914, sections 39, 43, 52, 77, 78, 80, and 87.) I n Angola and Mozambique, under the agreements of 28 April 1926 and 14 November 1925 concluded by these colonies respectively with St. Thomas and Principe, the duration of the contracts of native workers recruited for the latter colony is two years. The contracts may be extended by one year, but in Mozambique they may not exceed three years even with the consent of the worker engaged. The duration of the contract is reckoned from the date of arrival at the port of destination. A man engaged has the right to be accompanied by his wife and children, who will be covered by the same contract if already of age to work. Children below t h a t age are entitled to board and lodging and medical treatment a t the cost of their father's employer. The number of contracts for native families may in no case exceed 25 per cent, of the total number of contracts concluded, and the members of any one family covered by the same contract may in no circumstances be placed with different employers, or repatriated separately. The conditions of work of recruited natives are clearly defined by the aforementioned agreements. Each worker, including the women and 182 RECRUITING AND PLACING IN EMPLOYMENT ABROAD children covered by the contract of the head of the family, must hold a work card, prepared in accordance with an official model, which has been approved by the Government of the country of origin. This work card must give all information concerning the identity of the worker, his name, age, characteristic features and finger prints, as well as the duration of the contract and the wage paid. U N I O N O F S O U T H AFRICA.—The Native Labour Regulation Act, 1911 (section 12), stipulates that every labour agent shall enter into a written contract with every native engaged, which must be duly attested by a magistrate who ascertains t h a t the native understands the contract and accepts its terms and conditions. U N I T E D S T A T E S : Philippine Islands.—Act No. 2486 of 5 February 1915 provides that all contracts of Filipino labourers for service outside the colony must be supervised by the Director of Labour (section 5). All labourers recruited must be guaranteed their return passage provided they comply with the terms of their contract (section 2). P o r t o Rico.—The Porto Rico Government will not protect persons emigrating from the country unless their contracts of work have been approved by the Commission for Agriculture and Labour. Otherwise the fulfilment of contracts of work must be guaranteed by the Government of the country to which the employer (individual or company) belongs, unless the contracting party gives sufficient guarantee to secure the right of emigrants. (Emigration Act of 29 May 1919, section 3.) § 3.—Recruiting for Land Settlement Recruiting for land settlement is sometimes dealt with by special regulations, which are often more severe than the general regulations. The reason for special regulations is that the emigration of a settler is, as a rule, for a long time and quite often permanent. There is therefore a risk that emigrant settlers will be lost to their own country, especially as the land on which they settle is sometimes granted free of charge, or at least its purchase is usually facilitated, so that they tend to adopt the country where they settle for their own and have themselves naturalised. In several countries, however, the conditions of recruiting for settlement are not sufficiently different to allow of a distinction being made. In these cases such recruiting is subject to the general provisions concerning recruiting of workers. CZECHOSLOVAKIA.—The recruiting of a specified number of settlers may be authorised by Ordinance if provision has been made for the hygienic and economic protection of the emigrants, and if the foreign Government guarantees facilities for supervision and representation before the courts and authorities by Czechoslovak officiais, the maintenance of national rights and religious liberty, and the right to return home a t any time. The permit ceases to be valid after a specified time and is issued only on deposit of a RECRUITING FOR LAND SETTLEMENT 183 large sum as security, which is not repaid until settlement operations have been investigated by Czechoslovak officials. The permit must include stipulations as to the mode of transportation, the compulsory repatriation free of charge of any settler who falls ill or proves unsuitable, and a provision t h a t the person in charge of the settlers shall pay compensation in case of any illness, accident or disablement for work in general which occurs through fault or negligence on his part or on that of any of his employees. The recruiter must also be required to pay compensation if he could have foreseen the unsuitability of the settler. (Emigration Act of 15 February 1922, section 6.) ITALY.—In accordance with the conditions laid down in a special licence. the General Emigration Department may authorise a private person to engage, in his own name or that of a colonial undertaking authorised by the law of the country where it is founded, in the recruiting of Italian workers for work to be performed in countries beyond the Suez Canal, except Italian colonies or protectorates, or beyond the Straits of Gibraltar, except the coasts of Europe, on condition t h a t these workers are transported through the medium of an authorised agent and t h a t the latter pays the statutory fees of embarkation. If the emigration is for a district where there are few or no Italian emigrants, a permit may be granted on certain conditions to effect transport, through a shipowner who is not an authorised agent. (Consolidated Text of the Emigration Act, 1919, section 24.) POLAND.—See Supplement I. SWITZERLAND.—Swiss law takes special account of recruiting for settlement undertakings. Section 10 of the Emigration Act of 22 March 1888 requires "any person, company, or agency which in any manner represents a settlement undertaking to notify the Federal Council thereof, and supply it with full information on the undertaking. The Federal Council shall be competent to decide in each particular case if a private person, company or agency may represent a settlement undertaking, and under what conditions". The regulations for the administration of this Act state that no person who has failed to furnish the Federal Council with full information may take part in a settlement undertaking for organising emigration to a specified colony or country. In particular, detailed information must be given on the obligations contracted by emigrants towards employers and the obligations of the latter. Section 12 of the 1888 Act further prohibits emigration and settlement agencies from concluding contracts by which they undertake to deliver a specified number of persons to a transport company or settlement undertaking or a foreign government. The Order of 12 February 1889 adds the following provisions with respect to these undertakings. I t prohibits the giving of written or oral information on settlement undertakings which have no authorisation to recruit, the conclusion of any contract of emigration with persons whose travelling expenses have been advanced or paid in full or in part by a foreign company, undertaking or organisation, the publication in any public newspaper or other publication of advertisements promising an advance of all or part of the travelling expenses. 184 RECRUITING AND PLACING IN EMPLOYMENT ABROAD § 4.—Placing in E m p l o y m e n t Abroad Certain countries forbid foreign employers and national workers t o enter into relations except through the medium of the official employment exchanges or the special emigration office. I n many other countries where private recruiting is allowed, there are at the same time official departments which undertake the placing of nationals in employment abroad (employment exchanges, labour exchanges, special offices, etc.). AUSTRIA.—The Ordinance of 7 May 1908 governs the work of private employment agencies with respect to placing abroad. An agency for placing Austrian workers abroad may be opened only in a locality where there is a police station. The concession may be withdrawn a t any time. Any person applying to the agency for a place abroad as a domestic servant or in any other employment must be given reliable information on the name and address of the employer, the work offered, and the journey involved. An oral engagement between the employment agency and the worker for work abroad is not allowed, but the subject must be dealt with by a written order of the employer. Contracts for abroad must comply with the legislation of the countries of immigration. The work of private employment agencies for abroad is subject to police supervision, and their bookkeeping must be inspected. Persons running such agencies are prohibited from making propaganda, whether oral or in the form of brochures and publications, in favour of emigration, or from having it done by others. BELGIUM.—The official or approved labour exchanges undertake placing in employment abroad. They act in touch with the Ministry of Labour^ and accept or refuse to transmit foreign offers according to the state of the national labour market. CZECHOSLOVAKIA.—Workers may not be engaged otherwise than through employment exchanges, whether for work outside Europe, in which case the Ministry of Social Welfare must have given special permission, or for a European country. They may not be engaged without written instructions from individual and precisely specified employers. The instructions must bear a certificate from the competent authority in the foreign State to the effect that the statements contained in the instructions are exact and that no obstacle exists to the proposed engagement. (Act of 15 February 1922, sections 9 and 10.) F R A N C E : Morocco.—Private employment exchanges were abolished by the Dahir of 27 September 1921, which set up a system of public employment exchanges. The Dahir of 24 September 1924, supplementing the previous one, states that on pain of imprisonment or fine or both no person may undertake to place Moroccan workers outside the French zone of the Shereefian Empire, whether they do so free of charge or for remuneration. According to Circular No. 15 of 7 March 1925 the purpose of these provisions is to prohibit the opening of agencies to act as an intermediary between French manufacturers and Moroccan workers. The recruiting and placing of workers is undertaken directly by the employment exchanges of the Economic Office a t Casablanca, which receives the workers' applications for employment, the offers of vacancies for foreign labour in France, and PLACING IN EMPLOYMENT ABRO AB 185 the contracts of work countersigned in blank by the French Ministry. The exchange places workers in accordance with the conditions in the local labour market. GERMANY.—According to the Employment Exchanges Act of 22 July 1922 1 , section 60, the recruiting of workers and their placing abroad is governed, in the absence of other regulations to the contrary, by agreement between the Federal Minister of Labour and the Federal Minister of the Interior after consultation with the Executive Committee of the Federal Board. These regulations may provide in particular for the prohibition of employment agency work for gain, and make the carrying on of employment agency work otherwise than for gain dependent upon a special permit. I n pursuance of this Act, the Ordinance of 4 October 1923 stipulated t h a t private employment agencies and public employment exchanges must not place workers abroad without obtaining a special permit, to be granted only when it is in the national interest to send such workers abroad. I n accordance with the Ordinance, five public exchanges were made responsible for placing in all foreign countries, or in certain specified countries (Hamburg, Stuttgart, Stolp, Friedrichshafen, and Lindau), and five offices, attached to important trade organisations or trade unions, for placing certain specialists (the German Foreign Institute a t Stuttgart, the commercial employees' employment exchange at Hamburg, the employment exchange of the Federation of Technicians' Unions at Hamburg, the office of the Union of Engineers and Mechanicians a t Hamburg, and the Central Office for Scientific Workers at Leipzig). GREAT BRITAIN.—Full information as to openings in other countries and as to the conditions of employment there, so far as known, is supplied to all the employment exchanges in the country, which bring these openings to the notice of intending emigrants or settlers. ITALY.—The General Emigration Department often undertakes t o receive employers' offers from the official services of the countries of immigration and to place nationals who wish to find employment abroad. This is the ordinary channel used for Belgium and France, in consequence of the treaties between Italy and these countries on the exchange of labour. NETHERLANDS.—The Official Service for Unemployment Insurance and Employment Exchanges attached to the Ministry of Labour considers the possibility of placing workers in other European countries, in particular Belgium, Denmark, France, Germany, Great Britain, and Switzerland. This Service is in touch with the official institutions in the countries in question and supplies information to the Netherlands employment exchanges. The latter give free information to intending emigrants. Reference was made in Chapter IV, § 2,, to the work of the important semi-official associations "Holland" and "Landverhuizing" for placing Dutch workers and settlers abroad. NORWAY.—According to the Act of 12 June 189G on employment 1 This Act was repealed by the Act of 16 July 1927 on employment exchanges and unemployment insurance. The recruiting ot wage earners and their placing abroad will in future be regulated by the Ministers of Labour and Foreign AfEairs after consultation with the Executive Committee of the Federal Institute for Employment Exchanges and Unemployment Insurance (Beichsanstalt )ür Arbeitsvermittlung und Arbeitslosenversicherung), a new body set up by this Act. The administrative changes introduced by the new Act with reference to the Ordinance of i Oct. 1923 are defined by the Ordinance of 20 Sept. 1927, which as a matter of fact makes no important alteration. 186 RECRUITING AND PLACING Ì N EMPLOYMENT ABROAD exchanges, any person engaging in such business must hold a municipal licence. There are special regulations concerning placing abroad. I n this case a written contract must be concluded by the employment agent and the person engaged, which is not valid until it has been submitted to the police authorities, who countersign it and attach a certificate proving t h a t the contract complies with the law. If the person engaged fails, through no fault of his own, to obtain the promised post, or is compelled to leave it because the employer does not fulfil the conditions agreed, the agent is held responsible. The Norwegian consul a t the place of work must assist the worker in obtaining the compensation due to him from the agent. P O L A N D 1.—Foreign employers who may lawfully recruit workers in Poland must apply to the public employment exchanges, which alone have competence in this field under the Decree of 27 January I9I9 on employment exchanges. Since the Emigration Office was set up, it has been the body chiefly responsible for placing national workers abroad. The various agreements concluded by Poland with foreign Governments or industrial companies for the recruiting of Polish workers usually stipulate t h a t the offers of employment shall be transmitted through official channels to the Emigration Office, which makes use of them as it thinks fit. By the Circular of 22 December 1926, employment exchanges which receive an application from a Rumanian or Yugoslav employer for several workers a t once must demand the submission of the proposed contract of work, together with the opinion of the accredited Polish consul in the country of destination, particularly on the subject of the wages offered. The proposed contracts are submitted to the Emigration Office for approval, except those intended for textile workers from the region of Lodz, for which a special model contract has been prepared. Applications for individual workers are examined by the employment exchange, which refers doubtful cases to the Emigration Office. Where such applications are repeated by the same undertaking (two a month or fifteen a year), reference must be made to the Emigration Office. RUMANIA.—The Central Employment Exchange attached to the Ministry.of Labour is also responsible for centralising applications and offers of employment from abroad and for sending them to the local exchanges, for which purpose it may communicate direct with the exchanges or the foreign emigration offices. Before national workers are allowed to leave, they must first obtain permission from the Ministry of Labour. (Act of 22 September 1921 concerning the organisation of employment exchanges, sections 17 and 40.) SPAIN.—The Employment Exchanges Department in the Ministry of Labour, set up by the Royal Decree of 29 September 1920, centralises offers of employment from abroad and communicates them to the officiai employment exchanges and the labour exchanges, who accordingly undertake the placing abroad of nationals intending to emigrate. SWEDEN.—The Royal Proclamation of 5 May 1916 deals in particular with placing in employment abroad. No person may undertake the placing of domestic servants or other unskilled workers in employment in Sweden or abroad without previously obtaining a permit from the governor of the province in which the employment agency will be situated. This permit is granted only after the competent authorities in the town where the agency will be set up have »See Supplement I : Decree of U Oct. 1927. ASSISTED EMIGRATION 187 ascertained that there is a need for it. The permit may be withdrawn if circumstances so require. A person who wishes to obtain a licence must be a responsible Swedish subject with full civil rights, of good reputation, and considered capable of carrying on a business of the kind. Moreover, he must deposit a security for the performance of the obligations he contracts. The amount of the security is from 1,000 to 5,000 kronor 1 , and must be deposited in cash or in bonds accepted by the provincial governor granting the licence. I t is refunded within two years of the cessation of the undertaking unless proceedings have been taken against the agent. I n the latter case a sum corresponding to the damages in question is held back until the whole business is wound up. A contract in duplicate must be entered into by the employment agency and the domestic servant if he is of age, or, if not, his guardian or nearest relative. One copy is given to the worker, the other sent to the future employer. The contract must comply with an approved model and be drawn up in Swedish and the language of the foreign country, except for Denmark and Norway. I t must state the nature of the work offered, its duration, the wages promised in the currency of the country of destination and in Swedish money, and the other advantages. I t must also state whether the fare and maintenance during the journey will be paid by the servant or the employer. The employment agency must undertake to make up any deficiency if the wages paid fall below those promised, and to repatriate the worker if on arrival he is not given the work for which he was engaged, or if he is dismissed without valid reason during the first six months of service. In this case an action for damages against the agent must be taken within a year of arrival a t the place of destination. I t is forbidden to include in the contract a clause that the travelling expenses will be deducted from the promised wages or repaid out of work performed after arrival. The contract and the permit to emigrate must be produced before the police authorities or a competent official a t the port of departure, and countersigned by them free of charge. Any worker placed abroad through an agency who wishes to complain of the latter for failure to observe the conditions of the contract must apply to the consul in the place where he works. The latter, after enquiry, transmits his complaint to the Swedish Government. SWITZERLAND.—The placing of nationals intending to emigrate is undertaken chiefly by the Central Employment Exchange of the Federal Labour Office, which centralises applications and offers of employment, Any offers coming from abroad are notified to the public exchanges, including the cantonal exchanges, which may bring them to the notice of workers applying t o them. Certain private associations also undertake placing abroad. (See Chapter IV. § 2.) § 5.—Assisted Emigration The term "assisted emigration" is used for emigration which is effected by means of a subsidy granted by the Government, the communal authorities, or a private, commercial, or philanthropic association in the country of emigration. Assistance granted by the country of immigration is regarded as assisted 'One krona = approximately l*ls. 188 RECRUITING AND PLACING IN EMPLOYMENT ABROAD immigration and will be dealt with in the second volume of .this work. I t has been thought desirable, however, t o include in this Chapter, which deals with the legislation of countries of emigration, the regulations of those countries which make t h e emigration of certain of their nationals conditional on the granting of assistance for the journey by the Government or employer in the country of immigration, and which define t h e conditions of such assistance. Moreover, this subject is often dealt with bilaterally by international agreements on recruiting. I t should be recalled, on the other hand, t h a t certain countries (Czechoslovakia, Germany, Hungary, Italy, Portugal, Spain, Switzerland) make it illegal for intending emigrants t o accept foreign assistance, and prevent their departure (see Chapter I I I , § 1, (n)). Measures for the financial assistance of emigrants are as a rule purely administrative, and are often only temporary. Certain cases of assisted emigration during the last few years will, however, be pointed out as indicating a tendency t o facilitate emigration. This assistance, however, which is n o doubt exceptional, is not a permanent measure. The reduced fares granted for the railway journey as far as the frontier also constitute a kind of assistance t o emigrants; reference is made t o this in Chapter I X , § 2. AUSTRIA.—For some years the unemployment relief granted to persons out of work has occasionally taken the form of assistance to emigrate, calculated on the allowances for a specified period. Thus in 1926 the Austrian Government assisted a certain number of unemployed workers who wished to profit by the offers of land made by the Soviet Government. These emigrants received the additional necessary sums for their settlement from the Vienna Chamber of Workers and Salaried Employees \ In pursuance of a resolution of the Unemployment Insurance Committee, the Ministry of Social Welfare defined, in the Circular of 2 April 1927, the rules by which travelling grants would in future be made to Austrian unemployed workers who intend to take up work abroad. The right to such assistance is confined to unemployed workers in receipt of relief who can prove that they are offered specific employment abroad, that they cannot afford the journey to the place of work, and that they receive nothing from the foreign employer. The assistance takes the form of the fare to the place of work abroad in the lowest class, and, if need be, of the necessary money for maintenance during the journey. In addition a free ticket is granted for the journey on Austrian territory. Assistance for oversea journeys is not granted. In the case of oversea emigration the worker may receive only assistance in respect of the journey from his home to the port of embarkation. The cost of this assistance is met by the industrial committee of the district concerned and the Ministry of Social Welfare. 1 According to Mitteilungen der Wiener Arbeiterkammer über Aus- und Einwanderung, No. 1, 30 March 1926. ASSISTED EMIGRATION 189 A similar policy in favour of assistance is reflected in the fact that the Treaty on emigration and labour concluded by Austria with France in 1926 provides, under the head of the methods of recruiting of Austrian nationals, t h a t the journey may be accomplished a t the cost of the French employer, if the contract of work so provides, or by means of an advance made by him. G R E A T BRITAIN.—The Empire Settlement Act of May 1922 gives power to the Government to co-operate in carrying out "agreed schemes" in association with a Dominion Government or with approved private organisations either in Great Britain or the Dominions. An "agreed scheme" may be either a development or land settlement scheme, or one for facilitating migration by assistance with passages, initial allowances, training, or otherwise. It is laid down that no scheme shall be agreed to without the consent of the British Treasury, which must be satisfied t h a t the Government or organisation concerned is making a proper contribution to the expenses of the scheme. The contribution of the British Government is not in any case to exceed one-half, and its liability to make contributions is not to extend beyond a period of fifteen years after the passing of the Act. Under the Act various schemes have been arranged with the Dominions and with private organisations for grants in aid of emigration. Assisted passage schemes provide for grants towards the passages of emigrants to Canada, Australia, and New Zealand. The British Government also makes advances to the Governments of Australia, Canada, and Southern Rhodesia for the settlement of persons from the United Kingdom. In Alberta (Canada) and New Zealand schemes have been arranged for the training and placing of boy emigrants in agricultural work 1. The following schemes with private organisations were in operation on 31 December 1926 2. The Society for the Oversea Settlement of British Women. There are two schemes in force, one providing for a grant towards the passages of women emigrants wishing to settle overseas, and the other for a contribution towards the capital cost of establishing a hostel at Cape Town (South Africa). Salvation Army. There are agreements with the Salvation Army for assisting boys, single women, widows with families, and families to settle in Canada and Australia. The assistance is given upon an agreed scale by way of grant towards the cost of reception, settlement, and after-care in all cases ; and by way of grant and loan towards the cost of passages t o Canada in a limited number of cases. Agreements also provide for the testing of boys a t the Salvation Army Farm at Hadleigh, Essex, to see if they are suitable for settlement in the Dominions, and for the training of boys in Australia a t the Salvation Army Farm at Riverview, Queensland, and at the Salvation Army Farm at Putaruru, New Zealand. The British Dominions Emigration Society. A grant is made to this society for assisting in the migration of families to Canada, and loans are also made towards the cost of passages and individual expenses. Child Migration Societies. There exist agreements with recognised child migration societies (e.g. Dr. Barnardo's Homes) for assisting in the reception, settlement, and aftercare of children proceeding to Canada under the passage agreement with the Government of Canada. The Child Emigration Society. A grant is made to the society for assisting in the extension of the Fairbridge Farm School in Western Australia and in the maintenance of children there. 1 For further details oí these schemes, see Volume II, Chapters VI, § 5, X I , § 1, and X I , §2. 2 G R E A T B R I T A I N : Report of the Oversea Settlement Committee for the year ended 3i December 1926, PP. 25-29. 190 RECRUITING AND PLACING IN EMPLOYMENT ABROAD The Craigielinn Boys' Training Farm, the Church Army, the Church of Scotland. Grants are made to these three organisations for the testing of boys and men in agricultural work with a view to their ultimate migration to the Dominions. Fellowship of the British Empire Exhibition. The British Government has made a grant towards the provision of scholarships for a limited number of boys to be trained at agricultural colleges in Australia, Canada, and New Zealand, and then placed in employment. Schemes have also been arranged for assisting the emigration of teachers to Canada and South Africa. 1820 Memorial Settlers'' Association. The association has agreed to make advances to settlers to enable them to purchase stock and equipment, and the British Government has undertaken to pay one-half of the cost of the furniture, stock, and equipment of three training farms to be established by the association in South Africa. Trustees of the Dreadnought Fund. The British Government pays a proportion of the total expenditure on the emigration of boys under the Dreadnought scheme. The rate of contribution per boy may not exceed, on the average, £6 or £3, according to the numbers who go out. (See Volume I I , Chapter VI, § 5, "Australia".) The Poor Law amendment Acts from 1834 onwards, which are still in force, provide t h a t in England and Wales money raised from the poor rates may be expended on the migration of (1) any orphan or deserted child under sixteen (chargeable to the Poor Law authorities) who has consented thereto, and (2) of any other poor persons, whether in receipt of relief or not. Under the Poor Law Emergency Provisions Continuance Act (Scotland), 1914, a parish council in Scotland is given the right to assist in defraying the expenses of emigration of any destitute and able-bodied person out of employment who desires to emigrate. Colonies.—Barbados. Under the terms of the Emigration Act, 1904 (sections 4 and 5), the Governor is authorised to expend £300 per annum in assisting persons of the poorer classes to emigrate to Canada, the United States, or to any of the neighbouring colonies, either British or foreign. The Governor is also authorised to expend a sum not exceeding £150 per annum in assisting indigent persons other than natives to leave the Island. If, however, the native country of the person in question is represented by a consular officer on the Island, such officer must give an undertaking t h a t the sum advanced for the person's assistance shall be repaid to the Public Treasury. No seaman may be so assisted unless he is unable to procure employment as a seaman. By the Victoria Emigration Society Act, 1897, a society was founded to assist the emigration of poor women who are unable to obtain work in Barbados. The society receives a grant of £150 a year from the Government. INDIA'.—The Government does not give assistance to emigrants, but the law provides that the expenses of those recruited for unskilled work by agents of countries to which emigration is lawful must be met by the agent from the date of the conclusion of the contract. This applies to travelling expenses and to the cost of board and lodging. The emigrant must be provided with proper and sufficient food and lodging, under the supervision of the Protector of Emigrants. All costs connected with his departure are similarly charged to the country of immigration. Persons who desire to obtain assisted passages without going through an emigration agent may apply direct to the Emigration Commissioner of the country to which they wish to proceed. The application must be accompanied by a certificate signed by the competent magistrate, to attest that there is no obstacle to their emigration. If the Emigration Commissioner agrees t o grant them an assisted passage, it is granted under the ASSISTED EMIGRATION 191 same conditions as to persons engaged by an emigration agent. (Rules of 10 March 1923, sections 28 to 30.) For Ceylon and Malaya these expenses are defrayed from a common fund raised in such manner, and managed by such agency, as may appear suitable to the colonial Government. (Notifications regarding emigration to Ceylon and Malaya, February 1923, section 4.) ITALY.—The term "assisted emigration" may be taken to cover the assistance given to emigrants in Italy, not so much for the journey, as for their settlement abroad on the land or in undertakings, granted by various settlement institutions : the Association for Agricultural Emigration, the National Institute for Colonisation and Undertakings Abroad, and, finally, the National Credit Institute for Italian Labour Abroad, recently set up. An account of the work of these institutions will be found in Chapter X I , § 3. JAPAN.—As an encouragement to emigration, the Japanese Parliament has frequently voted credits for assisting national emigrants. The 1927 budget included a credit of 450,000 yen 1 for assisting the settlement abroad of persons emigrating independently, and particularly those who have some resources, but not enough for their installation. I n the case of emigrants recruited by an emigration agent, the regulations under the Emigrants Protection Act (section XXIII) state that the emigration contract must mention the manner of defraying the expenses of the outward and homeward passages by the employer. Korea.—The contract of work of Korean emigrants must give the same information. (Emigrants Protection Regulations, section XIII.) M E X I C O : S t a t e of Jalisco.—A foreign employer engaging workers in the State of Jalisco must pay the travelling expenses of the worker and his dependants from the place of engagement to the place of work, without prejudice to the cost of the return journey, which any foreign employer must meet under the Mexican Constitution. (Decree promulgating the Labour Code, No. 2308 of 13 August 1923.) NETHERLANDS.-—The Government and municipalities assist national emigration in two ways. In the first place unemployment relief is often given the form of subsidies to unemployed workers who agree to find employment abroad. Relief of this kind has been granted on several occasions. At present it takes the form of assistance towards emigration to Canada under the Circular of the Ministry of Labour and Industry to the municipal authorities (November 1926). The Government subsidy is conditional on participation by the minicipality concerned. a The combined subsidies may amount to not more than 450 to 475 florins per person, of which sum 25 dollars are granted unconditionally representing the compulsory landing money. The remainder is a simple advance, repayable in five years with interest at 5 per cent. These advances are granted only to emigrants with a certain capital of their own, as a rule 100 florins, and in no case less than 50 florins. The sums advanced by the Government are distributed through the "Holland" Emigration Association, acting in agreement with the Director of Unemployment Insurance and Employment Exchanges, to the persons whom the association provides with agricultural employment in Canada. The selection of the persons considered to be suitable recipients for these loans is primarily in the hands of the local labour exchanges, the final decision being taken by the Dutch Emigration Association "Landverhuizing". 1 2 One yen = approximately i s . lOJd. One florin = approximately Is. 8d. 192 RECRUITING AND PLACING IN EMPLOYMENT ABROAD Secondly, subsidies are sometimes granted by the Dutch Government to make up the wages of workers who are employed in countries with depreciated exchanges. Relief of this kind was granted in 1922-1923 t o Dutch workers in Germany, and in 1926 to Dutch workers in Belgium. I t frequently takes the form of relief for the emigrant's dependants who remain in the Netherlands. E a s t Indies.—The model contract of foreign service instituted by Decree No. 5, of 28 February 1894, includes an obligation for the foreign employer to meet the transport expenses of the recruited worker and his dependants to the place of work and back. PORTUGAL.—The Circular of 29 October 1921 of the General Emigration Department stated that the Ministry for the Colonies grants a free passage to settlers who apply to the Secretariat of the Department and give proof of their qualifications for farming and their intention to exploit the uncultivated and fertile lands in the Portuguese possessions in Africa. The Boletín de Emigraçâo, published by the Department (January to December 1925), recalls that this measure is still in force. SWEDEN.—The Decree of 5 May 1916 concerning the placing of domestic servants abroad specifies t h a t the contract of engagement must state whether the cost of the journey and maintenance during the journey is to be borne by the worker or the employer, but that in no case may the cost of the journey be advanced and then deducted from the promised wages after arrival a t the place of destination (section 6). SWITZERLAND.—In 1923 a sum of 500,000 francs, drawn from the credits granted for the relief of the unemployed, was used to pay the cost of the journey of Swiss emigrants for Canada, where an emigration scheme was then in force. Only persons engaged in an overcrowded profession were entitled to benefit by this measure 1 . I n the following years Switzerland gave up this method of assisting emigration. 1 Circular of the Federal Labour Office, 20 April 1923. CONCLUSION OF THE TRANSPORT CONTRACT 193 CHAPTER VII CONCLUSION OF THE TRANSPORT CONTRACT The emigrant who has decided t o go t o a foreign country with or without a contract from his prospective employer must enquire into t h e means of arriving a t the place he has chosen. The preparations for departure are particularly complicated when the distance of his destination necessitates a long sea voyage. He then has t o deal with new categories of people : heads of transport undertakings or emigrant carriers, and their agents. The regulations concerning heads and agents of transport undertakings are extremely complicated. As has already been pointed out, there is little t o distinguish those relating t o recruiters because of the existence of an intermediary class of agents : emigration agents, a sort of emigration brokers, whose business is t o get into touch with persons likely to emigrate, and t o persuade t h e m t o conclude a transport contract with the transport company t h a t they represent. In the first part of their business t h e y act particularly as recruiters, but the fact t h a t they deal with arrangements for the journey brings them under the regulations concerning owners of transport undertakings, at least under such of these regulations as cover t h e business t h a t precedes and prepares embarkation, and t h a t are the subject of t h e present chapter : regulations concerning t h e establishment and carrying on of transport agencies, the fixing and application of fares, and the transport contract, etc. I n different countries these activities are more or less liable t o overlap. I t has been pointed out in the preceding chapter t h a t although there is in some countries a tendency t o differentiate very little between recruiters and heads of transport under14 194 CONCLUSION OF THE TRANSPORT CONTRACT takings, in others these two functions may not be filled b y the same person. Also, while in some countries the head of the transport business m a y undertake certain affairs relative t o transport, such as lodgings for the emigrants, banking affairs, etc., in others his activity is strictly limited t o transport only. As a sea voyage is more complicated t o arrange t h a n transport b y land, and is usually of longer duration, t h e greater p a r t of the legislation on the subject aims at controlling transport b y sea. This is obvious, even in many regulations where the exact method of the transport t o which t h e y apply is not stated. § 1.—Heads of Transport U n d e r t a k i n g s and Their A g e n t s Many different persons are classified under the name of "head of transport undertaking", and it is important t o make as clear a distinction between them as possible. Permission t o transport emigrants may be given to a steamship company, which is generally a joint stock company, with share capital managed by a director. Companies of this kind often control steamship lines in several countries. I n this case they have a representative in each country, sometimes a general agent, who is in some countries legally responsible for the emigration business undertaken in t h a t country. Transport of emigrants can also be undertaken by one particular person, such as a shipowner, t h e master commanding a ship, or a charterer who has chartered t h e ship. I t frequently happens t h a t each of these persons is held definitely responsible for compensation and damages, payable in cases of non-fulfilment of obligations undertaken with regard t o t h e emigrant, and incurs the penalties due t o breach of emigration laws. Transport m a y also be undertaken by a person not owning a ship, but acting as a intermediary for the conclusion of transport contracts. He frequently acts in his own name for several companies. The expressions "transport agent", "emigration agent", a n d "head of u n d e r t a k i n g " are often used in a wide sense t o mean such a person. The staff of a transport business comprises many kinds of employees who work under the authority of a manager. I t is preferable t o use the word "representative", an indefinite HEADS OF TRANSPORT UNDERTAKINGS AND THEIR AGENTS 195 term, t o mean the manager of an undertaking, and the word "sub-agent", "clerk", or "employee" t o mean a person on the permanent staff of one of the offices or agencies. Moreover, there is every kind of outside intermediary (courratiers), licensed and unlicensed brokers, who may be considered as "commercial travellers in transport", and who often " t r a v e l " for several firms. This trade of " r u n n e r " is prohibited in many countries, but allowed and controlled in others. The technical legal vocabulary is very poor in words describing the offices of these businesses. A company or undertaking has a head office and agencies where business is done with the public. Sometimes, if the head office of the transport company is in a foreign country, a central office is set u p in t h e country itself with branches and agencies spread over the country. Other emigration offices limit their activity t o certain transactions, information and sale of tickets, etc. I n some countries, offices whose work is so limited have special names not admitting of translation (for example, "Agentur" and "Expositur" in the Austrian Republic). Whenever a distinction is possible the obligations incumbent upon owners of undertakings and those of their staff will be treated separately. The Government department t o which application for permission t o set u p a transport undertaking must be made, the conditions upon which the permission is granted, the security t o be deposited, and the annual licence t o be taken out are usually different from t h e same type of obligation imposed upon sub-agents, whose responsibility is more limited. Under headings (a) and (b), first the obligations of the heads of undertakings will be examined, under (c) such securities, licences, and taxes as touch both the head and his subordinates, and under (d) and (e) matters only connected with the staff. (a) T H E N E C E S S I T Y FOR A L I C E N C E Nearly all Governments insist on the necessity for a licence, in the same way t h a t they reserve the right t o cancel it in cases of abuse, or at times t o suspend it temporarily or t o limit it according t o circumstances. This licence is given : in Austria by the Minister of the Interior ; in Belgium b y the Minister for 196 CONCLUSION OF THE TRANSPORT CONTRACT Foreign Affairs ; in China by the Emigration Bureau ; in Czechoslovakia by the Minister of Social Welfare; in Denmark by the Minister of Justice; in France by the Department of the Mercantile Marine in the name of the Minister for Public Works; in the French Congo, the Ivory Coast, and Dahomey by the Lieutenant-Governor in Administrative Council; in Madagascar by the Governor-General; on the Somali Coast by the Local Administration ; in Germany by the Chancellor (Reichskanzler) on the advice of the Bundesrat ; in Great Britain by the County Council or, in some places, by the local Justice of the Peace ; in the Gilbert and Ellice Islands by the Resident Commissioner; in Hongkong by the Emigration Office; in Jamaica by the Inspector-General of Police; in Mauritius by the Customs Officer; in the Solomon Islands by the Head Inspector; in Greece by the Minister of the Interior on the recommendation of a committee presided over by the Director of the Emigration Bureau; in Haiti by the Minister of the Interior; in Italy by the Emigration Department L ; in Japan by the Minister for Foreign Affairs ; in Korea by the Ministry of the Interior ; in Luxemburg by the Government; in Norway by the local Chief of Police; in the Netherlands by the Emigration Commissioner for Supervision of Emigrants' Transport; in Poland by the Minister of Commerce and Industry on the advice of the Emigration Council2 ; in Portugal by the General Emigration Department; in Rumania by the Minister of Labour on the advice of the Emigration Committee; in the Serb-Croat-Slovene Kingdom by the Council of Ministers; in Spain by the Directorate-General of Emigration 3 ; in Sweden by the Minister for Social Affairs; in Switzerland by the Federal Council; in Syria and Lebanon by the Governor of each State with a visa from the High Commissioner. (b) CONDITIONS WHICH MUST BE FULFILLED BEFORE A LICENCE CAN BE OBTAINED Certain of these conditions are to be fulfilled by the applicant, and distinction must be made between the positive qualities 1 All the functions of the Emigration Department were transferred to the DirectorateGeneral for Italians Abroad by the Decree of 28 April 1927. 2 See Supplement I. 3 At present a Sub-Directorate (Subdirección general de Emigración). HEADS OF TRANSPORT UNDERTAKINGS AND THEIR AGENTS 197 demanded from the applicant (nationality, residence in the country, morality, etc.), and specified disqualifications, particularly incompatibility of certain public functions or certain occupations with the carrying on of such a business. The legal disqualifications in some countries are evidently arranged with a view to preventing any pressure being brought to bear upon the emigrant to induce him to emigrate. These functions and occupations that are excluded from plurality of office are those carrying social prestige (Members of Parliament, administrative officials, the clergy, etc.), and also those that would give persons engaged in them means of influencing possible emigrants (hotelkeepers, innkeepers, etc.). Other conditions depend upon the extent of the concession and they tend to limit the concession to certain definite routes and methods of work. FRENCH MANDATED TERRITORY : Togoland.—The regulations governing transport agents are the same as those concerning recruiting agents, and have been examined in Chapter VI. AUSTRIA.—The Act of 6 March 1906 and t h a t of 21 July 1925 class companies for the transport of emigrants together with limited companies (Gesellschaften mit beschränkter Haftung), and both are required to obtain a licence. Besides fulfilling certain general conditions (evidence of the constitution of the company and the appointment of a director), an official recognition of their regulations must first be obtained (Act of 6 March 1906, section 3). The regulations must state the name and headquarters of the company, its object, the amount of its capital, and the amount of the investment of every shareholder. Further, foreign transport companies come under the Act of 29 November 1865, that only authorises the establishment of such companies when it has been shown t h a t they are regularly constituted according to the laws of their country, that the Government of the said country permits the establishment of Austrian companies of the same kind, t h a t their object is not contrary to Austrian laws, and that they are prepared to submit to Austrian regulations (section 1). Permission to establish such foreign companies may always be withdrawn in cases where the same permission is witheld from similar Austrian companies in the foreign country (section 9). According to the Order of 23 November 1895 classing travel agencies with licensed undertakings (section 3), no travel agency (Reisebüro) is allowed to sell steerage tickets for any foreign maritime company transporting emigrants other than those established according to the Order of 29 November 1865. These agencies may not be authorised to deal directly with the transport of emigrants. The Regulations of 27 June 1921 require transport companies to submit to certain obligations, and generally to conduct their business correctly in Austria, giving special attention to Austrian emigrants for whom they are to be responsible until they reach the trans-oceanic port for which they are bound and for the quarantine period, and whom they must protect from being exploited. They must appoint a representative in Vienna, who shall be responsible for all business undertaken in Austria and must also pay a deposit. 198 CONCLUSION OF THE TRANSPORT CONTRACT BELGIUM.—Heads of undertakings for the engagement or transport of emigrants, representatives of foreign undertakings wishing to transport emigrants in Belgium, and representatives of undertakings transporting emigrants from a European port other than a Belgian port must be resident in Belgium and must pay a deposit. The same provisions apply to emigration agents. No official or employee of the State, a province, or a municipality may have a direct or indirect interest in undertakings providing transport or provisions for emigrants. Members of the committee of inspection are also debarred. No one in the employment of an undertaking for the transport of emigrants may have direct or indirect interest in undertakings concerned with the lodging of emigrants on land. (Order of 25 February 1924, sections 11, 12, 13, and 45.) CZECHOSLOVAKIA.—A licence is granted to the following persons provided that they are in a position to transport emigrants according to the provisions of the Emigration Act, and that they submit everywhere to State supervision and control, more particularly in foreign ports : (1) Czechoslovak citizens whose business has its head office in the Republic ; (2) Commercial companies and legal personalities having their head office in the Republic, partnerships, limited partnerships and limited partnerships with share capital, provided that those members who are personally responsible are all Czechoslovak citizens ; (3) Foreigners, foreign companies, and Czechoslovak citizens whose head office is not in the Republic, provided that they appoint a representative in the country who shall assume all responsibility for, and exercise all the rights of, the company regarding both the authorities and individuals, and that they state their readiness to submit to Czechoslovak legislation and to Czechoslovak tribunals in all disputes in which the licensed company might be involved. They must also fulfil all the obligations imposed upon Czechoslovak transport companies by the Emigration Act. The representative of a foreign company must be a Czechoslovak citizen and be licensed by the Minister of Social Affairs, who may withdraw the licences in cases of non-observance of the conditions imposed. A transport licence is granted for one year for certain specified States or certain districts in these States and for certain ports in cases of transoceanic transport. A licence is only granted to persons who can prove that they possess ships conforming to the condition laid down by law. A licence is not granted either to recruiters of emigrants, or to persons doing business with recruiting agents, or to persons suspected of applying for a licence for the purpose of foreign colonisation. These persons may not become representatives or agents. A special licence is required to transport emigrants who have been recruited under a licence from the State. The application for such a licence must state the person or undertakings in whose name the emigrants are recruited, the type of work to which they are going, and the person defraying the cost of transport. (Act of 15 February 1922, section 13, and Regulations of 8 June 1922, section 23.) DENMARK.—The Act for the transport of emigrants distinguishes between a licence for the direct transport of emigrants from a Danish port and a licence for indirect transport from a foreign port. I n both cases the licence can only be granted to persons who are of age and of good character, who must have lived in Denmark for at least five years consecutively; but with regard to this last condition, special authorisation may be granted by the Minister of Justice. When emigrants are to be transported from a foreign European port, the person wishing to arrange this in Denmark must state whether he is conducting such business for his own account or as the agent of someone else. In the latter case he must produce proof of his right to represent the company HEADS OF TRANSPORT UNDERTAKINGS AND THEIR AGENTS 199 in question and give information as to the constitution of the said company to the police authorities in his place of residence. A licence may be withdrawn particularly in cases where emigrants have been recruited by means of false information. An application for a licence must be accompanied by information as to the ships used and the number of emigrants to be transported. A deposit must be paid. (Acts of 1 May 1868, sections 3 and 4, and of 25 March 1872, section 3.) F R A N C E AND COLONIES.—The licence required for the transport of emigrants is the same as that required for recruiting, and the conditions under which it is granted are examined in Chapter VI. GERMANY.—The Emigration Act of 9 June 1897 draws a clear distinction between heads of transport undertakings (Unternehmer) andagents( Agenten). A licence to transport emigrants may be granted only to German subjects having their offices in Germany, to commercial companies and partnerships, registered co-operative societies and bodies corporate resident or having their head office in Germany; but partnerships, limited partnerships, and limited partnerships with share capital can obtain a licence only if all the members who are personally responsible are German subjects. Foreign companies and German subjects resident abroad can obtain a licence only if they appoint a legal representative in Germany and submit to the German emigration laws. I n addition, in cases of trans-oceanic emigration, the applicant must prove that, he is a shipowner (sections 3-5). A licence is granted for specified countries, and even for specified districts in these countries, and, in cases of trans-oceanic emigration, for specified ports (section 6). GREECE.—Only persons holding a licence to carry on undertakings for the transport of emigrants are authorised to sell tickets and arrange for such transport. x A licence is only granted upon payment of a deposit of 1,000 drachmas and only to a Greek citizen who is either the official representative of a shipping company, or of a shipowner—Greek or foreign— and only upon evidence that the company or shipowner applying for the licence actually possesses suitable ships, and after enquiries have been made as to the moral standing of the representative. A licence may not be granted to foreign companies or shipowners unless their own country grants the same privileges to Greek companies or shipowners. Similarly, foreign companies may have representatives of their own nationality holding licences of this kind only if their own country allows this in the case of Greek companies, and provided t h a t these representatives fulfil the conditions required by law for granting licences to carry on emigration undertakings. Moreover, in such cases a Government representative of the native country of the company in question must have a seat on the central board of management of the company. In exceptional cases a licence may be granted to a representative of a different nationality from that of the company if he was acting as its representative in Greece a t least three years before the vote on the Emigration Act (July 1920), and on condition that the laws of his country grant the same privileges to Greek subjects. Foreign companies and their representatives must strictly observe all " the provisions of the Emigration Act and submit to Greek legislation in general. (Act No. 2475 of 24 July 1920, sections 12 and 13.) HAITI.—In Haiti no clear distinction is made between a licence for the transport of workers recruited in Haiti and a licence for recruiting, and the conditions under which such licences are granted are examined in Chapter VI. One drachma = approximately 0'7d. 200 CONCLUSION OF THE TRANSPORT CONTRACT HUNGARY.—In Hungary a licence to transport emigrants may be granted : (1) to heads of undertakings who are Hungarian citizens resident in Hungary who have never been convicted, are not accused of any misdemeanour under, or any contravention of, the Emigration Act, and who have a good reputation. Such persons moreover, must not concern them^ selves with colonisation or employment in foreign countries ; (2) to Hungarian commercial companies on condition that the majority of the members having a personal responsibility are Hungarian citizens, reside in Hungary, and fulfil the conditions imposed on agents generally; (3) to foreign undertakings, whether individuals or companies, having their residence abroad, on condition t h a t they appoint a person to represent them in Hungary, and t h a t they submit, so far as their emigration activities are concerned, t o Hungarian law and authorities, and do not concern themselves with foreign colonisation schemes. The following persons are prohibited from representing a company for the transport of emigrants or managing an office, or being employed in a n agency belonging to such a company : all persons employed by the State, or by municipalities, or in the post office, or on railways, priests, lawyers, doctors, veterinary surgeons, teachers, and innkeepers. A licence may be granted for specified countries, and even for specified districts, and, when trans-oceanic transport is involved, only on condition t h a t certain stated ports are used. (Emigration Act of 1909, sections 7, 9 and 14.) ITALY.—In the consolidated text of the Emigration Acts of 13 November 1919, the conditions under which a licence for becoming a carrier of emigrants (vettore di emigranti) is granted are as follows : Italian shipping companies, shipowners, and charterers may be granted certificates, either individually or collectively, provided t h a t their ships comply with the conditions laid down in the regulations. This also applies to foreign shipping companies (recognised in the Kingdom by the Commercial Code), foreign shipowners, or charterers. A certificate must not, however, be issued to a foreign shipping company, shipowner, or charterer unless such a company or person nominates as representative an Italian citizen resident in Italy, or a legally constituted Italian firm, and submits in all questions of emigration to the provisions of the Emigration Act (section 18). An unlicensed company may be licensed to undertake a single journey when transporting emigrants to a country to which Italian emigrants rarely go, provided that it observes the conditions laid down by the Emigration Act. The cost of a licence for a single journey is less than t h a t of a yearly licence (section 24). Since the limitation of Italian emigration to the United States, licences for the transport of emigrants to that country are generally granted for single journeys. (Decree of 18 J u n e 1922.) J A P A N . — A licence for the collective transport of emigrants by special ships for the purpose must generally be obtained for each convoy. However, one licence may be granted for several journeys undertaken in the same year. A deposit must be paid, the amount of the passage money must be accepted by the authorities, and examination must be made of the constitution of the company, if it is one, of the ship or ships to be used (the nationality, home port, name, etc., of such ships), the approximate number of emigrants t o be transported, and the anticipated length of the journey, etc. The Minister of Foreign Affairs may, when granting the licence, specify the ports between which the transport is to be made. A licence must also be obtained in order to transport individual emigrants. (Emigrants Protection Act, 1896-1907, sections X , d, X X , 3, 5, and 7, and Regulations for the application of the said Act, sections X L and XLI.) LITHUANIA.—A licence to establish emigration undertakings or their branches or agencies in only granted; (1) to persons resident in Lithuania HEADS OF TRANSPORT UNDERTAKINGS AND THEIR AGENTS 201 who have never been convicted or deprived of their civil rights wholly or in part, or incurred any other serious penalty; (2) to companies having a legal personality, whose head offices are in Lithuania. Civil servants and persons occupying official functions are prohibited from managing emigration undertakings. Foreign applicants must produce evidence of good character and companies must produce a certified copy of their regulations. (Act of 18 July 1922, sections 3 and 4, and Order of 22 August 1922 for the enforcement of the Act.) NETHERLANDS.—A licence may be granted to heads and representatives of transport companies who pay a deposit or find a guarantor. Foreign heads of undertakings or their representatives have the same rights as those of Dutch nationality, provided they are resident in the Netherlands. The licence for extra-European transport is not the same as t h a t granted for European transport. In the latter case the deposit is less. Heads of undertakings who are licensed for European transport are forbidden to undertake transport to any place outside Europe. (The Transport of Emigrants Act, 1861-1869, sections 7 and 17.) NORWAY.—A licence may be granted to a shipowner, a charterer, or a shipping company, or to the head of a transport undertaking called an emigration agent, subject t o payment of a deposit sufficient to cover the responsibility of the agent, whoever he may be, towards the emigrants with whom he deals and any obligations imposed upon him by the regulations on the transport of emigrants. A shipping company may only have one agent in each district specified on the licence. No agent may carry on his work outside his own district. An infringement of the emigration laws may cause the immediate withdrawal of the licence. (Act of 22 May 1869, sections 1 and 2, and Regulations of 18 December 1899, sections 1 and 12.) POLAND 1.—In order to obtain a licence in Poland, foreign shipping companies must appoint a general representative in the country. The general representative of a licensed company must be resident in Poland and, as a general rule, either be a Polish citizen or of the same nationality as the company. He may not be appointed without the sanction of the Emigration Office. The company must pay a deposit and accept certain conditions specified on the agreement which has to be signed by the company. Should a Polish shipping company be established for the European section of the journey, t h a t company would take precedence for the transport of emigrants from Polish ports or from the port of departure of trans-oceanic ships if, in the opinion of the Emigration Office, the conditions of transport offered by t h a t company were equal to those offered by foreign companies. (Model Licence for Transport Undertakings, 1925, sections 2 and 28.) PORTUGAL.—Portuguese emigration legislation distinguishes between representatives of shipping companies (agentes or consignatarios das empresas or companhias de navegaçâo), licensed to transport emigrants, and passage and passport agents (agentes de passagens e passaportes) licensed to sell tickets, to conclude passage contracts, and to aid emigrants to obtain the documents necessary for the journey (certificates, passports, etc.). Portuguese and foreign shipping companies wishing to transport emigrants must place before the General Emigration Department a formal declaration stating their intention and their readiness to accept the conditions imposed upon them by the EmigrationDecree of 10 May 1919 and its regulations, and to accept responsibility for all penalties to which their representatives or agents in Portugal might be liable through faults committed when fulfilling 1 See Supplement I : Decree of 11 Oct. 1927. 202 CONCLUSION OF THE TRANSPORT CONTRACT these obligations. They must attach a list of all the ships to be used by the company for the transport of emigrants, together with the ports of departure. At least twenty days' notice of any change must be given to the General Emigration Department. A licence to become a passage and passport agent may not be granted to holders of municipal or governmental office, or to persons who have been convicted of clandestine or illegal emigration until five years after such conviction. Upon a second offence all right to obtain a licence is forfeited. For other infringements of the provisions of the Emigration Decrees, this right is forfeited for a period of two years. These licences are not transferable, and are only valid for the district for which they have been granted. (Regulations of 19 June 1919, sections 90, 92, 96, 97, 103 and 105.) Colonies.—The Decree of 14 October 1914, sections 136, 137, and 138, stipulates that a licence is necessary for the transport of more than ten indentured native workers or settlers from one colony to another. A licence may be granted to a Portuguese company when one exists that undertakes the journey, and, failing this, to a foreign company, provided t h a t it submits to all legal provisions concerning such transport. Each colony may impose its own obligations concerning the equipment of the ship and conditions of transport. At the end of the journey a certificate must be issued to the master upon evidence that he has fulfilled all legal obligations. Should this not be the case a fine is imposed. A licence for the transport of natives recruited in Angola and proceeding to St. Thomas and Principe must indicate the maximum number of African emigrants that the ship can carry and the penalty incurred by the master of the ship if this number is exceeded. (Modus vivendi of 28 April 1926, section 16.) RUMANIA.—When granting a licence, the Government takes into consideration the type of ship used and the conditions under which the transport is made and the ports of departure and arrival. The districts in which undertakings may carry on their activities and the route to be followed are stated on the licence. (Act of 11 April 1925, section 58.) S E R B - C R O A T - S L O V E N E KINGDOM.—Third-class and steerage tickets may only be sold to shipping companies which have obtained a licence from the Minister for Social Affairs. This licence is not transferable and is not granted, in general, to undertakings other than those embarking Yugoslav emigrants at Yugoslav ports. However, when Yugoslav ports are not sufficiently organised to take such traffic, a licence may be granted to companies embarking Yugoslav emigrants from foreign ports, provided t h a t an inspector of the Emigration Department shall be maintained at the foreign port of departure, whose expenses shall be defrayed by the licensed company. The Minister for Social Welfare, with the sanction of the Council of Ministers, shall decide which of the companies applying for a licence of this kind shall receive it. Yugoslav companies may obtain a licence under special terms, provided t h a t such privileges and exceptions are not contrary to the interests of the emigrant or to the State, and t h a t transport conditions are satisfactory. The Council of Ministers may a t any time withdraw or modify a licence issued to a shipping company. The licence granted to transport companies defines the exact route to be used for the transport of emigrants. Both Yugoslav and foreign licensed companies must submit to all the provisions of the Emigration Act. They must pay a deposit and a fee for every ticket sold. (Act of 30 December 1921, sections 10, 13, 14, and 23-29, and Regulations of 30 July 1923, sections 10-21.) SPAIN.—The head of a transport undertaking, who must be a shipowner or a shipping agent, must be a Spaniard and reside in Spain. I n t h e HEADS OF TRANSPORT UNDERTAKINGS AND THEIR AGENTS 208 case of a company, it is enough if the board of directors have the said nationality and residence. If the shipowner is not a Spaniard or if he resides abroad, he must appoint a Spaniard resident in Spain to represent him. A consignee appointed by a shipowner may also be granted a permit by the local emigration committees provided that he is a Spaniard, is of age, is in full possession of his civil rights, and has not been punished for any offence. Further, no person fulfilling any public function may take up the occupation of licensed consignee arranging for the transport of emigrants. Heads of undertakings and all other persons, who in accordance with the law, take part in the transport of emigrants, are subject to Spanish law and jurisdiction in all questions concerning transport, and particularly to the jurisdiction of the Emigration Inspection Services and the DirectorateGeneral of Emigration. (Consolidated Text of 20 December 1924, sections 24-26.) SWEDEN.—A licence for becoming an emigration agent, that is to say, a head of an undertaking for the transport of emigrants, is only granted to a Swedish subject resident in Sweden who is in full possession of his civil rights and of good character. The applicant for a licence must specify the province in which he wishes to carry on his business and his intention to transport emigrants to countries outside Europe, when this is the case. A deposit must first be paid. Licences are granted for specified districts and for transport, either to a European country or to a country outside Europe, and are only valid for one year but may be renewed. When the transport of Swedish emigrants is undertaken by an owner or master of a ship who resides abroad, a representative must be appointed who is resident in Sweden and has a written authority to act for him. (Royal Order of 4 June 1884, sections 2, 3, and 54.) SWITZERLAND.—All persons wishing to transport emigrants or sell tickets must be licensed by the Federal Council. A licence is only granted to persons who can prove that they are of good character and are in full possession of their civil and political rights and that they are resident in Switzerland and that they understand emigration affairs and are in a position to transport emigrants insafety. Agents and sub-agents must not be either officials or employees of the Confederation. Applicants for licences must, in addition, declare that they are not in the service of a shipping or railway company and are not dependent in any way on such companies. A licence as an emigration agent is not granted to foreigners if the laws of the country of which they are subjects prohibit foreigners from acting in a similar capacity. A licence is only granted upon payment of a deposit and a fee. (Act of 22 March 1888, sections 3, 5, 6, and 10, and Regulations for the execution of the Act, section 6.) (c) D E P O S I T S , LICENCES, AND F E E S Transport companies must in general pay a fee upon receipt of a licence, which is in some countries renewable yearly, and must pay a deposit in a form fixed by the legislation of each country—in most cases Government stock. This deposit serves as a guarantee for the fulfilment of obligations undertaken b y a transport company, for the payment of compensation due t o t h e emigrant or of fines due t o the State for infringement of t h e 204 CONCLUSION OF THE TRANSPORT CONTRACT law. When a deposit has been reduced b y such payments below a certain limit, it must be brought u p t o the full a m o u n t . E a c h country fixes its own limit. The deposit is returnable within a certain period after t h e lapse of t h e licence, t h e period varying from country t o country (six months in Belgium, one year in Switzerland, two years in Sweden, three years in Czechoslovakia). If a t this date a n y action for t h e recovering of damages is pending or if a n y obligations with regard t o emigrants who have been transported are still outstanding, a sufficient sum t o cover all such liabilities is retained. In some countries transport undertakings must p a y a fee per emigrant transported. These different fees form one of t h e chief sources from which State funds for emigration are drawn. FRENCH MANDATED TERRITORY : Syria and Lebanon.— In order t o obtain a transport licence, a deposit of 1,000 Syrian pounds * must be paid t o t h e Treasury of each State for which a licence is required. This deposit is liable t o be increased by t h e Governor if t h e extent of t h e activities of the undertaking warrant it. Special regulations approved by the High Commissioner are in force in each State to determine the form in which t h e deposit shall be paid, t h e interest to be given, and t h e conditions under which it shall be refunded. (Order No. 2975 of 4 December 1924, section 4.) AUSTRIA.—Transport companies must pay a deposit of one million crowns as guarantee of their ability t o meet their obligations. (Regulations of 27 June 1921, section 32.) BELGIUM.—Under t h e Order of 25 February 1924, section 12, the head of a transport undertaking is required to pay a deposit of 100,000 francs 2. This deposit shall consist either of Government stock or be paid in cash. The interest on t h e latter is paid a t a rate fixed by t h e Deposits Act. Moreover, under sections 19 and 20 of the same Order, he is required t o insure himself for an amount equal to the cost of the transport of the passengers and the value of the provisions for the voyage. This amount is increased sufficiently t o cover all risks of loss or compensation due to total or partial inability to carry out t h e transport contract. I n cases of trans-oceanic transport, this increase is calculated a t 50 per cent, of the fare for each adult passenger. If t h e head of the undertaking has not been able t o effect such insurance in time, he is required to pay the amount in question to t h e Deposit Fund (Caisse des depots et consignations). This amount will only be refunded when an insurance policy, or an official certificate stating t h a t the ship has safely arrived a t its destination, has been laid before the Emigration Committee of Inspection. When, during the journey, t h e amount of the insurance or deposit has been spent, wholly or in part, the head of t h e undertaking must make u p t h e deficit. CZECHOSLOVAKIA.—The deposit, which is fixed by the Minister of Social Welfare, must not be less than 300,000 crowns 3 . Similarly, 1 One Syrian pound = approximately 3s. 4Jd. One Belgian franc = approximately 1 '4d. 3 One crown = approximately Is. lid- 2 HEADS OF TRANSPORT UNDERTAKINGS AND THEIR AGENTS 205 a deposit of a t least 100,000 crowns is required before an agent may be appointed. If the value of the deposit should diminish, the head of the undertaking or the agent must bring it up to the full amount within fifteen days after notification. s In any case a fee of 10,000 crowns must be paid upon receipt of a transport licence. (Act of 15 February 1922, section 14.) DENMARK.—The Transport of Emigrants' Act of 1 May 1868, section 5, states that deposits shall vary between 3,000 and 10,000 kroner 1. If the agent is authorised to transport emigrants beyond the port of disembarkation the deposit must not be less than 7,000 kroner. F R A N C E A N D COLONIES.—See Chapter VI, § 1, (c). GERMANY.—The Act of 9 June 1897 fixes a minimum deposit of 5,000 marks 2 for heads of undertakings and of 500 marks for agents (sections 5 and 14). G R E A T BRITAIN.—No one is permitted to act as a passage-broker, t h a t is to say, a person concerned in the sale of steerage passages for places out of Europe and not within the Mediterranean Sea, unless he has entered with two good and sufficient sureties into a joint and several bond to the Crown in the sum of £1,000. The Emigration Officer may, in lieu of two securities, accept the bond of any guarantee society approved by the Treasury. No licence may be granted unless the applicant has given the Board of Trade a t least fourteen days' notice of his intention to apply for it. (Merchant Shipping Acts, 1894-1906, sections 342 and 343.) Colonies.—In Hongkong, the master of a ship applying for a licence shall enter into a bond with two sufficient sureties approved by an emigration officer in the sum of £1,000, The owners or charterers, or their respective agents, or the master of the ship shall also pay to the Emigration Officer a fee of 15 dollars 3 , and in the case of an out-port licence 5 dollars. (Asiatic Emigration Ordinance, 1915, section 16.) In Mauritius every employer desiring to ship any one or more emigrants a t the time of his applying for a pass shall execute a bond, together with two solvent sureties residing in the colony in favour of the Collector of Customs, in a sum approved by the Governor. (Emigration Ordinance, 1925.) In the Solomon Islands the officer granting a licence to the master of a ship used for the purpose of carrying natives may require such surety as he deems necessary t h a t the conditions of the licence will be observed. (Regulation to amend the Law relating to the Recruiting, Engagement and Employment of Native Labourers, 1921.) GREECE.—Emigration and transport agents must pay a deposit in cash or consisting of treasury bonds, the amount of which is fixed by the Minister for the Interior and varies between 25,000 and 100,000 drachmas *. A fee of 1,000 drachmas must be paid upon receipt of the annual licence. Licensed representatives of agents or sub-agents must pay a n annual fee of 200 drachmas. (Emigration Act of 24 July 1920, sections 12, 15, and 16.) HAITI.—See Chapter VI, § 1, (c). 1 One krone = approximately 1 'Is. One mark = approximately Is. One Hongkong dollar = approximately Is. 6d. (28 Jan. 1928). 4 One drachma = approximately 07d. 2 3 206 CONCLUSION OF THE TRANSPORT CONTRACT HUNGARY.—The Emigration Act of 1909 fixed the deposit a t 100,000 crowns 1 . The representative of a foreign undertaking must also deposit 50,000 crowns. ITALY.—Fees, deposits, and licences payable by carriers of emigrants were fixed by the consolidated text of the Emigration Act, section 18, but under subsequent Decrees the amounts of such fees, deposits ,and licences have been altered. The amount of the deposit payable by carriers of emigrants (vettori di emigranti) is fixed in each case by the Minister of Foreign Affairs, with a minimum of 3,000 lire 2 produced by Government bonds. The annual licence of 6,000 lire for every ship registered must also be paid (Decree of 31 August 1922). The licence for a single journey to the United States is the same (Decree of 18 June 1922). Sub-agents must pay a fee of 50 lire upon approval by the General Emigration Department. Moreover, carriers must pay to the Emigration Fund a fee for each emigrant transported (section 26). The Decree of 29 July 1924 raised this fee from 8 lire to 90 lire for each whole ticket, from 4 lire to 45 lire for each half ticket, and from 2 lire to 22.50 lire for each quarter ticket. The fees to be paid by the carrier or the master of a ship licensed by the consulate for the return journey when transporting emigrants from a trans-oceanic port to an Italian port amount to three-quarters of the fees fixed for the journey out. (Royal Decree, No. 1801 of 30 September 1926.) JAPAN.—The deposit is fixed in each case by the Minister for Foreign Affairs. (Emigrants Protection Act, 1896-1907, section X X , 3, and Regulations for the application of the said Act, 1906-1908, section LXVI.) Korea.—The deposit is fixed in each case by the Minister of the Interior and must not be less than 10,000 yen 3 . (Emigrants Protection Act, 1906-1908, section V.) LITHUANIA.—In all taxation questions the Emigration Act of 18 July 1922 ranks emigration undertakings, their branches, and agencies together with so-called first-class commercial undertakings. The deposits fixed by the Act of 1922 were modified by the Act of 20 March 1925. At present heads of transport undertakings must either pay t o the Treasury a deposit of 14,000 litas 4 or, with the sanction of the Finance Minister, deposit interest-bearing securities or similar guarantees for an equal sum. Managers of branches or agencies of a transport undertaking must pay a deposit of 5,000 litas. NETHERLANDS.—The deposit is fixed by the Supervising Committee, and must not exceed 10,000 florins 5 for the transport of emigrants t o countries outside Europe and 5,000 florins for transport to European countries. In cases of a personal deposit for representatives of an undertaking, such persons must be resident in the Netherlands and be recognised by the Committee. Moreover, the head of the undertaking must effect an insurance by which the insurance company undertakes to repay the expenses which would be incurred, in case of accident a t sea, in providing lodging and food for the emigrants during the time occupied in repairing the ship, or in arranging for transport to their destination if the ship is unfit to continue the voyage. The sum insured must be at least equal to the total 1 One Hungarian gold crown = approximately 9d. One lira = approximately 2 7d. One yen = approximately Is. 10id. 4 One litas = approximately 5d. 5 One florin = approximately Is. 8d. 2 3 HEADS OF TRANSPORT UNDERTAKINGS AND THEIR AGENTS 207 cost of the tickets plus 50 per cent. If the amount insured is wholly or partly exhausted, the head of the undertaking must send to the Supervising Committee, within a specified period, a new insurance policy for an amount equal to the original sum or to the amount already used. If the amount of the insurance is not recoverable the head of the undertaking remains personally responsible for the transport of the emigrants. (Transport of Emigrants Act, 1861-1869, sections 7 and 13.) NORWAY.—According to the Act of 22 May 1869, section 2, persons licensed to transport emigrants must pay a cash deposit to be fixed by the Chief of Police, varying between a minimum of 2,000 and a maximum of 7,000 daler 1 or provide an equivalent guarantee to be accepted by the same authority. The minimum deposit payable for transport to countries outside Europe is 5,000 daler. Moreover, the Act of 5 June 1897, section 2, and the Regulations of 18 December 1899, section 10, stipulate that a fee of 0.50 krone must be paid for each emigrant transported. POLAND 2 .—The deposit to be paid as a guarantee t h a t all obligations concerning Polish emigrants will be met is fixed a t 20,000 zlotys * for the chief representatives of licensed companies, and at 5,000 zlotys for the managers of provincial offices. A fee of l£ per cent, of the total value of each ticket "pre-paid" sold must be paid to the State Treasury by the company. This fee is refunded in cases where emigrants are not permitted to embark or are refused admittance into the country of destination. (Model Licence for Transport Undertakings, 1925, sections 3 and 9.) PORTUGAL.—Under Decree No. 9672 of 13 May 1924, the deposit payable by emigration agents responsible for the transport of emigrants and that payable by passage and passport agents is raised from 6,000 escudos 4 to 20,000 escudos and from 3,000 escudos to 10,000 escudos respectively. The annual fees payable by emigration agents are fixed a t 5,000 escudos and those payable by passage and passport agents a t 250 escudos. (Regulations of 19 June 1919, section 84.) Colonies.—The master of a ship must pay a deposit of 2,000 escudos as guarantee for the transport of native workers recruited in the colonies. (Decree of 14 October 1914, section 136.) RUMANIA.—A licence is only granted upon payment of a deposit t h a t shall in no case be less than 10,000 gold lei 6 , and agents of a transport undertaking are required to pay a deposit as fixed by the Minister of Labour which shall not be less than 2,000 gold lei. (Act of 11 April 1925, sections 18 and 19.) SERB-CROAT-SLOVENE KINGDOM.—The deposit, fixed at 500,000 dinars 6 , payable in cash or consisting of Government bonds, is paid to the National Bank, all expenses being defrayed by the depositor. When this deposit has been reduced below 400,000 dinars, the owner of the undertaking is required to bring it up to the full amount of 500,000 dinars. A fee of 250 dinars, as fixed by the Regulations of 30 July 1923, must be paid 1 A n obsolete coin approximately equal to one krone (Iß. Id.). See Supplement I : Decree of 11 Oct. 1927. One zloty = approximately 5 ed4 One escudo = approximately 2 éd. 5 One len = approximately lOd. 8 One dinar = 0.9d. 2 3 208 CONCLUSION OF THE TRANSPORT CONTRACT by licensed companies for each ticket sold. This fee shall not be paid by the emigrant or included in the cost of the journey. Further, an inspection fee of 50 dinars must be paid for each emigrant transported, Yugoslav or foreign. (Act of 30 December 1921, sections 13 and 14, and Regulations of 30 July 1923, section 22.) SPAIN.—The amount of the deposit is fixed as follows : for charterers or shipowners, both Spanish and foreign, a t 50,000 pesetas 1, payable in cash or consisting of Government Bonds ; for consignees a t 25,000 pesetas; for ticket agencies at 2,000 pesetas for each shipping company represented. When the deposit has been spent wholly or in part in order to cover liabilities incurred it must be brought up to the full amount. The annual licence payable by foreign shipowners or charterers or their representatives varies between 10,000 and 25,000 pesetas according to the number of emigrants that can be embarked; t h a t payable by the consignees varies between 1,000 pesetas and 5,000 pesetas according to the number of emigrants embarked; and that payable by ticket and information bureaux varies between 100 and 1,000 pesetas according to the number of tickets sold. Moreover, Spanish and foreign companies must pay to the Emigration Fund 5 pesetas for each emigrant or immigrant ticket sold and 2.50 pesetas for each half ticket. (Consolidated Text of 20 December 1925, sections 24 and 25, Regulations of same date, sections 63 and 64, and Royal Order of 5 July 1926.) SWEDEN.—The deposit varies from 10,000 kronor to 60,000 kronor 2. If the agent declares that he intends to arrange for the transport of emigrants beyond the port of disembarkation, the deposit cannot be less than 20,000 kronor. (Order of 4 June 1884, section 3.) SWITZERLAND.—Emigration agents must pay a deposit of 40,000 francs 3, and on the appointment of each sub-agent must deposit an additional sum of 3,000 francs. Persons who make it their business to sell tickets for the journey must deposit 20,000 francs. Deposits must consist of Federal or cantonal bonds or of other adequate securities. Bank charges are payable by the depositors. The annual fee payable for a license is 50 francs. (Regulations of 10 July 1888, section 24.) (d) MANAGEMENT OF TRANSPORT UNDERTAKINGS; AGENTS AND SUB-AGENTS I n s o m e c o u n t r i e s t h e formalities for t h e e s t a b l i s h m e n t of offices of t r a n s p o r t c o m p a n i e s on n a t i o n a l t e r r i t o r y (agencies, i n f o r m a t i o n b u r e a u x a n d t i c k e t offices, e t c . ) , a n d for t h e a p p o i n t m e n t of a g e n t s a n d s u b - a g e n t s c o n t r o l l i n g t h e m , a r e d r a w n u p in t h e e m i g r a t i o n l a w s . I n m o s t c o u n t r i e s a licence is r e q u i r e d , a n d i n a n y case n o t i c e of t h e e s t a b l i s h m e n t of s u c h offices, e t c . , m u s t be g i v e n a n d all c h a n g e s on t h e staff m u s t b e r e p o r t e d . Generally, 1 2 3 persons wishing t o One peseta = approximately 84d. One krona = approximately l'ls. One Swiss franc = approximately lOd. be appointed must furnish HEADS OF TRANSPORT UNDERTAKINGS AND THEIR AGENTS 209 certain qualifications, and sometimes certain disqualifications are stated. I n some cases a deposit must be paid for each employee or a t least for the manager of each office. The activity of every member of the staff m a y be limited either t o one district or t o a certain p a r t of the business. I n m a n y countries agents are forbidden t o do business outside the offices of the agency, t h a t is t o say, t o act as "travellers". Frequently a list of t h e agencies of a transport undertaking a n d of their staff must be p u t before certain specified authorities. I n some countries this list is made public either b y insertion in a newspaper or b y being posted u p in the offices of t h e undertaking. The head or chief representative of a transport undertaking is responsible for all business done by his employees. H e is also held responsible for t h e consequence of any fault or infringement of t h e emigration regulations of which t h e y m a y be guilty. Fines and damages t h a t are not paid b y the agent or sub-agent can be recovered from their immediate superior,. When t h e liability of employees is covered by a deposit, this sum is spent first and supplemented if necessary from the deposit paid b y t h e head or chief representative. FRENCH MANDATED TERRITORY : Syria and Lebanon.— Licensed emigration companies or agencies may appoint representatives in the different districts in which they intend to carry on their activities. These representatives must be provided with an official power of attorney, which is only valid when endorsed by the governor of the State in question or by an officer specially appointed for this purpose. A list of the agencies of such companies in Syria and of the names of employees representing them must be put before t h e High Commissioner, his representatives in each State, the governors of these States, and special emigration officers. A licence may be withdrawn from an emigration company or agency in consequence of any default on the part of its representatives. (Order No. 2975 of 4 December 1924, section 9.) AUSTRIA.—According to the Regulations of 27 June 1921, companies licensed for t h e transport of emigrants may only carry on their business in Austria in agencies approved by the authorities. All agencies, branches (Agentur and Èxpositur), etc., must be controlled from a head office (Repräsentanz), which must be established in Vienna, and which must itself be controlled directly from the central organisation of the company, and not from any secondary office established in a foreign country. The company may sell tickets in any travel agency (Reisebüro) possessing the required licence. The name of the manager of each agency, together with details concerning the extent of his authority, must be laid before the Government of the country (Landesregierung) in which the agency is established. Permission to become the manager of an agency is only granted t o Austrian citizens who are in full possession of their civil rights, resident in Austria, and 15 210 CONCLUSION OF THE TRANSPORT CONTRACT capable of carrying out the work entrusted to them. However, foreigners who were already employed as managers of agencies on 1 January 1921 (before the publication of the above-mentioned Regulations) have been permitted to keep their positions. A list of the clerks employed in each agency, together with details of the work undertaken by them, must be put before the local police. Changes on the staff must be notified within eight days. The following persons may not become managers, representatives, or employees of transport undertakings : public officials, Members of Parliament, priests, teachers, lawyers, doctors, hotel-keepers or innkeepers or their staff, representatives or employees of transport undertakings or of travel agencies, other t h a n those officially licensed, or members of their families living with them. The members of the staff of transport agencies are forbidden to take any part in the transport of emigrants on their own account. They may at any time be dismissed upon request of the Austrian Government. Employees of transport companies may not work outside the authorised offices, unless a special permit has been obtained. This permit is only temporary and may at any time be withdrawn. I t is granted in order t h a t emigrants may be met and helped both upon arrival and upon departure. Employees undertaking these duties must wear a distinctive badge and must always have with them the official permit as issued by the local police. The central office representing the transport company is responsible for all the activities of the different agencies of the company in Austria. (Regulations of 27 J u n e 1921, sections 3, 4, 5, and 6.) BELGIUM.—According to the Order of 25 February 1924, section 14, the head of a transport undertaking may appoint licensed sub-agents in Belgium to engage emigrants. These sub-agents must be legally appointed by a licensed head of a transport undertaking and be approved by the local authorities. Their appointment is only valid for one year. The emigration officer must enter the names of such licensed sub-agents in a book kept for the purpose. The head of an undertaking is responsible for the acts of his representatives and employees both in Belgium and abroad. A list of those persons whose profession or trade prohibits them from being employed by a transport undertaking is given under (b) of this section. CZECHOSLOVAKIA.—The carrier may be licensed to open other agencies in different parts of the country, besides the head office that he is obliged to establish in Prague. These agencies must be under the control of one permanent representative, who must be approved by the Minister of Social Welfare. His name, and the extent of his authority, must be submitted to the said Minister. These representatives must be citizens in full possession of their civil rights, and present all guarantees regarding the carrying out of the work entrusted to them. The following persons are excluded from becoming representatives : officials or employees of the State, a province, a municipality, a district, or of a railway company, Members of the National Assembly or of organisations representing a province or a commune, priests, teachers, lawyers and notaries, doctors, hotel-keepers or innkeepers, or members of their families living with them. Carriers or their representatives are prohibited from making use of intermediaries (travel agencies, private agents, etc.) in the carrying out of their business, and from engaging persons to work outside their offices. However, a licence may be obtained to employ outside persons for receiving and sending off emigrants a t special places. This licence is only granted for a specified period and may at any time be withdrawn. These persons must be provided with an official identity card and wear a distinctive badge. No persons HEADS OF TRANSPORT UNDERTAKINGS AND THEIR AGENTS 211 disqualified as representatives of an agency may undertake these temporary duties. Carriers must transmit to the Minister of Social Welfare a list of their employees showing the exact work done by each one. Changes in the position or in the duties of any employee must be reported within eight days. Carriers are legally responsible for all acts of their employees in so far as they are connected with the transport of emigrants. Carriers and their representatives are jointly and severally responsible for the acts of the employees of the latter. (Act of 15 February 1922, sections 14,15, and 17.) DENMARK.—The general agent of a transport company must provide all persons acting for him with a written authority, endorsed by the police, specifying the district in which they may work. No new office may be opened without a licence. The transport agent is responsible for all infringement of the law of which his subordinates may be guilty. (Act of 1 May 1868, section 7.) FRANCE.—Representatives of transport undertakings must be provided with a certificate available for one year, whereby the head of the transport undertaking assumes all responsibility for the acts of his representative. (Decree of 9 March 1861, section 4.) Colonies.—Companies or agencies are responsible for the activities of their representative in all business relating to the transport of natives. (Madagascar : Decree of 6 May 1903, section 7; Somali Coast : Decree No. 320 of 6 September 1920, section 18.) GERMANY.—Heads of transport undertakings (Unternehmer) may establish agencies managed by representatives (Stellvertreter), who must be licensed by the Minister for the Interior. They may also appoint agents to assist on the commercial side of the business (Agenten), provided that such agents are licensed. This licence is obtainable from the chief administrative authority in the district where they work, or where they reside. I t is only granted t o German subjects who have been legally appointed by a licensed owner. A deposit must be paid. No owner of a transport undertaking acting as such may employ persons other than duly licensed agents, nor shall such agents employ any unlicensed person. (Emigration Act of 1897, sections 3, 9, 11, 12, 16, and 17.) GREAT BRITAIN.—Licensed passage brokers may appoint agents, but such appointment must be approved by an emigration officer of the Board of Trade. (Merchant Shipping Act, 1894, section 345.) An agent must not appoint sub-agents, and must not sell tickets other than those handed to him by the broker who employs him. (Instructions relating to Emigrant Ships, 1920, section 75.) Emigrant runners are assistants whose activities are regulated by law. According to the Merchant Shipping Act, an emigrant runner is any person other than a licensed passage broker or his clerk who for hire or reward gives any intending emigrant information or assistance in any way relating to emigration. The emigrant runner must obtain a licence from the proper licensing authority. This licence, which must be renewed annually, may be forfeited for certain acts of misconduct. A person who desires to obtain a licence as emigrant runner must present a recommendation in writing from an emigration officer or from the local chief constable. Passage brokers must keep exhibited in their offices a list of the names and addresses of persons authorised to act as agents or as emigrant runners, and must transmit such a list once a month to the emigration officer nearest to their place of business. They must also report to the emigration officer every discharge or fresh engagement of an agent or an emigrant runner within twenty-four hours of the same taking place. 212 CONCLUSION OF THE TRANSPORT CONTRACT The acts and defaults of any person acting under the authority or as an agent of a passage broker are deemed to be also the acts and defaults of the passage broker. (Merchant Shipping Act, 1894, sections 341 and 345-352.) Colonies : Hongkong.—The Asiatic Emigration Ordinance, 1915 (section 40), stipulates t h a t no licensed passage broker shall act has agent for any person without written authority. Solomon Islands.—Under the terms of the Solomon Islands Labour Regulation, 1921, section 10, no person may give money or goods to any native in consideration of his permitting or inducing others to be recruited. Windward Islands.—The laws of Saint Lucia and Saint Vincent stipulate that any recruiting agent who shall employ or authorise any person to engage, procure, or induce any labourer to proceed to a notified place, or who shall give remuneration or reward to any person who as so acted shall be liable to a fine not exceeding £50 in respect of each such offence. (Saint Lucia : Emigrants Protection Ordinance, 1916, section 9, (c) ; Saint Vincent : Emigrants Protection Ordinance, 1924, section 9, (c).) GREECE.—Persons licensed to carry on transport undertakings may appoint representatives or sub-agents. They are directly and entirely responsible for all acts or omissions of their representatives t h a t may be contrary to the emigration laws. Holders of governmental or municipal office, and persons who are disqualified by the Minister of the Interior upon failure to produce the required guarantees of good character are forbidden to act as representatives or sub-agents. Representatives and sub-agents must pay a fee upon receipt of a licence. This licence is valid for one year and can be renewed under the same conditions provided t h a t the licence of the head agent is still valid or has been legally renewed. (Act of 24 July 1920, section 16.) HUNGARY.—Besides the head office of the agency at Budapest, other offices and agencies may be opened in ports or a t certain frontier stations, provided that a licence is obtained from the Minister of the Interior. This licence is only granted if the increase in emigration makes the establishment of such offices advisable. They may only be managed by persons fulfilling the same conditions as those required of heads of undertakings. (See under (b).) Both the managers and staff of these agencies must be licensed by the Minister of the Interior. Licensed undertakings for the transport of emigrants are forbidden to conclude any contracts concerning emigrants with unlicensed undertakings. In all commercial transactions concerning emigration the head of the undertaking is responsible for the business done by his employees. The representative is primarily responsible for employees in agencies, and after him the head of the undertaking himself. (Emigration Act of 1909, sections 11, 12, and 17.) ITALY.—According to the consolidated text of the Emigration Acts (13 November 1919), navigation companies or carriers of emigrants may only appoint representatives upon approval by the Emigration Office and with the sanction of the proper authorities. Only Italian citizens may obtain a licence to represent transport undertakings, and this licence is not transferable. Several carriers may, upon mutual agreement, appoint the same representative, provided that they notify the Emigration Office of their intention. No agent may embark emigrants on ships other than those belonging to the carrier whom he represents. The appointment of representatives of foreign carriers is only authorised by the General Emigration Department. This authorisation is either HEADS OF TRANSPORT UNDERTAKINGS AND THEIR AGENTS 213 granted by the licence, or subsequently upon the advice of the permanent committee and under such conditions as it shall impose. Carriers who employ unlicensed persons to represent them are liable t o a fine (sections 22 and 68). The carrier must submit to the Emigration Office a list of his representatives for whom he is entirely responsible, even to the extent of drawing upon his personal deposit if this should be necessary. He must also be responsible for all those carrying out transport in his name, notwithstanding any agreement to the contrary. Any contract limiting or denying such responsibility is null and void, even if it should include a reduction of the passage money (section 22). MEXICO.—Shipping companies, immigration and emigration companies, colonisation companies, and undertakings for transport by air are financially responsible for all infringements of the law of which their employees and agents may be guilty; consequently, fines not paid by persons convicted are recoverable from the company itself. (Migration Act of 12 March 1926, section 100.) NORWAY.—All paid employees of a transport undertaking receiving a fixed wage or other payment are considered as sub-agents. Sub-agents must be provided with a written authority by the licensed agent who appoints them. If their work extends outside the district in which this agent resides, they must send to the local authorities a certificate of good conduct issued by the police in the district in which they reside. Emigration agents are entirely responsible for all acts of their representatives or sub-agents. (Act of 22 May 1869, section 3, and Regulations of 18 December 1899, section 2.) POLAND 1.—No licensed company may establish any agencies or offices for the sale of third-class or steerage tickets without a licence from the emigration office. Managers of provincial agencies may only be appointed upon approval by the emigration office, and must be resident in Poland or Danzig. Only persons of Polish nationality may become managers of transport agencies either Polish or foreign. Licensed companies must transmit to the emigration office a complete list of the names and addresses of all persons employed by them, together with a list of all their agencies in Poland. Subsequent changes in such lists must be reported immediately to the emigration office. (Model Licences for Transport Undertakings, 1925, sections 2 and 6.) PORTUGAL.—Under the Emigration Regulations of 19 J u n e 1919, licensed emigration agents and passage and passport agents are permitted to employ a permanent staff to assist them in carrying out their work or to engage persons to act for them during any temporary absence. They must, however, inform the General Emigration Department of their intention, and assume entire responsibility for their employees. Identity cards are issued to such employees by the General Emigration Department. Sub-agents of shipping companies whose activities are limited to the sale of tickets to emigrants are not required to obtain a licence. I t is necessary to distinguish between these agents and so-called passage and passport agents who take part in all business concerning the transport of emigrants. The Regulations concerning these agents have been examined under (b). The names of all licensed owners of undertakings for the transport of emigrants, together with a list of the ships used, are sent by the Emigration Department to diplomatic and consular agents abroad, and appear in 1 See Supplement I : Decree of 11 Oct. 1927. 214 CONCLUSION OF THE TRANSPORT CONTRACT official publications. and 89.) (Regulations of 19 June 1919, sections 74, 75, RUMANIA.—The conditions under which agents of transport companies may obtain a licence are as follows : they must be Rumanian citizens resident in the country and in possession of certificates of good character, must not have been convicted of any offence, and must pay a deposit. They m a y at any time be dismissed upon demand of the Labour Minister. A list of all licensed agents and representatives must be posted up in the offices of agencies. The head of the undertaking is responsible for all faults of which his employees may be guilty. (Act of 11 April 1925, sections 19,21, and 26.) SERB-CROAT-SLOVENE KINGDOM.—All business relating to the transport of emigrants is carried out in the Kingdom by agencies t h a t take the place of the undertakings they represent, or by intermediary persons who must be Yugoslav subjects, resident in the Kingdom, and must constitute themselves as a Yugoslav firm. A list of any new agencies to be established must accompany the application for a licence and such agencies as are approved by the Minister of Social Affairs are indicated on the licence. Transport undertakings may only carry on their activities within the districts for which they are licensed and they may not employ travellers. Shipping companies must accept full legal responsibility for all acts committed by their representatives. (Act of 30 December 1921, sections 23 and 25.) SPAIN.—Licensed shipowners or charterers or their Spanish representatives, and their consignees, are permitted to establish information bureaux and agencies for the sale of tickets in Spanish towns other than ports set apart for the embarkation of emigrants, provided t h a t they have first obtained a licence from the Directorate-General of Emigration. The manager of an information bureau and ticket office must be a Spaniard, have legal competence in commercial affairs, be of good reputation, and not have been convicted of any offence against the emigration laws or be suspected of taking any part in clandestine recruiting, directly or indirectly. I n cases of a legal personality, the company must be legally constituted, and those who represent it must conform to the above conditions. Several transport companies may combine to use the same office for the sale of tickets, provided that each company pays the required deposit (see under (c)). (Consolidated Text of 20December 1924, section 36, Regulations of the same date, section 64, and Royal Order of 20 January 1925.) SWEDEN.—An emigration agent (head of transport undertaking) wishing to employ a representative must state the representative's name and apply for a licence from the Governor of the province in which the representative is to work. A licence is only granted if, in the opinion of the Governor, the establishment of a representative is warranted by local conditions, and provided that the person in question resides in the province and possesses the same qualifications as those required of the agents themselves (see under (b)). An emigration agent is entirely responsible for all infringements of the emigration laws of which his representative may be guilty. (Order of 4 J u n e 1884, section 4.) SWITZERLAND.—Emigration agents may appoint sub-agents to represent them,provided t h a t such sub-agents conform to the same conditions as are imposed upon agents themselves, and t h a t their appointment is confirmed by the Federal Council, but they are forbidden to employ any unlicensed persons or sub-agents of other companies in any business concerning emigrants. REGULATIONS CONCERNING THE COST OF TRANSPORT 215 I t is forbidden to engage persons to work outside the agencies or to travel in the interests of the undertakings. Sub-agents may not do business outside the districts specified on the application for a licence, unless a licence has been obtained from the Department of Foreign Affairs. They are forbidden to take part in any emigration business on their own account under penalty of losing their licence. A fee must be paid upon confirmation of the appointment of agents. Each department must keep an exact account of the names of all licensed agents and their sub-agents. These names are published by La Feuille fédérale when the licence is granted or upon the confirmation of the appointment of sub-agents. Moreover, the names of all persons licensed to transport emigrants are published in annual tables. Agents are personally responsible to the emigration authorities and to the emigrants themselves, both for their sub-agents and for their representatives abroad. (Act of 22 May 1888, sections 5, 7, and 8, and Regulations of 10 July 1888, sections 20, 21, 22, and 34.) (e) R E M U N E R A T I O N OF THE E M P L O Y E E S OF TRANSPORT UNDERTAKINGS In order t o avoid any propaganda in favour of excessive emigration, employees of transport undertakings are, in many countries, forbidden b y law t o take any direct interest either in t h e business undertaken by t h e m or in the proceeds of t h e undertaking, b u t must receive a fixed wage. Provisions of this kind are t o be found in the Austrian Regulations of 27 J u n e 1921, section 5, in the Czechoslovak Act of 15 February 1922, section 15, in the Hungarian Emigration Act of 1909, section 13, in the Polish Model Licence for Transport Undertakings, 1925, section 6, and in the Rumanian Migration Act of 11 April 1925, section 19. § 2.—Regulations concerning the Cost of Transport In most countries all questions concerning the cost of transport are controlled by law and not left t o the decision of t h e transport companies. Regulations are in force t o fix the price of transport, t o publish this fixed price, t o prevent its being exceeded b y additional charges, t o determine methods of payment, and t o prevent the sale of tickets for shipping lines other t h a n those run by the company selling the tickets. 216 CONCLUSION OF THE TRANSPORT CONTRACT (a) T H E F I X I N G O F T H E COST O F TRANSPORT The cost of transport is determined in various ways. Some countries require t h a t special tariffs for emigrants or for third class or equivalent classes shall be submitted for approval t o certain administrative authorities. Sometimes these tariffs are revised at regular intervals (every three, six, or twelve months) or before the departure of each ship. I n some countries the prices are fixed by the competent department or b y a. special emigration office and published b y Decree after consulting t h e companies interested and the Emigration Council. Usually all elements included in the cost of transport must be stated (fare, keep, insurance, fees, etc.). Sometimes in addition the methods of payment a n d certain conditions of transport, such as the speed of the ship, are mentioned. Alterations in the prices fixed or approved by the Government are subject t o fresh approval. If licensed companies refuse t o charge the official prices in spite of the decision of the Government, sometimes the Government may take exceptional steps, such as requisitioning ships on which the emigrants are t o be transported. AUSTRIA.—All the licensed transport companies must submit to the authorities the fares charged for transport by sea in the steerage, third class and equivalent classes, t h a t is to say, in the classes t h a t , according to the emigration regulations, are set apart for the transport of emigrants. Details must also be given concerning the conditions of transport, together with methods of payment and the speed of ships used in European ports for the transport of emigrants and the time occupied by the journey to certain specified ports. (Regulations of 27 J u n e 1921, section 10.) CZECHOSLOVAKIA.—The carrier must notify the Ministry of Social Welfare of the scale of charges both for passengers and luggage 14 days before they come into force. During these 14 days the Minister may order the scale to be amended if, in the opinion of the Government, the approval of such a scale would give harmful stimulus to emigration or direct it to one special country, or would permit emigrants to be exploited. The carrier must be advised of any amendment. The period of 14 days provided for as above may be reduced by the Ministry of Social Welfare in urgent cases. (Act of 15 February 1922, section 24.) GREECE.—Before the departure of ships the emigration agent must submit for the approval of the Ministry of the Interior a tariff showing the sums which the emigrants will have to pay, indicating a t the same time the date on which this tariff comes into force. (Act of 24 July 1920, section 23.) HUNGARY.—The Emigration Act of 1909 requires transport or emigration agents to communicate their transport rates to the Minister of the REGULATIONS CONCERNING THE COST OF TRANSPORT 217 Interior, and forbids any unauthorised addition to these approved rates (section 10). ITALY.—Carriers must forward the proposed schedule of fares for thirdclass tickets to the General Emigration Department not later than 15 November, 15 March and 15 July. The Department decides as to the approval of the fares after hearing the opinion of the Director-General of the Mercantile Marine and of the Italian Chambers of Commerce abroad in the principal centres to which Italians emigrate, and the current fares in the principal foreign ports, particulars of which are to be supplied by the Italian consuls in periodical reports. Carriers must abide by the approved schedule of fares. If any carrier does not do so, his licence for transport of emigrants is withdrawn. If transport companies should agree to refuse t o transport emigrants a t the official rates, the Government may authorise local committees and recognised aid societies to act as representatives of the transport companies, and special privileges may be granted to other companies, shipowners or charterers, either Italian or foreign. If necessary, the Government may cause the transport to be carried out by other licensed companies or authorise emigrants to be transhipped in foreign ports, and take all other necessary measures. (Consolidated Text, 13 November 1919, sections 31 and 32.) JAPAN.—Undertakings for the transport of emigrants must submit a schedule of fares for the approval of the authorities. (Emigrants Protection Act, codified in 1907, section X X , 5.) LITHUANIA.—Emigration companies must submit rates of transport and insurance to the Minister of the Interior for approval after consultation with the Minister of Finance, the Minister of Commerce, and the Minister of Industry and Transport. I t is forbidden to make any addition to the approved rates. (Act of 18 July 1922, section 6.) POLAND \—Companies for the transport of emigrants are forbidden to charge higher fares for emigrants setting out from Poland than the lowest fares charged for the same kind of transport from a foreign country to the same destination. Any alteration in the rates for passengers or luggage must be communicated to the Emigration Office at least one month before its coming into force. In exceptional cases the Emigration Office may reduce this period to 14 days. Any increase in the tariff is subject to the above condition. Emigrants who have already concluded a contract with the company before the higher tariff came into force may not be asked to pay the higher rates. (Model Licence for Transport Undertakings, 1925, section 7.) RUMANIA.—The prices of emigrants' tickets must be transmitted to the authorities for approval every three months, and must include the cost of keep during the journey, of all necessary medical attention, and of the insurance of the emigrant and of his belongings. These prices must be quoted in Rumanian currency. (Act of 11 April 1925, section 26.) SERB-CROAT-SLOVENE KINGDOM.—The price of tickets and the company's obligations concerning them must be submitted for examination and approval to the Minister of Social Affairs once in three months. Any proposed alteration must be submitted to the Minister of Social Affairs one month before it comes into force. If a licensed company refuses to transport emigrants a t the approved prices, its licence may be permanently withdrawn and all necessary steps may be taken by the proper authority i See Supplement I : Decree of 11 Oct. 1927. 218 CONCLUSION OF THE TRANSPORT CONTRACT to ensure that there shall be no interruption in transport by the route originally followed by the company which has been suspended. (Act of 30 December 1921, section 26.) SPAIN.—The maximum price to be paid by emigrants for transport by sea is fixed half-yearly by the Directorate-General of Emigration, after consulting the shipping companies concerned and the superior Emigration Council. I n no circumstances shall the price of an emigrants' ticket from a Spanish port exceed t h a t of an emigrant's ticket of the same class from a foreign port which is further from the port of destination. Tickets must be printed with counterfoils and must be endorsed and stamped by an emigration inspector before being sold. (Consolidated Text of 20 December 1924, sections 38 and 39, and Order of 20 January 1925, section 13.) SWITZERLAND.—Emigration agents must communicate a schedule of fares for each route followed by their ships to the Department for Foreign Affairs, distinguishing clearly between the fare to the port of disembarkation and the fare to the destination in the country of immigration. (Regulations of 10 July 1888, section 39.) (b) P O S T I N G U P THE COST OF TRANSPORT I n order t o ensure t h a t none b u t the official fares shall be charged, some countries require t h a t these fares shall be posted u p in public places where they may be easily seen b y persons interested 1 . FRENCH MANDATED TERRITORY : Syria and Lebanon.— Under Order No. 2975 of 4 December 1924, shipping companies licensed to transport emigrants are required to transmit a copy of their tariffs to the High Commissioner, to his delegates in the various States and to the governors of these States, and to the special emigration officers. They must also post up copies of their tariffs in their head offices and in all branches in Syria and Lebanon, and state whether these tariffs only cover the cost of transport by sea in a specified class or whether they include the price of transport from the place of residence to the port of embarkation, together with lodging until the day of departure (section 9). CZECHOSLOVAKIA.—The scales of transport charges must be posted up in a prominent position in all offices of transport undertakings. (Act of 15 February 1922, section 24.) RUMANIA.—Transport agents must post up a list of their transport rates as fixed for the year in a prominent position in their head offices, and must show that they have been approved by the Ministry. (Act of 11 April 1925.) SERB-CROAT-SLOVENE KINGDOM.—The price of passenger tickets must be stated in dinars and is not payable in foreign money in the Kingdom. (Act of 30 December 1921, section 15.) 1 See Supplement I for Poland. REGULATIONS CONCERNING THE COST OF TRANSPORT 219 (c) PROHIBITION OF ADDITIONAL CHARGES In some countries rates of transport must be published in detail, so that the different sums comprising the total fare and the items covered by them are shown separately. In many countries all prices and taxes as stated in the contract must remain unaltered, and no extra charges may be demanded from the emigrant at any point on the journey. Special regulations on this subject are in force in the following countries. FRENCH MANDATED TERRITORY : Syria and Lebanon.— Under the Order of 4 December 1924, special emigration officers and other authorities were entrusted with the task of seeing t h a t the emigration regulations are carried out, and are required to satisfy themselves that no emigration tickets are sold by a transport company or the representative of a transport company a t a higher price than the authorised price. Emigrants and their luggage must be transported from the quay to t h e ship or vice versa at the same charges as those in force in each port (section 9). AUSTRIA.—In cases where the cost of the medical examination before departure is not defrayed by the company, the emigrant must be notified of this when his transport contract is drawn up. This also applies to the transport of luggage from the station to the boat or t o the lodging house and from there to the boat, when such transport is payable by the emigrant. Transport companies who are in a position to supply board and lodging a t the port of embarkation until the day of departure are authorised to make an agreement with the emigrant to this effect. The charges for such board and lodging must be submitted to the Austrian authorities and must be posted up in German in all the offices of the company. These charges may be paid daily or in a lump sum. No extra charge for light, service, etc., may be demanded from the emigrant. (Regulations of 27 J u n e 1921, sections 11 and 23.) CZECHOSLOVAKIA.—It is forbidden to charge emigrants a higher price for the use of public conveyances than is fixed by the tariffs in force or, in case of a reduction in tariff, any sum greater than t h a t actually paid to the transport company. Moreover, licensed companies are forbidden to charge higher transport rates than those that have been approved by the Government. All agreements contravening this prohibition are null and void, and the holder of an emigrant's ticket can claim the return of three times the excess paid. The price fixed by the contract must include the transport of the emigrant and his belongings from the place of departure to his destination and, when necessary, from the station at which emigrants are collected to the country of immigration. The fixed price must include food and shelter for the whole journey (unless there are clauses in the contract stipulating t h a t the emigrant shall provide for himself on shore), medical attention, and burial expenses in case of death. (Act of 15 February 1922, sections 23 and 24.) GREECE.—The receipt of any sums in addition to the approved tariff for any purpose whatsoever is prohibited. I t is also forbidden to refuse to take a passenger who offers to pay the regulation fare. (Act of 24 July 1920, section 23.) 220 CONCLUSION OF THE TRANSPORT CONTRACT HUNGARY.—The emigrant and his belongings must be transported to the place specified in the contract at the specified price, without in any circumstances any addition being made to this price. Moreover, no fee other than the insurance fee as stated in the contract shall he demanded nor shall the emigrant be required to make any payment in services. (Emigration Act of 1909, sections 23 and 11.) ITALY.—No carrier of emigrants or his representative shall require the emigrant to pay any sum in addition to the passage money. The emigrant has the right to return of double the excess paid; he may also claim damages. (Act of 13 November 1919, section 33.) LITHUANIA.—According to the transport contract, the emigration company undertakes to transport the emigrant and his belongings to the places specified in the contract at an agreed price, that shall in no circumstances be exceeded. (Act of 18 July 1922, section 9.) NETHERLANDS.—For no reason whatever shall a transport company demand the payment of any money other than the amount indicated in the declaration issued to the emigrant in lieu of a contract. (Transport of Emigrants Act, 1861-1869, section 20.) PORTUGAL.—All passage and passport agencies must draw up an account in lieu of a receipt, on which are entered all expenses paid by the emigrant in order to obtain a passport and the cost of the journey. Details of all expenses incurred in procuring the different certificates required before a passport can be issued, together with the fee paid to the agent, must appear in the account. The agent's fee must not exceed one escudo. The emigrant must present the agent's receipt to the officer of the Emigration Department before embarking. (Regulations No. 5886 of 19 June 1919, section 82, amplified by the Portarias No. 2768 of 3 J u n e 1921 and No. 2774 of 4 J u n e 1921.) RUMANIA.—Under the Emigration Act of 11 April 1925, transport agents are required to transport the emigrant and his belongings to his destination a t the price stated in the contract. No additional charge may be made (section 26). SERB-CR OAT-SLOVENE KINGDOM.—The passage money as fixed by the contract must a t least include transport, board and lodging, medical attention on the journey, cost of burial in case of the death of an emigrant, transport of luggage up to a certain weight, and the medical examination before embarkation. In no circumstances may a transport company demand or accept from the emigrant any sum whatever in addition to the price of transport charged according to the rates approved and published by the Government. If the transport company should demand an excessive charge, the emigrant has the right to claim the return of double the excess paid. (Act of 30 December 1921, sections 21 and 25.) SWITZERLAND.—The Emigration Act of 1888 stipulates t h a t in no circumstances shall any addition be made to the cost of transport as fixed in the contract. The emigrant shall not be required to pay any additional tax, tips, hospital expenses, or other charges during the journey. Further he shall not be asked to pay any additional charge for transport from the ship to the quay a t the port of departure (sections 15 and 16). REGULATIONS CONCERNING THE COST OF TRANSPORT (d) 221 P R O H I B I T I O N O F M E T H O D S O F P A Y M E N T W H E R E B Y THE L I B E R T Y OF THE EMIGRANT MIGHT B E R E S T R I C T E D I n most countries emigrants are forbidden t o do work in payment of their passage. Usually this method of p a y m e n t is arranged b y private understanding between t h e company or its representatives and t h e emigrant in question, and in consequence t h e emigrant is liable t o escape the attention of t h e authorities. Moreover, it gives a direct stimulus t o emigration, particularly among destitute and adventurous classes. I n some cases it can also cause a depreciation in the wages of sailors. Many regulations have been laid down t o prohibit a n y payments being m a d e after t h e journey a n d t o protect t h e emigrant from being exploited, and t o prevent any restriction of his liberty a t a time when he is more or less outside the control of his national authorities. For these reasons all other agreements restricting t h e liberty of t h e emigrant after arrival in t h e country of immigration are prohibited (choice of occupation, place of residence, etc.). AUSTRIA.—Transport companies are forbidden to conclude a contract with an emigrant (that is to say, a passenger in the steerage, third class, or any equivalent class) by which the latter undertakes t o pay the passage money wholly or in part after arrival a t the country of immigration or to do work in payment of the passage or to restrict in any way whatsoever his liberty or his right t o work where he wishes in a specified country. (Regulations of 27 June 1921, section 14.) CZECHOSLOVAKIA.—The Emigration Act of 15 February 1922 prohibits carriers from concluding contracts with emigrants requiring the latter to work either during the journey or after arriving at their destination in part or full payment of their passage and insurance (section 23). DENMARK.—A contract containing any clause to the effect that the emigrant shall do work in part or full payment of the passage after his arrival at the foreign port, is null and void. The agent concluding such a contract is liable t o a fine of 200 kroner K (Act of 1 May 1868, section 8.) GERMANY.—The Act of 9 June 1897, section 22, forbids the exaction from the emigrant of payment of his fare or money advanced in the form of labour after embarkation. He must not be limited in his choice of residence or of occupation at his destination. HUNGARY.—The Emigration Act of 1909 forbids the conclusion of contracts with emigrants t h a t stipulate that part or full payment of the 1 One kroner = approximately l ' l s . 222 CONCLUSION OF THE TRANSPORT CONTRACT fare or of insurance shall be made by means of labour in the course of the voyage or after arrival at his destination.' All clauses restricting the emigrant in his choice of residence or occupation are forbidden (section 23). LITHUANIA.—Transport companies are forbidden to conclude any contract whereby the emigrant is placed in a position of debtor towards the company or to draw up any transport or insurance contract to the effect t h a t the emigrant shall do work in payment of his passage either during the journey or after his arrival at his destination. Transport companies are also forbidden to restrict the liberty of the emigrant with regard to his choice of residence and occupation. (Act of 18 July 1922, sections 10 and 12.) NORWAY.—The transport contract must not contain any provision requiring the emigrant to do work in full or part payment of his passage after arrival in a country outside Europe. When delivering the contract coupon to the emigrant, the police must inform themselves whether any separate contract or agreement concerning the method of payment has been drawn up between the carrier and the emigrant. (Act of 22 May 1869, section 6, and Regulations of 18 December 1899, section 9.) POLAND.—See Supplement I. SPAIN.—The Emigration Act declares any contract null and void which stipulates for payment of the fare by means of personal labour. Similarly any contract between a shipowner, a charterer, or their consignee and the emigrant is null and void, whereby the liberty of the emigrant is restricted after arrival at his destination, and obligations with regard to the shipowner, charterer, or their consignee are put upon the emigrant, to be fulfilled after disembarkation. Under the same Act an emigrant's luggage may not be retained as a guarantee for any money advanced to the emigrant by the head of the undertaking or his representative or for any debts incurred by the emigrant. (Consolidated Text of 20 December 1924, sections 40 and 44.) SWEDEN.—No contract shall contain any clause requiring the emigrant to do any work in payment of his passage after his arrival a t his destination. (Order of 4 June 1884, section 5, subsection 3.) SWITZERLAND.—The payment of the passage shall not be made fully or in part by personal labour. (Act of 22 March 1888, section 16, (4).) (e) REGULATIONS CONCERNING T H E S A L E TICKETS AND T H R O U G H OF SUPPLEMENTARY TICKETS S o m e c o u n t r i e s p r o h i b i t t h e sale of t i c k e t s for t h e c o n t i n u a n c e of t h e j o u r n e y b e y o n d t h e p o r t of d i s e m b a r k a t i o n . I n o t h e r c o u n t r i e s t h i s is a l l o w e d u n d e r c e r t a i n specified c o n d i t i o n s , p a r t i c u l a r l y w h e n t h e t r a n s p o r t a g e n t a r r a n g e s for t h e c o n t i n u a n c e of t h e j o u r n e y himself. I n s o m e c o u n t r i e s licensed c o m p a n i e s m a y sell t i c k e t s m a d e REGULATIONS CONCERNING THE COST OF TRANSPORT 223 up with tickets from other companies to emigrants whom they are transporting for part of the journey. AUSTRIA.—The charges for all means of conveyance used to transport emigrants to the port of embarkation or from the port of disembarkation to the final destination must be made according to the tariffs in force. If there are no tariffs, only the actual sum paid by the transport agent to the person or companies carrying out such transport may be charged. (Regulations of 27 J u n e 1921, section 17.) CZECHOSLOVAKIA.—It is forbidden to sell emigrants tickets for the continuance of the journey beyond the trans-oceanic port of disembarkation before their arrival at t h a t port. However, this prohibition does not apply to contracts by which the carrier undertakes to arrange for the transport of emigrants beyond the port of disembarkation. (Act of 15 February 1922, section 31.) GERMANY.—The sale of emigrants' tickets for the continuance of the journey beyond the trans-oceanic port of disembarkation is forbidden. However, this prohibition does not apply in cases where the transport agent undertakes to arrange for the continuance of the journey beyond the port of disembarkation himself. Details of his authority to undertake this additional transport must be indicated on his licence. (Act of 9 June 1897, sections 25 and 26.) ITALY.—Only licensed carriers have with railway tickets for the countries to not apply in case of tickets distributed a t the time of departure. (Consolidated tion 25.) the right to provide which they are going. free of charge to the Text of 13 November emigrants This does emigrants 1919, sec- NETHERLANDS.—Companies not licensed to transport emigrants to places outside Europe are forbidden to sell or offer for sale tickets for the continuation of the journey beyond a port of disembarkation before arrival there. Carrier licensed to transport emigrants outside Europe may, however, arrange for transport beyond the port of disembarkation in accordance with a previously signed contract. (Transport of Emigrants Act of 18611869, section 21.) NORWAY.—Emigrants who are in possession of contracts stating that the railway ticket for continuing the journey after arrival has been paid in advance must, in addition, provide themselves with adequate proof of their right to such a ticket before they need to use it. (Regulations of 18 December 1899, section 6.) POLAND.—Licensed transport companies may not sell tickets for shipping lines controlled by other companies or for those of their own lines that, are not included in the licence issued by the Polish Government. (Model Licence for Transport Undertakings, 1925, section 26.) SPAIN.—The Directorate-General of Emigration may in certain cases authorise the sale of through tickets, covering all payments to be made by the emigrant for transport from the place where he lives to his final destination, including board and lodging. Details of the accommodation to be provided must be shown on the tickets. (Consolidated Text of 20 December 1924, section 78.) 224 CONCLUSION OF THE TRANSPORT CONTRACT § 3.—The Contract Most • countries require t h a t a contract shall be made, and define the form in which it shall be drawn u p and the particulars it shall contain. (a) N E E D FOR A W R I T T E N CONTRACT I n most countries the transport agent or sometimes the emigration agent is required t o conclude a written contract with the emigrant (Austria, Belgium, Czechoslovakia, Denmark, Germany, Great Britain, Hungary, Italy, Lithuania, Netherlands, Norway, Portugal, Rumania, Serb-Croat-Slovene Kingdom, Spain, Switzerland). I n Hungary, Lithuania, a n d Rumania three copies of the contract must be made, one for each of the contracting parties and one t o be sent t o an administrative department. I n Denmark, Italy, Portugal, Serb-Croat-Slovene Kingdom, Spain, and Switzerland t w o copies of the contract are required. I n cases where only one copy is required, t h a t copy is kept b y the emigrant. The provisions also require t h a t these contracts shall be inspected b y the authorities. I n some countries they must be drawn u p in accordance with an official form, in others a model of t h e contract drawn u p by the transport company must be submitted t o the authorities before being p u t into use, or again each separate contract concluded with each emigrant must be endorsed. Frequently t h e language or languages in which t h e contracts shall be drawn u p are indicated in the regulations. A U S T R I A . — A model of the contract must be submitted to the Austrian authorities before being put into use. The approved model must be posted up in German in all the agencies of the companies. (Regulations of 27 J u n e 1921, section 8.) BELGIUM.—Each emigrant receives a contract coupon of which there is a counterfoil signed by the transport agent and drawn up in accordance with the official form fixed by the Order of 25 February 1924. I t must be drawn up in French, Flemish, and in the foreign language chosen by the emigrant. (Order of 25 February 1925, section 22.) CZECHOSLOVAKIA.—The form in which a transport contract must be drawn up is fixed by the regulations under the Emigration Act. The THE CONTRACT 225 contract must be given to the emigrant as soon as he has paid the full cost of the transport, or a t the latest before he leaves Czechoslovakia. The emigrant must submit the contract to the inspection of the passport office at the frontier. The contract must be signed by the two contracting parties. If a family is included in the contract, it must be signed by the head of the family. If it is a contract for a minor, it must be signed by h is legal guardian. If the emigrant cannot read, the contract must be read to him and"this fact must be entered in the contract. (Act of 15 February 1922, section 22, and Regulations of 8 June 1922, sections 24 and 42.) DENMARK.—Emigrants are required to conclude a written contract with the transport agent ; several emigrants may be included under the same contract, but in this case the name, age, address, and distinguishing marks of each person must be indicated. The contracts must be drawn up in Danish and English. The copy kept by the emigrant must first be submitted to the police, who, finding that it is in accordance with the Act, endorse it and send it to the emigrant. (Act of 1 May 1868, section 8.) FRANCE.—The contract must be endorsed by the Emigration Department a t the port of embarkation. (Decree of 9 March 1861, section 5.) GREAT BRITAIN.—Under the terms of the Merchant Shipping Act, 1894, if any person, except the Board of Trade and persons acting under its authority, receives money in respect of the steerage passage in any ship or a cabin passage in any emigrant ship proceeding from the British Isles, he must give in exchange a contract ticket in the form provided by the Board of Trade, signed by or on behalf of the owner or the master of the ship (section 320). Failure to produce a contract ticket on the part of a passenger or the counterpart of a contract ticket on the part of the owner or master of the vessel, mav result in the imposition of a fine not exceeding £10 (section 322). Colonies : Hongkong.—Under the terms of the Asiatic Emigration Ordinance, 1915, every passage broker, before he receives any money on account of any passage in an emigrant ship, must produce to the Secretary for Chinese Affairs a certificate of the master or owner of the ship, that such ship has been chartered for the purpose of carrying emigrants and that the passage broker is authorised to receive payment for such passage (section 37). Every passage broker who receives money from an emigrant for a passage in any emigrant ship must give him a passage ticket, stamped with his seal or trademark (section 36). He shall also present himself with such passenger before the Secretary for Chinese Affairs, or a duly appointed officer, and the meaning of the passage ticket shall be explained to such emigrant, to ensure that he understands where he is going and that he is not acting under compulsion or is not being influenced to emigrate by false representation (section 38, (1)). HUNGARY.—The contract must be drawn up in Hungarian and in the language of the emigrant, and three copies must be made. (Act of 1909, section 22.) NETHERLANDS.—The contract must be drawn up in Dutch and German or in whichever of these two languages is spoken by the emigrant. I t must be signed by the transport agent and countersigned before departure by the Supervising Committee. (Transport of Emigrants Act, 1861-1869, section 9.) NORWAY.—Transport agents are required to conclude a written contract with every emigrant, signed by the agent himself or his representative, and 16 226 CONCLUSION OF THE TRANSPORT CONTRACT to send the contract to the police to be endorsed. The emigrant must, wherever possible, fetch it in person. (Act of 22 May 1869, section 6, and Regulations of 18 December 1899, section 8.) POLAND 1.—The contract must be drawn up in accordance with the official form published by the Polish Government. (Model Licence for Transport Undertakings, 1925, section 10.) PORTUGAL.—A contract concerning conditions of transport must be drawn up by the emigration agent or by the maritime company according to whether the emigrant is recruited or is a "spontaneous" emigrant. Two copies are required. I t must be drawn up in accordance with a form published by the General Emigration Department. I t is endorsed (reconhecido) free of charge by a lawyer. The emigrant shall for no reason whatsoever be required to give up his copy of the contract, but must produce it as evidence in case of any dispute concerning the contract t h a t might arise either in Portugal or abroad. (Decree of 10 May 1919, section 19, and Regulations of 19 J u n e 1919, sections 37 and 38.) RUMANIA.—The contract must be drawn up in Rumanian and three copies must be made, one to be kept by each of the contracting parties and one to be sent to the Ministry of Labour and Social Affairs. (Act of 18 April 1925, section 26.) SERB-CROAT-SLOVENE KINGDOM.—The contract must be drawn up in Serbian and two copies must be made; one copy must be sent to the Ministry of Social Affairs. (Act of 30 December 1921, section 21.) SPAIN.—The contract must be in accordance with the official form as fixed by the Emigration Act. If it is used as a ticket it must be taken from a book printed with counterfoils and endorsed by the authorities. The pages of the book must be made up of the counterfoil, the contract coupon, and the embarkation order. The emigrant shall in no circumstances be required to give up the contract coupon to any person other than the inspector or Spanish consul at the port of destination. (Consolidated Text of 20 December 1924, sections 37 and 38.) SWEDEN.—Two copies must be made of all contracts signed by an emigration agent and an emigrant, or in the case of a minor by his guardian or his nearest relation. The contract must be drawn up in Swedish and English. Before departure the emigrant must submit his copy of the contract to the police authorities or a magistrate at the port of departure, who shall examine it and see that it is in accordance with the legal provisions. A t a x is required for this endorsement and is payable by the agent. (Order of 4 June 1884, section 5, subsections (1) and (6).) SWITZERLAND.—The transport contract, called "emigration contract" by the Act of 22 March 1888, section 17, even when it only specifies conditions of transport, must be drawn up in writing and two copies must be made, one for the agent and one for the emigrant. For no reason whatever shall the emigrant be required to give up his copy. The contract must be drawn up in accordance with the form fixed by the Federal Council. 1 See Supplement I : Decree of 11 Oct. 1927. THE CONTRACT (b) 227 COMPULSORY CLAUSES I n most countries t h e particulars t h a t shall appear in a transport contract are not left t o the decision of the contracting parties, and regulations have been drawn u p whereby certain definite particulars shall be entered in the contract. Generally speaking a transport contract must contain information on the following points : (1) The name of the emigration or transport agent (head of an undertaking)and the sum ame, Christian names, particulars of birth, age, civil status, last residence, etc., of the emigrant and the persons accompanying him (Belgium, Czechoslovakia, Denmark, Hungary, Italy, Lithuania, Netherlands, Poland, the Serb-Croat-Slovene Kingdom, Spain, Sweden, Switzerland); (2) The name of the ship, its nationality, the company t o which it belongs, the name of the master, its destination, the route t o be followed, etc. (Belgium, Czechoslovakia, Denmark, Hungary, Lithuania, Netherlands, Norway, Poland, Spain, Sweden); (3) The date of the departure and the time at which the emigrant has t o go on board (Belgium, Czechoslovakia, Denmark, Hungary, Lithuania, Netherlands, Poland, Portugal, the Serb-Croat-Slovene Kingdom, Spain, Sweden); (4) The port of embarkation and disembarkation or the place of departure and t h e destination as the case may be (Belgium, Czechoslovakia, Denmark, Germany, Hungary, Lithuania, Poland, Portugal, the Serb-Croat-Slovene Kingdom, Spain, Sweden, Switzerland); (5) The conditions under which the journey is t o be made, whether it is direct or whether it is necessary t o change t o another ship, and, if so, the name of the port where the change is t o be made and the name of the ship t h a t the emigrant is t o take at t h a t place (Belgium, Czechoslovakia, Denmark, Netherlands, Norway, Poland, Spain, Sweden, Switzerland); (6) The class in which the emigrant is t o travel (Belgium, Czechoslovakia, Denmark, Hungary, Lithuania, Spain, Sweden); (7) The cost of the journey in words and figures; if the contract includes several persons, the price is" t o be shown for each person (Austria, Belgium, Denmark, Hungary, Italy, Lithuania, Netherlands, Norway, Poland, the Serb-Croat-Slovene Kingdom, Spain, Sweden, Switzerland); (8) The total space at the disposal of the emigrant for himself, his family, and his luggage, number of berths, etc. (Belgium, 228 CONCLUSION OF THE TRANSPORT CONTRACT Czechoslovakia, Hungary, Netherlands, the Serb-Croat-Slovene Kingdom, Spain); (9) The food of the emigrant during the journey and the agreement concerning food and shelter for the emigrant for that section of the journey undertaken by land (Belgium, Czechoslovakia, Denmark, Germany, Hungary, Lithuania, Netherlands, Norway, Portugal, the Serb-Croat-Slovene Kingdom, Spain, Sweden, Switzerland); (10) The obligation of the transport company to transport the emigrant's luggage with the emigrant to the specified destination (Austria, Belgium, Czechoslovakia, Denmark, Hungary, Lithuania, Norway, Portugal, Sweden, Switzerland). Besides these general provisions some countries require that certain special provisions shall be entered in the contract, either to indicate further obligations on the part of the transport company (in case of cancelling the contract, of repatriation, etc.) or to determine the legal authority to whom appeal must be made in case of dispute or to indicate any other particulars. As far as possible these provisions are examined later. Many countries lay down the principle that any clause which is contrary to the provisions and regulations of the emigration law is null and void. AUSTRIA.—The obligation of the transport agent to maintain the emigrant and provide medical attention, not only during the sea journey, but also for the period of quarantine, must be stated in the contract. The fare must be given in detail (price of passage, price of railway journey from the port and to the port, personal taxes, etc.). The Austrian Government may also oblige transport companies to put a clause in the transport contract to the effect t h a t they will submit to the jurisdiction of the nearest Austrian representative (consul, emigration officer, etc.) in all cases of dispute arising between themselves and the emigrant. No contract shall contain any clause providing t h a t the transport agent shall be relieved from any obligation t h a t he has assumed with regard to emigrants in accordance with sections 11,12, and 13 of the above regulations. (Regulations of 27 June 1921, sections 8 and 14.) BELGIUM.—In cases of transhipment, the contract must state the name of the transport agent who undertakes to arrange transport for the continuance of the journey. The following particulars must also appear : the obligation of the transport agent to transport 50 kilograms of luggage per person free of charge, the daily and weekly victualling scale, the embarkation and disembarkation taxes payable by the emigrant. All clauses contravening the Act of 14 December 1876 and the Order of 25 February 1924 are null and void. (Order of 25 February 1924, sections 22 and 23.) CZECHOSLOVAKIA.—Section 23 of ; the Regulations of 8 June 1922 THE CONTRACT 229 specifies a series of clauses which must appear in the contract. Besides the particulars that are usually required, the contract must specify the time and place a t which the carrier becomes responsible for the maintenance of the emigrant, and must state whether he undertakes to feed and house the emigrant during that part of the journey which is undertaken by land, and must give a list of the emigrant's luggage stating how much is transported free of charge and how much is transported upon payment of a supplement. The carrier is obliged to transport the emigrant's luggage by the same ship as the emigrant himself. The cost of the transport must be given in detail. All embarkation and disembarkation fees must be defrayed by the carrier. The proportion of the fare t h a t is forfeited by the emigrant if he does not embark on the day appointed must be indicated (the emigrant must not forfeit more than half the passage money). The following particulars must also be included : the obligation of the carrier to provide the emigrant with a t least three meals a day and with all medical attention and medicine t h a t he may require on the voyage, and burial in case of death; the cost of the insurance of the head of the family and his luggage (this insurance is compulsory and is payable by the emigrant) ; conditions under which cancellation of the contract entitles the emigrant to repayment of the fare ; the obligations of the carrier in cases of delay or interruption in the journey. DENMARK.—The contract must state whether the transport agent is responsible for the maintenance of the emigrant during the journey, and, if so, whether t h e food is ready cooked. It must also state whether the fare includes the transport of luggage. The obligation of the transport agent to provide other means of transport in case of accident to the ship must also appear. If the transport agent undertakes to arrange for transport by land beyond the port of disembarkation, the means of transport to be employed must be indicated. (Act of 1 May 1868, section 8, amending Order of 21 July 1899.) GERMANY.—If the transport agent himself undertakes to arrange for transport in an extra-European country from the port of embarkation to the final destination, and to be responsible for the maintenance of the emigrant on this journey, this fact must be stated in the contract. Mention must also be made of any transhipment a t a foreign port which may be necessary. All clauses contravening the provisions contained in sections 27 to 30 of the Emigration Act (that is to say, those concerning the obligations of the carrier in cases of delay or interruption in the journey and cancellation of the contract) are null and void. (Emigration Act of 9 June 1897, sections 25 to 31.) GREAT BRITAIN.—The contract ticket for steerage passengers, which differs from t h a t for cabin passengers on emigrant ships, must indicate the names and ages of the passengers, the Christian names, surnames, and address of the person who issues the ticket, the name of the ship and its tonnage, the ports of embarkation or disembarkation, the date of departure, the amount of space reserved for each passenger's luggage, the victualling scale, and the price of the ticket, which must include every charge except freight for excess of luggage. The day of the month on which the passengers are to embark must be inserted in words. I t also states that if steerage passengers, through no default of their own, are not received on board on the day named in their tickets, or fail to obtain a passage in the ship, they shall apply to the emigration officer who will assist in obtaining redress under the Merchant Shipping Acts. The ticket, when once issued, must not be withdrawn, or any alteration, addition, or erasure made in it; it is not transferable ; and it is not to contain any addition, stipulation, or exception not contained in the form approved by the Board of Trade. HAITI.—Under the Act of 28 February 1924, any contract agreement 230 CONCLUSION OF THE TRANSPORT CONTRACT made with an emigrant at the time of his departure t h a t is in any way misleading or fraudulent is null and void (sections 22 and 25). HUNGARY.—Besides the cost of transport, the cost of insurance must appear in the contract, and the provisions of the Act concerning obligations on the part of the transport agent. Any clause contravening the provisions of the Act contained in sections 10 and 20 to 23, t h a t is to say, those concerning the fixing of the cost of transport and the conditions according to which the contract is to be drawn up, and the obligations of the transport agent, is null and void. (Emigration Act of 1909, sections 22 and 25.) ITALY.—Besides the usual particulars, the contract must contain a detailed list of the luggage for which transport is guaranteed. Further, under the Act of 13 November 1919, section 34, any contract is null and void whereby the emigrant shall not be compensated by the carrier for delay in execution of the contract or for interruption of the journey (section 61), and any contract is null and void whereby the jurisdiction of any authority other than those specified in the Act shall be accepted, or whereby the emigrant shall give up certain rights with regard to the carrier, All the prescribed particulars must be stated on the ticket (section 68 (I)). LITHUANIA.—Besides the cost of transport, the cost of insurance must be stated in the contract. The date upon which the contract comes into force and the obligations and responsibility of the transport agent as stated in section 9 of the Act must be specified, (Emigration Act of 18 July 1922, sections 8 and 9.) NETHERLANDS.—In case of transhipment during the journey, names and addresses of the transport agents undertaking to arrange for the continuance of the journey to the final destination must be entered in the contract. (Act of 1861-1869, section 9.) NORWAY.—Besides the usual particulars, the transport contract must specify the obligations of the agent with regard to the emigrant in case of a n y accident which might interrupt the journey. If the railway fare for the continuance of the journey after disembarkation is included in the fare this must be stated. Any contract requiring t h a t the emigrant shall do work in part or full payment of his fare in a country outside Europe is null and void and renders the transport agent liable to a fine. (Act of 22 May 1869, section 6, and Regulations of 18 December 1899, sections 5 and 6.) POLAND 1.—The cost of transport must be stated in detail in the contract and must include transport by land and by sea and the various taxes payable by the emigrant either upon departure or upon arrival (Head Tax and Hospital Tax). The period during which the transport company undertakes to maintain the emigrant on board before the departure of the ship, the amount of luggage transported free of charge, and the amount upon which excess is paid must be stated in the contract. Provisions concerning the right of the emigrant to repayment of the fare when the contract is not fulfilled must be stated on the back of the contract. (Model Licence for Transport Undertakings, 1925, section 10.) PORTUGAL.—The provisions of a contract drawn up between a "spontaneous" emigrant and a shipping company must state the obligation of the company (a) to arrange for the transport of the emigrant and his luggage 1 See Supplement I : Decree of 11 Oct. 1927. THE CONTRACT 231 to his destination; (b) to provide the emigrant with suitable board and lodging at the port of embarkation from the fixed date of departure to the actual date of departure ; (c) to provide him with proper food and hygienic accommodation during the journey and in case of delay or premature departure. The passage and passport agent is required to feed and house the emigrant as stated in paragraph (b) if the emigrant has passed through his hands. If an emigrant has been recruited by an emigration agent the latter is responsible for the fulfilment of the obligations stated in the contract. Besides fulfilling the above obligations the contract requires the transport agent (a) to provide the emigrant free of charge with medical attention and medicine in case of illness during the journey; (b) to pay the emigrant a sum equal in value to any money deposited with him in Portugal, even if the emigrant is not accepted by the company or the person upon whose account the agent has recruited him ; (c) in such a case to compensate him for the inconvenience caused and to defray all expenses of his repatriation to his home in Portugal. All contracts and documents of any kind containing clauses contrary to the prescriptions of the emigration regulations are null and void and render persons responsible for them liable to penalties stated in the Act. No lawyer shall legalise any contract that does not contain all clauses required by the Decree of 10 May 1919. (Decree of 10 May 1919, section 12, and Regulations of 19 J u n e 1919, sections 37 to 41.) RUMANIA.—Besides stating the obligation of the transport agent to feed and house the emigrants during the journey, the contract must also contain his obligation to provide all medical attention of which the emigrant might stand in need. The cost of insurance of the life and belongings of the emigrant must also be entered in the contract. (Act of 11 April 1925, section 26.) SERB-CROAT-SLOVENE KINGDOM.—If the shipping company undertakes to arrange for the transport of the emigrants from the interior to the port of embarkation, besides specifying the conditions of the sea journey the contract must also state the conditions of transport and maintenance for the journey from the interior and of maintenance until the day of embarkation. In addition a summary of the provisions of the Yugoslav Act concerning transport of emigrants and of the regulations in force in the foreign country must be given. (Act of 30 December 1921, section 21.) SPAIN.—The contract of Spanish emigrants must state whether the emigrant is illiterate or not, and whether the ticket is issued free of charge or is to be paid for. It must also contain a detailed list of the luggage which the emigrant is taking with him ; the surname, Christian name, and residence of persons who have given the emigrant the authorisation to embark in cases where this consent is necessary; the probable length of the voyage, the ports of call, and a clause to the effect t h a t the consignee shall compensate the emigrant for all inconvenience suffered through delay or interruption of the journey except in cases of force majeure, and shall repatriate the emigrant free of charge in the circumstances specified by the Act. Further, all provisions of the Emigrant Act concerning the emigrant himself must be quoted on the contract coupon. Any clause to the effect t h a t the emigrant shall agree to the omission from the contract of any stipulated condition is null and void. (Revised Text of 20 December 1924, sections 37 and 40.) SWEDEN,—If the emigrant proceeds beyond the extra-European port at which he disembarks, the means of transport used for the continuance of the journey to his final destination must be stated. If the journey to the extra-European port is not direct, the contract must indicate the intermediate 232 CONCLUSION OF THE TRANSPORT CONTRACT stations and the arrangements made to feed and house the emigrant at the places where he must break his journey. Special mention must be made of the responsibility of the agent in regard t o the luggage required by the emigrant en route and that which is stowed away in the hold for which the agent must issue a receipt. An agreement must be made between the agent and the emigrant whereby in the event of any dispute arising between them, they shall submit to the arbitration of five persons, two to be chosen by the emigrant, two to be chosen by the agent, or if he should refuse by the competent governor of the province and the fifth by the said governor. (Order of 4 June 1884, section 5, subsections 1 and 2.) SWITZERLAND.—If the journey is to be continued beyond the port of disembarkation, the cost of this additional journey must be noted in the contract, besides the costs of the journey to the port of disembarkation. The amount of insurance for persons and luggage must be included, and in addition a provision concerning the cancellation of the contract and a copy of the text of sections 15,16, 21, 22, and 23 of the Emigration Act, t h a t is to say, of the provisions concerning the obligations of the transport agent and the steps to be taken by the emigrant in the event of non-execution of the contract. (Act of 22 March 1888, section 17.) (c) CANCELLING OF CONTRACTS AND PAYMENT COMPENSATION The emigration laws in most countries provide for cases in which withdrawal from the contract involves p a r t or full repayment of the fare, sometimes even with additional compensation. The circumstances under which a contract is withdrawn m a y be divided into three groups : (1) withdrawal in cases of force majeure and fortuitous circumstances, in which, owing t o no fault on t h e p a r t of the emigrant or the transport agent, the emigrant is prevented from travelling; (2) withdrawal due t o t h e fault of t h e transport agent; and (3) withdrawal at the desire of the emigrant. (1) Withdrawal in Cases of Force Majeure and Fortuitous Circumstances There are m a n y different cases of this kind, the most frequent being t h a t of t h e serious illness or d e a t h of the emigrant, or of a n y member of his family who was t o have accompanied him or sometimes even of a member of his family who did not intend t o travel with him. The methods by which part or full repaym e n t of t h e fare must be made in such cases are more or less clearly defined. THE CONTRACT 233 The following cases m a y also be included in t h e above group : cases in which t h e emigrant fails t o pass t h e medical examination before departure and consequently through no fault of his own or on t h e p a r t of the transport agent is not permitted t o embark, a n d cases in which the departure of t h e ship is postponed for reasons outside t h e control of the transport company. Regulations concerning the latter are examined under (d) (page 238), together with other regulations concerning delay in departure. Cases concerning delay due t o fortuitous circumstances are examined under the following headings : Austria, Belgium, Czechoslovakia, Denmark, France, Germany, Greece, Lithuania, Portugal, Rumania, Spain. Generally these cases are provided for in such a way t h a t t h e agent is under an obligation t o refund either wholly or in p a r t t h e money received for t h e journey from t h e emigrant. A U S T R I A . — I f an emigrant (that is t o say, t h e holder of a ticket for steerage, third class or equivalent class) is prevented from starting on his journey or from continuing it on account of illness or similar hindrance, or if he dies, he or his heirs may claim repayment of the whole fare or of the fare for t h e uncompleted part of t h e journey. The members of a n emigrant's family travelling with him have the same right to repayment if, in consequence of his death or illness, they are unable t o start or t o continue the journey. If the inspection authorities refuse t o permit an emigrant to embark because he has not fulfilled the necessary legal conditions or because his papers are not in order, the emigrant m a y claim repayment of his fare or of the part of the fare that has already been paid t o the company. (Regulations of 27 J u n e 1921, sections 7 and 9.) BELGIUM.—The Belgian Transport of Emigrants Act of 14 December 1876, section 5, and the Order of 25 February 1924, sections 17 and 24, stipulate that an emigrant who has been prevented from travelling on account of serious or contagious illness, properly verified, is entitled t o the repayment of his fare. The fare is also repaid to members of his family who remain behind with him in all cases if they are in direct descent, and to the third degree inclusive if they are in another branch of the famliy. Minors and women less t h a n thirty years of age entrusted t o t h e care of t h e emigrant are considered to form part of his family. The repayment of the fare may be demanded if the emigrant or one of the members of his family accompanying him dies or falls ill before the departure, or is prevented from undertaking the journey for reasons beyond his control. I n case of dispute, the Government Commissioner must inform the president of t h e Inspection Committee of the Emigration Service. If the transport agent has sold a contract coupon, and if as a result of judicial decision the emigrant is prevented from travelling, the agent must, on t h e demand of t h e Government, repay to the emigrant, his creditors or persons having a claim against him all or part of the sum paid. (See also Chapter X , § 1, repayment in cases where the emigrant is not allowed to embark or is refused admission in the foreign country.) 234 CONCLUSION OF THE TRANSPORT CONTRACT CZECHOSLOVAKIA.—If an emigrant, in consequence of illness or any other unavoidable cause for which he is not responsible, is prevented from travelling, or must break his journey, or if he dies before embarkation, or during the journey, he or his heirs may claim repayment of the total fare if he has not begun the journey, or otherwise of the proportion of the fare corresponding to the part of the journey not yet made. The emigrant or his heirs are, however, obliged immediately to inform the head of the undertaking, his attorney, or his representative of their inability to undertake or to continue the journey. If, in consequence of the death of the emigrant or the impossibility of his undertaking the journey, members of his family are prevented from travelling, they have the right to demand the repayment of the fares they have paid. (Act of 15 February 1922, section 26.) DENMARK.—If an emigrant fails to pass the medical examination and, therefore, is not permitted to embark, the transport agent must return to him any money t h a t he has paid out for his journey. If in consequence of the illness of the emigrant the members of his family or other persons travelling with him decide not to make the journey, their fares must also be repaid. The agent may, however, in both cases retain any sums actually expended by him for the maintenance of the persons in question until the date of the withdrawal of the contract. (Regulations of 28 March 1870, section 30.) FRANCE.—Any emigrant who is unable to travel on account of serious or contagious illness, duly verified, is entitled to repayment of his fare and of t h a t of any members of his family who remain behind with him. (Act of 18 July 1860, section 6.) GERMANY.—According to the Act of 9 J u n e 1897, section 29, the fare must be repaid in the event of the death or illness of the emigrant or of any member of his family who was to have accompanied him, and in case of accident or of any hindrance of a similar nature. Should these contingencies arise in a trans-oceanic port and should the contract provide for the transport of the emigrant to or from a place in the interior of the country, the fare for the uncompleted part of the journey must be repaid. G R E A T BRITAIN.—If any person is unable to travel on account of sickness of himself or any member of his family, the whole of the passage money must be refunded in the case of a steerage passenger, and half in the case of a cabin passenger. ITALY.—If an emigrant is unable to travel in consequence of an illness affecting himself or a member of his family living with him or intending to travel with him, he is entitled to the return of whatever sum has already been paid by him in connection with the fares of himself and his family. A medical certificate must be produced as evidence of his illness. The same provision applies if there is any delay on the railway, in which case the railway company is obliged to transport the emigrant to the station from which he came, or to the frontier if he is a foreigner. (Act of 13 November 1919, section 33.) NETHERLANDS.—If a n emigrant, in consequence of illness duly verified, is unable to embark or to remain on board, he is entitled to repayment of his own fare and t h a t of the members of his family who remain on shore with him or are relanded. (Transport of Emigrants Act, 1861-1869, section 11.) POLAND.—The company is required to refund, without any deduction, the whole sum paid if the emigrant withdraws from the contract because THE CONTRACT 235 he has been unable to obtain a visa from the consulate of the country of immigration or of transit, or if the doctor of the shipping company finds that the emigrant is suffering from an illness making it impossible for him to travel, according to the provisions in force, or if in the interval the emigrant has received a prepaid ticket to the country of destination from the persons to whom he is going. (Model Licence for Transport Undertakings, 1925.) 1 PORTUGAL.—If on account of serious illness, duly verified by a doctor, the emigrant or any member of his family who should have accompanied him is unable to travel, or if the emigrant dies, the whole sum paid for transport must be returned to the emigrant or to his heirs, provided t h a t the company or the emigration agent has been notified within six hours before the departure. In case of the death of a member of his family (father, mother,wife, son, or daughter),even if the person did not intend to accompany him, the emigrant is entitled to withdraw from the contract, and to claim the return of half the money paid. The company or emigration agent must be notified within the same period. (Decree of 10 May 1919, section 14, and Regulations of 19 J u n e 1919, section 42.) SERB-CROAT-SLOVENE KINGDOM.—If the emigrant is not able to undertake the journey on account of an illness affecting himself or affecting some member of his family, or if he is refused at the medical examination before embarkation, he is entitled to the return of any sums already paid for the journey. (Act of 30 December 1921, section 21.) SPAIN.—In case of illness affecting either the emigrant himself or any member of his family accompanying him, it is sufficient for the persons concerned to give six hours' notice before the departure if the illness occurs in the port of embarkation, and five days' notice if the illness occurs in any other place. The emigrant is then entitled to withdraw from the contract and to recover half the fare. The regulations include as legitimate causes for withdrawal under the same conditions of repayment (a) the serious illness or death of father, mother, wife, or child of the emigrant, even though these persons are not to accompany him on the journey, provided that the date of the illness or death is subsequent to that of taking the ticket; (b) withdrawal from the labour contract, if this withdrawal is due to circumstances outside the emigrant's control (in both cases it is sufficient to give the company six hours' notice before the departure) ; and (c) all cases oí force majeure duly verified. If the emigrant is prevented from embarking because he has been refused through no fault of his own (absence of the necessary documents is regarded as the fault of the emigrant), the whole fare is returnable to him, and to the members of his family who were to have embarked with him, if they decide not to undertake the journey (children, father, mother, wife, and grandchildren). If the emigrant should die, the total fare is repayable to his executors. I n cases where only half the fare must be repaid, or if the emigrant does not give sufficient notice of withdrawal from the contract to entitle him to repayment, if the consignee of the company can sell the ticket to another person, the first holder of the ticket is entitled to repayment. (Regulation of 20 December 1924, sections 80-83.) SWEDEN.—In case of illness of such a nature t h a t the emigrant cannot commence or continue his journey without endangering his own life or the health of other passengers, he, or any member of his family who was to have accompanied him and who wishes to remain behind with him, is 1 See also Supplement I. 236 CONCLUSION OF THE TRANSPORT CONTRACT entitled to the return of the money paid for the journey, after the deduction of the sum expended by the agent for food and lodging already received at the port of embarkation. (Order of 4 June 1884, section 8.) SWITZERLAND.—If an emigrant is unable to travel or must break his journey in consequence of illness, duly verified, or for any other cause for which he is not responsible, he is entitled to repayment of his own fare and of the fares of those who remain behind with him, after deduction has been made for unavoidable expenses and outlay on the part of the agent, either in the drawing up or in the partial carrying out of the contract. A clause to this effect must be inserted in the transport contract. (Act of 22 March 1888, section 17, (6).) (2) Withdrawal Due to the Fault of the Transport Agent If the contract is withdrawn in consequence of a fault of the transport agent, the whole sum received from the emigrant must be returned. Sometimes the agent is required to pay additional compensation. In some countries cases in which a fault on the part of the transport agent may cause the withdrawal of a contract are not clearly defined; in others, the following cases are expressly mentioned : cases in which the emigrant is refused permission to embark in consequence of negligence on the part of the transport agent, or cases in which the ship does not sail on the date fixed or cannot continue the journey. The regulations concerning the latter are examined under (d), page 238). Cases in which the ship fails to sail on the appointed date, or is delayed or unable to continue the journey are examined under the following headings : France, Greece, Italy. BELGIUM.—If in consequence of a fault or negligence on the part of the emigration agent, any emigrant or any member of his family (see § 4, (c), limits of the term "family") is not permitted to embark in Europe, or is refused admission in the country of immigration, the whole of the fare must be repaid. (Order of 25 February 1924, section 17.) GREAT BRITAIN.—According to the Merchant Shipping Act of 1894, if a steerage passenger fails to obtain a passage within ten days of the stipulated date of sailing, together with subsistence money during the period of waiting, for any cause other than his own neglect or default, or a legal prohibition, summary proceedings can be taken for the recovery of his passage money and for reasonable compensation up to £10 for the loss or inconvenience which he has been caused. ITALY.—If the emigrant cannot start for reasons which can be imputed to the carrier, he is entitled to repayment of his fare in full. I n the case of emigration subsidised or assisted in any way, if the emigrant cannot embark for the above-mentioned reasons, or because of the prohibition of the competent authorities, the carrier is liable for the cost of lodging THE CONTRACT 237 and food and transport of the emigrant and his luggage from the port of embarkation to his commune, or to the frontier if he is a foreigner. This is without prejudice to the emigrant's right to compensation for any loss he may have incurred. (Act of 13 November 1919, sections 33 and 34.) SERB-CROAT-SLOVENE KINGDOM.—If an emigrant is unable to travel for reasons which can be inputed to the shipping company or its representative, he is entitled to repayment of his fare in full. This also applies if the shipping company tries to embark persons who have been rejected a t the medical examination before embarkation, or who are forbidden to embark owing to the absence of the necessary documents. (Act of 30 December 1921, section 21.) (3) Withdrawal at the Desire of the Emigrant The period within which the emigrant must notify the transport company of his change of plan and the method whereby part or full repayment of the fare shall be made vary from country to country. AUSTRIA.—An emigrant may withdraw from his transport contract even if he has prepaid his fare. The transport company must return the whole of the sum received. If the contract is broken at the time of departure or during the journey, the emigrant is entitled to the return of half the cost of the journey still to be made. (Regulations of 27 June 1921, sections 8 and 9.) CZECHOSLOVAKIA.—If an emigrant breaks a contract for any cause other than those of force majeure, as indicated above, before or during the journey, he is entitled to repayment of half the fare for t h a t part of the journey which is still to be made. If he does not embark upon the appointed date, he must forfeit half the price of transport. (Act of 15 February 1922, section 26, and Regulations of 8 June 1922, section 24, (14).) GERMANY.—If an emigrant breaks the transport contract before the beginning of the journey for any cause whatever other than those of force majeure stated above, he is entitled to repayment of half the fare. (Act of 9 June 1897, section 29.) HUNGARY.—-According to the Emigration Act of 1909, any emigrant who for any reason withdraws from the contract before embarkation is entitled to the return of his fare (section 24). ITALY.—If an emigrant breaks his contract before the departure of the ship for any reason other than those oí force majeure, he is entitled to repayment of half the passage money and the presumed cost of food and lodging for the duration of the journey. (Consolidated Text of 13 November 1919, section 33.) LITHUANIA.—If, for any reason, the emigrant wishes to withdraw from the contract before embarkation, he is entitled to repayment of his fare after deduction has been made for the part of the journey already undertaken, and of 10 per cent, of the whole sum. (Act of 18 July 1922, section 11.) 238 CONCLUSION OF THE TRANSPORT CONTRACT P O L A N D i.—If the emigrant wishes to withdraw from the contract, provided t h a t he does so a t least seven days before the date on which the ship is to sail as specified in the contract at the place where he has concluded the contract or a t the principal agency of the company in Warsaw, he is entitled to the return of the money paid, ]ess a deduction of 10 per cent. However, this deduction must not exceed 5 per cent, of the total cost of the sea journey. (Model Licence for Transport, Undertakings, 1925.) P O R T U G A L . — T h e emigrant has the right t o withdraw from the contract five days before embarkation. The agent is then obliged to return half the money paid. (Decree No. 5,624 of 10 May 1919, section 14.) RUMANIA.—The emigrant may withdraw from the contract for any reason, provided that he announces his intention at least twenty-four hours before departure. The agent must return the money paid by the emigrant, less 15 per cent. (Act of 11 April 1925, section 30.) S E R B - C R O A T - S L O V E N E KINGDOM.—The Act of 30 December 1921 stipulates t h a t an emigrant may withdraw from the contract a t his own desire up to the day of embarkation. He is entitled to the return of half his fare (section 21). SPAIN.—If an emigrant wishes to withdraw from his contract, he must notify the transport agent from whom he obtained his ticket at least five days before the date of embarkation. He is then entitled to the return of half the money paid. (Regulations of 20 December 1924, section 79.) (d) D E L A Y I N T H E E X E C U T I O N O F CONTRACTS AND I N T E R R U P T I O N OF OR F A I L U R E TO COMPLETE T H E J O U R N E Y Three different series of regulations are in force concerning cases in which t h e ship is prevented from sailing on the d a t e fixed, or is definitely unable t o continue t h e journey, or in which t h e journey is temporarily broken, b u t these regulations are sufficiently similar in character t o w a r r a n t their inclusion under t h e same heading. I n all three cases t h e non-execution of t h e contract is due t o various causes, in consequence of which the responsibility of t h e t r a n s p o r t agent or head of undertaking is more or less involved. Distinction is made between cases of force majeure, such as a blockade, a n d cases of unforeseen a n d fortuitous circumstances, such as a storm a t sea, engine trouble n o t due t o negligence, etc., and cases due t o t h e fault of t h e t r a n s p o r t agent, such as delay in preparations for departure, accidents due t o negligence, etc. I n some countries, t h e obligations of t h e t r a n s p o r t agent in these various cases are given in great detail in t h e Emigration Acts and regulations; b u t frequently 1 See Supplement I : Decree of 11 Oct. 1927. THE CONTRACT 239 t h e legal stipulations on this subject are not sufficiently definite, and disputes concerning the obligations of the transport agent in the different countries are settled according t o the decisions of the courts in similar disputes. I n view of the number of cases brought before the courts, there are invariably sample cases upon which to base decisions. I n some countries provisions concerning this question are t o be found in the maritime laws. The present paragraphs deal exclusively with the legal provisions. I n most countries no distinction is made between delay due t o an unknown cause or t o fortuitous circumstances or due to faulty equipment, and the transport agent must defray all expenses incurred. That is t o say, he is required t o fulfil all the obligations he has assumed concerning board and lodging for the emigrant from a fixed date stated in the contract, and notwithstanding any delay or interruption, he is still required t o continue t o feed and house the emigrant. I n addition, he may be called upon t o pay damages for time lost and inconvenience suffered b y the emigrant. I n cases of force majeure as specified by the Acts or defined b y the authorities, the transport agent is released from his obligations in some countries, or, at least, is not required t o p a y damages in consequence of delay or interruption. Sometimes, if the cause of delay or interruption can be imputed t o the emigrant, the transport agent is released from all obligations. Frequently, a daily subsistence allowance m a y be paid to the emigrant in lieu of board and lodging for t h e period of delay or interruption. Moreover, in some countries t h e transport agent is required, after a certain period, t o provide other means of transport or, particularly if t h e accident happens before departure, t o agree t o withdraw the transport contract and t o refund the fare, and sometimes t o p a y additional compensation or defray t h e expenses of returning the emigrant t o his home. AUSTRIA.—If the ship is detained at the port of embarkation, or even if delay arises at a railway station, in cases where the company has undertaken to arrange transport by land, the expenses incurred due to such delay shall not be defrayed by the emigrant, provided t h a t there is no fault on his part. If the ship is detained more than eight days, the emigrant has the right to cancel his contract and to claim repayment of the fare and fees paid to the company and compensation for the journey to and from the port of embarkation. If the vessel is delayed or cannot continue the journey, the company must 240 CONCLUSION OF THE TRANSPORT CONTRACT feed and house the emigrant free of charge for the period of delay, or must provide some other means for transporting the emigrant and his luggage to his final destination, according to the conditions laid down. (Regulations of 27 J u n e 1921, section 12.) BELGIUM.—The transport agent is required to transport emigrants and their belongings to their destination. This obligation still applies even if, for any reason whatever, with the exception of war or blockade, the vessel does not leave the port on the day fixed, or is unable to continue the journey. Notwithstanding any agreement to the contrary, the subsistence allowance in such cases is fixed at 8 francs 1 a day for an adult emigrant, and at 4 francs for a child between one and twelve years of age,. If the vessel puts into port, the emigrant must be fed and housed on board for the period of the delay a t the expense of the shipping company, or must be compensated for expenses incurred on shore. (Order of 25 February 1924 on the Transport of Emigrants, section 16, and Official Communication of the Belgian Government, 1927.) CHINA.—If the departure does not take place on the date fixed, the emigrants are entitled to receive compensation from the transport agent for the inconvenience suffered unless the postponement was unavoidable. (Regulations of 21 April 1918, section 12.) CZECHOSLOVAKIA.—-If the departure is postponed, the carrier is obliged to feed and house the emigrants at his own expense in the port of embarkation or a t the station where the emigrants are assembled from noon on the third day after the date of departure as fixed in the contract until the actual date of departure. If the reason for the delay cannot be imputed to the emigrant, he may demand either free board and lodging or the payment of compensation for each day of delay a t a rate to be fixed by special decree. If the delay lasts for more than a week, the emigrant has the right not only to cancel the contract, but also to claim repayment of the fare and payment of the return journey, including board, without prejudice to the compensation which he might receive. If the ship does not undertake the journey, or cannot continue the journey, or if the journey beyond the port of disembarkation guaranteed by the carrier is delayed for any reason whatever, the carrier is required to provide suitable board and lodging for the emigrant at his own expense, or to pay him a daily compensation. He must further, within the shortest possible time, secure the transport of the emigrant and his luggage t o his destination. (Act of 15 February 1922, sections 25 and 27.) DENMARK.—In event of the departure being postponed, emigrants must be fed and housed on board or on land a t the expense of the transport agent; they may, in agreement with the agent, receive a daily sum of money, the amount of which must be specified in the contract. If the departure is postponed for more than eight days after the day fixed in the contract, the emigrant may, if he wishes, cancel the contract and claim the return of the fare paid, after deduction of the amount expended on his board and lodging during the eight days. If, in consequence of an accident, or for any other reason, the ship is delayed on the journey, the passengers must be fed and housed on board at the cost of the transport agent or must receive compensation to an equal value for the whole period of the delay. Danish consuls are required t o assist emigrants in any case where the above conditions are not observed. If the ship is delayed for more than four weeks and the transport agent One Belgian iranc = approximately 1-ad. t THE CONTRACT 241 or his representative has not made arrangements to transport the emigrants by some other means, the Danish consul shall, at the expense of the transport agent, charter another ship to enable the emigrants to reach their destination under suitable conditions. (Regulation of 28 March 1870, sections 46 and 49-53.) FRANCE.—If the ship does not leave the port a t the date fixed by the contract, the agency must pay daily compensation to each emigrant. If the delay exceeds 10 days (except in cases of force majeure, accepted as such by the emigration officer of the port) and if in the interval the agency has not arranged to transport the emigrants by another ship under the conditions stated in the contract, the emigrant has the right to withdraw from the contract, without prejudice to any compensation t h a t may be due to him ; however, if the delay is due to force majeure, the emigrant has only the right to board and lodging either on board or on land a t the expense of the agency. If, during the journey, the ship puts into port or is forced to put into port, emigrants must be fed and housed on board at the expense of the shipping company, or must receive compensation for expenses incurred on land. If the ship is wrecked, or any other accident should happen at sea, the agency is required to defray the expenses of transporting the emigrant to his destination as fixed in the contract. (Act of 18 July 1860, sections 7 and 8.) GERMANY.—Should there be any delay in the departure, for which the emigrant is not responsible, or a break in the continuation of the voyage, the transport agent is obliged to provide suitable food and lodging for the emigrant without increase in the price. If the delay exceeds a week, the emigrant has the right to claim the repayment of his travelling expenses and the payment of compensation for the loss incurred by him as a result of this delay. (Act of 9 June 1897, sections 27 and 28.) GREAT BRITAIN.—According to the Merchant Shipping Act, 18941906, if any ship fails to put to sea at the time indicated on the contract ticket, the shipowner, charterer or master of the ship must pay subsistence money to every steerage passenger at the rate of Is. 6d. per day for the first 10 days and 3s. per day for every subsequent day (section 329). If any steerage passenger, through no negligence or fault on his part, finds himself a t a port outside the British Isles other than t h a t to which the ship was originally bound, or at which he had contracted to land, the governor (in the case of a British possession) or the British consular officer there, shall forward the passenger to his intended destination, unless the master of the ship, within forty-eight hours of the arrival of the passenger, undertakes to forward or transport the passenger within six weeks to his original destination. A passenger so forwarded shall not be entitled to the return of his passage money or t o any compensation for loss of passage (sections 328 and 333). If a ship has been wrecked or rendered unfit to proceed on her journey, and any steerage passengers have been brought back to the British Isles, the master, charterer, or owner of the ship in question must submit a written undertaking to the nearest emigration officer that the passengers will be forwarded to their destination within six weeks either in t h a t ship or in some other eligible ship. The shipowner, charterer, or master of the ship must also provide for the maintenance of the steerage passengers during this time, either lodging them on board or paying them or the emigration officer (if they are lodged in a Government establishment) a t the rate of Is. 6d. per day : if they are not forwarded within six weeks, the passage money may be recovered (section 331). GREECE.—Tickets, whether issued provisionally or otherwise, and likewise every declaration, agreement, or simple receipt must contain a precise statement as to the day on which or within what period (which must 17 9 242 CONCLUSION OF THE TRANSPORT CONTRACT in no case be longer than eight days) the departure of the passenger is t o take place, on board which vessel he is to travel, and from which port he is to start. If the departure does not take place within the period specified, the emigration agent must pay the emigrant the sum of 10 drachmas 1 daily to the date of departure. This sum is payable to the passenger for a fortnight from the end of the period specified on the ticket. The passenger has the right to renounce the contract a t any time during the period of delay, and in such event the fare which he has paid in advance is returned to him. At the end of the period of a fortnight referred to above, or when the journey is definitely postponed for any reason, the agent must, in addition; to paying the sums already mentioned, repay to the passenger his expenses from his home to the port of embarkation and also his expenses home again, even if the passenger does not return home immediately. These different sums are paid to the passenger on presentation of a statement drawn up by himself and examined by the competent director of the emigration office. In the event of refusal on the part of the agent, the necessary documents, accompanied by a report, are sent t o the proper Department of the Ministry of the Interior, which, without further formality, orders the payment to be made from the deposit made by the responsible agent. If the voyage is postponed as a result of force majeure, the emigration agent has the right to denounce the contract within the fortnight's grace allowed on paying to the emigrant the above-mentioned compensation for the period already elapsed and his travelling expenses from and to his home» and on repaying him the cost of the sea journey. (Act of 24 July 1920 r section 22.) HUNGARY.—In event of postponement of the departure through no fault of the emigrant, the transport agent must feed and house the latter free of charge, and must make arrangements for the transport of the emigrant to his destination as soon as possible. (Emigration Act of 1909, section 23.) ITALY.—Any emigrant holding a third-class ticket is to be boarded and lodged a t the expense of the carrier from noon of the day preceding that indicated on the ticket as the date of the sailing to the date on which the vessel sails, whatever may be the cause of delay in sailing. An emigrant holding a third-class ticket who has been informed of a delay in sailing (after he has been supplied with a ticket) before he leaves his home is entitled to an allowance of 2 lire a day. If the delay exceeds ten days the emigrant concerned may break his contract and recover the fare which he has paid, without prejudice to any compensation that may be due to him. If the vessel stops at any intermediate port, emigrants holding third-class tickets must be fed and housed at the expense of the carrier, but ordinary passengers must provide for themselves. If the ship is unable to continue the journey or if it is forced to remain in port for more than fifteen days, the carrier must send another ship to transport the emigrants to their destination. If he does not do so, the Ministry of Foreign Affairs, after consulting the emigration council, shall draw upon the deposit paid by the carrier in order to charter another ship. (Consolidated Text of 13 November 1919, section 34, and Manuale per Vinstruzioni degli emigrante, 1925, page 111.) JAPAN.—The recruiter of emigrants is required to fix and announce the date of departure of emigrants recruited collectively ; and in the case of avoidable postponement, he must defray all the expenses incurred by the recruited One drachma = approximately 07d. THE CONTRACT emigrants as a result of the postponement. consolidated in 1907, section XV, (1).) 243 (Emigrants Protection Act, LITHUANIA.—If, through no fault of the emigrant, the departure is postponed or he is forced to break his journey, the transport agent must, a t his own expense, provide board and lodging for the emigrant during the whole period of the delay, and must dispose of his luggage and make all necessary arrangements to forward the emigrant to his original destination as quickly as possible. If the departure is postponed for more than fourteen days, and no responsibility can be laid upon the emigrant, he is entitled to withdraw from his contract and to recover the full amount that he has paid. (Act of 18 July 1922, sections 9 (d) and 11.) NETHERLANDS.—The transport agent must feed and house the emigrants that he has undertaken to transport. He is under this obligation from the day fixed for the departure until forty-eight hours after the arrival of the emigrants a t their destination. If the ship does not sail or if the voyage is interrupted, the agent must provide food and lodging for the emigrants and must arrange for their transport by another ship. He is released from this obligation if the departure was postponed or the journey interrupted as a result of force majeure (with the exception of accidents a t sea). (Transport of Emigrants Act oft1861-1869, sections 10-12.) NORWAY.—Should an accident happen on the journey, the emigration agent is required to feed and house the emigrant, and to arrange for his transport by some other means if the ship is unfit to continue the journey; no additional charge may be made. (Act of 22 May 1869, section 6.) POLAND.—See Supplement I. PORTUGAL.—Shipping companies must feed and house emigrants a t the port of embarkation from the day fixed for sailing to the actual day of departure, or if the ship cannot sail on account of faulty equipment or any other circumstances outside the control of the emigrants, they must pay a daily sum of 1.80 duros to each emigrant or must arrange for them to continue their journey on another ship. The emigrant has the right to demand the return of His fare and to be sent back to his home at the expense of the company. However, if the emigrant has been recruited by an agent and has made a contract with him, the recruiter is obliged to fulfil the above obligation, and this must be stated in the contract. If the journey is interrupted or the emigrant is forced to disembark, he must be fed and housed a t the expense of the transport company; this obligation must be fulfilled by the emigration agent in cases of emigrants who have been recruited. (Decree of 10 May 1919, sections 12 and 15, and Regulations of 19 J u n e 1919, section 68.) RUMANIA.—The transport agent is required to feed and house the emigrant from the day fixed for the departure and during the whole journey to the final destination. This also applies for the whole period of any delay on the journey due to reasons for which the emigrant is in no way responsible. If the ship is detained more than ten days after the date of departure as fixed in the contract, the emigrant is entitled to withdraw from the contract and to recover the whole amount paid out, together with damages as fixed by the authorities (this does not apply in cases of force majeure). (Act of 11 April 1925, sections 27 and 29.) SERB-CROAT-SLOVENE KINGDOM.—If the ship does not sail on the date fixed, the shipping company has to provide the emigrant with food and lodging during the period of the delay. If the delay exceeds one week, 244 CONCLUSION OF THE TRANSPORT CONTRACT the emigrant has the right to cancel the contract at the expense of the shipping company, or to demand an indemnity of 50 dinars 1 for every day's delay. The shipping company is liable for all expenses exceeding those stated in the contract that may be incurred on the sea journey in consequence of bad weather or official orders or for any reason due to force majeure. (Act of 30 December 1921, section 21.) SPAIN.—In the event of the departure being postponed for no reason that can be imputed to the emigrant, the agent must pay every emigrant who does not live in the district 4 pesetas for every day during which the ship is detained 8 . This does not apply if the agent has informed the emigrants by registered letter of the probable delay within ten days before the date of departure. In cases of force majeure, accepted as such by the inspector on board, any indemnities paid to the emigrants may be drawn from the Emigration Fund. Further, the agent is not obliged to pay compensation if the delay occurs after the embarkation of the emigrants, provided he feeds them a t his own expense until the hour of departure. I n the event of the delay lasting for a longer period t h a n fourteen days, the emigrant may withdraw from the contract, and shall be entitled to the repayment of the moneys paid by him or, in case of a free passage, to the payment of the expenses of his journey home. If the departure of a ship is postponed, the agent may be required or authorised (if he asks for it himself) by the emigration inspector to arrange for the transport of the emigrants by another ship complying with the same requirements as the first one if this second ship is to sail within fourteen days of the date fixed for the original departure. Emigrants who do not agree to travel under these conditions are not entitled to compensation, but if the departure of the second ship takes place more than fourteen days later the emigrants are entitled to withdraw from the contract. If the emigrant is prevented from embarking on account of delay on the railway t h a t is not the result of force majeure, the railway company is obliged to send the emigrant and his luggage free of charge back to the station from which he came or t o pay him 4 pesetas a day until he is able t o embark. This sum is only payable for fourteen days. (Consolidated Text of 20 December 1924, sections 41-45, and Regulations of the same date, sections 84-86.) SWEDEN.—If the departure is postponed for any reason for which the emigrant is not responsible, the transport agent must feed and house the emigrant satisfactorily, unless the emigrant agrees, to accept compensation in money. I n this case the amount of compensation must be stated in the contract. If the journey is interrupted, the transport agent must feed and house the emigrant; otherwise the nearest Swedish consul must do so. If the period of delay exceeds four weeks, the consul must make the necessary arrangements to forward the emigrant to his destination by a suitable ship. If it is necessary to break the jourriey, he must arrange for transhipment in a port where there is a Swedish consul. If the emigrant chooses to return to his home, the consul must make the necessary arrangements. Any expenses incurred by the consul are t o be met from the deposit paid by the transport agent. (Order of 4 June 1884, sections 7, 9, and 10.) SWITZERLAND.—According to the Act of 22 March 1888, section 15, (7), (e), the emigration agent is required to feed and house the emigrant in all cases of delay or interruption of the journey, provided t h a t there is no fault on the part of the emigrant. In cases where the means of transport 1 2 One dinar = approximately 0 -9c!. One peseta = approximately 8èd. VARIOUS ADDITIONAL REGULATIONS 245 stated in the contract are not available, arrangements must immediately be made to forward the emigrant by other means of transport conforming to the conditions of the contract. § 4.—Various A d d i t i o n a l R e g u l a t i o n s Various restrictions are in force t o limit and control the activity of transport undertakings and t o protect the emigrants who pass through their hands from being exploited by them. The following eases are examined : (a) Propaganda and publicity; (b) Banking operations ; (c) Transport of persons whose emigration is forbidden ; (d) Inspection of books and registers; (e) Arbitration, etc., concerning t r a n s p o r t ; (f) Publication of provisions concerning emigration. (a) P R O H I B I T I O N OF PROPAGANDA I N F A V O U R OF EMIGRATION Propaganda is prohibited in various ways—for example : no propaganda in favour of emigration is allowed; one person may not both recruit and transport emigrants; it is forbidden t o undertake t o supply a n y foreign country with workers or settlers; no travellers may be employed ; emigration companies may only publish certain specified information (the routes t o be followed, names of ships, ports of embarkation, price, etc.); handbills and prospectuses must be submitted t o inspection by the authorities before being distributed, and they must only be sent t o persons who ask for information. AUSTRIA.—Transport undertakings are forbidden to recruit emigrants in Austria. They may not employ travellers or runners (Wandernden Agenten und Zutreibet), or establish unauthorised offices. I t is forbidden to solicit business from any person either directly or by means of an intermediary, or to give money to any passenger in consideration of his inducing others to emigrate. Transport undertakings are authorised only to publish the addresses of their agencies and ticket offices, the routes followed by their ships, and information concerning the equipment of their ships and conditions of transport. This information may only be given publicly (advertisements in papers, notices, etc.) and must only be sent to persons who ask for it. (Regulations of 27 J u n e 1921, section 6.) CZECHOSLOVAKIA.—Transport agencies are only allowed to state in their advertisements their office address, the name of the ship, and the route and conditions of transport. They are not allowed to distribute prospectuses to persons who do not ask for them, nor to enter into relations 246 CONCLUSION OF THE TRANSPORT CONTRACT on the subject of emigration with third parties who, for the purpose of propaganda, undertake paid work for them. (Act of 15 February 1922, section 19.) GREAT BRITAIN.—By the Merchant Shipping Act, 1906, section 24, any person who, by any false representation, induces, or attempts to induce, any person to emigrate, or to engage a steerage passage in any ship, shall be liable to a fine not exceeding £50, or to imprisonment with or without hard labour for a period not exceeding three months. Colonies : Hongkong.—The Asiatic Emigration Ordinance, 1915, section 53, stipulates t h a t every person who unlawfully, either by force or fraud, takes away, or detains against his will, any person with intent to put him on board any emigrant ship, shall be guilty of felony, and liable to imprisonment for a term not exceeding seven years. If it appears to the Secretary for Chinese Affairs, or the Emigration Officer, t h a t any emigrant who is unwilling to leave port has been taken on board by fraud, violence, or other unlawful means, he shall land the emigrant, and procure him a passage back to his native place, and all expenses involved shall be recoverable from the passage broker of the vessel in which the emigrant was shipped or intended to be shipped (section 41). Windward Islands.—The laws of St. Lucia and St. Vincent provide t h a t any person who, personally or by means of an intermediary, shall write, print, publish, or circulate any written or printed notification which, in the opinion of the magistrate before whom he is charged, conveys any inducement to any labourer to proceed to a notified place, shall be liable to a fine not exceeding £50 in respect of each such offence. (St. Lucia : Emigrants Protection Ordinance, 1916, section 9, (1) (g) ; St. Vincent : Emigrants Protection Ordinance, 1924, section 9, (1) (g).) GREECE.—All emigration agencies, their representatives, or their employees are forbidden to carry on propaganda in favour of emigration by means of publications, circulars, etc., or the giving of information. They are also forbidden to publish or to put into circulation, by any means whatever, information of this kind. Circulars and bills issued by emigration agents must mention nothing but the name and tonnage of the ship, the date of departure, the names of the different ports and length of time to be spent there, the duration of the journey, and the restrictions on emigration in force in the oversea countries. (Act of 24 July 1920, section 21.) HUNGARY.—According to the Emigration Act of 1909, section 15, the transport agent, his representatives, and employees are forbidden to publish or to send to anyone notices, appeals, or handbills on emigration. Publications must be confined to information as to route, food, and transport. This information must not be sent or given verbally direct to the emigrant except a t the express request of the latter. ITALY.—Carriers must keep a collection of all printed matter, circulars, communications and publications issued by them or their representatives. I t is also a punishable offence under the Italian Penal Code (section 416) to engage in propaganda in favour of emigration by means of circulars, guides, and publications of all kinds. I t is also a punishable offence to induce an emigrant to go to a country other than t h a t to which he intended to emigrate by means of false representation or to accept money in consideration of so doing. (Quoted by the Emigration Act of 1919, section 14.) LITHUANIA.—Emigration undertakings and their representatives are forbidden to encourage Lithuanian nationals to emigrate, by means of publications or otherwise. These undertakings are also forbidden to advertise themselves in any way likely to encourage nationals to emigrate. VARIOUS ADDITIONAL REGULATIONS 247 Circulars must only indicate the title of the company, the route to be followed, and the price of rail and boat tickets. (Act of 18 July 1922, sections 14 and 15.) NORWAY.—Transport agents and sub-agents are forbidden to encourage emigration by means of false information on the situation in foreign countries. They are also forbidden to offer their services in an officious manner. (Regulations of 18 December 1899, section 3.) P O L A N D l .—Shipping companies and their employees are forbidden to engage in any propaganda in favour of emigration, either directly or by means of a third party. Under this restriction, it is forbidden to give any information other than that concerning the conditions of the journey to the country of immigration. (Model Licence for Transport Undertakings, 1925, section 4.) PORTUGAL.—Under the Decree of 10 May 1919, section 10, all public encouragement of emigration and all propaganda in favour of individual or collective recruiting of emigrants is forbidden. Infringement of, this Decree is punishable even if the propaganda is unsuccessful. Under the Emigration Regulations of 19 June 1919, section 78, emigration agents are only authorised to publish conditions of contracts and guarantees and the place of destination. RUMANIA.—Transport companies or their representatives are forbidden to send to anyone, or to post up, any information other than t h a t concerning the route followed by their ships and conditions of transport and accommodation, and food for the journey. All propaganda in favour of emigration is strictly forbidden and punished. If false information is given, the licence of the transport company may be withdrawn, and a t least the agency giving the false information may be closed. (Act of 11 April 1925, sections 23 and 44.) S E R B - C R O A T - S L O V E N E KINGDOM.—The recruiting of emigrants, especially by means of false information, etc., is strictly forbidden. Representatives of shipping companies may not give any information except such as concerns the transport itself. Emigrants must not be recruited by representatives travelling in the country, and any activity of this kind is subject to severe punishment. (Act of 30 December 1921, sections 23 and 24.) SPAIN.—Recruiting and propaganda in favour of emigration are forbidden. The bills and circulars of shipowners and charterers concerning the transport of emigrants must not mention anything besides the dates of arrival and departure of the ships at ports of embarkation and destination, and intermediate ports and transport conditions. Emigration agencies properly speaking are altogether forbidden on Spanish soil. Shipowners must send to the local emigration inspector two copies of every prospectus, bill, or other printed matter which they publish concerning their operations. The inspector returns one of them t o the shipowner signed and stamped. The latter must place this copy a t the disposal of the inspectors a t any time. All copies circulated must be in accordance with the approved copy. (Consolidated Text, 20 December 1924, section 34, and Regulations of the same date, sections 46 to 51.) SWITZERLAND.—The Federal Council has the right to prohibit i See Supplement I : Decree of 11 Oct. 1927. 248 CONCLUSION OF THE TRANSPORT CONTRACT announcements in public journals or any other publications which might lead astray persons desirous of emigrating. Agents and sub-agents are forbidden to induce persons to emigrate or to try to do business connected with emigration by going up and down the country. The Federal Law also forbids emigration or colonisation agencies t o conclude contracts by which they undertake to send a definite number of persons either to a transport undertaking or a colonisation or any other kind of enterprise, or to a foreign Government. (Regulations of 10 July 1888, sections 12, 14, and 24.) (b) REGULATIONS CONCERNING BANKING OPERATIONS In many countries transport undertakings are forbidden to advance any money to emigrants. Sometimes they are forbidden to undertake any exchange operations. In special circumstances, and under strict supervision, they are sometimes permitted or required to change money for the convenience of emigrants (payment of tickets, etc.). AUSTRIA.—Emigrants may change money a t hostels belonging t o transport companies, but a record must be kept of all moneys so exchanged. If the cost of transport is stated in the contract in foreign money, the emigrant has the right to pay for his ticket in the money stated in the contract a t the exchange rate of the day, or in Austrian money, as he chooses. If the cost of transport is stated in Austrian currency, the emigrant may pay an equivalent sum in foreign money, or even a fraction of t h a t sum; but if the contract is withdrawn, all repayments are made in t h e currency in which the cost of transport is stated. However, if the price is stated in foreign currency, and repayment is made in Austria, the company may make such repayment in Austrian currency a t the rate of exchange of the day. (Regulations of 27 June 1921, sections 21 and 8.) CZECHOSLOVAKIA. — Carriers, their representatives, and their employees are forbidden to engage in the business of purchase, exchange, or credit, with emigrants or with members of their family, either directly or by means of a third person. Carriers are also forbidden to advance any money to emigrants in the form of a loan. (Act of 15 February 1922, section 23.) HUNGARY.—The Emigration Act of 1909 forbids transport agents to advance any money to emigrants (section 23). JAPAN.—Moneylenders or bankers may not advance money t o an emigrant for his passage or for any other expenses connected with his departure unless they have previously obtained the approval of the authorities of the district in which they carry on their activities. When applying for this approval, they must state the rate of interest, the method by which payment is to be made, and other conditions of the loan. Moneylenders must keep proper books of accounts, and must allow them to be inspected by the authorities. (Emigrants Protection Act, section X X , (8), and Regulations concerning the application of the said Act, sections LI and LII.) LITHUANIA.—Emigration undertakings are forbidden to forward or VARIOUS ADDITIONAL. REGULATIONS 249 to change money or to undertake any business not mentioned in the Emigration Act of 18 J u l y 1922 (section 16 of the above Act). RUMANIA.—Transport undertakings or agencies are forbidden t o engage in exchange operations. (Act of 11 April 1925, section 23.) SERB- CROAT- SLOVENE KINGDOM .—Under the Act of 30 December 1921, section 23, emigration agencies are strictly forbidden to engage in exchange operations. All business of this nature concerning emigrants is put in the hands of emigration inspectors by the Regulations of application of 30 July 1923. SWITZERLAND.—According t o the Act of 22 March 1888, agencies with whom emigrants have deposited any money must make arrangements whereby the emigrant may receive the exact value of his deposit without any deduction and in cash a t the rate of exchange current when t h e deposit was made in Switzerland. Normally payments must be made on a basis of t h e rates of exchange current in the chief European exchanges (section 14). (c) P R O H I B I T I O N OF THE TRANSPORT OF P E R S O N S WHOSE EMIGRATION OR IMMIGRATION I S P R O H I B I T E D These restrictions have been drawn u p in order t o combat clandestine emigration. Transport companies are held responsible for any irregularity concerning emigrants transported. I t is therefore t o their interest t o satisfy themselves t h a t there is no reason why an emigrant should not be allowed either t o leave his own country or t o enter t h e foreign country, a n d t h a t he has fulfilled all necessary legal conditions. Consequently, the position of the emigrant is made doubly sure, since he must pass the inspection of t h e authorities and of the transport company. I n some countries special regulations are in force concerning emigration t o t h e United States. FRENCH MANDATED TERRITORY : Syria and Lebanon.— Licensed shipping companies must only issue tickets t o t h e emigrant himself upon presentation of his passport. (Order No. 2975 of 4 December 1924.) AUSTRALIA.—The Emigration Act of 1910, sections 10 and 11, stipulates that the master, owner, or agent of a vessel who has reason to suspect t h a t a n y passenger is a prohibited emigrant must, before the departure of the vessel, give notice to the customs authorities or other competent officers. AUSTRIA.—The Regulations of 27 June 1921 concerning transport companies state t h a t these companies m a y not agree t o transport Austrian emigrants who, according to Austrian laws, are under certain obligations, unless they have previously ascertained from the Government that all the legal provisions concerning t h e fulfilment of these obligations have been observed. They are forbidden to transport Austrian emigrants who are not in 250 CONCLUSION OF THE TRANSPORT CONTRACT possession of passports or other necessary documents, or those whose immigration is forbidden by the legislation of the foreign country. Such persons are entitled to the return of the fare paid in advance (section 7). CZECHOSLOVAKIA.—Carriers are forbidden to transport Czeehoslovakian emigrants who are not in possession of a duly certified emigrant's passport for the country to which they wish to go, or to transport persons whom they know are prohibited from emigrating under the provisions of the Act. (Act of 15 February 1922, section 20.) D O M I N I C A N R E P U B L I C — U n d e r the Decree of 12 January 1923, it is forbidden to sell a ticket to or to arrange for the transport of any foreign worker who has come to the Republic for seasonal work (sugar plantations, etc.) before he has finished the work for which he has come. Under the same Decree it is forbidden to recruit such workers or to arrange for their departure before the termination of their contract. F R A N C E : Colonies.—Natives are not permitted t o embark without a special authorisation from the Governor. Any master of a ship or charterer is forbidden to transport any native either to a French possession or to a foreign country who has not obtained an emigration permit. The master of a ship is required to satisfy himself t h a t natives so embarked are landed at the destination stated on the permit. (Congo : Decree of 2 July 1901 ; Ivory Coast : Decree of 25 October 1901 ; Somali Coast : Order of 6 September 1920; Dahomey : Decree of 14 October 1902; Madagascar : Decree of 6 May 1903; Senegal : Decree of 17 June 1895.) G R E A T B R I T A I N : Colonies : Gambia.—Under the terms of the Native Labour (Foreign Service) Ordinance, 1913 (sections 19 and 21), the master of a ship shall be guilty of an offence if there is found on board any deck passenger * or member of the crew, being a native of West Africa, who has embarked at any port within the colony, or in any other British colony or protectorate, without the certificate required by the law of the colony or protectorate. Hongkong.—The Asiatic Emigration Ordinance, 1915 (section 17), stipulates t h a t emigrant ships shall not carry any emigrants except free emigrants (that is, emigrants not under any contract of service whatsoever). Jamaica.—The Emigrants Protection Law, 1924 (section 15, (1)), stipulates t h a t the master of any ship bound for any port in an approved place shall not receive or have on board as a passenger any person who is not furnished with a permit to emigrate to such a place. Nigeria.—The Native Labour (Foreign Service) Ordinance, 1916, section 20, declares t h a t it shall be the duty of the master of a ship, before permitting any native to embark a t any port or place in Nigeria as a deck passenger, to satisfy himself that such native, if he is an assisted emigrant or a person leaving Nigeria under contract to serve as a labourer outside Nigeria, is the holder of a certificate and has entered into a contract in accordance with the provisions of the law. Windward Islands.—The laws of St. Lucia and St. Vincent stipulate that any shipping agent who books or receives any passenger to a notified place without the passenger having first produced and left with him a permit authorising him to leave the colony, shall be guilty of an offence and liable to a fine not exceeding £20. (St. Lucia : Emigrants Protection Ordinance, 1916, section 11 ; St. Vincent : Emigrants Protection Ordinance, 1924, section 11.) 1 The expression "deck passenger" should be taken to mean a native labourer under contract for service outside the British Dominions or any British territory. VARIOUS ADDITIONAL REGULATIONS 251 GREECE.—The emigration agent may require any passenger to supply him with all the necessary information to prove t h a t he has fulfilled all the legal conditions required by the country of immigration. Charterers or agents are forbidden to sell tickets for abroad to any Greek subject who is not in possession of a passport whatever his age or sex. (Act of 24 July 1920, sections 18 and 20.) HAITI.—Any master of a ship who receives on board any emigrant not in possession of the special passport that is necessary is liable to a heavy fine. Any fines or penalties incurred by the master of a ship are recoverable jointly and severally from the agent or the shipping company or the proprietor, charterer, or the consignee of the ships. These ships may be distrained and prohibited from sailing until judgment has been delivered. (Act of 28 February 1924, section 14, and Act of 16 April 1924, section 3.) HUNGARY.—Under the Emigration Act of 1909, section 21, it is forbidden to conclude a transport contract with any person who is not in possession of a passport. ITALY.—It is forbidden to book a passage for any emigrant who is not in possession of a passport. (Act of 13 November 1919, section 25.) L I T H U A N I A . — I t is forbidden to conclude a contract with any person who does not possess a passport visaed for abroad or has not obtained permission to leave the country from the Ministry of the Interior. (Act of 18 July 1922, section 7.) MEXICO.—The master of a ship is forbidden to transport any sailor or passenger unless he has satisfied himself that all the provisions of the Migration Acts concerning emigrants have been fulfilled. (Act of 12 March 1926, section 74.) NORWAY.—Before engaging in any business concerning emigration, a transport agent is required to satisfy himself that the person in question is not prevented from leaving the country owing to military service ; is not under arrest, has paid all his taxes, and has properly provided for his family. The transport agent is required to assist the emigrant in the fulfilment of his legal obligations, and if he should suspect any irregularity he must inform the police. (Regulation of 18 December 1899, section 7.) P O L A N D K—-Licensed companies must undertake not to transport any Polish emigrant unless he is in possession of the documents for the journey issued by the Polish authorities ; they may only sell boat tickets to emigrants conforming to the conditions in force in the country of destination. If the company does not observe this restriction, it must return the price of the ticket to the emigrant who is refused admission and must pay a fine to the Polish treasury of 100 to 5,000 zloty 2 , unless legal proceedings have already been taken in the country of destination. (Model Licence for Transport Undertakings, 1925, sections 11 and 12.). P O R T U G A L . — B o a t tickets for the United States may only be sold upon presentation of a passport and a certificate authorising embarkation and indicating the number corresponding to the inscription and the date of embarkation. This certificate is issued by emigration inspectors a t Lisbon, Oporto, or the competent authorities in the insular ports. (Decree No. 11658 of 11 May 1926.) !See Supplement I : Decree of 11 Oct. 1927. 1 One zloty = approximately 5Jd. 252 CONCLUSION OF THE TRANSPORT CONTRACT Colonies.—The master of any ship licensed to transport native emigrants is forbidden to receive such natives on board without a list of the names and destination of the emigrants drawn up by the maritime authorities. He must satisfy himself that all legal conditions concerning emigration have been fulfilled by such natives, and must sign a receipt for the natives entrusted to him and from that moment he is responsible to the Curator for the treatment of the natives on the journey and their safe arrival at the port of destination. The master of a ship may refuse to transport any native who, in the opinion of the medical officer on board, is suffering from any disease or is incapable of working. (Decree of 14 October 1914, section 144.) RUMANIA.—Under the Act of 11 April 1925, section 15, agents and heads of transport undertakings must before departure make careful enquiry into the legal position of any emigrant they have undertaken t o transport. I t is strictly forbidden to transport any Rumanian citizen who is in possession of a passport issued by any foreign State. S E R B - C R O A T - S L O V E N E KINGDOM.—Licensed transport undertakings may not sell tickets to any person who is not in possession of all the documents required by emigrants. (Act of 30 December 1921, section 17.) SPAIN.—Before issuing any ticket, the transport agent must satisfy himself t h a t the emigrant is in possession of all documents and permits necessary to enable him to emigrate according to the provisions in force. The number of the emigrant's identity card must be noted on the back of the ticket. Any agent licensed to transport emigrants who shall conclude a transport contract with any person who, to his knowledge, is forbidden to emigrate under the Emigration Act is liable to penalties under the Penal Code according to the degree to which he is involved. Under Spanish Emigration Acts prohibiting "recruiting, shipowners, charterers, or consignees are forbidden to enter any emigrant in their books as a "voluntary emigrant" who is in possession of a ticket paid for by a Government, by a company, or by a private person in the foreign country or by agencies for the recruiting of labour established in Spain. (Consolidated Text of 20 December 1924, sections 54 and 57, and Decree of 20 January 1925, section 15.) SWITZERLAND.—Under the Act of 22 March 1888 agents are forbidden to undertake the transport of any persons whose emigration is not authorised (section 11). (d) INSPECTION OF B O O K S AND DOCUMENTS I n m o s t c o u n t r i e s t h e b o o k s a n d d o c u m e n t s of t r a n s p o r t u n d e r t a k i n g s a r e i n s p e c t e d a t s t a t e d i n t e r v a l s b y specially a p p o i n t e d officials or m u s t b e p r o d u c e d u p o n d e m a n d of s u c h officials a t a n y t i m e . I n o r d e r t h a t s u c h s u p e r v i s i o n m a y b e m a d e m o r e effective, s o m e c o u n t r i e s r e q u i r e t h a t all b o o k s a n d c o r r e s p o n d e n c e of t r a n s p o r t u n d e r t a k i n g s c o v e r i n g a c e r t a i n p e r i o d shall b e k e p t VARIOUS ADDITIONAL REGULATIONS 253 (if t h i s is n o t r e q u i r e d of all firms) a n d t h a t all t i c k e t s shall b e provided with counterfoils. Copies of all d o c u m e n t s d r a w n u p b y t h e u n d e r t a k i n g m u s t b e e n t e r e d in b o o k s s p e c i a l l y k e p t for t h e p u r p o s e . AUSTRIA.—All books and correspondence must be kept for five years. The Austrian authorities have the right to inspect them a t any time and to demand any further information concerning the management of the business. Companies must make a yearly return of all Austrian passengers transported ; they must be prepared a t any time to give all information required concerning such passengers and must keep a list of their names, nationalities, addresses, the class by which they travelled, place of embarkation and disembarkation, and final destination. (Regulations of 27 June 1921, sections 15 and 16.) BELGIUM.—Transport contracts used as coupons must be numbered and provided with counterfoils. Upon the demand of a Government Commissioner or any member of the Inspection Committee, heads or employees of transport companies must produce these counterfoils and any temporary agreement for which they have issued a contract coupon. (Order of 25 February 1924, section 22.) CZECHOSLOVAKIA.—Carriers and their representatives must keep books in which an accurate report of the business affairs concerning the transport of emigrants is entered. All books and correspondence must be kept for a period of five years. The Minister of Social Welfare may, at any time, limit the activity of the carrier, his representative, or his employee. He may also demand information and inspect their books and commercial correspondence, and has the right to make a copy of any document. (Act of 15 February 1922, section 18.) GREECE.—In order to permit of the supervision of the departure of emigrants and fees payable by them, shipowners and shipping agents must every month submit a list of the names of persons to whom they have sold tickets. Distinction must be made between emigrants and other passengers and foreigners (that is to say, persons in possession of a foreign passport). Emigration agencies must submit to the Ministry of the Interior a copy of the declaration presented to the Immigration Office on Ellis Island by the master of any ship sailing from Greece to America. This declaration must be endorsed bv the Consul-General for Greece in New York. (Act of 24 July 1920, sections 19 and 20.) HUNGARY.—Heads and representatives of transport undertakings and offices established in Hungary must keep a record of their business in official books that must be held open to inspection upon demand of the authorities. The authorities have the right to make a copy of any item entered in such books. (Emigration Act of 1909, section 19.) LITHUANIA.—All the correspondence of emigration undertakings must be in Lithuanian. However, another language may be used simultaneously with Lithuanian. The Minister of the Interior is authorised to limi¿ the activity of emigration undertakings and to supervise t h a t of their agencies. (Act of 18 July 1922, sections 19 and 20.) POLAND a n d the P O R T OF DANZIG.—The Emigration Office and its officials have the right to inspect all documents connected with agencies 254 CONCLUSION OF THE TRANSPORT CONTRACT of the company in Poland or Danzig, and to examine copies of transport contracts which must be kept in the agencies. (Model Licence for Transport Undertakings, 1925, section 5.) PORTUGAL.—Agents and consignees of shipping companies must hold all books and other documents concerning emigration open to the inspection of State officials and supply any further information demanded by these officials. Passage and passport agents must (a) keep a record of all persons to whom tickets have been sold, or for whom passports have been obtained, and any relative information; this record must be kept in specially numbered books, signed by the Commissioner-General of the Emigration Department; (b) give officiais of the Emigration Department every facility for checking these books and supply any further information required. (Regulations of 19 June 1919, sections 66 and 82.) RUMANIA.—Heads and representatives of transport agencies are obliged to keep an accurate record of their business in the books specified by the Commercial Code. They must also keep all letters received and copies of all letters sent out, and produce them upon demand of the delegate of the Minister of Labour, who has the right to inspect them at any time. (Act of 11 April 1925, sections 22 and 32.) S E R B - C R O A T - S L O V E N E KINGDOM.—The Minister of Social Affairs has the right to exercise a strict control over all licensed undertakings and their agencies, their travel bureaux, and their ships. He may also take all necessary steps to supervise the activities of agencies. (Act of 30 December 1921, section 20.) S P A I N . — I n every office where tickets are sold, a book must be kept containing a record of all business done by the transport company, and a separate book in which persons wishing to make any claim against a company may state their case. These books must be submitted to the emigration inspectors. All correspondence must be kept for a period of five years. (Regulations of 20 January 1925, section 22.) SWITZERLAND.—Transport agents must submit all records, books, and other documents concerning their offices to the inspection of the Department for Foreign Affairs. This also applies to sub-agents. The authorities of each canton have also the right to inspect these documents. (Act of 22 March 1888, section 9.) (e) LEGAL PROCEDURE. COMPETENT AUTHORITIES I n all c o u n t r i e s c e r t a i n a u t h o r i t i e s a r e e n t r u s t e d w i t h t h e s e t t l e m e n t of a n y d i s p u t e s a r i s i n g b e t w e e n t r a n s p o r t a g e n t s a n d e m i g r a n t s c o n c e r n i n g t h e e x t e n t of t h e o b l i g a t i o n s s t a t e d i n t h e c o n t r a c t s , a n d t h e fixing of a g r e e d c o m p e n s a t i o n p a y a b l e i n cases of n o n - e x e c u t i o n . S o m e c o u n t r i e s p r o v i d e a m e a n s of a r r i v i n g a t a n a g r e e m e n t before t a k i n g legal p r o c e e d i n g s , a n d fix t h e p e r i o d w i t h i n w h i c h t h e c l a i m m u s t b e l o d g e d . Special a u t h o r i t i e s h a v e t h e r i g h t t o i m p o s e p e n a l t i e s for t h e i n f r i n g e m e n t of E m i g r a t i o n A c t s a n d R e g u l a t i o n s . VARIOUS ADDITIONAL REGULATIONS 255 FRENCH MANDATED TERRITORY : Syria and Lebanon.— Emigration Commissioners, harbour masters, and the police authorities are qualified to report cases of infringement of the provisions of the Emigration Regulations. (Order No. 2,975 of 4 December 1924, section 16.) AUSTRIA.—Under the Regulations of 27 June 1921, the Austrian authorities may oblige transport companies to submit to the jurisdiction of the nearest official Austrian representative (consul, Emigration Commissioner, etc.) in all cases of dispute arising between the company and a n emigrant. The emigrant binds himself in a similar manner (section 8). BELGIUM.—The Emigration Inspection Committee has to arrange conditions and to settle amicably any disputes to which the engagement or transport of emigrants may give rise. The Government Commissioner for Emigration receives claims made by emigrants concerning food and equipment on the ship, and forwards such claims to the Maritime Inspection Department for enquiry. Any emigrant who wishes to lodge a complaint must apply to the Government Commissioner in the port of embarkation, or to the Belgian consul in the port of arrival. Any actions concerning the activity of recruiting or transport undertakings must be brought before the judge of the place in which the head of the undertaking resides. (Regulations of 25 February 1924, sections 3, 6, 11, and 41.) CZECHOSLOVAKIA.—Under the Act of 15 February 1922, section 22, a carrier may be obliged by Decree to include a clause in the contract whereby he agrees in all cases of dispute to submit to the jurisdiction of the competent Czechoslovak consul, provided that the emigrant makes a written statement binding himself in a similar manner. The Regulations of 8 June 1922 stipulate that all disputes concerning the transport of emigrants shall be submitted to the Czechoslovak consul a t the place of arrival. DENMARK.—If an emigrant wishes to lodge a complaint concerning the non-observance of the contract during the journey, he must apply t o the inspector, who will forward his claim through the consul. Any claim t h a t is not made through legal channels is not accepted by the authorities. (Regulations of 28 March 1870, section 57.) GREAT BRITAIN.—A question as to the breach of or non-performance with any stipulation in a contract ticket may be tried before a court of summary jurisdiction, and damages awarded up to £20, in addition to the passage money. (Merchant Shipping Act, 1894, section 321.) GREECE.—The Emigration Act of 24 July 1920 stipulates t h a t the head of an emigration office or his representative may act as an examining magistrate. All claims of the emigrant against the transport agent with whom he has a contract or against the owner of the ship which has transported him are within the jurisdiction of the president of the court in the district in which the agency is situated from which the ticket was issued, and are dealt with summarily. Any claim made abroad must be lodged with the Greek consul not later than one month after disembarkation (sections 27 and 31). ITALY.—Inspectors of emigration a t ports of embarkation are qualified to deal with disputes between emigrants and carriers or their representatives which arise out of the transport contract or enrolments, or with demands made for the expenses incurred in the interests of emigrants in cases where the responsibility for the action necessitating such expenses rests with a 256 CONCLUSION . OF THE TRANSPORT CONTRACT carrier, representative, etc. All proceedings of this nature must be taken within a year from the day on which the outward journey is begun, or from the day on which emigrants land in Italy in the case of an inward voyage. The examination of cases is conducted officially. Cases involving amounts not exceeding 50 lire' 1 may be dealt with summarily without formality and the observance of time limits. (Act of 13 November 1919, sections 37 and 52.) NETHERLANDS.—The Emigrant Supervising Committees are required to settle amicably any disputes between emigrants and transport agents. They must also discharge any obligations not fulfilled by the transport agent, and any expenses so incurred are recoverable from the responsible transport agent or his deposit. Actions for compensation due to faults committed by the transport agent during the journey must be brought before the Commission t h a t has certified the ship used for this transport. Any claim t h a t is not made within one year is not valid. Proceedings concerning persons or property brought against emigrants or by them come within the competence of the judges of the canton in which the place of embarkation is situated. (Transport of Emigrants Act, 1861, amended in 1869, sections 8 and 27 (a).) NORWAY.—The emigrant may make a formal complaint of violation of contract before the nearest Norwegian consul, who must examine it and make a report on the subject to the Government. The competent department has the right to decide the dispute against the agent up to an amount covered by his deposit. An emigration agent must, when applying for his licence, appoint a person living in his district with whom, in his absence, disputes may be settled. Fines are payable to the police. (Act of 22 May 1869, sections 7 and 10.) P O L A N D 2.—All actions taken by Polish emigrants for the non-fulfilment of the conditions of the transport contract, in so far as their person or their luggage is concerned, may be brought before the courts a t Warsaw, unless the emigrant has obtained judgment from any other court. (Model Licence for Transport Undertakings, 1925, section 23.) PORTUGAL.—Any emigrant wishing to make a claim for the nonexecution of the transport contract must present a copy of the contract in corroboration of his claim, and must apply either to the General Emigration Department in Portugal or to the diplomatic or consular representative of Portugal abroad. (Regulations of 19 J u n e 1919, sections 38 and 43.) Colonies.—All claims brought against the master of a ship by any native who has been transported by him may be settled by the governor of the colony in the country of destination at the request of the Curator. No appeal is allowed if the fine does not exceed 500 escudos. (Decree of 14 October 1914, section 147.) S E R B - C R O A T - S L O V E N E KINGDOM.—The Ministry of Social Affairs and the police authorities, and the authorities at the ports, in agreement with the emigration inspectors, may impose penalties for infringements of the Emigration Act committed within the limits of their authority. Infringements committed overseas are punishable by the Minister of Social Policy. Appeal against the decision of one authority may be made to the next superior authority, and finallv to the Ministry. (Act of 30 December 1921, section 34.) 1 2 One lira = approximately 2 7d. See Supplement I : Decree of 11 Oct, 192T. VARIOUS ADDITIONAL REGULATIONS 257 SPAIN.—Claims against shipowners and consignees must be lodged with emigration inspectors, who have the power, after consulting the local council, to give judgment in cases where fines are imposed. Claims lodged abroad with Spanish consular officials are forwarded to the Directorate-General of Emigration. All claims must be lodged within a year, and proceedings are conducted free of charge. Appeal may be made against the decisions of the inspectors to the Directorate-General of Emigration, but appeal against the decision of the Directorate-General may only be made by administrative procedure. (Consolidated Text of 20 December 1924, section 21.) SWEDEN.—If an emigrant wishes to lodge a claim against a transport agent or claim compensation from him in a foreign country, he must do so through a consul who, after having enquired into the matter, sends a report to the Ministry of t h e Interior stating whether the emigrant intends to appear or if he wishes the proceedings to be carried out by the Public Prosecutor. The consul must also in the first ease state whether the emigrant wishes the case to be settled by arbitration or in a court. A copy of the contract must accompany the report. The agent must explain his case to the Ministry of the Interior, and if he admits liability he must either pay the claim or this sum is recoverable from his deposit. If the transport agent does not admit liability the proceedings are continued through the legal channels chosen by the emigrant. The enforcement of the judgement of the courts or of the decision of the arbitrators is entrusted to the Social Office of the Ministry for Social Affairs, which draws upon the agent's deposit for any compensation that is awarded to the emigrant. (Order of 4 June 1884, sections 11,12, and 13, and Decree of 28 November 1912.) SWITZERLAND.—Any civil action resulting from infringement of the Act concerning emigration agencies comes within the competence of the courts of the canton in which the emigration contract was concluded. Action must be taken within one year from the date upon which the plaintiff became aware of the infringement. The judge must inform the Federal Council and the authorities of the canton of all actions taken and of judgments given. Swiss consuls in seaports must enquire into all claims that Swiss emigrants may make concerning the non-execution of their contracts. Claims must be notified within forty-eight hours after arrival and no charge may be made by the consul. A report of the claim is made and a copy is sent to the Federal Council. The report of a claim drawn up by a Swiss consul abroad is accepted in the absence of proof to the contrary. (Act of 22 March 1888, sections 21 and 22.) (f) THE POSTING U P OF LEGAL PROVISIONS CONCERNING EMIGRATION In order that an emigrant may understand what rights he has, some countries provide that a copy of the provisions of the emigration Acts concerning the obligations to be discharged by the transport agent must be posted up in prominent places in offices and on ships, where they may easily come to the notice of the emigrant, or must be printed on the passage contract. 18 258 CONCLUSION OF THE TRANSPORT CONTRACT FRENCH MANDATED TERRITORY : Syria and Lebanon.—A copy of the Order of 4 December 1924 must be posted up in all offices where emigrants' tickets and passports are issued. (Order of 4 December 1924, section 15.) BELGIUM.—All Acts and regulations concerning the transport of emigrants and all notices published and approved by the Government Commissioner must be posted up in all hostels for emigrants. All provisions concerning the rights of the captain of a ship and his duties towards the passengers, and a copy of the daily and weekly scale of provisions (printed in Flemish, French, English, German, Polish, and Russian) must be posted up in the following places : (1) In the offices of the Government Commissioner and in those of the Maritime Commissioner ; (2) In the offices of charterers, heads of undertakings for the transport of emigrants and their representatives ; (3) In all information bureaux ; (4) In a prominent place on the ship. (Regulations of 25 February 1924, sections 6 and 42.) CZECHOSLOVAKIA.—Carriers must post up a copy of the Emigration Act, its regulations and orders in a prominent place in their offices, and must draw the attention of emigrants to these notices. (Decree of 8 J u n e 1922, section 21.) DENMARK.—A copy of the regulations concerning the transport of passengers must be posted up in an accessible and prominent place on emigrant ships, and five copies in Danish and English must be provided for the use of passengers. (Regulation of 28 March 1870, section 57.) GREAT BRITAIN.—The master of a ship must, if requested, produce a copy of Part III of the Merchant Shipping Act and of the scale of provisions applicable to the voyage for any steerage passenger for his personal use, and must also post copies of the extracts and of the scale of provisions made by the Board of Trade in a t least two conspicuous places between the decks on which steerage passengers are carried. (Merchant Shipping Acts, 1894 and 1906, sections 298 and 361.) HUNGARY.—The provisions of the Act concerning the obligations of the transport agent must be included in the transport contract. (Emigration Act of 1909, section 22.) NETHERLANDS.—Copies of the Transport of Emigrants Act and the regulations for its application, printed in Dutch, German, English, and French, must be posted in prominent and accessible places on all ships t o which this Act applies (emigrant ships). (Transport of Emigrants Act, 1861, amended in 1869, section 25.) NORWAY.—A copy of the Emigration Acts and regulations must be posted up in a prominent place in all offices of transport undertakings and one copy must be available during the voyage for the use of any emigrant upon request. (Regulations of 18 December 1899, section 11.) SPAIN.—A copy of section 37 of the consolidated text of the Emigration Acts concerning the conditions of the transport contract and of the Royal Order of 20 January 1925 concerning the activity of the information bureaux and the offices of transport undertakings must be posted up in a prominent place in all offices issuing emigrants' tickets. (Order of 20 January 1925, section 24.) SWEDEN.—A copy of the Transport of Emigrants Order of 4 J u n e 1884 must be posted u p in a suitable place in the part of the ship t h a t is reserved for emigrants. (Order of 4 June 1884, section 52.) PRESCRIBED ROUTES FOR EMIGRATION 259 CHAPTER VIII T H E D E P A R T U R E OF E M I G R A N T S Measures are taken in the majority of emigration and transit countries t o regulate the departure of emigrants. Some of these measures are of the nature of social protection, by means of which an attempt is made to provide for the emigrants, herded together in the ports or frontier stations, the best possible accommodation and treatment within their means, under healthier conditions of life and in accordance with propriety, also t o place within their reach, in a n y difficulties which t h e y may encounter, such assistance as may be required by them. The purpose of other measures is t o prevent the incidence of epidemics on board ship and a t the points of concentration, among a floating population chiefly drawn from the class of society which is least educated in matters of hygiene and in which a n y disease germs find a fruitful field. These precautions enable the emigrant t o enter on his journey under favourable physical conditions and t h u s avert certain risks of rejection on arrival. Police measures provide the necessary supervision of emigration movements and furnish d a t a for the compilation of statistics. I n some countries, taxes are levied in connection with the departure of emigrants. § 1.—Prescribed Routes for E m i g r a t i o n The routes t o be taken b y emigrants are often prescribed b y law in order t o ease the work of supervision, or, in any case, power is given t o certain authorities t o make regulations t o this effect from time t o time, in particular when granting licences for the transport of emigrants. 260 THE DEPARTURE OF EMIGRANTS This is done by making lists of ports of embarkation, and of special stations on inland frontiers. The use, as a point of departure, of a place which is not listed as an emigration port or station is sometimes not prohibited, but a special additional charge is made for all exceptions. FRENCH MANDATED TERRITORY : Syria and Lebanon.— Order No. 2975, of 4 December 1924, states t h a t special regulations shall determine in each State which are the ports from which emigrants may embark, and what formalities shall be observed by the shipping companies undertaking t o transport them t o their destination (section 12). BELGIUM.—Antwerp is made the headquarters of the Emigration Office; the direct embarkation of emigrants may only take place a t this port. Ostend may be used as a port of transit for alien emigrants. Congo.—The Decree of 14 August 1922 prohibits the transport of natives leaving the country by any other routes t h a n those prescribed by the Deputy-Governor of the province. GERMANY.—According to the Act of 9 June 1897, section 6, the necessary licences for transport undertakings shall be granted only for certain countries, parts of countries, or localities, and, in the case of oversea emigration, for certain ports of embarkation. GREAT BRITAIN : Colonies.—Gold Coast. According to the Regulation of Employment Ordinance 1921 (section 19, subsection 3), native labourers emigrating from the Gold Coast Colony should embark at one of the ports hereinafter specified, which shall, whenever practicable, be t h a t which is nearest to the place where the contract of service was entered into, namely : Accra, Addah, Axim, Cape Coast, Elmina, Quittah, Saltpond, Seccondee, Winnebah. Straits Settlements. According to the Merchant Shipping Ordinance, 1910, sections 7 and 166, a passenger steamer is not allowed to depart from or receive on board or tranship passengers a t any port or place other t h a n those notified by the Governor in Council. GREECE.—The embarkation of emigrants is permitted only from the seaports prescribed by Royal Decree on the recommendation of the Ministry of the Interior. (Act of 24 July 1920, section 6.) HAITI.—According to the Emigration Act of 28 February 1924, section 10, the departure of emigrants may only take place from the ports and frontier stations specially prescribed for this purpose on the proposal of the Ministries of the Interior, of Foreign Affairs, and of Finance. An Order dated 30 November 1925 listed the following ports : Port-au-Prince, Cayès, Port-de-Paix, Petitgoäve. HUNGARY.—According to the Emigration Act of 1909, section 5, the Ministry of the Interior is empowered to limit emigration to a certain number of prescribed routes, which appear to be particularly suitable from the point of view of better supervision or in the interests of emigrants. The same Act requires, in section 9, that licences granted to maritime transport undertakings can make it obligatory on them to take the emigrants on board at specified ports. INDIA.—Emigration to undertake unskilled work is allowed only from PRESCRIBED ROUTES FOR EMIGRATION 261 the ports of Calcutta, Madras, Bombay, Karachi, Negapatam, Tuticorin, and Dhanushkodi. The Governor-General in Council may, by. means of an announcement in the Gazette of India, prescribe additional ports from which emigration will also be legally permissible. Skilled workers who emigrate are permitted to make use of the ports specified for the emigration of unskilled workers, and also of such other ports as may be prescribed by the Governor-General in Council for this purpose. Assisted emigrants must return to the same ports from which they embark. (Act of 5 March 1922, sections 9 and 15; Regulations of 10 March 1923, section 51.) ITALY.—The consolidated text of the Emigration Acts of 13 November 1919, sections 5 and 28, requires that the embarkation of emigrants shall take place only from certain ports prescribed by law. Nevertheless, in the interests of the emigrants, exceptions may be allowed to this rule by the Emigration Department. The Italian Government has guaranteed the following advantages to emigrants embarking from the specified ports : (a) delivery of the embarkation ticket to the emigrant at his place of residence; (b) the status of the ticket as constituting a completely guaranteed contract, secured by the deposit t h a t has had to be made by the transporting agent; (c) facilities and reduced fares on the Italian railways for holders of embarkation tickets ; (d) the existence at the Italian embarkation ports of official protective organisations ; (e) the certainty t h a t the ship answers to the hygienic conditions laid down by the Government ; (f) the presence on board of a special commissioner of the emigration service (a doctor); (g) the existence of protective organisations at the port of subsequent disembarkation ; (h) the possibility of recourse to special arbitration boards to deal with any difficulties arising during the voyage or in connection with it. The ports now specified are Genoa, Naples, Palermo, Messina, Trieste 1 , Fiume 2 , Livorno 3 . The Commissioner-General of /Emigration decided in 1923 t h a t licences to carry emigrants should be granted thenceforward to foreign companies only if they chose Naples as their port of embarkation. They must make Palermo a port of call on every second voyage. They must undertake to make no propaganda to attract emigrants to foreign ports. From the percentage allowed to them is deducted a number corresponding to t h a t of the Italian passengers who embark on ships belonging to the same company a t foreign ports. JAPAN.—The administrative authorities can prescribe ports of departure for emigrant ships, i.e. for vessels transporting more than 50 emigrants. (Emigrants Protection Act, section X X , 6.) MEXICO.—The transit of migrants may take place only at places specified for the purpose, i.e. a t ocean ports, frontier stations prescribed for international traffic, and frontier and sea-coast stations specified for this purpose by the Ministry of the Interior. Ships leaving from one of the Mexican Islands for a destination abroad must call at the nearest Mexican mainland port in order t h a t the migration services may satisfy themselves t h a t the obligations laid down by law have been fulfilled. Passenger-carrying aircraft must make use on the outward voyage of the places prescribed as transit stations for migrants. (Act of 12 March 1926, sections 3, 56, and 79.) 1 Specified by Decree No. 184, of 18 Jan. 1923, extending the scope oí the Italian emigration laws to the annexed provinces. 2 Specified by Decree No. 1504, oí 8 Aug, 1924. 3 Specified by Royal Decree of 20 Aug. 1926. 262 THE DEPARTURE OF EMIGRANTS NETHERLANDS : East Indies—The embarkation of natives recruited in J a v a and Madura must take place a t certain ports prescribed for this purpose. (Ordinance No. 613, of 14 September 1914, section 14.) POLAND.—The Act of 14 December 1925, restricting emigration to Polish ports, requires that emigrants leaving for America must embark at the Polish ports on the Baltic, and that licences for the transport of emigrants shall be granted so as to comply with this condition. Nevertheless, in exceptional cases, and in the interests of the emigrants, the Minister of Labour and Social Welfare can decide to grant licences for the transport of emigrants to South America via the Mediterranean ports. Neither does the aforesaid requirement apply to countries with which agreements have previously been concluded on the subject. PORTUGAL.—Portuguese subjects and aliens furnished with ordinary passports may cross the inland frontier in either direction a t the following points and a t such others as may later be specified by the General Emigration Department : Cominha, Valencia, Moncayo, Choves, Braganca, Barco de Alva, Vilar Formosa, Marväo, Vila Real de Santo Antonio. The holders of special passports for the frontier regions are allowed to make use of other routes. (Decree No. 6912, of 9 September 1920.) RUMANIA.—The Act of 11 April 1925, section 10, requires t h a t the application of the would-be emigrant for permission to leave the country must mention the port of embarkation or frontier station chosen. The permit given shall hold good only for this port or station. The requirements issued on 22 June contain a list of the ports and frontier stations which may be selected : port of Constanza, the railway stations of Nepolocauti, Halmen, Curtici, Jimbolia, Giurgiu, and Oboristea. S E R B - C R O A T - S L O V E N E KINGDOM.—The Emigration Act of 30 December 1927 states in principle : t h a t the emigrant must embark from a national port ; t h a t embarkation from ports situated in other European countries is prohibited; t h a t the transport companies may only undertake to transport emigrants if their vessels take emigrants on board or land them at national ports (sections 8 and 10). Various regulations issued in pursuance of the Emigration Act have, however, up to the present given permission, really because the Yugoslav ports are not yet equipped with the necessary arrangements, for the transport of emigrants to take place from foreign ports. Emigrants may only cross the inland frontiers to reach the ports of embarkation a t points specified by the Ministry of Social Affairs ; the stations at present prescribed are Maribor and Rakek. (Regulations of 30 July 1923, section 11.) SPAIN.—The national ports listed by the Superior Council of Emigration for the embarkation of emigrants are Almería, Barcelona, Bilbao, Cadiz, Corunna, Gijón, Las Palmas, Málaga, Santa Cruz de Teneriffe, Santander, Valencia, Vigo, and Villagarcia. No tickets may be given to Spanish subjects for embarkation as emigrants from foreign ports, except in those cases in which the shipping companies which have to transport these emigrants pay to the Directorate-General of Emigration a special deposit, sufficient, in the opinion of the DirectorateGeneral, to guarantee the strict observance of all obligations relating to the protection of the emigrant on his journey as laid down in the Spanish legislation, including those dealing with free repatriation. (Ordinance of 21 October 1924, and consolidated text of 20 December 1924, section 35.) SWEDEN.—The embarkation of emigrants must take place from the ports of the staple towns (Stapelstäder). (Ordinance of 4 J u n e 1884, art. 17.) HEALTH MEASURES AND HYGIENIC CONDITIONS 263 § 2.—Health Measures, and Hygienic Conditions for the Accommodation of Emigrants at Ports and Frontier Stations Of late years very particular attention has been paid by the various Governments to the question of improving the accommodation provided for emigrants at ports and frontier stations. In some countries from which the emigration is large or through which many emigrants travel, the Governments have themselves taken steps to provide the necessary shelters, the management of these being entrusted to the emigration services. In many other countries there are special regulations applying to emigrant hostels which can often only be carried on under licence, or, in any case, subject to regular supervision. Measures for the prevention of infection are taken by the Government or made obligatory on the licensees of the hostels. Further, the shipping companies and transport undertakings, which are often obliged by law to accommodate the emigrants to be transported by them for a certain period, pending final departure, have opened numerous hostels. AUSTRIA.—The transport companies are allowed to open emigrant hostels and railway station restaurants and dispensaries, after application to the Government for a licence. The shelters maintained by the companies a t the frontier stations must be suitable from the point of view of cleanliness, hygiene, and propriety. Proper provision must be made for the separation of the sexes. Travellers must be provided for the night with at least a mattress, a blanket, and a pillow. They must not be put to lie on the floor or in hammocks, neither may more than one adult person be assigned to the same bed. A table of charges for board and lodging must be displayed in German. They must be net charges without extras. The League for the Prevention of the Traffic in Women must have free entry to these shelters. (Regulations of 27 June 1921, sections 11,18 and 21.) BELGIUM.—According to the Order of 25 February 1924, on the transport of emigrants, no person may offer accommodation to emigrants without having first obtained a licence from the Commissioner for Emigration, who, before granting it, consults the medical service. In agreement with this service, the Commissioner of Emigration indicates the number of emigrants who may be accommodated in each room. This. number is displayed on the door and may not be exceeded. Persons licensed to accommodate emigrants may not take any other travellers, except by special permission. The accommodation provided for emigrants must fulfil the sanitary conditions and standard of comfort laid down in detail in section 6 of this Order. Any cases of illness must be reported to the medical service. The legal requirements relating to these lodging-houses must be exhibited in 264 THE DEPARTURE OF EMIGRANTS all premises. The lodging-houses are placed under the supervision of the Commissioner for Emigration by whom, in conjunction with the emigration medical service, they are periodically inspected. The latter service is instructed to see to it that the emigrants are isolated so far as possible from the public, and to check the proper performance of the sanitary measures to which the emigrants have to be subjected before obtaining their embarkation permits. Emigrants who have not been disinfected have to be accommodated in special lodging-houses called "hôtels sales" ; after disinfection other houses, called "hôtels propres", are provided for their accommodation. Lodging-houses found to be unhealthy and insanitary must be reported to the emigration undertakings, who may not send emigrants engaged by them there until the sanitary conditions complained of have been rectified and they have been approved by the competent authorities. The list of approved hostels is supplied to the emigration undertakings. CZECHOSLOVAKIA.—The Ministry of Social Welfare has established shelters for emigrants at Prague-Liben; the management of them has been entrusted to the Czechoslovak Red Cross. These shelters can accommodate 600 emigrants. A concentration station for Slovakia and Sub-Carpathian Russia has been established a t Svatoborice (Moravia). Medical inspection takes place in this centre before the emigrants leave 1 . Private undertakings providing sleeping accommodation and meals for emigrants a t a concentration or frontier station, either permanently or temporarily, must obtain a special licence to carry on their business, which licence can be withdrawn a t any time if the conditions laid down are not fulfilled. The Ministry of Social Welfare is responsible for the supervision of these houses and for preventing the carrying on of any undertakings which seem to be dangerous to public health. (Act of 15 February 1922, section 32.) G R E A T B R I T A I N : Colonies.—Hongkong. Under the terms of the Asiatic Emigration Ordinance 1915 (sections 42-46) special regulations are made for "assisted emigrants" (men who intend to labour for hire in some place beyond the limits of the colony, and who have received assistance in the way of payment of passage money, subsistence, or otherwise, section 2). Assisted emigrants are not permitted to embark in any emigrant ship unless they have been lodged in a duly licensed emigration boarding-house during a period of not less than forty-eight hours previous t o the examination by the Secretary for Chinese Affairs, and the keepers of such boarding-houses are required to furnish certain particulars concerning such emigrants. INDIA.—The Rules of 10 March 1923 under the Emigration Act contain careful requirements regarding the arrangement of the places of accommodation that have to be provided by the Emigration Commissioner and maintained a t his cost for the concentration of the emigrants recruited, either a t places of recruitment or a t the port of embarkation (minimum space for each emigrant, separation of the sexes, separation of the sick, etc.). The shelters a t the concentration points to be established in the recruiting areas may only be opened on sites approved by the authorities. The Local Government m a y prohibit the use of a place which appears to be unsuitable for such concentration, and, in urgent cases, a District Magistrate may issue a temporary prohibition pending the decision of the Local Government. The premises must be visited and inspected a t least once a month by a committee appointed by the Local Government, in Presidency towns, and elsewhere by the District Magistrate. Certain local officials can also be authorised to carry out such inspections (police officers, members of Municipal or District Councils, etc.). The emigration agents must give 1 Communication to the International Latour Office, Dec. 1926. HEALTH MEASURES AND HYGIENIC CONDITIONS 265 every facility for inspection. A report must be made on each inspection, one copy being sent to the Emigration Commissioner and another to the District Magistrate. The places of accommodation for emigrants in embarkation ports may not be taken into use until they have been inspected and approved by the Protector of Emigrants, and also, from the sanitary point of view, by the medical officer of the port. The licence to use the premises, granted after the visit of inspection by the Protector of Emigrants, may be withdrawn by him a t any time should he discover subsequently t h a t the premises are unhealthy or uncomfortable. Inspection committees visit them periodically. The Emigration Commissioner must either live in a n adjoining building or place a responsible agent there to supervise the shelter. (Rules of 10 March 1923, sections 19, 20, 31, 38, and 42.) ITALY.—A Decree, No. 2655, of 23 September 1923, confirmed by Decree No. 1695, of 4 September 1924, which created the necessary funds for shelters for emigrants, placed on the General Emigration Department the responsibility for contructing and administering such shelters for emigrants and returned emigrants in embarkation ports and transit stations. Hostels of this kind (casi dei emigranti) are to be found in Messina, Milan, Naples, Bardonecchia and Ventimiglia; plans have been made for their erection in Trieste, Fiume, Como, Mestre, Bologna, Palermo, Genoa 1 . Pending the completion of all the hostels necessary, the Emigration Department was authorised to make a temporary requisition of one or more lodginghouses situated close to the railway stations or docks to be converted into emigrant shelters under the direct control of the General Emigration Department, the management being accorded by it, under licence, to private persons or societies. The Decree of 7 May 1925, No. 718, extended the right of requisition to transit and frontier stations. The supervision of non-requisitioned premises, used in any way for the accommodation of emigrants, under whatever management, is exercised by the officials of the Emigration Department. At the ports and stations of departure, emigration inspectors meet the emigrants on arrival a t the railway station in order to prevent their being pestered by touts ; and the inspectors send them to one of the requisitioned lodging-houses, each with a form bearing the name of the individual emigrant, the date of his arrival, the ship by which he is to sail and the name of his lodging-house. Before embarkation the emigrants are taken in batches to a special building where they are disinfected, bathed, and vaccinated. I n case of need they are isolated or subjected to bacteriological examination, or any other necessary preventive treatment. Those who are in perfect health receive health identity papers with which they go before the final inspection commission. The others are reported to t h a t commission. Before arriving a t the inspection room, the emigrants have to pass through t h a t in which their luggage is disinfected, and also through the customs. The work of disinfection is begun a day or two before departure. (See an article in the Bollettino della Emigrazione, February 1925, p. 158.) JAPAN.—A licence must be obtained from the Japanese authorities for the accommodation of emigrants at the port of embarkation. The granting of this licence is subject to approval of the arrangements made for the sleeping and other accommodation and the feeding of the emigrants. This licence can be withdrawn at any time the authorities are convinced that the interests of the emigrants are being prejudiced and their welfare neglected. (Emigrants Protection Act, codified in 1907, section X X , 9-10.) 1 Cf. L'emigrazione italiana negli anni Ì924 e 1925. Relazione sui servizi dell' emigrazione presentata dal Commissario generale, pp. 101-105. 266 THE DEPARTURE OF EMIGRANTS NETHERLANDS : East Indies.—The Ordinance, No. 613, of 14 September 1914, regarding recruitment in J a v a and Madura, requires the recruiting agent to maintain properly equipped shelters for the accommodation of natives recruited both while awaiting departure and on arrival at their destination. The recruiting agent must enter in a register the name and sex of each person received into these shelters and furnish an extract from this register daily to the district authority. The expense of accommodating natives in the shelters has to be borne by the recruiting agents, who have also to take the necessary measures to provide the sick with such medical attention as may be needed by them. All persons engaged must be vaccinated or re-vaccinated in the shelters before departure. POLAND.—According to the Act of 1925 regarding the licensing of transport enterprises in section 24, the companies licensed for the transport of emigrants must undertake to bear part of the expenditure on the shelters established and maintained by the Emigration Office on Polish territory and at the Port of Danzig, the proportion to be contributed by them to be fixed by agreement between them and the Emigration Office. I n virtue of an agreement with France, the French employers also contribute to the maintenance of establishments a t concentration points for emigration to France. By the aid of these contributions, the Emigration Office maintains shelters for emigrants who are on the point of leaving the country; on the northern frontier, the Wejherow camp is the concentration point for emigration via the Port of Danzig. The shelter at Wejherow, which can take 1,500 emigrants, is divided into two parts. One is used for the reception of newly arrived emigrants—the "dirty" side—and they are passed o n t o the other or "clean" side, after having been disinfected. I n order to avert danger of infection, hindrances are placed in the way of contact with the public; emigrants must obtain a permit to go into the town. After a stay of four to five days, the emigrants are transported in special carriages to the Port of Danzig where they are subjected to medical examination 1 . Myslowice (on the Silesian frontier) a n d the port of Gdynia also have concentration premises maintained by the official services for the accommodation of emigrants. I n addition, private societies, particularly the Polish Emigration Society, have established hostels ; on this subject, see Chapter IV, §2. PORTUGAL : Colonies.—Recruiting agents are obliged to maintain shelters throughout the length of the routes travelled by native labourers recruited by them, and have particularly to maintain one concentration centre at a short distance from the port of embarkation, for the reception, under proper conditions, of the workers engaged, pending their departure. All the expenses of the maintenance and feeding of the labourers, from the date of recruitment to t h a t of embarkation inclusive, have to be borne by the agent. (Decree of 14 October 1914, section 127.) RUMANIA.—Transport undertakings are obliged to maintain in the embarkation ports organised medical services equipped with all the necessary medical stores for the cure and prevention of disease among the emigrants. (Regulations of 22 June 1925, section 36.) SERB-GROAT-SLOVENE KINGDOM.—An emigrant hostel has been established at Zagreb, the principal concentration point for parties of emigrants. I t also serves for the accommodation of emigrants returning to Yugoslavia. Its management is entrusted to the Emigration Department. The organisation of hostels is provided for at other frontier stations and iCf. Wychodzca, 3 J u n e 1923. Warsaw. DISINFECTION. EXAMINATION ON DEPARTURE 267 in the national ports, wherever these are used, for the embarkation of emigrants. Medical inspection must be carried out in these hostels by a doctor. Emigrant hostels belonging to the transport undertakings are placed under the supervision of the emigration inspectors who have, in particular, to see that the disinfection processes prescribed for the emigrants and their luggage are duly carried out. (Regulations of 30 July 1923, sections 4, 5, and 6.) SPAIN.—The regulations issued under the Emigration Act of 20 December 1924, section 78, authorise the Directorate-General of Emigration to organise emigrant hostels in the ports of embarkation, or to conclude agreements with lodging-houses for the accommodation of emigrants.. These lodging-houses must remain under the supervision of the DirectorateGeneral, which lays down certain conditions in regard to the equipment of these houses. § 3.—Disinfection As has been mentioned above, the majority of countries, for the purpose of avoiding risk of infection during the transport of emigrants, especially on board ship, have established centres for preventive treatment at concentration points and at the ports listed for t h e departure of emigrants. The process of disinfection usually consists of a bath, after taking which the emigrants have t o put on clothing which has been previously cleansed b y superheated steam, and in a careful cleansing of the head, t h e hair being cut short if necessary. In those cases in which infection is suspected, emigrants m a y be subjected t o a bacteriological examination or t o isolation. Vaccination or re-vaccination is usually performed. Luggage is also disinfected by means of superheated steam or b y formaline vapour, etc. Disinfected persons may not come into contact with those who have not yet been treated; special departments in the emigrant hostels are set apart for t h e t w o categories. The emigrant hostels themselves are disinfected periodically. This matter will not be treated in detail, the measures taken in the various countries in this respect being of a practical rather t h a n of a legislative character. § 4.—Examination on Departure There are many enactments in emigration countries requiring t h a t a medical examination of emigrants shall take place before their embarkation, and sometimes making the transport undertakings responsible for the organisation and the expenses of this 268 THE DEPARTURE OF EMIGRANTS examination. I t has a double purpose : t o ensure t h a t the state of health of the passenger is such as t o allow him t o take the voyage without danger t o himself or t o his fellow passengers, and t o avoid the possibility of rejection on the frontier of the country of immigration. This examination ' is generally supplemented by inspection carried out b y t h e emigration services or b y t h e police, in order t o ascertain whether the emigrant fulfils all the other conditions imposed by t h e law of his own country or by the laws and regulations concerning immigration in t h e country t o which he is going. This inspection is also directed towards the supervision of the activities of all parties concerned in the process of emigration, particularly recruiting undertakings. I t sometimes takes place at the same time as the medical inspection and is sometimes carried out independently. As the result of the Quarantine Act passed in the United States of America in 1893, a medical examination by an American doctor was organised at the ports of embarkation for the United States at the request of the shipping companies and with the consent of the Governments in whose territories the ports were situated. After the promulgation of the Immigration Act of 1924 in the United States, measures were t a k e n in various European countries, in agreement with other countries concerned, for an intensive examination of the emigrants desiring t o proceed t o the United States, t o be undertaken by United States officials (immigration inspectors and medical officers of the Public Health Services), before the emigrants received their immigration v i s a 1 (see Volume I I , Chapter V I I I ) . Although these examinations do not give a n y dispensation from t h e obligatory inspection on arrival, they do nevertheless avert a large proportion of the risks of rejection. AUSTRIA.—Before embarkation, emigrants are subjected to medical inspection. Embarkation is prohibited if the state of health of the traveller endangers his own life or the health of his fellow passengers, or if, in view of the regulations for admission to the country of immigration, there is a risk of his being refused. If the medical.inspection does not take place a t the expense of the company, the emigrant must fee informed of the fee payable a t the time when the 1 Canada has recently made arrangements for organising a similar examination in many European countries. In Chapter VIII ol Volume II see also the analysis ol the measures taken by various countries for the inspection ot future immigrants. EXAMINATION ON DEPARTURE company undertakes to transport him. section 22.) 269 (Regulations of 27 June 1921, BELGIUM.—The company is responsible for ensuring the adequate examination of emigrants just before departure. I n order to diminish the chances of rejection by the country of immigration, and to prevent the development of epidemics during the voyage, the examination must cover the following points : (1) whether the emigrants comply with all the health conditions required of them before departure from their country of origin; (2) whether the emigrants comply with the legal requirements laid down for admission to the country of immigration. This inspection must be carried out by the medical officers of the Emigration Service, subject to the observance of such precautions and considerations as are dictated by natural good feeling and respect for the personal dignity of the emigrants, in properly lighted and heated premises. (Order concerning the Transport of Emigrants of 25 February 1924, sections 9-17.) CZECHOSLOVAKIA.—The Act of 15 February 1922, section 29, requires emigrants to undergo a medical examination before embarkation. Every emigrant must be rejected if the result of the medical examination is such as to indicate t h a t his embarkation would constitute a danger to his own life and to the health of his fellow passengers. The Ordinance of 8 J u n e 1922, section 42, required the organisation of medical inspections in the concentration stations on the frontiers of the country, in order to ensure that the physical and mental condition of the would-be emigrants were not such as to constitute a risk of their not being admitted to the country to which they desired to proceed. Further, the emigrant must provide himself beforehand with a medical certificate a t his place of residence to prove that he does not come from an infected area and is not liable to spread infection. DENMARK.—Before leaving a port of embarkation emigrants must be examined by a doctor appointed by the police, and simultaneously by the ship's doctor if there is one. I t must be ascertained that their embarkation cannot, on account of any physical or mental disease, be prejudicial either to their own health or to that of other passengers. The transport undertaking must ascertain that the emigrants whom it is transporting have been through this examination. I t is responsible for the examination and must bear its costs. The examination takes place either on board or in some other suitable place. The passengers have to bring with them their contract tickets which are to be visaed by the doctor. The medical examination is followed by the police inspection, which takes place on board at the last moment before the sailing of the ship. Passengers have to answer to a roll-call, according to a list drawn up by the master of the ship. (Service Regulations of 28 March 1870, sections 28-29-34, and Act of 25 March 1872 amending the Transport of Emigrants Act, section 2). GERMANY.—By the terms of the Act of 9 January 1897, the state of health of the emigrant must be examined, before the ship sails, by a medical practitioner appointed by the emigration authorities (section 35). This examination is held in premises specially equipped for the purpose by tht, transport undertaking. Persons found to be suffering from infectious diseases, who constitute a danger to their fellow-passengers, are kept on land, as are such persons as are likely to have been infected by them, and also such other sick persons as, without being infectious, are in a sufficiently serious condition for their life to be endangered by the voyage. The doctor reports to the emigration officers those persons whose departure must not be allowed, and these officials undertake, in case of need, the care of emigrants rejected in this manner. (Regulations of 14 March 1898, section 55.) 270 THE DEPARTURE OF EMIGRANTS GREAT BRITAIN.—According t o the Merchant Shipping Act, 1894 (section 306 (1)), an emigrant ship must not clear outwards or proceed to sea until a medical practitioner appointed by the Emigration Officer has inspected all the steerage passengers and crew, and has satisfied the Emigration Officer t h a t none of the steerage passengers or crew appear to be likely to endanger the health or safety of the other persons about to proceed in the ship. The Emigration Officer must also satisfy himself t h a t all the provisions of the Merchant Shipping Acts relating to passenger and emigrant ships have been complied with before the ship is allowed to leave port (section 314). Colonies.—The laws of a number of British colonies provide t h a t a duly authorised police officer or officer of customs may visit and inspect any vessel on which he has reason to believe t h a t any person has embarked in breach of the emigration laws and m a y without warrant arrest any such person found on any such vessel. Ceylon : Emigration Ordinance, 1917 (section 7 (2)); Fiji : Emigration Ordinance, 1892 (section 14); Jamaica : Emigrants Protection Act, 1924 (section 17); Mauritius : Ordinance regulating the Emigration of Indian Immigrants and Liberated Africans, 1881 (section 10); Windward Islands : (a) Saint Lucia, Emigrants Protection Ordinance, 1916 (section 13); (b) Saint Vincent, Emigrants Protection Ordinance, 1924 (section 13). In Ceylon it is further stipulated that the officer shall compel the production of all tickets and passes for inspection. I n certain colonies the authorities may call upon the master of the ship to muster the passengers and crew for inspection before the departure of the ship from any port within the Colony concerned. Thus in Gambia, according t o the Native Labour (Foreign Service) Ordinance, 1913, section 19, the master may be called upon to summon his deck passengers (i.e. any native labourers under contract for service outside the British Dominions or territories in and over which the British Government has jurisdiction) and any members of his crew who are natives of West Africa. If more than five of this number are embarked at any one port without the requisite certificates, the officer may call upon the master to prove that they are not there in contravention of the regulations cpncerning such emigrants. I n the Gold Coast the Regulation of Employment Ordinance, 1921 (section 30), provides t h a t the master may be called upon to muster all his native deck passengers and native members of the crew. Failure to do so involves a fine or a term of imprisonment, with or without hard labour. If any native is found on board who has entered into a contract of service contrary t o the Government regulations, no certificate of clearance shall be given the ship until he has been disembarked. In Nigeria, the Native Labour (Foreign Service) Ordinance, 1916 (section 22), is identical with the Gold Coast Ordinance (see above). I n addition the same provisions are taken to apply to any deck passenger who has embarked a t any port in any other British colony or protectorate in West Africa without the certificate (if any) required by the law of such colony or protectorate. I n Sierra Leone, the Native Labour (Foreign Service) Ordinance, 1924 (section 29), contains the same provisions as section 19 of the Ordinance of Gambia (see above). In^addition it is provided that if the Commissioner or Officer of Police is not ¡satisfied he shall report the matter to the Magistrate, who may summon the master for having persons on board in contravention of the law. On conviction the master shall be liable to a fine or to imprisonment. In the Straits Settlements under the terms of the Passengers Restriction Ordinance, 1926 (sections 6, 11, 13, 14), no ship may leave the colony until it has been examined by a police or boarding officer, and the master may be required to muster, for inspection, all passengers and members of the crew. EXAMINATION ON DEPARTURE 271 The officer may retain for further enquiries during a period not exceeding four days any person into whose case he has reason to believe further enquiry is necessary. Ships whose original port of departure is a port in the colony or in any of the British Protected States in the Malay Peninsula are exempted from this Ordinance. Hongkong has special regulations which provide t h a t no emigrant ship may proceed to sea until a duly appointed medical officer shall have satisfied the Emigration Officer that none of the emigrants, passengers or crew appear by reason of any bodily or mental disease unfit to proceed or likely to endanger the health or safety of other persons about to proceed in such ship (Asiatic Emigration Ordinance, 1915 (section 25)). In the case of ships under licence on long voyages, the Emigration Officer shall not give his certificate until he shall have mustered the emigrants and have ascertained to the best of his power that they understand whither they are going. In Mauritius the Emigration Ordinance, 1925 (section 11), states that the Governor in Excutive Council may make regulations for the inspection and examination of emigrants at the port of shipment by the Health Officer or Medical Officer to be appointed on that behalf. At Malta a thorough examination precedes and conditions the issue of a passport. Since the adoption of this measure, the Malta Office states that it has averted almost all risks of rejection. (Report on Emigration for the Fiscal Year 1922-1923, Malta.) INDIA.—Before leaving the places of accommodation a t the embarkation ports, the emigrants are examined and a nominal roll, containing all information concerning them, is drawn up. Permission to embark is refused by the Protector of Emigrants (1) if the medical inspector has certified t h a t the emigrant is unfit to stand the journey for which he or the person on whom he is dependent has contracted; (2) if the requirements of the law and the regulations concerning emigration have not been complied with ; (3) if it transpires t h a t the emigrant has not understood the conditions under which he is emigrating, and after having had them explained is unwilling to embark, (Rules of 10 March 1923, sections, 43, 44, and 45.) ITALY.—At the time of embarkation, an inspection committee, consisting of the Inspector of Emigration, the port doctor, and the medical officer of the Royal Navy who acts as Royal Commissioner on the ship carry out a strict medical inspection of the crew and of all emigrants. I t refuses permission to embark to persons suffering from infectious diseases, or from any other disease capable of causing annoyance to other passengers, as well as to those who, on account of some physical infirmity or defect, would not be eligible, in view of the special legislation of the countries of immigration, to land in those countries. The committee pays special attention to the state of health of persons coming from localities where epidemics are rife. (Taken from the Bollettino della Emigrazione, February 1925, "The Work of the Inspection Services at the Ports".) NETHERLANDS: East Indies.—The recruiter who engages labourers in Java or Madura for work abroad must, a t his own cost, arrange for a doctor to certify whether the recruits are physically fit to perform the work for which he has engaged their services, and obtain a written certificate t o this effect. He must send back to their homes the persons found to be physically unfit. (Ordinance No. 613 of 14 September 1914, sections 9-10.) POLAND 1 .—Emigrants undergo a medical examination on leaving the i See also Supplement I : Decree of 11 Oct. 1927. 272 THE DEPARTURE OF EMIGRANTS concentration station. When sailing from Danzig this examination takes place a t the port itself. PORTUGAL.—The shipping companies and their agents are forbidden to allow emigrants to go on board before they have undergone inspection bv the competent officials belonging to the General Emigration Department. (Regulations of 19 J u n e 1919.) Colonies.—The master of the ship is obliged to refuse to take on board any native labourer whom t h e ship's doctor considers t o be ill, suffering from rickets or from an infectious complaint, or unfit to work. Every native who is neither marked with smallpox nor already vaccinated must undergo vaccination before embarkation. (Decree of 14 October 1914, sections 144 and 149.) RUMANIA.—The transport undertakings are obliged t o arrange for a medical inspection of the emigrants at the concentration points on inland frontiers or a t the "ports of embarkation. (Regulations of 22 June 1925, section 36.) SERB - CROAT - SLOVENE KINGDOM. —Emigrants travelling through Austria, Germany, and Switzerland to embark from the ports of Germany, France, or the Netherlands are inspected on crossing t h e frontier a t Maribor (Marburg) or a t Jesenia (Assling). Those travelling via Italy to embark from an Italian or French port are inspected a t Rakek. There are also inspection stations a t the ports of Susak, Split and Gruz. (According to a communication from the Emigration Department to the International Labour Office, 9 December 1924.) SWEDEN.—A medical examination must take place not less t h a n three days before departure, so as to ensure t h a t no emigrant is suffering from a complaint which may be a source of danger to the health of his fellow passengers. The examination, conducted by t h e medical officer of t h e municipal service, takes place at the expense of the shipowner. (Ordinance of 4 J u n e 1884, section 40.) § 5.—Other Protective E n a c t m e n t s Other measures of various kinds are t a k e n b y m a n y countries a t the point of departure t o ensure t h e welfare a n d safety of t h e emigrants. The provision of hospital t r e a t m e n t of emigrants who are t a k e n ill a t the port of embarkation is either made b y t h e State or made obligatory on t h e transport undertakings, or again, on t h e recruiting agents, in t h e case of emigrants travelling under contract. The equipment of colonial emigrants for t h e voyage is sometimes made a charge on the parties engaging t h e m . Transport or recruiting agents are sometimes obliged t o place employees a t t h e disposal of t h e emigrants t o t a k e charge of t h e m a t the port of departure, or during t h e inland portion of their OTHER PROTECTIVE ENACTMENTS 273 journey. At transit ports there are interpreters who help foreign emigrants; further, qualified women supervisors are entrusted with the assistance of women and children, and their protection against the dangers of the white slave traffic, etc. This protection is often afforded by means of private organisations, sometimes with the backing of the Government. Some of these requirements are quoted below : AUSTRIA.—If it is necessary for a sick person t o be sent into hospital a t the port of departure, the transport company must bear the cost up to a period of fourteen days if the emigrant is without means. If the company can be held responsible for the cause of illness, the expenses of hospital accommodation must be borne by it for an unlimited period even if the patient is not without means. (Regulation of 27 J u n e 1921, section 22.) INDIA.—Provision for the treatment of the sick must be made in all the places of accommodation for emigrants, which have to be established in every port prescribed for the embarkation of emigrants; in the event of communicable disease, every emigrant attacked must be sent to an outside hospital for treatment, and all contacts shall be placed in a segregation shed. (Rules under the Indian Emigration Act, 10 March 1923.) NETHERLANDS : East Indies.—The recruiter is obliged to provide such food and clothing as may be necessary for the persons admitted to t h e concentration shelters and to take the necessary measures for attending to the sick. (Ordinance No. 613 of 14 September 1924, section 8.) POLAND.—The licensed companies are obliged, after preliminary agreement with the Emigration Office, to appoint guides to taKe charge of tne emigrants arriving Dy rail at the port of embarkation. (Model Licence for Transport Undertakings, 1925, section 13; see also Supplement I.) PORTUGAL.—Emigrants travelling under contract must be met at the railway station of the port from which they are to embark by an employee of the emigration agency; this guide must remain with them constantly until they depart. (Regulations of 19 June 1»19, section 44.) Colonies.—The Decree of 14 October 1914 requires t h a t before embarkation the recruiter must see to it that the natives engaged by him are provided with sufficient clothing (section 140). SWITZERLAND.—The Act of 22 March 1888, section 16, regarding the transport of emigrants, requires that each party of overseas emigrants, which is not accompanied by any agent or sub-agent of the emigration undertaking, must be met at the stations a t which they have to change and a t the port of embarkation, by a representative of the undertaking. The person accompanying the emigrants must remain with them until the ship sails; the consuls in the respective countries must be notified of the embarkation and disembarkation of the emigrants. 19 274 THE DEPARTURE OF EMIGRANTS § 6.—Communication of Lists of Emigrants The emigration agents and transport undertakings or the masters of ships are frequently under the obligation to furnish to the competent authorities lists of the emigrants recruited or transported by them. This list must be communicated either on each voyage at a fixed time, or in a monthly or annual return. The purpose of these reports is to place in the hands of the police the necessary information for the inspection of the travellers, to make it easy to check whether the number of passengers exceeds the capacity of the ship, and also to provide the requisite data for the compilation of emigration statistics. In some countries, the list thus drawn up also serves as the basis for the calculation of the exit taxes payable by the transport undertakings, and also for the calculation of the return tickets at reduced prices or free of charge for emigrants who have to be repatriated, which tickets have to be issued by the licensed companies in proportion to the number of emigrants whom they have transported. AUSTRIA.—The transport companies have to furnish each year to the federal authorities a return of the passengers of Austrian nationality whom they have carried on an outward or return journey. Their boote must keep note of the names, addresses, class of accommodation, place of embarkation, and final destination of each person, and on request by the competent authorities they must give any other useful information. (Regulations of 27 J u n e 1921, section 16.) BELGIUM.—The transport undertaking must hand to the Emigration Commissioner, on the day before sailing, the provisional list of the passengers to be conveyed. The final list, duly signed, must be handed in within twenty-four hours of the departure of the passengers to the Emigration Commissioner, and to the Maritime Commissioner, and must contain in precise form the following particulars : surname, Christian name or names, sex, last residence, destination, the name of the ship, the names of the ports of embarkation and disembarkation, transhipments in the course of the voyage, and the means of transport to the final destination. (Order of 25 February 1924, section 25.) CZECHOSLOVAKIA.—Companies undertaking the transport of emigrants are obliged to send in monthly to the Minister of Social Welfare a report on the emigrants transported by them. They must make a note of any emigrant rejected, and the reason for rejection. (Act of 15 February 1922, section 18, and Regulations of 8 J u n e 1922, section 20.) DENMARK.—A list of the passengers who are to embark is compiled and signed by the master of the ship, and handed to the inspecting medical officer at the time of the inspection which precedes sailing, so that he may COMMUNICATION OF LISTS OF EMIGRANTS 275 check whether all the passengers entered therein have been examined. The final list of passengers is handed to the police at the time of the police inspection, carried out by them at the last moment before the ship sails. If the list contains a larger number of persons t h a t t h a t which the ship is entitled to carry according to its capacity, the shipowner has t o pay a fine amounting to 25 Rigsdaler per person in excess of the maximum. The list is checked by roll call. (Regulations, 28 March 1870, sections 29 and 33.) GERMANY.—The German Regulations of 14 March 1898 stipulate that the shipowner must place at the disposal of the inspector, six hours before the departure of the ship, a list giving the names of : (a) persons more than 10 years of age; (b) children more than one year and less than 10 years of age ; (c) children less than a year old ; (d) women travelling alone ; (e) men travelling alone. The Emigration Act of 9 June 1897 further stipulates that information must be immediately given to the German consul at the port of disembarkation as to the names, nationality, and aim of journey of women who appear to have been the object of immoral traffic. Information must also be given with regard to persons of the male sex accompanying them. GREAT BRITAIN.—The master of every ship carrying steerage passengers must sign in duplicate a passenger list setting forth the name and other particulars of the ship and of every passenger on board. The list must be countersigned by the Emigration Officer, if there is one a t the port, and then delivered to the officer of customs, who countersigns it, returns one copy to the master, and retains the other copy himself. If any requirement of this section of the Act is not complied with, or if any passenger list is wilfully forged, the master of a ship is liable to a fine. (Merchant Shipping Act, 1894, section 311.) Colonies.—In the British Colonies of Ceylon, Gambia, Gold Coast, Jamaica, Nigeria, Straits Settlements, and Windward Islands, the master of any ship departing from any port within the colony, when called upon by the proper authority, must produce a passenger list containing the names of all passengers and their respective ports of embarkation and disembarkation. In the Straits Settlements the list must also contain the nationalities, places of birth and occupations of the aforesaid. I n Hongkong it is the duty of the passage broker, when contracting with an intending emigrant for passage in an emigrant ship, to notify the Secretary for Chinese Affairs and the Emigration Officer of every such contract. The name, age and sex of the emigrant must be stated, together with the name of the ship. I t is stipulated in the regulations of the Solomon Islands that the name of any native recruited or being returned home, and of his wife and children (if any), the place where he is embarked, and, if he is a recruit, the terms, names and nature of his employment, etc., shall be recorded by the master of the vessel and produced for inspection upon request. Whenever, in Ceylon, a third-class passenger ticket is issued to a native of Ceylon or India for any of the ports especially designated (i.e. designated as approved ports by publication from time to time in the Government Gazette), it shall be the duty of the person issuing it to report the issue of such ticket to the nearest police station. In the law of Gambia, the passenger list is restricted to "deck" passengers (which is interpreted to mean native labourers under contract for service outside the British Dominions or territories in and over which the British Government has jurisdiction). There are certain further provisions relating to such contracts for foreign service. In Gambia and Sierra Leone, it is the duty of any Magistrate, before whom any contracts for foreign service have been entered into, to furnish the senior officer of police at the port of embarkation with a list of the persons so engaged, and the officer shall superintend their embarkation. The master of the ship in question must permit the 276 THE DEPARTURE OF EMIGRANTS superintending officer to go on board and afford him all proper facilities for the carrying out of his work. Similarly, in Nigeria, the Magistrate must furnish the head officer of police with such a list, and the officer shall superintend the emigration of such persona, and must check the names of the persons about to embark with the lists so furnished. In the Leeward Islands, under the provisions of the Recruiting of Emigrants Act, 1921 (sections 10 and 11), it is the recruiting agent who furnishes the list of emigrants. (Ceylon : Emigration Ordinance, 1917, section 7, (2), (4); Gambia : Native Labour (Foreign Service) Ordinance, 1913, sections 9 and 18; Gold Coast : Regulation of Employment Ordinance, 1921, section 30; Hongkong : Asiatic Emigration Ordinance, 1915, section 33; Jamaica : Emigrants Protection Act, 1924, section 15 (2) ; Leeward Islands : Recruiting of Emigrants Act, 1921, sections 10 and 11 ; Nigeria : Native Labour (Foreign Service) Ordinance 1916, sections 21 and 22; Solomon Islands : Solomons Labour Regulations, 1921, section 2, (1); Straits Settlement : Passengers Restriction Ordinance, 1919, section 6, and Passengers Restriction Ordinance, 1926, section 2: Windward Islands : Saint Lucia, Emigrants Protection Ordinance, 1916, section 8, (2), Saint Vincent, Emigrants Protection Ordinance, 1924, section 8, (2).) GREECE.—In order to facilitate the supervision of travellers and the checking of the total sum of money received for the sale of passages, the shipowners and the agents must send in monthly a list of the persons to whom they have issued tickets, classifying under emigrants, other Greek passengers and foreign passengers. (Act of 24 July 1920, section 20.) HAITI.—The Act of 23 January 1925 obliges the shipping companies to furnish the port officers at the time of sailing of every ship leaving the port of Haiti with a list in duplicate of all the passengers, giving the name, age, nationality, occupation, and place of residence in Haiti of each passenger. ITALY.—The master of the ship is obliged to furnish to the emigration authorities a list of the emigrants and other passengers carried. This list is filed by the Inspector of Emigration. J A P A N : Korea.—When an emigration agent sends off the emigrants recruited by him, he must furnish to the Minister of the Interior, and to the Japanese authorities under whose jurisdiction the place of destination lies, the names of the emigrants whom he is sending. If one of the emigrants changes his address, the representative of the emigration agency abroad must inform the Japanese authorities of such change of address. Twice a year a summarised report regarding the emigrants with whom he has had to deal (emigrants transported, repatriated, deceased) must be furnished by the emigration agent to the Ministry of the Interior. (Regulations under the Emigrants Protection Act, 1906-1908, sections XIV-XVI.) MEXICO.—Before obtaining his clearance papers, the master of the ship must hand to the emigration authorities his passenger list, with full details as to the name, age, civil status, nationality, origin, and destination of each passenger. Aircraft conveying passengers to destinations abroad have to comply with the same requirements. (Act of 12 March 1926, sections 76 and 77.) NETHERLANDS.—Four hours before the sailing of an emigrant ship, the owner of the ship, or his agent, must make a statement to the office of the Supervising Committee as to the number of emigrants •carried. Further, the shipowner must transmit to the Supervising Committee COMMUNICATION OF LISTS OF EMIGRANTS 277 within three days of the departure of the ship, alisi, signed by him, showing : the surname, Christian names, age, sex, occupation and last residence of emigrants who are on board the ship, the name of the ship, the name of the captain and the destination. If, subsequent to this declaration, the ship has any communication with land, the Committee have the right to demand t h a t within a specified period the shipowner shall prove the accuracy of his statement or add the names of emigrants who left the ship and the names of those who embarked a t the last moment. (Transport of Emigrants Act, consolidated in 1869, section 16, and Regulations concerning the application of the Act, section 32.) NORWAY.—The agents have to send to the authorities some days before departure a list signed by them of the emigrants to be transported by them, together with the transport contracts also signed, the latter having to be collected from the passengers against provisional receipts. (Regulations regarding the Supervision and the Transport of Emigrants, 18 December 1899, section 8.) POLAND.—At the ports of Danzig and Gdynia the companies licensed in Poland for the transport of emigrants must furnish to the representatives of the Emigration Office within three days after the sailing of a ship carrying emigrants, a list of all the passengers which the company contracted to carry, regardless by which class they are travelling. At transhipment ports abroad a list must be handed to the representative of the Emigration Office, or, in the absence of such an official, to the Polish consul, containing the names of the passengers who have just left Poland, and those of all Polish nationals, whatever their last place of residence. (Model Licence for Transport Undertakings, 1925, section 22.) PORTUGAL.—Emigration agents or the consignees of the transport undertakings are obliged to report to the emigration authorities in good time the probable number of emigrants who will embark on each ship, in order t h a t the Commissioner of Emigration may, if he thinks fit, appoint an inspector to accompany the emigrants. After this, and before the sailing of the ship, they must deposit in the Emigration Inspection Office the official list of the passengers who will embark, and the documents in which the emigration of each person has been authorised. In addition, they must remit every month a list of the emigrants who have sailed during the preceding month. When once the lists have been deposited, the masters of ships may not permit any other Portuguese passengers to come on board, even on the high seas, except in the case of shipwrecked persons. Further, the master of a ship is obliged to remit to the Portuguese consul, a t the nearest place to the port a t which he has landed any Portuguese emigrants, a list bearing their signatures. The purpose of the last mentioned regulation is to provide a basis for the calculation of the free repatriation tickets, which have to be issued by the transport companies in proportion t o the number of emigrants carried by them. (Decree of 10 May 1919, section 24, and Regulations of 19 June 1919, sections 66, 71, 82, and 102.) SPAIN.—Charterers of ships are obliged to transmit to the Spanish consuls a t the end of the journey either a list of the emigrants transported or separate forms from which the consular register can be compiled. The same list must also be remitted to the Directorate-General of Emigration. If the emigrants are accompanied by an iaspector, t h e responsibility of remitting these lists to the consul and the Directorate-General of Emigration devolves on him. The lists must contain the surname and Christian names, sex, age, place of birth, civil status, and occupation of every person entered as a n emigrant, and, in addition, the name of the ship, its nationality, and the country to which it is bound. Against the 278 THE DEPARTURE OF EMIGRANTS name of each emigrant listed it shall be stated whether he is able to read and write, and what is the number of his identity card (cartera de Identidad). Persons liable to military service, who are authorised to emigrate, must be mentioned on a special list, with an indication of their military position and the regiment to which they belong. (Consolidated Text of the Emigration Acts, dated 20 December 1924, section 31, and Regulations under the same date, sections 61 and 75.) SWEDEN.—Before the ship sails, a list of the emigrants carried must be remitted in duplicate to the police of the port. The following information must be included : name, place of birth, sex, age, occupation, destination. Any subsequent alterations to this list (deaths, etc.), must be noted either by the. master of the ship or by the ship's doctor, if the ship carries one. One copy of this list is returned to the ship's master after having received the official stamp, and must be handed by him on arrival at the destination to the Swedish consul, together with a supplementary list, should the vessel have taken further emigrants on board at a port of call, in accordance with the requirements laid down in these Regulations. If no measures are taken by the country of immigration at the port of disembarkation to check the emigrant passenger lists, the consul himself must come on board, to satisf3' himself t h a t the list produced tallies with the actual number of emigrants carried by the ship, and must send in a report on the matter to the Minister of Commerce. (Ordinance of 4 J u n e 1884, sections 43, 50 and 51.) SWITZERLAND.—Emigration agents must submit to the Department for Foreign Affairs a list of persons transported; the forms for this list are supplied free of charge to the agents, and must be sent in every month duly filled up. (Regulations of 10 July 1888, section 34.) U N I T E D S T A T E S O F AMERICA.—The master of every vessel taking passengers from any port of the United States t o any insular possession or foreign port is required to file with the immigration officials, before departure, a list giving information in relation to the following matters regarding all alien passengers and all citizens of the United States departing for a foreign country : calling or occupation; whether able to read or write; nationality; country of birth; country of which citizen or subject; race; last permanent residence in the United States ; time and port of last arrival in the United States. (Immigration Act, 1927 (section 12).) § 7.—Exit T a x e s Exit taxes are levied either on the emigrant himself or on the recruiter or the transport undertaking. I n t h e countries in which emigration funds exist, they are generally paid into these funds, of which t h e y form one of the principal sources. The taxes t o be paid b y the recruiters and the transport undertakings are dealt with respectively in Chapters VI and V I I ; for this reason all t h a t are given here are the existing taxes or fees t o be paid by emigrants. CHINA.—The taxes which emigrant workers have to pay to the Government before leaving Chinese territory must be levied by the Central Emigration Bureau, or by the branch bureau in the localities in which the workers are recruited. (Emigration Act, 21 April 1918, section 13.) E X I T TAXES 279 GREECE.—A special t a x is levied on each traveller purchasing a whole ticket1 for a whole berth for a destination abroad. I t is fixed at eight drachmas for a ticket to any place in Asia Minor or Egypt, and 20 drachmas for all other countries. The payment of this t a x must be made to the transport agents at the same time as the price of the ticket, the agents paying it into the Public Treasury. (Act of 24 July 1920, section 25.) ITALY.—The emigrant must pay a tax of 2 lire 2 as his contribution to the costs of the emigration services. (Consolidated Text of the Emigration Laws, 18 November 1919, section 15.) PORTUGAL.—According to Decree No. 5624, section 8, every Portuguese subject and every foreigner embarking at a Portuguese port for passage to a foreign port, or on a ship of any other nationality, must pay a tax of 5, 2.50 or 1.00 escudos 3 , according to whether he is travelling first, second, or third class. The shipping companies are responsible for collecting these taxes (section 24). The following persons are exempted from the payment of the tax : children under two years, shipwrecked persons, persons without means, repatriated persons, soldiers, Government officials travelling on business, and any other person travelling on an official mission. RUMANIA.—A t a x of 10 gold lei is levied for every individual permit to emigrate. I t is paid into the Emigration Fund. (Act of 11 April 1925, section 51.) 1 One drachma = approximately 0'7d. One lira = approximately 3 7d. 3 One escudo or 1 milreis = approximately 2 id. 2 280 THE TRANSPORT OF EMIGRANTS CHAPTER IX THE TRANSPORT OF EMIGRANTS The transport of emigrants takes place in some cases by land and in others by sea. Transport by sea is subject to particularly careful regulation, the explanation of which fact is that journeys by sea are usually longer, and that the companies are comparatively free to fix the conditions under which passengers are carried, while the railways, in most countries, are either State monopolies or are carried on by big companies under concessions, their management in either case being subject to public regulation of a detailed and fairly strict order. Further, even in national ports, transport by sea is often carried out by foreignowned ships, and in consequence is subject to laws with which the persons to be transported are inadequately acquainted. For all these reasons the attention of the public authorities was drawn at an early date, and on repeated occasions, to the maritime transport of emigrants. A number of older emigration laws, indeed, deal exclusively with trans-oceanic emigration, and fail to take into account interchanges of population between countries on the same continent, which were of minor numerical importance and took place under relatively easy conditions. Except in countries such as Switzerland, which, having no sea coast, were therefore obliged to deal earlier with transport by land as a preliminary to embarkation, the regulation of transport by land is generally a matter of recent date. § 1.—Regulation of Transport by Sea The question of the transport of emigrants by sea has occupied the attention of the authorities in countries of emigration and immigration from various points of view. Assistance of emigrants in relation to health during the trying journey across the ocean REGULATION OF TRANSPORT BY SEA 281 has in view, apart from its humanitarian side, the practical object of preventing the worker from arriving at his destination too weak t o obtain suitable employment cr to give the services required of him. As t h e sea voyage may be considered in some way as t h e connecting link between emigration and immigration, it represents common ground which m a y be covered by t w o or more sets of legislation at once, in all cases t h a t of the two countries principally interested, the country of origin of the emigrant and the country t o which he is going, b u t also in many cases t h a t of t h e countries traversed in transit, t h a t of the country from which embarkation takes place, and t h a t of the countries whose flag is flown by the ships of the transporting company. This complex situation often leads t o disputes t h a t are not easy t o settle between the various countries, which all claim t o make trans-oceanic travelling subject t o their laws. I t is this fact which has made it necessary, in the opinion of many, t o standardise the regulations by means of an international agreement. The legislation in force in the various countries of immigration will be analysed in Volume I I of this study, and the Conventions and treaties relating t o the transport of migrants in Volume I I I . I n this chapter the only measures which will be treated are those taken b y the countries in which emigrants sail or whose flag is flown by ships transporting them. A distinction may be drawn between the provisions relating t o ships intended for the transport of emigrants and those relating t o the supervision and protection afforded t o emigrants during their passage. (a) EMIGRANT SHIPS What are called "emigrant ships", are defined b y certain countries in accordance with varying criteria, and special regulations are applied t o them. I n those cases in which the emigrant ship is not defined, the transport of emigrants is placed under the general system of regulation of passenger ships, which system allows for variations according t o the tonnage of the ship and the number of passengers carried, sometimes also according t o the distance of, or the time taken by, the voyage, or its climatic conditions (tropical or temperate regions). Passenger ships 282 THE TRANSPORT OF EMIGRANTS have also t o comply with the conditions of seaworthiness laid down in the general enactments regarding merchant shipping. These various special and general enactments constitute a large agglomeration of requirements on different points ; the principal matters dealt with are : (1) The seaworthiness of the ships, as guaranteed b y their proper construction and the working order of their vital parts (hull, water-tight compartments, boilers, etc.), b y their stability (ballast and stowage, cargo, water-line, etc.), b y the sufficiency of their equipments (spare set of essential parts, life-saving apparatus, fire extinguishers, signals, wireless installations, etc.), a n d b y measures for t h e prevention of accidents (prohibition of t h e carrying b y passenger ships of inflammable or explosive substances or noxious gases). Periodic inspections are carried out t o ensure t h a t emigrant ships are kept in good condition in all these various respects. (2) The speed of the ships is tested in some countries, a minimum number of knots per hour being required for emigrant ships. (3) The capacity of the ships, so far as the number of emigrants t o be carried is concerned, is generally determined in relation t o their tonnage, t o the floor space of the steerage or t o a minim u m allowance of cubic space per adult emigrant carried; for the purpose of such calculations, two children below a given age (10-14 years according t o the country) are generally counted as an adult. (4) The equipment of the quarters allotted t o the emigrants is frequently the subject of very detailed requirements dealing with the situation of these quarters, the size of the berths, the composition of their bedding, and the distance between them, with the process of ventilation and the supply of fresh air, with sanitary equipment proportionate t o the number of passengers (wash basins, water closets, etc.) and with the provision of separate sleeping accommodation for women travelling alone and young children. (5) The medical equipment must include sick wards, t h e number of beds in which is proportionate t o the total number of passengers, and they must be furnished with such instruments and medical stores as are necessary for the medical treatment of the different kinds of illness which may occur. Some laws require the provision of isolation wards for infectious and for mental cases. 283 REGULATION OF TRANSPORT BY SEA (6) Finally, various emigrants arrangements to ensure the comfort of the are required b y some countries, such as refrigerators for t h e keeping of food a n d drinking water, etc. I t is impossible t o go i n t o all t h e manifold details of t h e enactm e n t s of t h e various countries on all these points. B y way of example a s u m m a r y is given of t h e regulations enforced b y Great Britain on these p o i n t s ; these apply t o all ships flying t h e British flag, whether nationalities. carrying British emigrants or those of other F o r this reason a d e p a r t u r e is m a d e from the alphabetical order, and Great Britain is placed a t t h e head of t h e extracts given. I n t h e case of t h e remaining countries all t h a t will be mentioned is : (1) t h e definition of a n e m i g r a n t ship, or, alternatively, the scope of application of t h e regulations relating t o t h e t r a n s p o r t of e m i g r a n t s ; (2) a reference t o t h e t e x t s containing t h e conditions laid down in regard t o accommodation a n d a n y exceptional requirements t o be found in t h e s e ; (3) t h e supervision carried out in each country. GREAT BRITAIN.—Definition. The Merchant Shipping Act of 1894 1 (section 268, (1)) states t h a t " t h e expression 'emigrant ship' shall mean every sea-going ship whether British or foreign and whether or not conveying mails, carrying upon any voyage, t o which t h e provisions of this part of the Act respecting emigrant ships apply, more than 50 steerage passengers or a greater number of steerage passengers in the proportion : (a) If t h e ship is a sailing ship, of one statute a d u l t 2 t o 33 tons of the ship's registered tonnage ; and (b) If the ship is a steamship, of one statute adult t o every 20 tons of the ship's registered tonnage ; and includes a ship which having proceeded from a port outside t h e British Islands, takes on board a t a n y port in t h e British Islands such number of steerage passengers, whether British subjects or aliens resident in t h e British x The provisions of the Merchant Shipping Acts (Great Britain) concerning emigrant ships apply to all voyages from the British Islands to any port out of Europe and not within the Mediterranean Sea. They also apply to a so-called colonial voyage, that is to say, to a voyage from any port in a British possession, other than British India and Hongkong, to any port whatever, where the distance between such ports exceeds four hundred miles or the duration of the voyage exceeds three days (section 270), except the provisions relating to contract tickets; Orders in Council regulating emigration from the British Islands or prescribing rules for promoting health, cleanliness, order und ventilation, passage brokers, emigrant runners and posting of abstracts from the Act. Where the duration of a colonial voyage is less than three weeks, the provisions relating to accommodation for steerage passengers, medical practitioner, stewards, cooks, cooking apparatus, and manning with an efficient crew, and maintenance of steerage passengers after arrival do not apply; nor do the enactments relating to the issue of provisions, except as to the issue of water, apply to any steerage passenger who has contracted to furnish his own provisions (section 365, (3)). 2 A statute adult is a person over 12 years of age or two persons between the age of 1 and 12. 284 THE TRANSPORT OF EMIGRANTS Islands as would, either with, or without the steerage passengers which she already has on board, constitute her an emigrant ship." Principal requirements of the Merchant Shipping Act applicable to merchant ships. An emigrant ship, in respect of which a passenger steamer's certificate is not in force, shall not clear outwards or proceed to sea on any voyage, unless she has been surveyed under the direction of the emigration officer a t the port of clearance, but at the expense of the owner or charterer thereof, by two or more competent surveyors to be appointed at any port in the British Islands where there is an emigration officer by the Board of Trade, and at other ports by the Commissioners of Customs, and has been reported by such surveyors to be in their opinion seaworthy and fit for her intended voyage. If any such surveyors report t h a t the ship is not seaworthy, or not fit for her intended voyage, the owner or charterer may, if he thinks fit, by writing under his hand require the emigration officer to appoint three other competent surveyors (of whom two at least must be shipwrights) to survey the ship a t the expense of the owner or charterer; and the said officer shall thereupon appoint such surveyors, and they shall survey the ship, and if by unanimous report under their hands, but not otherwise, they declare the ship to be seaworthy and fit for her intended voyage, the ship shall for the purpose of this part of the Act be deemed seaworthy and fit for t h a t voyage. A ship shall not carry passengers, whether cabin or steerage passengers, on more than one deck below the waterline. On emigrant ships, no greater number of steerage passengers may be carried on the lowest passenger deck than in the proportion of one statute adult to every 18 clear superficial feet allotted to their use, or on other passenger decks than in the proportion of one statute adult to every 15 clear superficial feet of deck allotted to their use. An emigrant ship shall not carry a greater number of steerage passengers on the whole than in the proportion of one statute adult to every 5 superficial feet of air or promenade space provided on a deck so open as not to be included in the tonnage and approved by the emigration officer, and this space shall not be counted or included in the area available for any other passengers. Each berth shall be conspicuously numbered. There shall not be more t h a n two tiers of berths on any one deck. The interval between the deck and the lower side of the berth immediately above it shall not be less than twelve inches. The interval between each tier of berths and between the uppermost tier and the deck above it shall not be less t h a n two feet six inches. The berths shall be securely constructed and of dimensions not less than six feet in length and twenty-two inches in breadth for each statute adult. Not more t h a n one steerage passenger, except in the case of children under the age of twelve years, shall be placed in or occupy the same berth. Berths occupied by steerage passengers during the voyage shall not be taken down until twenty-four hours after the arrival of the ship at the port of final discharge, unless all the steerage passengers have voluntarily quitted the ship before the expiration of t h a t time. The regulations also deal with the adequate protection of single women and women unaccompanied by their husbands while on board ship, providing t h a t they shall have satisfactory sleeping quarters in self-contained compartments divided off from spaces appropriated to the other steerage passengers, and t h a t when they are assisted passengers, a matron shall be appointed for every 25 such women (sections 9-16). Spaces shall be set apart in every emigrant ship for use exclusively as hospital accommodation for the steerage passengers, and these spaces together shall contain not less than 24 superficial feet for every 50 steerage passengers carried. In no case shall a single hospital contain less t h a n 48 superficial feet, or the total hospital space less than 96 superficial feet. Separate and sufficient hospital accommodation shall be provided for each sex where male and female passengers are carried. The spaces set apart for REGULATION OF TRANSPORT BY SEA 285 hospital accommodation shall be in or above the uppermost passenger deck, and shall be properly divided off from other living quarters. The hospital spaces shall be fitted with bed places and supplied with proper beds, bedding, and utensils, and shall be efficiently heated and ventilated. There shall also be provided at least one water-closet to each hospital or set of hospitals, and it shall be situated immediately adjacent to the hospitals. In the case of an infectious hospital, a full-sized bath with an ample supply of hot and cold water shall be provided. I n addition a dispensary shall be provided (fitted with all necessaries), and a full-length couch for the examination of patients. Every emigrant ship shall be provided with a t least five wash-basins for every 100 steerage passengers. I n addition, there shall be at least one washing trough for every 100 females and one for every 200 males. Every emigrant ship shall be provided with a t least one full-sized bath for every 100 females, and at least one full-sized bath for every 100 males ; half of the baths may be shower baths fitted in enclosed cubicles. Every emigrant ship shall be provided with a t least four water-closets for every 100 passengers up to three hundred passengers, and two water-closets for each additional hundred passengers beyond t h a t number. Urinals shall be provided at the rate of at least two urinals for each 100 male passengers up to 300, and at least one urinal for each additional hundred beyond 300. Waterclosets and urinals shall have an ample flush of water. Every emigrant ship shall be supplied with such provision for affording light and air to the passenger decks as the circumstances of the case and the conditions of the service intended may, in the judgment of the emigration officer a t the port of clearance, require. No part of the cargo, or of the steerage passengers' luggage, or of the provisions, water, or stores shall be carried on the lipper deck or on the passenger decks, unless, in the opinion of the emigration officer at the port of clearance the same is so placed as not to impede light or ventilation or to interfere with the comfort of the steerage passengers. The master of every emigrant ship shall issue to each steerage passenger an allowance of pure water and sweet and wholesome provisions of good quality, in accordance with the dietary scales (made under section 17 of the Act of 1906). He shall, on request, produce to any steerage passenger for his perusal a copy of this scale and shall post up copies of the scale in at least two conspicuous places between the decks on which steerage passengers may be carried. An emigrant ship shall not clear outwards or proceed to sea, if there is on board as cargo any explosive or any articles which are likely to endanger the health or lives of the steerage passengers or the safety of the ship, or animals (except on the conditions stated in the regulations). A duly authorised medical practitioner shall be carried where the number of steerage passengers on board exceeds 50, and. also where the number of persons on board (including cabin passengers, officers, and crew) exceeds 300. An emigrant ship shall not clear outwards or proceed to sea until a medical practitioner, appointed by the emigration officer at the port of clearance, has inspected all the steerage passengers and crew and has certified to the emigration officer, and that officer is satisfied, that none of the steerage passengers or crew appear to be by reason of any bodily or mental disease unfit to proceed, or likely to endanger the health or safety of the other persons about to proceed in the ship. If any such person is present the Emigration Officer shall prohibit the embarkation of that person, or, if he is embarked, shall require him to be relanded K Supervision, A ship fitted or intended for the carriage of steerage passengers as an emigrant ship may not proceed to sea until the emigration officer gives a certificate of clearance to the master declaring : (1) t h a t all 1 S t a t u t o r y Kules a n d Orders, 1907, No. 739, and 1917. No. 917. 286 THE TRANSPORT OF EMIGRANTS the requirements of the law have been complied with ; (2) t h a t the ship is in his opinion seaworthy, in safe trim, and in all respects fit for her intended voyage ; (3) that the steerage passengers and crew are in a fit state to proceed ; and (4) t h a t the master's bond has been duly executed 1. Every passenger ship, whether an emigrant ship or not, must be surveyed at least once a year. This survey is directed to ascertaining the seaworthiness of the vessel in every respect, and her fitness for the service for which she is intended, the limits within which she may ply and the number of passengers that may be carried. If the survey is satisfactory, a passenger certificate is issued for a period not exceeding twelve months. On the other hand, emigrant ships are subject to numerous special and additional requirements and cannot clear outwards on any voyage without a certificate t h a t all the requirements of the law have been complied with. A steamer holding a valid passenger certificate must, before the commencement of each voyage as an emigrant ship, be surveyed so as to satisfy the emigration officer t h a t the condition of the hull, machinery and equipment observed at the annual survey has been maintained and that, the life-saving appliances are sufficient for the numbers to be carried. Steamers which are not provided with valid passenger certificates must be thoroughly surveyed in accordance with the standard required for a foreign-going passenger certificate. A U S T R A L I A N M A N D A T E D T E R R I T O R Y : N e w Guinea.— Supervision. By the terms of the Native Labour Ordinance of 1922-1925, ships permitted to be used in the recruiting and transport of native labourers undergo inspection by the authorities before sailing, in order to ensure that they are seaworthy and that a certain minimum deck space is allotted to the native passengers. F R E N C H M A N D A T E D T E R R I T O R Y : Syria a n d Lebanon.— Construction and Equipment. The standard of equipment which has to be reached by ships used for the transport of emigrants is laid down in the model agreement attached to Decree No. 2975 of 4 December 1924 dealing with the transport of emigrants. Further, the Governments of the States comprised under the Mandate may make such additions as they consider desirable in view of local conditions. One copy of the model agreement is remitted (its receipt having to be acknowledged) to each of the shipping companies regularly licensed for the transport of emigrants (section 13). AUSTRIA.—Construction and Equipment. I n the Regulations of 27 June 1921, section 24, it is stated that ships used by the companies licensed for the transport of Austrian emigrants must be seaworthy and suitably equipped, be classed Al at Lloyd's or possess an equally high classification under another system. They must sail at a speed of at least 12J miles per hour, and comply with the requirements of the Mercantile Marine Code and with the other regulations of the countries whose flags they fly. BELGIUM.—Definition. According to the Order of 25 February 1924, sections 25 and 26, the following classes of ships are required to be inspected by the Emigration Service before beginning each voyage : (1) all seagoing ships sailing to transatlantic ports and carrying more than 50 emigrants; (2) all seagoing ships sailing to European ports and carrying emigrants on their way to embark in foreign ports. 1 The master ol an emigrant ship, together with the owner or charterer, or in the absence of the latter, another person approved by the chief officer of customs, roust sign a joint and several bond to the Crown for £2,000, or if the owner or charterer resides abroad for 5£,000, as a guarantee of the observance of the law. REGULATION OF TRANSPORT BY SEA 287 If, however, a ship is to transport less than 50 and more than 12 emigrants, these persons may apply to the Government Commissioner to supervise the food provided and the equipment of the ship, and to check the fulfilment of the conditions contained in the agreement of transport. Every undertaking contemplating the transport of emigrants must declare its intention to the Maritime Commissioner, the chief of the port services and also the Government Commissioner for Emigration, whose business it is to decide whether the ship should be made to comply with the requirements of the above-mentioned Decree and the Regulations. Construction and equipment. The general requirements governing ships calling at Belgian ports are laid down in the Act of 25 August 1920 and the Regulations in regard to its application issued on 8 November 1920; these allow no ship to proceed to sea until a certificate of its safe condition has been issued. Further, the Order of 25 February 1924 on the transport of emigrants states in minute detail what are the special requirements made in regard to ships used for the transport of emigrants (sanitary and medical equipment). These stipulations are stated to be made without prejudice to the regulations of the countries of immigration, some of which are more strict on certain points (section 27). Supervision. Should any alterations be made in the steerage accommodation, the shipowners must immediately make application to the Maritime Inspection Service for re-measurement. I t is also the duty of the Maritime Inspection Service to decide whether they consider the medical equipment to be suitable and sufficient. No clearance papers are to be given to a ship until this service has checked its compliance with the terms of the Regulations (sections 27-33 and 40). CZECHOSLOVAKIA. Construction and equipment. The Emigration A c t of 15 F e b r u a r y 1 0 2 a s t i p u l a t e s t b a t t h e t r a n s p o r t of e m i g r a n t s b y sea may only take place in ships specially set apart and appropriated for this purpose, and adequately organised, equipped, and provisioned for the voyage to be taken. Separate accommodation must be provided for emigrants of the two sexes. The Regulations issued under this Act on 8 June 1922 require that national and foreign ships used for the transport of emigrants must conform to the requirements of Czechoslovak law in the matter of life-saving apparatus carried and the sanitary conditions on board. Supervision. The condition of the equipment of the ships must be inspected by the police authorities of the port of departure and by the consuls in foreign ports where Czechoslovak emigrants embark. DENMARK.—Definition. The following classes of ships are considered as emigrant ships and have to comply with the regulations concerning them : (1) all sailing or steam ships, Danish or foreign, intended for the transport of more than 25 emigrants between Danish ports and ports outside Europe (Act of 1 May 1868 and Regulations of 28 March 1870 (section 38)) ; (2) every Danish or foreign ship carrying emigrants between Danish and foreign European ports, if the vovage takes more than 24 hours (Act of 25 March 1872). Construction and equipment. The general requirements with regard to navigation are laid down in the Act of 13 February 1890 and the Regulations under it of 13 March 1902, as well as in the subsequent Acts (14 May 1909, 3 January 1911) which deal in particular with safety conditions. But before these requirements had been formulated, the Transport of Emigrants Act of 1 May 1868, supplemented by the Regulations of 28 March 1870, the Amending Act of 25 March 1872, and the Decrees Nos. 107 of 21 July 1899 and 145 of 9 September 1903, had laid down special requirements for emigrant ships, dealing with the number of passengers and the equipment of the ships from the point of view of comfort and sanitation, the separation of the sexes, etc. 288 THE TRANSPORT OF EMIGRANTS Supervision. No emigrant may be taken on board until the ship has been inspected by a marine construction expert and a boiler construction expert, who shall examine into the seaworthiness of the ship and give a certificate to this effect. This inspection is carried out at the expense of the transport undertaking. FRANCE.—Definition. According to the Decree of 9 March 1861, section 6, every ship which takes 40 emigrants on board is classed as being specially set apart for emigration. Nevertheless, an emigrant who has to be transported by a ship carrying less than 40 emigrants has the right to apply to the Commissioner for Emigration for his intervention in regard to the quality and quantity of the food provided and the conditions of the contract. Construction and equipment. The regulation of the transport of emigrants as contained in the Act of 18 July 1860 and in the Decree of 15 March 1861 has to some extent become a dead letter, its place being taken by recent and very detailed legislation regarding merchant shipping and navigation in general. The Act of 17 April 1907, supplemented by the Regulations for its administration dated 21 September 1908 and the Decree of 6 April 1923, determines the conditions in regard to construction, seaworthiness, working order, and equipment from the point of view of comfort and sanitation, with which passenger ships have to comply. Supervision. No ship may be taken into use until it has undergone inspection and has been awarded a sailing permit. Inspection takes place subsequently on an annual basis to ensure that the ship is in good condition. The same requirements have to be observed by foreign ships which take passengers on board a t a French port. GERMANY.—Definition. According to the Act of 9 J u n e 1897, the term "emigrant ship" applies to all vessels sailing to overseas ports and capable of transporting a t least 25 persons exclusive of cabin passengers. Construction and equipment. The conditions with which these ships have to comply are laid down in the general regulations for merchant shipping (Act of 7 June 1902 and Regulations of 13 March 1903) as well as in the Regulations under the Emigration Act of 14 March 1898 which determine the special conditions required to be complied with by emigrant ships in regard to equipment, to provisions and stores carried, to medical service, and to safety and sanitary measures and the observance of propriety. Supervision. The company undertaking the transport of emigrants and the master of the ship are answerable for the seaworthiness of the ship of which they make use for the transport of emigrants, as well as for its proper equipment and provisioning. An inspection takes place on every voyage. I t is carried out by the Port Commissioner, an official appointed by the State Government (Landesregierung). GREECE.—Supervision. According to the Emigration Act No. 2475 of 24 July 1920, section 14, every ship intended for the transport of emigrants must undergo inspection in Greece before it is taken into use, for the purpose of ascertaining whether it is really adapted, according to the terms of the merchant shipping laws, for its special purpose, and, in particular, whether the space reserved for emigrants is sufficient and whether the equipment of their quarters complies with the requisite standard of sanitation and comfort. Subsequently a further inspection is made on each of the ship's voyages before it leaves the Greek port. HAITI.—Construction and equipment. Ships permitted to carry emigrants must be ascertained to be seaworthy, adequately provided with safety apparatus, and so equipped as to ensure the comfort of the passengers. The number of passengers who may be carried is determined according REGULATION OF TRANSPORT BY SEA 289 to the tonnage. If this number is exceeded, a fine can be imposed, jointly and severally, on the captain and on the shipowner or the agent of the shipping company, and the captain can be sentenced to a term of imprisonment. Supervision. No vessel may be permitted to carry emigrants until the captain of the ship and the shipowner, charterer or agent have obtained a certificate of its compliance with legal requirements, after an inspection by the maritime authorities at Port-au-Prince. The certificate holds good for a period of six months dating from the day of issue, unless it should be invalidated later by reason of some breach of the Regulations. (Emigration Act of 28 February 1924, sections 15 and 16, and Supplementary Act of 16 April 1924, section 4.) HUNGARY.—Construction and equipment. The 1909 states that the transport undertaking and the are jointly responsible for carrying emigrants in vessels regulations in the matter both of their equipment and stores carried by them (section 27). Emigration Act of captain of the ship complying with the and the provisions INDIA.—The Indian Merchant Shipping Act of 1923 contains detailed statements on the conditions required to be fulfilled by passenger ships in general (sections 125-145), by ships carrying steerage passengers (section 146), and by native passenger ships (sections 147-192). Definition. Certificates of survey as passenger ships are required for all steamships carrying more than 12 passengers between an Indian port and a foreign port. The requirements of sections 332-335 of the Merchant Shipping Act of 1894 are applicable to ships carrying steerage passengers between the ports of Calcutta, Madras, and Bombay and (a) the British colonies of Mauritius, Jamaica, British Guiana, Trinidad, St. Lucia, Grenada, St. Vincent, Natal, St. Kitts, Nevis, and Fiji; (b) the French colonies of Réunion, Martinique, Guadeloupe and its dependencies, and Guiana; (c) the Dutch colony of Guiana; (d) St. Croix; (e) in the case of native passenger ships, from any port in British India to the Straits Settlements, to the Protected Native States adjoining the Straits Settlements, to Australia, and t o ports in the Red Sea, Gulf of Aden or Persian Gulf, and on the East Coast of Africa. The sections regarding native passenger ships are stated to apply to all Indian subjects both within, without, and beyond British India. These special requirements do not apply normally to any steamship not carrying as passengers more t h a n 60 natives of Asia or Africa to or from any port in British India ; but a Local Government may, with the previous sanction of the Governor-General in Council, declare them to apply to sailing ships carrying more than 15 natives of Asia or Africa or to steamships carrying as passengers more t h a n 30 such persons. Construction and equipment. ' I n addition to the requirements imposed on ships carrying steerage passengers (Merchant Shipping Act, 1894, sections 332-335), which are the same as in Great Britain, there are special requirements concerning the equipment of native passenger ships. The accommodation provided and the provisions and stores carried by these ships must be suited both to the length of the voyage, and whether it is taken " i n seasons of fair or foul weather". There are special regulations concerning long voyages, i.e. those of a duration exceeding 120 hours, and voyages taken in seasons of foul weather, particularly in regard to the amount of deck space available for each native passenger. Supervision. Passenger ships may not put to sea unless the master is in possession of a certificate of survey, which certificate is issued by the Local Government after inspection by special officials entitled surveyors. The owner, master, or officers of the steamship shall afford to the surveyor all reasonable facilities for a survey of the ship and its machinery and equipment. The surveyors shall also decide the number of passengers of 20 290 THE TRANSPORT OF EMIGRANTS various classes which it is fit to carry. The fee for the survey shall be paid by the master or the owner. The period of validity of a certificate of survey is one year, unless the surveyor has certified t h a t any given part of a ship will require re-inspection before the expiration of t h a t period, or unless it is cancelled or suspended by the Local Government. The certificate must be affixed in a conspicuous part of the ship. The owner and the master shall each be punishable if the ship carries a number of passengers greater than t h a t set forth in the certificate of survey, the fines imposed being proportionate to the number of excess passengers carried. The certificate of survey granted by a foreign country shall be accepted if attested by a British consular officer. A native passenger ship may not embark or discharge passengers in any ports other than those appointed in this behalf by the Local Government. The master, owner, or agent of a native passenger ship must give notice to the Local Government of its destination and the proposed time of sailing, in order t h a t an inspector may come on board before the ship departs or proceeds on her voyage. Two certificates must be held by the master : one (Certificate A) stating that the ship is seaworthy, and is properly equipped, fitted and ventilated, and giving the number of native passengers it can carry ; and the other (Certificate B) stating the voyage the ship is to make, t h a t it has the proper complement of officers and seamen, and t h a t food, fuel, and pure water according to the prescribed scale have been placed on board. The inspection takes place at the expense of the master or owner, the certificate being granted following the same if the state of the ship is satisfactory. ITALY.—Construction and equipment. The Emigration Act No. 23 of 31 January 1901 and the Regulations for its application of 10 July 1901, together with the Decree of 14 March 1909, lay down in great detail the conditions for the transport of emigrants by sea and make special requirements for the equipment of emigrant ships. Supervision. In addition to the inspection which has, in accordance with the Mercantile Marine Code, to be undergone by all ships in order to ascertain the condition of the hull, machinery, and all other apparatus, every ship intended to be used for the trans-oeeanie transport of emigrants is subjected to preliminary inspection to ascertain whether it has been fitted out in accordance with the requirements of the emigration regulations. Following this inspection a special certificate is issued. The Legislative Decree of 1 May 1924 stipulates t h a t every emigrant ship can have its licence withdrawn at any time if it is found no longer to conform to the required conditions. After twenty years of service it must be laid off. Nevertheless, the period of validity of its licence can be prolonged by five years if the maritime authorities are satis fled, after inspection, that it still complies with the required standard of comfort and hygiene. A Decree of 27 January 1925 set up a Permanent Commission, presided over by an inspector-general of the Royal Navy, the terms of reference of which are to keep constant watch over the condition of ships used for the transport of emigrants, to examine the reports of the travelling Royal Commissioners and to make a classification of these ships by categories for the purpose of fixing proper prices, and, finally, to exercise control over shipbuilding. According to the report of the Commission, satisfactory criteria were laid down by a decision of 10 August 1925 to serve as the basis of classification of emigrant ships ; these are : (1) the speed of the ships, and (2) their fitting up in relation to available accommodation for sleeping purposes, the service of meals, etc. JAPAN.—Definition. According to the Emigrants Protection Act, REGULATION OF TRANSPORT B Y SEA 291 1896-1907, a ship is regarded as being a n emigrant ship if it carries a t least 50 emigrants (section X X , (2)). Construction and equipment. The Japanese legislation regarding the merchant marine contains detailed regulations concerning the safety of ships. Supervision. Ships undergo periodical inspection of a technical character. MEXICO.—Supervision. No ship may depart from a Mexican port unless it has undergone inspection by the migration authorities and has received permission from the same to proceed to sea. (Act of 12 March 1926, section 74.) NETHERLANDS.—The requirements with which ships carrying emigrants have to comply were laid down in the Act of 1 J u n e 1861, amended by that of 15 July 1869, and in the Orders relating to their application of 27 November 1865, 30 September 1869, and 21 July 1875. Definition.—The requirements concerning emigrant ships do not apply to : (1) ships sailing to non-European ports and carrying less than 20 emigrants, exclusive of cabin passengers; (2) ships sailing to European ports and carrying less than 10 emigrants, exclusive of cabin passengers; (3) any ships which are not seagoing vessels (section 27 of the aforementioned Act). Steamships engaged in a regular service between a Netherlands port and another European port are subject only to the requirements relating to certain sanitary precautions on board ship, and to the number of passengers to be carried (section 29 of the Regulations). Construction and equipment. The various Acts and Decrees cited carefully prescribe the standards of safety, preservation of health, and comfort to which emigrant ships have to conform, and the provisions and other stores to be carried. A supplementary statement of the conditions of seaworthiness required has been subsequently made in the general regulations laid down in the Shipping Act of 1 July 1909, and the amending Act of 23 September 1912. Further, the transport brokers are free to comply with the requirements of the port of destination, provided that they do not thus fall below the standard required by the Netherlands in regard to the fitting and equipment of emigrant ships (section 28). Supervision. Whenever a passage broker has fitted out a vessel for the conveyance of emigrants, he shall give notice of the fact to the Supervising Committee in the district where the passengers are to be embarked, his declaration containing the name of the ship, the place of destination, the name of the master, and the number of emigrants whom he undertakes to convey. No ship carrying emigrants is permitted to leave the port without producing a written declaration signed by the Supervising Committee stating t h a t he has fulfilled the requirements of the port officials. Colony : Curaçao.—Construction and equipment. Ordinances have been passed which regulate in minute detail the safety and sanitary conditions under which sailing ships and small steamers carrying more than 10 emigrants may put to sea from the colony. NORWAY.—Construction and equipment. The Act of 9 June 1903 concerning the navigability of ships dealt with their inspection, particularly in regard to the carrying of passengers. The amending Act of 8 August 1908 contained supplementary provisions in the matter of safety conditions, the sanitary requirements for the passenger accommodation (determination of the maximum number of passengers and the minimum standard of comfort, sanitary arrangements, etc.). Various instructions (19 January, 1 May, 27 August, 17 November 1909) give further details under these heads. The requirements have been further supplementary by the Act of 17 July 1916. 292 THE TRANSPORT OF EMIGRANTS Supervision. Every ship carrying more than 12 passengers undergoes inspection by the maritime authorities. POLAND.—Construction and equipment. Licences for the transport of Polish emigrants are granted only to companies whose ships ply from the Polish ports on the Baltic, or, in exceptional cases, and for transport to South America, to companies taking passengers on board at Mediterranean ports, provided t h a t the conditions under which emigrant passengers are carried are not inferior to those given by the companies embarking passengers a t other European ports. (Act of 14 December 1925.) According to the text of the licences granted in 1925 for transport undertakings (sections 15 and 16), companies authorised to carry emigrants may not utilise for their conveyance any other ships than those which they have reported to the Emigration Office as being intended for this service. The reports concerning the use of these ships must be accompanied by detailed information regarding their equipment, and particularly regarding the situation and distribution of the emigrants' quarters, the space put a t the disposal of each passenger, etc. All the names of the different parts of steerage accommodation, the ship's regulations, etc., must be displayed in Polish, even if they are also given in another language t h a n t h a t of the company, t h a n French or English, or, if the ship is proceeding to South America, than Spanish or Portuguese. For ships proceeding t o Poland, if carrying returned emigrants, notices must also be posted in Polish l . PORTUGAL.—Definition. According t o t h e regulations under the Emigration Decree (19 J u n e 1919), the designation "emigrant ship" applies to seagoing vessels intended to convey more than 50 Portuguese passengers to an oversea port in Portuguese or foreign territory. Construction and equipment. The Decree No. 12,383 of 27 September 1926 provides the necessary measures t o ensure t h a t all Portuguese ships, and particularly emigrant ships, comply with the conditions laid down in the matter of safety (solid construction, means of navigation, certificates held by the master and crew, safety appliances, etc.), the proper equipment of the passenger quarters, and the limitation of the fares charged and of the number of emigrants to be carried. Supervision. According to the aforementioned Decree, Portuguese ships are obliged, before putting to sea, to be furnished with a safety certificate guaranteeing t h a t their equipment is in conformity with the regulations. Foreign vessels must be furnished with clearance papers recognised by the Portuguese authorities to be of equal value, otherwise they will be subject to complete inspection. In all cases Portuguese authorities reserve the right to examine into the adequacy of the safety conditions mentioned in the foreign ship's papers, and particularly to ascertain t h a t the number of passengers is not exceeded (section 13). The Port Commissioners charged with this supervision have particularly to see to it t h a t no emigrant ship clears from a Portuguese port without having received the special certificate required for the transport of emigrants. Colonies.—Construction and equipment. The Decree of 14 October 1914 gives power to the Governor of each colony to issue such regulations as appear to him appropriate regarding the construction and equipment of the ships carrying natives recruited for work abroad or in another Portuguese colony. I n particular, the Governor shall have power to determine the number of natives to be carried by each ship, and the arrangements to be made for separation according to sex and age, and for medical attention, etc. (section 137.) 11 See also Supplement I. REGULATION OF TRANSPORT BY SEA 293 RUMANIA.—Construction and equipment. According to the regulations of 22 J u n e 1925, ships conveying Rumanian emigrants must conform, in the matter of their construction, sanitation, safety, and provisions and stores carried, with the conditions required by the national legislation of the country of the port of embarkation. They have to be supervised by that country (section 35). SERB-CROAT-SLOVENE KINGDOM.—Construction and equipment. Tickets for sea passages may only be issued in respect of ships which comply with the requirements laid down by the maritime authority in pursuance of the Ordinance of 15 December 1919. According to the Emigration Act of 1921, transport contracts must set forth the obligations of the transporting company in the matter of the minimum cubic space to be allotted to each emigrant (sections 11, 16, and 21). Supervision. Every steamship to be used for the embarkation of emigrants is subjected to preliminary inspection in regard to its suitability. SPAIN.—Construction and equipment. The consolidated text of the Emigration Acts (20 December 1924, section 46) requires that ships intended for the transport of emigrants shall comply with the Merchant Shipping Orders, and also with the special rules laid down in regulations in regard to their object, their place of destination, and the duration of the voyage. In connection with these provisions, the regulations of the Emigration Act of the same date lay down with care the conditions of sanitation and comfort with which these ships must comply (sections 103 to 115). I t is stipulated t h a t a ship which is to be used for the transport of emigrants must undergo a special inspection, to be carried out on board by the maritime authorities of the ports designated for the transport of emigrants. In particular it must make a trial trip of two hours a t an average speed of 11 miles, and it must be proved by incontestable documentary evidence that the ship maintained, during its last voyage, not more t h a n six months previously, an average speed of 10 miles. The Circulars of 8 and 23 J u n e 1926 further insisted on the necessity for the shipping companies to conform to the conditions laid down in regard t o the fitting and equipment of emigrant ships, and particularly on the necessity of their providing all ships with apparatus for keeping drinking water cooled to a maximum temperature of 15°. Supervision. An annual inspection of the condition of the equipment is carried out by a representative of the maritime authority, an emigration inspector, and a medical officer of either the Maritime or the Public Health Service. One certificate is handed to the master of the ship and another sent t o the Directorate-General of Emigration (sections 96-98). On the order of an emigration inspector, a fresh inspection can be made a t any time, if just cause can be shown, and the licence granted can always be cancelled if the results of an inspection are unsatisfactory (section 130). SWEDEN.—Definition. The Ordinance of 4 June 1884 laid down the regulations applicable to emigrant ships. According to sections 15 and 16 of this enactment, every ship carrying more than 30 emigrants to a country outside Europe is subject to these regulations. Construction and equipment. The terms of the aforementioned Ordinance, supplemented by the Ordinance of 23 December 1915, on the safe construction and fitting out of passenger ships in general, state with exactitude what is the method of calculating the number of passengers, what mechanical and other equipment is obligatory for these ships, what are the precautions to be taken against accidents a t sea, etc. Supervision. An emigrant ship may not leave a Swedish port until it has undergone various visits of inspection for the purposes of ascertaining 294 THE TRANSPORT OF EMIGRANTS whether all the legal requirements have been observed, including the requisite professional standing of the captain, the seaworthiness of his ship, its proper equipment, sanitary arrangements, etc. The number of emigrants that may be carried is calculated by the inspectors, and may not be exceeded. The inspection is carried out by the port authorities, and a certificate is issued after the inspection, if everything is in order. The cost of inspection has to be borne by the shipowner (sections 18-26 and 45-46). SWITZERLAND.—Construction and equipment. Transport by sea may take place only on the ships of the company designated in the contract concluded between the emigration undertaking and the emigrant. Such ships must hold a licence for the transport of emigrants, and to this end be so fitted out as to make it possible to separate the sexes. They must undergo police inspection at the port of embarkation. The space to which the emigrant is entitled for the use of himself, his family, and his luggage, must be clearly stated. (Act of 22 March 1888, sections 16 and 17.) (b) PROTECTION OF EMIGRANTS DURING T H E VOYAGE The protective activities of the authorities in the countries of emigration continue t o be exercised in regard t o the emigrants during their voyage, the authorities acting either directly, by means of administrative regulations, or entering into agreements with other countries concerned in this matter. Action of three different kinds can be distinguished. In the first place come rules and regulations of various kinds in regard t o the treatment of emigrants on board, directed towards ensuring the greatest possible measure of welfare for these persons. Merchant shipping or migration laws often contain exact requirements as t o t h e stores which have t o be carried (provisions, medicaments, disinfectants, etc.), b o t h by quantity per head and by quality. These rules often vary according t o the course of the ship (whether passing through tropical or temperate regions) or according t o the passengers carried, special diet having to be provided for young children, nursing mothers, or the sick. Fairly often t h e number of meals, with their composition, is stated exactly. Similar precautions are taken t o ensure t o the emigrants t h e necessary exercise, bed-clothes suitable to the climate of the regions passed through, a n d t h a t the quarters occupied by t h e m shall be adequately heated, or shall be kept below a given temperature. Further, there are generally prohibitions against the carrying on emigrant ships of dangerous or unhealthy cargoes, or sometimes of live REGULATION OF TRANSPORT BY SEA 295 animals, unless their stalls are adequately separated from the emigrant quarters. On the other hand, there are sometimes certain constraints imposed on the emigrants themselves by the authorities placed over them. They are, for instance, not allowed t o consume alcoholic liquors, t o smoke, or t o play games of chance, or are obliged to remain during the d a y in some particular part of the ship. In the second place, supervision is exercised in regard to the observance of the prescribed conditions. The supervision of the treatment of emigrants on board is, however, taken with various degrees of seriousness. Some countries consider t h a t inspection at the port of embarkation of the arrangements made for the voyage (checking of stores, etc.) is a sufficient guarantee, being a t the same time very simply effected. Other countries add subsequent inspections at the ports of call, in order t o make sure t h a t further passengers are not taken on board, as their presence would alter the allotment of space per head, and also the proportionate adequacy of the stores carried. Generally it is the consuls who have t o carry out this supervision. Inspection is also carried out by t h e m when the embarkation of emigrants of their nationality takes place from a foreign port. I n order t h a t it may be known what treatment is received by the emigrants, arrangements are also made for facilitating complaints by t h e m t o their national authorities, either by the entry of such complaints in a special book, which has t o be kept on board at their disposal, or by the forwarding of complaints from the persons concerned by the consuls a t the ports of call or disembarkation. On the other hand, and particularly in certain countries with large emigration, and from which the emigration by sea often has t o take place by ships belonging t o foreign companies, it has been« considered more satisfactory t o organise continual supervision throughout the voyage. This supervision was at first entrusted, as a subsidiary duty, to the ships' doctors specially charged with the care of the emigrants (Denmark, Act of 1870). Recent enactments require the appointment of special officials, entitled emigration inspectors, travelling on the ship, whose d u t y it is t o see t h a t the Emigration Acts are complied with during the voyage, and t h a t the emigrants are properly treated. 296 THE TRANSPORT OF EMIGRANTS However, these emigration inspectors are often (Spain and Italy) selected from among thé naval medical officers so that they will be able, in addition to exercising what has now become their main function, to give medical attention to the emigrants. The emigration inspectors, whether doctors or not, have to settle, as far as possible, any disputes which may arise between the emigrants and the ship's officers, and, in cases where their intervention may have been insufficient, to forward to the competent authorities of the country the complaints made by the persons concerned. They usually have to draw up a report as to the circumstances in which they have to take action. The inspection of emigrants on board ship by their country of origin having sometimes led to a number of inspections taking place on a single ship carrying emigrants of various nationalities, a draft international Convention was drawn up in May 1926 by the International Labour Conference for the simplification of this inspection; bilateral treaties have also been concluded on this subject (see Volume III, Chapter VI). A third method of protection during the voyage consists in making rules in regard to the staff which the companies must engage at their own expense for the special benefit of the emigrants. This staff may be divided into medical staff, interpreters, kitchen staff, and guides. The medical staff for attendance on the emigrants often have to be separate from the general medical services on board, both on the outward voyage and on the return voyage, if the ship is carrying returned emigrants. In addition to a doctor for the emigrants, hospital attendants and nurses often have to be carried, generally in a number proportionate to that of the emigrants under their care. Certain countries require foreign companies holding licences for the transport of emigrants of their nationality to engage medical staffs of the nationality of the emigrants whenever the number of emigrants of the nationality of the country in question reaches a certain figure, or even whatever be the number of these emigrants. Countries of emigration often require foreign transport undertakings which have obtained licences for the transport of emigrants of their nationality to carry interpreters. Special kitchen staff for the emigrants, proportionate to the number of these passengers, and, in the case of certain countries, REGULATION OF TRANSPORT B Y SEA 297 of t h e same nationality, sometimes have t o be engaged, together with a sufficient number of cleaners for t h e quarters allotted t o t h e emigrants. Finally, t h e requirement is sometimes made t h a t guides, paid b y t h e emigration undertaking or t h e transport company, should be carried t o assist emigrants for whom the undertaking or t h e company had accepted t h e responsibility during transhipment, or in a n y other practical difficulties which t h e y m a y encounter during t h e voyage. I n setting forth the various national requirements concerning protection on board, we shall classify t h e m under the following s u b - d i v i s i o n s : treatment on board, special staff for emigrants, and supervision. AUSTRALIAN MANDATED TERRITORY : New Guinea.-Special staff. Every ship licensed for the transport of more than 100 natives must have on board one person capable of giving first aid to the injured or sick. (Native Labour Ordinance, 1922-1925.) Supervision. Inspection must take place before departure of ships permitted to carry native labourers, in order to ascertain whether the stores and provisions carried, including drinking water and medicaments reserved for the natives, are sufficient in quantity. AUSTRIA.—Treatment on board. The Regulations regarding transport companies of 27 J u n e 1921, sections 25 and 26, contain a list of requirements in regard to sanitation, to the comfort of passengers, and to the stores and provisions carried, with which emigrant ships must conform. Special staff. On every ship carrying Austrian emigrants, the shipping company must employ, a t its own expense, one interpreter speaking the German language. Supervision. The same Regulations stipulate in section 29 that, in order to make it possible for the representatives of the Austrian Government to ascertain whether the requirements of the aforesaid Regulations are complied with on board, t h e transport companies must give free passage every year to three persons t o be appointed by t h e Austrian authorities, the choice of the class by which these delegates travel and the choice of the ship being left t o their discretion. BELGIUM.—Treatment on board. The Regulations of 25 February 1924 contain, in sections 25 to 39, detailed requirements regarding the provisions t o be carried, which provisions are t o be provided by the emigration undertaking but handed over to the captain (special diet for infants and nursing mothers, strengthening wines for the sick, lemons for tropical passages, etc.); also the daily rations t o be served out to t h e emigrants. Special staff. Emigrant ships must have on board one capable cook per 100 emigrants (section 34). The medical staff on board must give free attention t o t h e emigrants (section 29). The Emigration Commissioner may also require that an interpreter with a knowledge of the native language of the emigrants shall be carried (section 15). Supervision. The inspection of provisions and stores is carried out by the maritime inspection services a t the ports of embarkation and ports of call. Further, the Government is empowered, if it considers proper, to 298 THE TRANSPORT OF EMIGRANTS send with every party of emigrants a special official, t o whom t h e company has to give free passage in the first class (section 7). CZECHOSLOVAKIA.—Special staff. Ships to be used to transport Czechoslovak emigrants must have a doctor on board. . I n the parts of t h e ship in which the emigrants are accommodated there must be a supervisor who speaks both the Czech language and that spoken by the captain and crew. The transport broker has t o see to it t h a t all parties of emigrants who are not specialty conducted are met a t the port of embarkation by his agents, who may not leave the emigrants until the ship sails. These guides must be provided with badges or other distinct signs and with official identity papers. (Act of 15 February 1922, sections 25 and 31, and Ordinance No. 170 of 8 June 1922, sections 34 and 36.) Supervision. The Czechoslovak representatives abroad, or the Emigration Commissioner where there is one, must be notified of the time of arrival of the emigrants both a t the port of embarkation and t h a t of disembarkation ; they have to see that the requirements concerning the equipment of the emigrants' quarters and t h e provision of food for them have been complied with. Further, on every ship carrying Czechoslovak emigrants a book must be kept available to the emigrants in which they can enter any complaints they may have to make regarding their treatment on board. Extracts from t h e Czechoslovak Emigration Act and the regulations issued under it must be displayed in a prominent place on the ship. In addition, if required by the Minister of Social Welfare, the transport undertaking licensed for the transport of emigrants is obliged to give passage in one of the ships carrying emigrants, a t least twice a year, t o an inspector appointed by the Ministry, whose duty it is to inspect the application of the provisions of the Act and the administrative orders issued under it. This inspector must receive free passage and maintenance on the outward and return voyages from the transport undertaking, travelling as a second-class passenger. If the ship does not return directly to the port of departure, the transport undertaking has to pay the travelling and maintenance expenses of the inspector back to this port. (Act previously mentioned, sections 25 and 31.) DENMARK.—Treatment on board. The Transport of Emigrants Act, 1 May 1868, the Regulations of 28 March 1870, the supplementary Act of 25 March 1872, and Orders No. 107 of 21 July 1899 and 145 of 9 September 1903 lay down carefully what provisions and stores have to be carried by emigrant ships. Special staff. If the ship carries no medical inspector, and if the captain does not speak fluently either Danish or Swedish, a person who speaks fluently one of these two languages, and who is appointed by the Chief of Police, must be carried as interpreter. (Regulations of 28 March 1870, sections 38, 40, and 47.) Every emigrant ship may also be obliged by the police authorities to engage, pay and maintain on board one trained nurse, whose services shall be exclusively a t the disposal of the emigrants, under the supervision of the ship's doctor. (Ordinance of 9 September 1903.) Supervision. An inspection is carried out a t the expense of the transport company by two competent persons. The list of provisions and stores taken on board is first presented to the police. After checking, the list is certified as being in conformity and signed by the expert inspectors. The police have power to reject any defective provisions on these being pointed out. Further, t h e inspection of emigrants on board is entrusted t o a doctor, who has to be set apart for the care of emigrants on every ship carrying more than 50. I n addition to his medical duties, this doctor has to supervise the observance of the requirements of the law included in the transport contract, during t h e course of the voyage. He must make a n enquiry REGULATION OF TRANSPORT B Y SEA 299 into any breaches reported to him or observed by himself, or else receive complaints made by emigrants and report the result of his investigations of the matter. If he considers a complaint to be well founded, he must make application to the captain. He has also to see to it t h a t passengers to a number in excess of the capacity of the ship are not taken on board a t ports of call, and that additional provisions and stores are supplied when additional passengers are embarked. Where a medical inspector is not carried, another official may be embarked; he shall accompany the ship as far as the last intermediary port of call, in order to carry out this particular supervision. If he cannot obtain from the captain proper compensation for loss or damage suffered by an emigrant, the medical inspector must, on arrival, report the matter to the Danish consul; he may take evidence on oath to confirm the facts reported in his log. If there is no medical inspector on board, the emigrants may appoint from among their number one person to keep a log-book, to make notes regarding the observance of the contract, and to report all observations made to the Danish consul on arrival. (Regulations of 28 March 1870, sections 38-40 and 47.) GERMANY.—Treatment on board. According to the Emigration Act of 9 June 1897, the emigration undertaking, together with the captain of the ship, is responsible for the carrying of proper provisions and stores by a ship conveying emigrants (section 33). In the schedule to the Regulations of 14 March 1898, lists are given of the medicaments and provisions which must be placed on board, as well as the quantities to be served out daily. Special staff. According to the Regulations of 14 March 1898, ships transporting emigrants must carry a medical practitioner approved by the emigration authorities for attendance on the emigrants, together with one or more medical attendants as the emigration authorities may think necessary in relation to the number of emigrants carried. The same authorities may require the engagement of a nurse (woman) for attendance on women and girls (sections 30 and 31). On ships carrying 100 emigrants there must be a t least one steward (Aufwärter) or stewardess (AufWärterin) for the steerage; if there are at least 50 women emigrants, a stewardess must be engaged; these stewards or stewardesses shall have as their sole work the cleaning and disinfection of the quarters occupied by emigrants (section 29). An experienced cook who speaks German fluently must be engaged for the special service of the emigrants; when their number exceeds 100, a kitchen helper is to be added (section 25). Supervision. Before a ship sails, inspection is carried out. by an official appointed by the Government of the State in which the port is situated; in particular, this inspection must be exercised in regard to the provisions and stores placed on board (section 34). G R E A T BRITAIN.—Treatment on board. The extracts from the Merchant Shipping Act which are given under heading (a) of this chapter contain certain provisions relating to the protection of emigrants during the voyage. With the addition of the following regulations, which are extracts of the instructions for the administration of the law, the requirements are complete. The master of every emigrant ship is bound to issue to the steerage passengers during the voyage provisions and water in accordance with the statutory dietary scale (Statutory Rules and Orders, 1908, No. 19), and the necessary amount of provisions and water to secure these issues must be placed on board the ship. I t is the duty of the Emigration Officer to satisfy himself that the provisions and water which have to be placed on board for steerage passengers are of good and wholesome quality and in a sweet and good condition, and that the quantities are sufficient. Proposals to vary 300 THE TRANSPORT OF EMIGRANTS this scale in special cases to suit foreigners must be submitted to the Board of Trade. The tanks in which the water is to be carried must in all cases be approved by the Emigration Officer. A proper supply of medical stores must be carried on all emigrant ships, and the Emigration Officer must be satisfied as to their quality and quantity. The ship cannot clear outwards unless a medical practitioner inspects these stores and certifies to the Emigration Officer that they are sufficient in quality and quantity, or, where this is not possible, unless the Emigration Officer gives written permission for the purpose. Two lists, including scales of medicines, medical stores and instruments, have been prepared by the Board of Trade, one for emigrant ships in the North Atlantic trade and another for all other emigrant ships. {Instructions relating to Emigrant Ships, pages 29-32.) Special staff. Every emigrant ship must be manned with an efficient crew to the satisfaction of the Emigration Officer. Where there are on board as many as 100 steerage passengers, there must be a seafaring person appointed as steerage passengers' steward, and another as cook. If there are more than 300 statute adults, there must be two cooks. The steward and the cooks must be rated on the ship's articles and be approved by the Emigration Officer. Foreign emigrant ships in which as many as one-half of the steerage passengers are British subjects must carry one interpreter when the number of steerage passengers does not exceed 250, and, where it does, two interpreters, unless a t least three officers can speak English intelligibly. These interpreters must attend exclusively on the steerage passengers and are not to be employed on working the ship. A duly authorised medical practitioner must be carried on an emigrant ship when the number of steerage passengers exceeds 50, and also when the total number of persons on board exceeds 300. (Instructions relating to Emigrant Ships, pages 9-13.) Colonies.—Treatment on board. The following British colonies include in their laws minute regulations as to the accommodation provided for emigrants on board ship, their food supply, their hospital supplies, etc. : Mauritius, Proclamation, No. 14, 2 April 1925 ; Straits Settlements, Passenger Steamer Rules, 1911. In Hongkong, according to the Asiatic Emigration Ordinance, 1915 (Schedule 6, section 6), the master of every emigrant ship being a British ship shall, during the whole of the intended voyage, make issue of provisions, fuel, and water according to the prescribed scale and shall not make any alteration, except for the manifest advantage of the emigrants, in respect of space allotted them or the means of ventilation, and shall not ill-use the emigrants or require them (except in case of necessity) to help in working the vessel ; and shall issue medicines and medical comforts as shall be requisite and shall call a t such ports as may be mentioned in the Emigration Officer's clearing certificate for fresh water and other necessaries ; and shall carry the emigrants without unnecessary delay to the destination to which they are bound. Special staff. In the Straits Settlements the Merchant Shipping Ordinance, 1926 (section 169), stipulates that every foreign-going passenger steamer carrying 100 persons and upwards shall carry on board a duly qualified medical practitioner. Supervision. I n Hongkong, according to the Asiatic Emigration Ordinance, 1915, after a notice has been given to the Emigration Officer t h a t the ship is laid on for the conveyance of emigrants, he or any person duly authorised by him may, at all times, enter and inspect the ship and the fittings, provisions, and stores therein. GREECE.—Treatment on board. The Act of 24 July 1920 provides that regulations of the Ministry of the Interior are to determine the arrangements to be made on emigration ships for feeding emigrants during REGULATION OF TRANSPORT B Y SEA 301 the voyage. The deposit made by the emigration agent is intended to guarantee the observance by the master of the ship of the legal requirements on this subject (section 24). Supervision. According to the same Act, section 10, a medical practitioner with the rank of Emigration Commissioner must be carried on board every ship having more than 25 emigrant passengers. He travels first class and his board is paid for by the emigration agent. He must receive a fee of 10 drachmas x per day which is paid to him by the competent agent of the emigration service before the ship sails. On every occasion on which he is obliged to remain on land, he receives a supplementary allowance of 20 drachmas per day. He is responsible for the protection of the emigrants and the carrying out of the legal requirements regarding emigration. He has also to give medical attention to the sick. INDIA.—Special staff. Ships carrying more than 100 native passengers must have on board a medical officer to give professional services to these persons. (Merchant Shipping Act, India, 1923, sections 184-188.) Supervision. Every ship carrying native passengers must be inspected on its departure a t the expense of the owner or master; a certificate must be granted by the officer of the Local Government to the effect that a sufficient quantity of provisions of the prescribed quality has been placed on board (section 155). Further, ships carrying more than 100 native passengers from a port in British India to a port in the Red Sea or vice versa can be subjected by the Local Government at the Indian port of departure t o a special inspection. Those sailing to or from a port in the Red Sea shall touch at Aden and shall not leave t h a t port without having obtained a clean bill of health (section 184). ITALY.-— Treatment on board. The Act No. 23 of 31 January 1901 and the regulations for its application, as well as the Decree of 14 March 1909 determine the provisions and stores to be placed on board emigrant ships. Supervision. According to the text of the Act of 13 November 1919 (section 7), every ship carrying emigrants to a n overseas port must have on board a Royal Commissioner appointed from among the medical officers of the Royal Navy, whose duties as laid down in the terms of the Act are to supervise the care of the sick and the observance of the enactments regarding emigration. This Commissioner performs the same functions on the return voyage, if the ship is sailing to a European port and carrying Italian steerage passengers. If the Commissioner's duties come to an end outside the Kingdom, for reasons depending on the free will of the transporting company, the latter has to provide the Commissioner with the return passage. The- Commissioners are paid from the Emigration Fund, to which the undertakings have to contribute their quota. They travel in the highest class existing on board the ship. According to the Regulations under date 1 July 1924, in which the Minister of Foreign Affairs laid down the duties of the Royal Commissioners on board emigrant ships, the Commissioner must be provided, in addition to his cabin, with a comfortable office, to which the emigrants may have access at any time, and the way to which is indicated in notices posted in the parts of the ship frequented by them. The Commissioner must wear a distinctive uniform or badge. The master of the ship must introduce him not only to the persons with whom he may have to do on board ship, but also to the employees of the shipping companies who may come on board on business and to the emigration or immigration officials of foreign countries. Notice boards are placed a t his disposal for the display of such communications as he may wish to make to the emigrants. One drachma = 0-7d. 302 THE TRANSPOET OF EMIGRANTS The Royal Commissioner must have in his office on board ship the text of Italian and foreign enactments in regard t o emigration and t o t h e rights and duties of emigrants in Italy and in the country of destination, as well as a number of reports on t h e country of destination and on protective work on behalf of emigrants abroad, etc. The list of publications is appended to the aforesaid Regulations. When required by circumstances, the General Commissioner for Emigration may provide the Royal Commissioner with a male or female assistant for t h e whole or part of t h e voyage. Either a petty officer of t h e Navy or a clerk in the Emigration Department or a nurse trained in its school may be appointed t o this post. Such assistants receive second class passages. On ships to which no Royal Commissioner is appointed, the ship's doctor shall draw up a brief report as to the most striking incidents occurring on the voyage, and this report is remitted a t the port of arrival to the Italian inspector of emigration. According to the Act of 1919, section 8 (d), regular inspection of emigrant ships also takes place a t the ports of call and a t those of arrival, being carried out by t h e emigration officials and those of the consulates. NETHERLANDS.—Treatment on board. The Decree of 27 November 1865, amended under date 30 September 1869 and 21 July 1875, lays down in sections 19 to 26 the treatment to be accorded to emigrants on board, both in the matter of meals and service and of t h e rules t o which their conduct on board ship has to conform. The Supervising Committee, in consultation with the doctor, should there be one on board, shall determine what is required to be on board for the nourishment and care of t h e sick. Special staff. There shall be on board a t least one experienced cook t o prepare the emigrants' meals (section 21). The carrier shall provide a competent doctor on every vessel fitted out for the conveyance of emigrants to any port east of the Cape of Good Hope or west of Cape Horn ; the captain must follow bis advice in matters relating to the health of the emigrants (section 18). Supervision. The provisions, after having been placed on board, shall be examined and approved by the Supervising Committee (section 22). During the voyage the provisions, before they are distributed, shall be examined arid approved by the master and also by the doctor, should there be one on board (section 21). POLAND.—Treatment on board. Foreign companies must bind themselves t o accord to Polish emigrants the same treatment as to those of t h e country whose flag their ships fly, and to conform to the requirements regarding emigration of t h a t country, should these requirements be more favourable to the emigrants than those contained in the Polish enactments. The daily rations of food and allowances of washing water must be reported to the Emigration Office, and notices giving this information posted in t h e Polish language on the ship, together with the times of distribution of hot water for making tea. The company must hand to each emigrant a leaflet containing in Polish all necessary information and instructions. (Model Licence for Maritime Transport of Emigrants, 1925, section 18.) Special staff. Among the officers and employees on board ship there must be some person capable of acting as an interpreter and appointed t o act in this capacity after examination into his capabilities by the Emigration Office. Among the medical staff there must be a t least one person able t o speak Polish. Supervision. According t o the Model Licence for Transport Undertakings, 1925, sections 20 and 21, the Polish consuls, or in certain cases the emigration attachés or their deputies, or in other cases representatives of the Emigration Office, have the right whenever they ask to do so to have REGULATION OF TRANSPORT BY SEA 303 intercourse with Polish emigrants on board ship, to have access to their quarters, to examine on the spot into complaints made by them, to act as intermediaries between them and the ship's officers, and to ascertain whether the accommodation, feeding, and general treatment of the emigrants on board conform to the terms under which the licence has been granted. A special representative of the Emigration Office may, a certain number of times each year, be sent to accompany emigrants ; his outward and return voyage, including his board, must be provided free of charge by the company and he must have free access to the emigrant quarters at any time. The number of voyages to be made on each of the lines is determined by the licences granted (for North America 10 direct crossings first class, 12 on the European line and 3 from the port of transhipment ; for South America 6 direct crossings first class and 6 second; 12 first-class passages to the port of transhipment and 6 first class and 6 second class from the port of transhipment to the port of final destination, etc.). PORTUGAL.—Treatment on board. The Decree No. 12383 of 27 September 1926 contains requirements in regard to the stores to be placed on board ships transporting emigrants, including provisions, medicaments, etc. Independent emigrants must receive the same treatment on these ships as t h a t accorded to emigrants under contract. Special staff. Portuguese ships intended for the transport of emigrants must have on board a doctor and proper arrangements for the nursing and treatment of the sick. Every foreign ship which has to carry Portuguese emigrants must have on board a Portuguese doctor, whenever it carries 25 or more Portuguese emigrants, and one Portuguese hospital attendant or woman nurse, as well as one steward or stewardess, for every 20-50 emigrants of one or the other sex. Ships not already having the special Portuguese staff required must make use of persons specially entered on the books of the authorities of the port of embarkation. Ships flying the Brazilian flag are, however, exempted from those requirements. The owners of foreign ships which are obliged to carry Portuguese medical and hospital staff are responsible for the maintenance of these persons during the outward and return voyage and for the payment of their wages or salary until their return to Portugal. (Decree No. 10684 of 7 April 1925, concerning assistance to emigrants on board foreign ships.) Supervision. Before receiving their clearance papers, emigrant ships have on each voyage to undergo inspection by the officials of the emigrant services who are accompanied by the harbour master, a medical officer of the Navy, and a customs official. I t is the duty of the emigration officers to ensure t h a t the various conditions imposed on emigrant ships as set forth in the Decrees, particularly in the matter of the provisions placed on board, are observed. On the other hand the regulations of 19 June 1919 (section 69) stipulate that shipping companies having on any single ship more than 500 immigrants are obliged to give a free outward and return passage to an official appointed by the General Emigration Department. In this connection the agents of the shipping companies have to make to the Commissioner-General for Emigration a declaration as to the number of passengers to be carried on the voyage, and he has then, within 48 hours after receiving the notice, to state whether he considers it necessary to send an official. Higher officials are given first-class passages, agents travelling second class. Colonies.—Treatment on board. According to the Decree of 14 October 1914, the master of the ship is responsible for the proper treatment of the emigrants on board. Should a native die during the voyage, the ship's 304 THE TRANSPORT OF EMIGRANTS doctor must give his word of honour whether the death is or is not due to the treatment he has received on the ship and particularly to improper diet or insufficient shelter while the ship was passing through a tropical region (section 139). The governor of each colony must issue appropriate regulations relating to treatment on board ship of natives recruited for another colony, and must in particular decide what provisions shall be placed on board for the voyage, and the clothing, bed-clothing and other luggage which the natives may bring on board (section 137). Every ship carrying native labourers must be furnished with at least sufficient blankets to be able to serve out two to each native. On arrival, these blankets must be disinfected. The master of the ship can be fined for neglect to carry out these requirements. According to the agreements concluded between Mozambique and the St. Thomas and Principe Islands on 14 November 1925, labourers recruited in Mozambique must be provided on the sea voyage with suitable and sufficient food to compensate for the drop in the temperature during t h a t part of the voyage in which the ship is sailing below latitude 22° (section 12). Special staff. Recruited natives must be accompanied by a n interpreter, to whom a third-class passage must be given. The interpreter may be dispensed with if a t least two of the natives embarked speak the language of the ship's nationality. (Decree of 14 October 1914, section 141.) Supervision. The Decree of 14 October 1914 stipulates t h a t the Government Commissioner must ensure the observance by the masters of ships of the legal requirements concerning the welfare of emigrants (section 145). Every ship carrying native passengers must give to the Curator-General free passage in the first class for any voyage which he may desire to make in order to ascertain for himself what treatment is accorded to the natives (section 150). According to the agreement concluded between Angola and the St. Thomas and Principe Islands on 28 April 1926, natives of Angola engaged for work in the island provinces must always be accompanied on the outward and return voyage by an official, appointed respectively by the Governments of Angola or of St. Thomas and Principe Islands ; the duty of this official will be to supervise the treatment given to the natives on board, to make any necessary complaints to the master and to present to the Government of the province to which the natives are going a report on the events of the voyage. The travelling expenses and salary of the person appointed as commissioner have to be paid by the Government which has made the appointment (section 35). Similar clauses are to be found in the agreement made between Mozambique and the St. Thomas and Principe Islands, dated 14 November 1925. RUMANIA.—Treatment on board. According to the Regulations of 22 June 1925, ships carrying emigrants must conform, in the matter of the provisions to be served out to the emigrants, with the requirements contained in the national legislation of the country in which the port of embarkation is situated. One special legal requirement is, however, made in the Migration Act of 11 April 1925, and that is that ships carrying Rumanian emigrants must provide special accommodation for women and young girls travelling alone, without extra charge (section 36). Supervision. When the number of Rumanian emigrants in a single party exceeds 50, the Minister may appoint some person to accompany them. The undertaking has to defray the cost of the first-class travelling fare of this person and his board and lodging on both the outward and return journey; such obligation cannot, however, be imposed twice in one year on the same undertaking. (Act of 11 April 1925, section 34.) RUSSIA.—Before each voyage the master of every ship must examine the stores placed on board, with the quality and quantity of the provisions, being assisted in this work by the ship's doctor, the latter official being REGULATION OF TRANSPORT BY SEA 305 further required to examine the arrangements made for the treatment of the sick and the medical stores. Supervision. When a ship anchors in a foreign port the master must allow free access to the consul or his deputy, and give them the opportunity of inspecting the provisions and medical stores placed on board, as well as of examining the papers carried by the passengers. Before the ship sails the master must inform the consul what is his next port of call and how many passengers he will pick up there. (Decree No. 560 of 20 March 1924, sections 43 and 48 and 236-253.) S E R B - C R O A T - S L O V E N E KINGDOM.—Treatment on board. The transport contracts given to emigrants must state what are the obligations of the transport undertaking in the matter of the serving of meals to emigrants on board. (Act of 30 December 1921, section 21.) The Regulations of the month of August 1022 and those of HI August 1924 set forth in detail the rations of food and allowances of drinking water t o which each emigrant is entitled. Special diet must be provided for young children and the sick. Supervision. The same Regulations require t h a t a book must be kept available to the emigrants on the ship in which to enter any complaints they may have to make against the licensed company (section 15). Further, every ship carrying more than 50 emigrants to a port overseas must give a free first-class passage with full board for the outward and return voyage to an official of the Emigration Services, who shall have the right during the voyage to inspect the accommodation and food provided for the emigrants and to examine all the ship's papers. He must ensure t h a t the emigrants are properly treated, that the sick receive proper attention and remedies, that special diet is served to the sick and young children and, generally, t h a t all the classes of the contract are fulfilled. He keeps a diary in which he enters any defects or omissions noted by him and any action taken by him to rectify them. (Act of 30 December 1821, section ] 6, and Regulations of 30 J u l y 1923, section 7.) SPAIN.—Treatment on board. Sections 116-122 of the Emigration Regulations of 20 December 1924 deal with the provisions and stores to be placed for the use of the emigrants on board the ships which transport them, as well as the daily rations to be issued; special mention is made of foreign ships. The wine must be Spanish grown, the bread must be served fresh, and the diet must include fresh meat five times per week; the bill of fare must be varied daily. The Directorate-General of Emigration has the right to determine in detail what provisions and stores shall be carried, according to the quality and quantity. Special staff. On foreign ships, whatever be the number of emigrants carried, the company must maintain and pay a Spanish hospital staff (doctor, male hospital attendant, and woman nurse) solely for attendance on the Spanish emigrants. This obligation is not removed by the presence on board of a doctor who speaks Spanish. Such ships must also engage a Spanish cook. (Regulations of 20 December 1924, sections 122 and 131.) Supervision. No emigrant ship, whether Spanish or foreign, may leave a Spanish port of embarkation before the provisions and stores placed on board have been inspected on behalf of the Directorate-General of Emigration. The master of the ship has, before the inspection takes place, to furnish an iüTciitory of these. (Regulations of 20 Decern Der 1924, sections 11 e and 117.) 1 Further, whatever may öe the numlM of emigrants embayed, the Directorate-General of Emigration has the right, up to six hours before the departure of the ship, to appoint an Emigration Inspector to accompany a ship licensed for the transport of emigrants; this inspector has the right to a free passage with board in accordance with his rank, so far as possible in the first class. He has to be given a return passage to Spain by the company, either by the ship on which he has made the outward voyage or 21 306 THE TRANSPORT OF EMIGRANTS by another. His salary is paid to him by the Directorate-General of Emigration a n d t h e amount debited to t h e shipping company concerned. (Sections 49 and 52 of the consolidated text, 20 December 1924, and section 126 of the Regulations under the same date.) Generally speaking, t h e functions of supervision and of general assistance to Spanish emigrants aTe entrusted to the doctor specially appointed for attendance on them. On Spanish ships, the medical staffs of which come under t h e general regulations concerning public health, it is t h e ship's doctor who must exercise these functions. Nevertheless, the Emigration Department has t h e right, if it thinks fit, t o order t h e embarkation of a medical officer of the Emigration Service. The Emigration Act makes it the binding duty of every doctor appointed for the purpose of attendance on the emigrants to exercise, in the course of the voyage, t h e same vigilance and offer t h e same assistance as would t h e Emigration Inspector in the exercise of his office, and to present to the Directorate-General of Emigration both on the outward and the return voyage a report on the events occurring during the voyage in the thirdclass quarters, on the complaints made by these passengers (which complaints he must enter in a register) and on the measures taken by the master of the ship, and on the observance on the ship of the legal requirements regarding t h e protection of Spanish emigrants. Very detailed instructions, under date of 6 February 1925, determine the duties of these inspectors or medical inspectors as well as the method of appointing them. No person may be appointed who has any sort of business connection with a shipping company. The inspectors of the ports are advised t o see that a medical inspector does not make two voyages of inspection running on the same boat. (Circular of 18 February 1925.) The medical inspector of an emigrant ship must embark a t the first port a t which emigrants are taken on board, and, on the return journey, remain on t h e ship until t h e last port to which returning emigrants are travelling. (Instructions of 26 December 1925.) SWEDEN.—Treatment on board. The Ordinance of 4 June 1884 contains requirements concerning t h e supplies of medicaments and disinfectants which must be placed on board for the use of emigrants, and also concerning the provisions carried (sections 21 and 40). Special staff. On every ship carrying more than 50 emigrants a doctor must be engaged and paid by t h e shipowner or t h e emigration agent (section 39). Supervision. The Inspection Committee which visits the ship before its departure must be satisfied t h a t sufficient provisions and fresh water have been placed on board in relation to the number of emigrants to be carried and must grant a certificate to this effect (sections 21 and 22). Within three days before t h e departure of the ship, t h e ship's doctor, or, if the ship has none, a medical officer in the municipal service, must examine the provisions made on the ship for the care of the sick, its medical stores, etc., and grant a certificate. The cost of this inspection must be defrayed by the shipping company (section 40). SWITZERLAND.—Treatment on board. According t o t h e Act of 22 March 1888, no emigrant shall be obliged to provide his own provisions for the duration of the sea voyage ; food of good quality fully prepared must be served to him (section 15). Special staff. Every ship intended t o carry Swiss emigrants must have a doctor on board. Further, each party of overseas emigrants which is not accompanied by any agent or sub-agent of the emigration undertaking must be met a t t h e stations a t which they have to change and a t t h e port of embarkation by a representative of t h e undertaking. The person accompanying the emigrants must remain with them until t h e ship sails (section 16). REGULATION OP LAND TRANSPORT 307 § 2.—Regulation of Land T r a n s p o r t The transport of emigrants b y land may constitute the whole of the travelling necessary t o be undertaken in continental emigration ; it m a y also be a fraction of the whole journey t o be accomplished b y an overseas emigrant, t h a t is, the distance t o be covered before reaching the port of embarkation. I n contrast with the mass of detailed legislation, etc., regulating transport b y sea, it should be noted how scanty is the amount of official attention paid t o land travelling. I t is, however, possible t o cite certain regulations regarding the organisation of the collective transport of emigrants during land journeys, the responsibility of the undertaking transporting t h e m in the m a t t e r of providing t h e m with food, with sleeping quarters if the journey is interrupted, and, in case of need, with medical attention (see Chapter V I I , § 3, (d)); mention can also be made of certain reductions in railway fares sometimes granted t o emigrants either in their own countries or in those through which t h e y have t o pass 1 . The arrangements made in transit countries are dealt with in Chapter X I I I . I n Chapter V I I , § 2, (e), mention has already been made of certain requirements relating t o t h a t part of t h e journey which has t o be undertaken b y t h e emigrant b y land before embarkation. The consideration given b y the International Conference on Passports, and the Conference on Communications and Transit t o various questions relating t o t h e transport of migrants, particularly in the matter of land travelling, will be treated in Volume I I I of this study. AUSTRIA.—See, in Chapter VII, § 3, (b), the requirements concerning medical attention during the land journey, and in Chapter VI, § 5, the special terms granted in certain cases for transport by rail. BELGIUM.—The Order of 18 November 1924 allows a reduction of 50 per cent, on third-class railway fares in the following instances : (1) to Belgian emigrants embarking at the port of Antwerp and having to travel at least 50 kilometres by rail on proof of their being bona fide emigrants, which proof is furnished by the possession of a passage ticket 1 It should further be noted that these reductions are very rarely the subject of legal enactments. Most of them are only to be found in the fare lists of the railways, which is the explanation of the fairly frequent variations to whioh tbey are subject, according to the economic situation, the pressure of trame in certain directions, etc. 308 THE TRANSPORT OF EMIGRANTS issued by a licensed agency and a declaration by the mayor or the commissioner of police of their place of origin ; (2) t o Belgian emigrants returning from oversea countries t o t h e port of Antwerp and having to travel a t least 50 kilometres by rail under the same conditions of establishing bona fides ; (3) to foreign emigrants in transit under the same conditions. Children under four years are carried free of charge; quarter fares are charged for children between four and ten years. Adults have t h e right t o t h e transport of 100 kilos of luggage; children paying one-quarter fares to 50 kilos. GREAT BRITAIN.—Free railway tickets in Great Britain are granted to "settlers" proceeding t o Australia whether "selected" by competent authorities or "nominated" by responsible private persons in Australia, if they live more than 40 miles from port of embarkation. ITALY.—Section 36 of the Consolidated Act of 13 November 1919 establishes the right of emigrants travelling to destinations abroad by rail to obtain employment to receive special reductions in railway fares. The reductions a t present in force in accordance with the Act are as follows : (1) reductions of 50 to 75 per cent, to the frontier and 40 to 60 per cent, on the return journey on third-class fares for Italian workers going t o take u p temporary employment abroad in a European country or on t h e Mediterranean coast, if travelling on the outward journey in parties of a t least five ; (2) the same reduction to workers travelling singly if in possession of a permit, the fee for which is one lira, valid for a year for four journeys, two outward and two return; (3) reduction of 40 to 60 per cent, to poor Italian emigrants travelling to an overseas country in parties of a t least ten. On the return journey they may travel singly *. (See COMMISSARIO GENERALE DELL' EMIGRAZIONE : Manuale per Vistruzione degli Emigranti ; Rome, 1925, pages 257-258.) POLAND.—In t h e case of parties of emigrants, t h e journey by rail to arrive a t the port of embarkation must be organised by the licensed shipping company which is responsible. The route and travelling conditions are determined by agreement with t h e Emigration Office, a n d t h e company must appoint guides t o accompany t h e emigrants. (Model Licence for Transport Undertakings, 1925, section 13 z .) RUMANIA.—Undertakings licensed for the transport of emigrants are obliged to provide accommodation, a t junction stations where they have to change, for the emigrants and their luggage while awaiting departure, this accommodation being under the care of special representatives who have t o take charge of t h e emigrants, t o see t h a t they get into t h e right train for their destination or for the port of embarkation, and t h a t their luggage is also forwarded. (Regulations of 22 J u n e 1925, section 36.) Workers who have obtained employment through a State Employment Bureau, together with their families are granted a reduction of 50 per cent. on the lowest class fares of the Rumanian State railways and river and sea transport services, in order to reach their place of employment. (Employment Bureau Act, 22 September 1921, section 4.) SWITZERLAND.—The companies organising the transport of emigrants must provide for their accommodation on the railways in passenger carriages properly shut, and in which every person can be seated. Access to the 1 New special railway fares for emigrants and returning emigrants (called Concession X) came into force on 1 January 1927. 2 See also Supplement I. INSURANCE OF EMIGRANTS AGAINST TRAVELLING RISKS 309 ordinary waiting rooms must be allowed to the emigrants as far as possible in the stations where the train stops. Unless the emigrant has made a special arrangement to provide his own food and sleeping accommodation during the land journey, the company arranging his transport must provide these. (Act of 22 March 1888, sections 15 and 16.) Swiss railway companies allow emigrants and returned emigrants travelling in parties the same advantages as parties in general, t h a t is to say 10 per cent, reduction per party of 20 to 60 persons, 20 per cent, for over 60 persons. (Communication from the Federal Government to the International Labour Office, 1921.) § 3.—Insurance of E m i g r a n t s against Travelling R i s k s Measures of various kinds have been adopted with the object of guaranteeing the migrant against travelling risks on sea and land, both in regard t o his own person and t o his effects; these cover measures relating t o the interruption of the journey, the compulsory insurance of emigrants, medical attention, and compensation for loss of luggage. I n the m a t t e r of t h e liability devolving on t h e transport undertaking in these various respects, a distinction must be made between the responsibility which has t o be assumed by it according t o law and t h a t which arises out of the conclusion of a contract. I n the first case Acts and regulations concerning emigration determine the extent of its liability, compel the transport undertaking t o cover itself b y means of insurance of a specific kind, fix the amount of compensation t o be paid in the case of loss or damage t o property, and determine the mode of settlement of any dispute which may arise. As t o the contractual responsibility, this may exist in virtue of a clause compulsorily inserted in the contract in conformity with the law or in virtue of a clause voluntarily inserted by the contracting parties. Only the clauses compulsorily inserted in the contract will be dealt with here, since no definite statements can be made regarding those arising out of voluntary contracts. (a) INSURANCE OF EMIGRANTS AGAINST ACCIDENTS According t o the ordinary principles of law, the emigrant is considered as a traveller ; as such he bears the consequences of all the accidents occurring in the course of his journey, and can sue for compensation in the same way as any other traveller. The 310 THE TRANSPORT OF EMIGRANTS liability for accidents occurring in the course of the journey by rail is generally borne by the land transport companies, and the conditions under which these companies fulfil their legal and contractual obligations are sufficiently satisfactory for the generality of States to have refrained from requiring special insurances to be effected in regard to this part of the journey. Sometimes, however, an emigration agent is under the obligation to insure the emigrant against accidents throughout the whole of his journey, thus including that part accomplished on land. The same is not the case with trans-oceanic sea voyages, where the multiplicity of the laws which have to be complied with on board ship, the high cost of litigation in foreign countries, the danger of clauses exonerating the shipping company, the immensity of the total risks incurred, and the fact that it is open to the shipping companies to abandon the ship to the insurers, or to limit their liability, make any attempt by the emigrant to claim compensation from the company which has transported him a very precarious matter. This state of affairs has attracted the attention of the Governments, and those of many States have introduced compulsory insurance of emigrants by the shipping companies against accident risks. This insurance takes two forms. Sometimes the State organises a regular system of insurance with fixed contributions and benefits; sometimes it obliges emigration agents to take out special insurances, or to accept risks, the extent of which is laid down in the regulations in force in the country itself or in the licensing agreements. The multiplicity of these arrangements, and the uncertainty at present prevailing on the subject of the risks incurred respectively by the shipping firms and by the passengers, have led the International Maritime Committee to study the organisation of the compulsory insurance of passengers at the expense of the shipping companies against accidents at sea and to prepare a draft international Convention, which is now under discussion (see Volume III, Chapter VI). CZECHOSLOVAKIA.—The individual or firm undertaking the transport of emigrants must insure the head of a family or his representative against accidents a t rates approved by the Ministry of Social Welfare, and if possible through a Czechoslovak insurance company. The cost of the premium must be defrayed by the emigrant and the contract must contain a clause to this effect. (Emigration Act of 15 February 1922, section 23, a n d Regulations of 8 J u n e 1922, section 24.) INSURANCE OF EMIGRANTS AGAINST TRAVELLING RISKS 311 G R E A T BRITAIN.—By the Merchant Shipping Act, 1894 (section 335), it is provided t h a t a policy of assurance in respect of steerage passage or compensation money by any person made liable under the Act to provide the passage or to pay the money, or in respect of any other risk, shall not be invalid by reason of the nature of the risk or interest sought to be covered. HUNGARY.—The Emigration Act of 1909 requires the agent to insure the head of the family against accidents and his luggage against loss or damage, in accordance with a scale approved by the Minister of the Interior. The insurance must be effected through a Hungarian insurance company (section 23). INDIA.—Section 335 of the British Merchant Shipping Act of 1894, concerning the optional insurance of steerage passengers, is stated in the Indian Merchant Shipping Act of 1923, section 146, to be applicable to Indian ships carrying steerage passengers. LITHUANIA.—The transport contract must state the amount of the premium for the insurance which the company is obliged to take out in the name of the emigrant and the cost of which has to be repaid by the emigrant. (Act of 18 July 1922. section 8.) POLAND.—See Supplement I. RUMANIA.—The transport undertaking or its representative is obliged to insure the emigrant against all risks of accidents resulting from shipwreck, fire, or collision, or against accidents which may arise on land between the point of concentration and the port of embarkation, and at sea between the port of embarkation and that of disembarkation. The transport contract must explicitly state this obligation; the transport undertaking may not make any additional charge to the fare fixed for the voyage on account of the insurance premium. (Act of 11 April 1925, section 26, and Regulations for the application of the Act, sections 36 and 37.) SERB-CROAT-SLOVENE KINGDOM.—The transport contract must state t h a t the emigrant is insured against the risk of accident and death from the place where the company takes charge of him up to the port of disembarkation, and must name the person authorised to receive the insurance money in case of death. (Emigration Act of 30 December 1921 and Regulations of 30 July 1923, section 17.) SPAIN.—By a Decree of 5 August 1920, the Superior Council of Emigration was authorised to pay insurance premiums against the risks of death or total disablement as the result of shipwreck on behalf of Spanish emigrants or immigrants. An Order of 11 December 1920 issued by the Minister of Labour laid down the conditions of this insurance as under : The Official Insurance Committee, against the payment (made by the Emigration Fund) of fixed insurance premiums, agrees to cover the risks of death or permanent complete disablement of Spanish emigrants, provided t h a t the death or disablement are the result of shipwreck, fire, collision, or other accident a t sea. The persons to be considered as Spanish emigrants are those defined in section 2 of the Act of 21 December 1907 and supplementary enactments (that is to say, Spanish subjects who leave Spain with a third-class ticket, or a ticket for another class which the emigration council declares to be equivalent, to a destination in America, Asia, or Oceania). Nevertheless, such persons are not included in the insurance unless their names are entered on a list as specified below. Children under the age of 14 but over the age of 10 years are not insured 312 THE TRANSPORT OF EMIGRANTS against the risk of death. Children under the age of 10 years are not insured against any risk. The insurance money is paid to the heirs-at-law in the following order : (1) to the widow and children dependent on the victim ; (2) to orphan grandchildren dependent on the victim, in default of the preceding; (3) to the father and mother if maintained by the deceased, in default of widow and children; (4) grandparents maintained by the deceased in default of the preceding ; (5) to brothers and sisters in the same position in default of the preceding. The sum insured in the case of each person is 3,000 pesetas 1 . The insurance premium is provisionally fixed at one peseta for each thousand pesetas assured, t h a t is to say, 3 pesetas per emigrant. The insurance is collective for emigrants embarked at the same port and on the same ship although their destinations may be different. A sine quâ non condition is t h a t embarkation is made on a ship licensed for the transport of emigrants in accordance with the Spanish laws. A list of the emigrants insured is drawn up, containing the following information : (1) Surname and Christian name; (2) Age; (3) Whether married or single; (4) Commune and province of birth; (5) Transhipments to be effected during the voyage and the ports where they are to be made ; (6) Date and hour at which the insurance takes effect. The Official Insurance Committee draws up and places at the disposal of the Emigration Council a special collective insurance policy. Each list of emigrants remitted to the Committee is considered as forming the subject of an agreement, and it is t o this list t h a t the insurance applies. The Official Insurance Committee accepts the risk from the moment of departure of the ship up till its arrival at the port of destination. In case of accident a t sea, the Emigration Council supplies to the Insurance Committee the necessary information, declarations by the authorities, consular reports, etc. The Insurance Committee, after examination of the evidence furnished, decides on the payment of the claims. This decision is communicated to the Emigration Council within the period of 24 hours. Payment is made to the Emigration Fund, which has to pay over the sum to the persons benefiting. If payment is not granted by the Insurance Committee, the Emigration Council reserves the right to collect fresh evidence. If the difference is not settled, the question is submitted for decision to the Council of Ministers. The same Decree required that after the expiration of five years the Emigration Council and the Official Insurance Committee should revise their agreement, and t h a t such revision should take place every five years. At the time of the revision in 1925, the system of insurance of emigrants against accidents at sea was modified in such a manner as to constitute a real social insurance, but the new system, although regularly introduced, has not yet 2been put into force, so t h a t the system described above continues in function . According to the Royal Ordinance of 21 October 1925, issued in pursuance of section 70 of the Regulations under the Emigration Act (20 December 1924), the insurance must henceforward cover risks of death and complete permanent incapacity of overseas emigrants, resulting from an accident a t sea or an accident on board ship for which the shipping company is not t o blame, and also an illness contracted during the voyage. The Directorate-General of Emigration undertakes the payment of the claims and fixes the amount to be paid. The following have the right to claim : (a) all emigrants over the age of 7 years in case of total disablement ; (b) the heirs-at-law of emigrants over 1 One peseta = Sid. Communication b y t h e Directorate-General of Emigration to t h e I n t e r n a t i o n a l L a b o u r Office, 21 May 1927. 2 INSURANCE OF EMIGRANTS AGAINST TRAVELLING RISKS 313 the age of 10 years deceased in a n accident or during the 12 months which follow it provided that the deceased has contributed to the support of such persons. The insurance money is paid to the heirs-at-law in the following order : (1) to the husband or wife of the deceased, to his or her legitimate or acknowledged illegitimate children, to grandchildren having lost father or mother and being brought up by him; (2) to his parents, whether according to the law or having acknowledged parenthood; (3) to his grandparents; (4) in default of the relationships so far enumerated, to relations or non-related persons under the age of 17, being younger than the deceased and having been maintained by him and having lived with him for at least five years, at the time of the accident, in another capacity than t h a t of domestic servant. I n order to provide the necessary resources for the payment of claims, the Directorate-General of Emigration will effect an inclusive insurance with an insurance company on the basis of a uniform premium * paid on behalf of each emigrant, whatever his destination, age, or family circumstances. In case of accident, the company will make a uniform payment to the Emigration Fund of 3,000 pesetas per person killed or disabled, but the Directorate-General of Emigration will distribute the payments according to the age and family responsibilities of the persons concerned, the amount unclaimed in the case of insured persons having no heirs-at-law going to supplement family allowances granted to the survivors. Claims must be presented to the Directorate-General of Emigration by the emigrant, or his heirs-at-law. within the period of 18 months after the accident. SWITZERLAND.—The Act of 22 March 1888 requires the agents t o insure against accidents the head of the family or, if he is not present, bis representative, for the duration of the voyage to the destination mentioned in the contract, the sum assured being 500 francs. The amount of the premium must be stated in the contract and be in accordance with the rates approved by the Federal Council (section 15). (b) Loss or L U G G A G E OR M O N E Y E N T R U S T E D TO T H E COMPANY I n m a n y c o u n t r i e s e m i g r a n t s ' luggage m u s t b e i n s u r e d b y t h e t r a n s p o r t c o m p a n y . T h e l e g i s l a t i o n of o t h e r c o u n t r i e s c o m p e l s t r a n s p o r t firms t o a c k n o w l e d g e t h e i r liability b y g i v i n g r e c e i p t s for l u g g a g e or v a l u a b l e s t a k e n c h a r g e of b y t h e m ; t h e y a r e also sometimes u n d e r a formal obligation t o carry luggage b y t h e s a m e s h i p a s t h e e m i g r a n t . I n case of loss, t h e c o m p e n s a t i o n t o b e p a i d is s o m e t i m e s fixed. On t h e other h a n d there are certain laws forbidding t h e retent i o n of l u g g a g e b y t h e t r a n s p o r t c o m p a n y as s e c u r i t y for t h e r e p a y m e n t of m o n e y a d v a n c e d . H e r e a g a i n it s h o u l d b e n o t e d t h a t t h e clauses s u m m a r i s e d a r e 1 This premium, formerly fixed at 3 pesetas for each immigrant, was reduced to 1.50 peseta by the Ordinance of 21 October 192S. However, no contract resulted from either of the competitions held on this basis between the insurance companies. 314 THE TRANSPORT OF EMIGRANTS those which emigration or transport agents are compelled to insert in the contract in accordance with the provisions of Emigration Acts, and which are supplementary to the ordinary provisions regulating the liabilities of transport companies, which derive from existing laws or from contractual arrangements. AUSTRIA.—Luggage must be transported by the same ship as the emigrant. (Regulations of 27 J u n e 1921, section 7.) CZECHOSLOVAKIA.—The transport undertaking is obliged to insure the emigrant's luggage as far as destination against any loss or damage, recovering the cost of the premium from the emigrant, the amount of this premium being according to a scale approved by the Minister of Social Welfare. (Act of 15 February 1922, section 23.) ITALY.—The terms of the contract must state the number of packages of which the transport is guaranteed. Bach emigrant has the right to the free transport of 50 kilograms, provided t h a t the total bulk does not exceed half a cubic metre. I n case of loss of luggage, the terms of the Emigration Act of 1901, section 91, provide for compensation at the rate of 1 lira x per kilogram of luggage lost, with a minimum compensation of 25 lire per package if the matter be settled out of court. If the case is brought into court, the compensation awarded may be proportionate to the value of the package, if proof of its value can bë established. In order to obtain such compensation in case of need, the emigrant must obtain from the shipping company a slip stating the number and weight of the packages of which it has taken charge. (Manuale per l'istruzione degli emigranti, p'age 123.) POLAND.—The transport company must hand to the emigrant a receipt for luggage entrusted to it either for the journey on land or for the sea voyage. The luggage must be returned to the emigrant on production of the receipt, on disembarkation or a t the place where transhipment takes place, if requested. (Model Licence for Transport Undertakings, 1925, section 14 2.) P O R T U G A L . — T h e emigration contract must contain a declaration of the liability of the transport undertaking for the proper transport of the emigrant and his luggage to destination. In the case of individual emigration, not arranged through an emigration agent, this liability falls on the shipping company. The emigration agent is liable for the repayment in full at the place of destination of any sum of money which the emigrant may have paid to him as a deposit, even if the emigrant is not accepted by the undertaking or person on whose behalf the emigration agent had engaged his services. (Decree No. 5624 of 10 May 1919, section 12.) R U M A N I A . — B y the transport contract, the transport undertaking is obliged to undertake to ensure the goods which the emigrant takes with him, making no addition to the charge fixed for the journey. (Act of 11 April 1925, section 26.) SERB-CROAT-SLOVENE 1 2 One lira = 2-7d. See also Supplement I. KINGDOM.—The transport contract INSURANCE OF EMIGRANTS AGAINST TRAVELLING RISKS 315 must include the insurance of the emigrant's luggage against any loss or damage which may be incurred. (Regulations of 30 July 1923, section 17.) SPAIN.—The emigrant's luggage may not be retained as a pledge or security on account of debts or advances made by the owners of ships, charterers, or their consignees. The compensation which can be claimed by the emigrant in case of loss of his luggage cannot exceed 200 pesetas * per package. The emigrants have the right to place in the care of the captain or of some other person appointed by him and under his responsibility, free of charge and in exchange for a receipt, any money or valuables which they have with them. (Consolidated Text of 20 December 1924, section 44, and Regulations of the same date, section 88.) SWITZERLAND.—The Act of 22 March 1888 requires t h e emigration agent, on behalf of the emigrant, to effect an insurance of his luggage against any loss or damage at rates mentioned in the contract, and submit for approval to the Federal Council (section 15, subsection 5). (c) MEDICAL ATTENTION The generality of emigration laws requires that medical attention and medicaments to be given to the emigrants free of charge during the sea voyage (Austria, Czechoslovakia, Italy, Lithuania, Portugal, Rumania, the Serb-Croat-Slovene Kingdom, Spain, Switzerland, etc.); less frequently the obligation exists to provide such attention throughout the whole of the journey whether by land or by sea if transport is carried out by the same company (Hungary, Rumania, Switzerland). In Austria this attention has to be given in any case at sea and during quarantine ; if the same company caters for the land journey, any emigrant who falls ill has to be provided with hospital treatment for as long as a fortnight at the expense of the licensed company. It is sometimes stated that no additional charge may be made for special diet prescribed for the sick by the doctor (Spain). It is often made obligatory to state in the transport contract what are the obligations of the company in regard to medical attention. In the second volume of this study an account will be given of the arrangements made in the countries of immigration for the care of the emigrants after leaving the ship. 1 One peseta - 8 id. 316 THE TRANSPORT OF EMIGRANTS (d) CASES OF F O R T U I T O U S D E A T H The emigration laws of Czechoslovakia (section 23), Hungary (section 23), Lithuania (section 9), Switzerland (section 15), the Serb-Croat-Slovene Kingdom (section 21) require t h a t in case of death during the voyage the transport undertaking must defray all reasonable funeral expenses 1. § 4.—Direct T r a n s p o r t I t is often required of the shipping companies transporting emigrants t h a t the ship shall make a direct voyage and t h a t the passengers shall not be transhipped. I n order t o facilitate the supervision of emigrant ships and t o ensure t h a t no passengers are taken on board in excess of the number allowed according t o the tonnage of the ship, etc., and t h a t the provisions and stores placed on board are adequate, the ship is often prohibited from calling at any intermediate port between the port of embarkation at which the prescribed inspections have taken place and the port of destination. If a port of call must be made, special arrangements are made for ensuring re-inspection. A prohibition which more often occurs is t h a t of transhipping emigrants at any stage of the voyage except as the result of an accident; or if transhipment is allowed at all, it is sometimes stipulated t h a t it must take place in such a manner t h a t the voyage is continued under conditions equally favourable t o the emigrants in the new ship which takes t h e m on board. BELGIUM.—If there has to be a change in the means of transport in the course of the journey, the name and address of the undertaking or agent responsible for providing the means of transport to the final destination must be stated on the contract ticket which the undertaking is obliged to furnish to every emigrant. The transport of emigrants to European countries is subject, as is also direct transport to trans-oceanic countries, to enactments concerning the licensing of transport undertakings, the supply of a deposit, the insurance of emigrants, the form of the contract ticket, and the furnishing of lists of passengers. (Decree of 25 February 1924, sections 22 and 44.) DENMARK.—Emigrants must be transported direct to their destination, For Poland, see Supplement I. DIRECT TRANSPORT 317 and the ship may not make any intermediate port of call unless it has been arranged before the departure that it shall call a t a given port to take up further passengers. In t h a t case an inspector who travels on the ship for the purpose as far as t h a t port, or the medical inspector if such an official has been appointed to the ship, and if he cares to undertake this supervision, must see to it t h a t passengers in excess of the normal capacity of the ship are not taken on board and that supplementary provisions and stores are placed on board in proportion to the number of additional passengers. The ship may not anchor in an intermediate port for longer than eight days. (Regulations of 28 March 1870, section 47.) FRANCE.—-Transport must be direct, that is, without transhipment, unless contrary stipulations are made. (Act of 18 July 1860, section 8.) GERMANY.—Transport contracts for extra-European countries must state that the company is responsible for the transport and maintenance of the emigrants up to the place of destination if this destination comes within the scope of the undertaking. If embarkation or transhipment has to take place a t a foreign port, mention must be made of this in the contract. (Act of 9 J u n e 1897, section 25.) ITALY.—Transhipments in foreign ports other than oversea ports are prohibited except in case of absolute necessity. (Consolidated Text of the Emigration Act, 13 November 1919, section 28.) NETHERLANDS.—If the transport of emigrants involves a change of the means of transport in Europe or elsewhere, the name and address of the transport undertakings providing the ultimate means of transport to final destination must be given in the contract. (Act of 1861-1869 regarding the Transport of Emigrants, section 9.) POLAND.—Transhipment is allowed, but it is required t h a t on that part of the journey between the Polish port and the foreign port from which the trans-oceanic ships sail, emigrants who have just left Poland must be carried only by ships belonging to companies which have obtained licences in Poland. (Model Licence for Transport Undertakings, 1925, section 27.) SPAIN.—The terms of the Emigration Act of 20 December 1924 prohibit the transhipment of emigrants a t foreign ports, except in cases of absolute necessity or with the permission of the Directorate-General of Emigration and under the guarantees required by it (section 99). SWEDEN.—The voyage must be direct to the port of destination. After its departure from one of the ports or Stapel towns (Stapelstad) having the monopoly of the embarkation of emigrants, an emigrant ship may not take additional passengers on board a t a foreign port unless information is given to the authorities a t the port of embarkation, mention being made of the port where the additional embarkation is to take place and of the number of persons who are to be taken on board. In this case an inspector appointed by the authorities of the port of departure must accompany the ship as far as the intermediate port in order to satisfy himself that the total number of passengers which may be carried according to the capacity of the ship is not exceeded and that the provisions and stores carried have been supplemented in proportion to the number of emigrants. The remuneration of this inspector is fixed by the authorities appointing him. I t has to be paid by the master, who also has to provide for the maintenance of this official on board ship. Ships may not anchor in intermediate ports for periods exceeding ten days. (Ordinance of 4 June 1884, section 48.) 318 REPATRIATION OF EMIGRANTS CHAPTER X R E P A T R I A T I O N OF E M I G R A N T S Numerous arrangements are made in t h e countries of emigration t o ensure, or at any rate t o facilitate, the safe return of their nationals t o their homes. A distinction can be drawn between the various circumstances under which this return takes place : those in which the emigrant is subjected t o some kind of prohibition, whether it be refusal at the port of embarkation or rejection a t the frontier of the country of immigration; those in which repatriation takes place at the end of the period of service for which t h e emigration was arranged, in accordance with a clause in the contract of engagement; those in which the emigrant returns home of his own free will ; those in which he is obliged t o return by reason of an expulsion order or a demand for his extradition. In pursuance of regulations issued, it happens in many cases t h a t the cost of the return journey, instead of having t o be met by the individual concerned, has t o be defrayed either by the transporter or by t h e employer or recruiter of labour, or again by the Government of the emigrant's country of origin. Measures are also taken in the countries of immigration in relation t o the return journey in these various cases; they are dealt with in Chapter X of Volume I I ("Immigration"). § 1.—Refusal at the Point of Departure Although this. does not constitute repatriation proper, since the individual t o whom the right of departure is denied at the inspection preceding departure has not yet left his country, attention has t o be paid t o the measures taken at the frontier or, REFUSAL AT THE POINT OF DEPARTURE 819 at the port of embarkation, t o assist the would-be emigrant who has been stopped and turned back by the competent authorities t o get back t o his home. Since various parties are interested in ensuring t h a t the position of the emigrant should be legally in order, and t h a t he should be physically capable of standing the voyage and taking u p the work to do which he is emigrating, the process of inspection at the point of departure is often a complex one. In addition t o the official inspection carried out by the administrative services of the country from which his departure takes place, which has been described in Chapter V I I I , § 4, the emigrant frequently has t o undergo an examination organised by the transport undertaking with which he has t o do, since the company, which is generally made liable in the case of non-admission of its passengers, also endeavours t o avoid the risk of repatriation from a distant country at its expense. Very often also, recruiters, and in particular representatives of employers, who are allowed, in virtue of an international agreement, t o recruit labour in the country of emigration (see Volume I I I , Chapter IV), select t h e workers whom they engage by means of medical examination and occupational tests. In other cases again, so as t o reduce t o a minimum the chances of rejection at the port of disembarkation, the country of immigration has its agents at the ports of departure t o make preliminary examinations of would-be emigrants. I t is pointed out elsewhere (Volume I, Chapter V I I I , § 4, and Volume I I , Chapter V I I I ) t h a t this is specially the case with the United States of America and Canada, which, by agreement with the other Governments concerned, maintain representatives of their health and immigration services in a number of European ports. Refusal of permission t o embark may therefore be made by the competent authorities either of the country of emigration or by t h a t of immigration. This refusal may be due t o one or more of three reasons : (1) t h a t the would-be emigrant does not comply with all the conditions for exit from his country laid down in its laws (for these various legislative restrictions, see Chapter I I I ) ; (2) t h a t the authorities whose d u t y it is t o perform the inspection find t h a t the person concerned does not comply with all the requirements of the country t o which he is bound; (3) t h a t in view of his state of health at the time, health requirements stand in the way of his departure. 320 REPATRIATION OF EMIGRANTS This last is rather a case of postponement of embarkation t h a n of refusal of the right t o emigrate. The transport contract must then be cancelled, usually with r e p a y m e n t in full or in p a r t of the sum paid i n advance as passage m o n e y ; the shipping company or t h e recruiting agents are also sometimes under the obligation t o p a y compensation t o t h e emigrant, or t o defray the expenses of his return journey, if it has been established t h a t t h e emigrant has neither k e p t back nor denied t h e facts which are the cause of his rejection, b u t t h a t it must be imputed t o negligence on the p a r t of the recruiters or transporters, who ought t o have investigated t h e position of t h e emigrant before t h e journey t o the port of embarkation. Refusal a t the point of departure due t o accidental causes is also sometimes made wholly or in p a r t a charge upon the business firms who are parties t o the contract. I t should finally be added t h a t the right t o free transport t o their home under certain circumstances is usually extended t o t h e family of t h e emigrant. BELGIUM.—If, by reason of a mistake or negligence on the part of the emigration undertaking, one of the emigrants or a member of his family is refused permission t o embark from a European port, the return of the passage money paid on behalf of all the members of the family may be claimed from this undertaking. (Decree of 25 February 1924, section 17.) DENMARK.—Passage money is repaid to any emigrant who is not permitted by t h e medical inspector on account of his state of health t o embark. If for this reason the members of his family or other persons travelling with him cancel their voyage, the passage money paid by them must be reimbursed. The agent may nevertheless retain such sum as he may have expended for the maintenance of the persons in question. (Regulations of 28 March 1870, section 30.) GREAT BRITAIN.—If an Emigration Officer is satisfied that a person on board or about to proceed in an emigrant ship is, by reason of sickness, unfit to proceed or is in a condition likely to endanger the health or safety of the other persons on board, the Emigration Officer shall prohibit the embarkation of t h a t person, or, if he has embarked, shall require him t o be relanded, together with members of his family. Upon relanding, the master of the ship shall pay t o each steerage passenger so relanded, or, if he is lodged and maintained in any establishment under the superintendence of the Board of Trade, to the Emigration Officer a t t h e port, subsistence a t the rate of Is. 6d. per day for each statute adult until he has been re-embarked or declines or neglects to proceed or until his passage money, if recoverable, has been returned to him. A person so landed, or an Emigration Officer on his behalf, shall be entitled, on delivering up his contract ticket, to recover summarily in the case of a steerage passenger the whole, and in the case of a cabin passenger one half, of the money paid on account of the passenger and the members of his family relanded. (Merchant Shipping Act, 1894, sections 307 and 308.) REFUSAL AT THE POINT OF DEPARTURE 321 Colonies.—Hongkong. Under the terms of the Asiatic Emigration Ordinance, 1915, the Emigration Officer may in all cases, if any of the emigrants are in bad health or insufficiently provided with clothing, or if there is reason to suspect t h a t fraud or violence has been practised in their collection or embarkation, detain the ship, and, if he thinks fit, order all or any of the emigrants to be relanded (4th Schedule, section 10). The same procedure may take place if the Emigration Officer discovers that the number of emigrants on board or intended to be carried upon that voyage exceeds the number authorised (5th Schedule, section 5). INDIA.—An emigrant to whom permission to embark has been refused on the occasion of the examination before embarkation, on the ground t h a t he has been found to be physically unfit, t h a t the provisions of the Emigration Act or the rules under it have been contravened in relation to him, or that, after the conditions in the country of destination have been described to him, he has been unwilling to embark, must with his dependants, if any, be returned to his home through the Protector's Office at the expense of the Emigration Commissioner. An emigrant who is to be returned to his home must be examined by the medical inspector and certified by him to be fit to bear the journey, or if not certified fit must be detained under treatment in the place of accommodation until such time as the medical inspector certifies that he is fit to bear the journey to his home. The emigrant to whom permission to embark has been refused at the examination on the ground of temporary physical unfitness must, if the medical inspector recommends it, be detained in the place of accommodation until he is reported by the medical inspector to be fit to embark. Any intending emigrant who is related to the intending emigrant so detained shall be entitled, if he so desires, to remain with such emigrant in the place of accommodation and receive maintenance therein. (Rules of 10 March 1923, sections 47-49.) ITALY.—Emigrants refused a t the inspection before departure, as not fulfilling the conditions required by the country of immigration, receive through the inspectorate trie compensation une from the companji Women and minors refused, if without relatlyes, are raicen charge of try a local care committee K NETHERLANDS : East Indies.—At Java and Madura, the recruiter who has engaged natives for work abroad or in another Netherlands colony must take back to their homes those persons who have, at the medical inspection preceding departure, been certified unfit for the work for which they were engaged, together with any persons who are not permitted by law to contract and those persons with whom no regular contract has been concluded. (Ordinance No. 613 of 14 September 1914, section 10.) SERB-CROAT-SLOVENE KINGDOM.—If an emigrant has attempted to embark with an inadequate passport or has been rejected a t the medical examination immediately preceding emigration, the transport undertaking must reimburse his passage money. (Act of 30 December 1921, section 31.) SPAIN.—If an emigrant is unable to embark because of refusal a t the point of departure, and if this refusal cannot be imputed to his fault (absence of required documents will be regarded as being his own fault), his passage money is returned to him, and also to the members of his family accompanying' him if they also cancel their voyage. (Regulations of 20 December 1924, section 83.) 1 " L ' O p e r a degli I s p e t t o r a t i nei porti. " Bollettino della Emigrazione, F e b . 1925, p . 158. 22 322 REPATRIATION OF EMIGRANTS § 2.—Rejection on Arrival at Destination The disembarkation of emigrants or their entry into the country to which they are bound is usually preceded by an examination, the purpose of which is to eliminate those arrivals who do not fulfil the legal and administrative conditions of admission. In Volume II, Chapter X, will be found an account of the measures taken as the result of such rejection by the countries of immigration which have decreed exclusion in these cases. But the emigration countries are also concerned in the painful consequences which may accrue to their nationals as the result of rejection on arrival. Their legislation often either requires the transport companies to return the passage money for a voyage made to no purpose or requires that they shall have a return passage to the port of embarkation or even a return journey as far as their homes. AUSTRIA.—The transport company has to repatriate up to the port of departure, and to maintain free of charge during the voyage, any emigrant who has been rejected in accordance with the terms of immigration laws, and if the latter is not in possession of the necessary means to effect the return journey, to the place which he has left before starting on his voyage, and to pay for the transport of his luggage, the company must also pay the expenses of the land journey. (Regulations of 27 June 1921, section 13.) BELGIUM.—If, by reason of a mistake or negligence on the part of the emigration undertaking, one of the emigrants or a member of his family is rejected by the country of immigration the return of the passage money may be claimed from the undertaking. (Order of 25 February 1924, section 17.) CZECHOSLOVAKIA.—If an undertaking transports an emigrant who cannot be admitted into the country of destination in virtue of its legislation on immigration, the undertaking is obliged to repatriate him free of charge to his last place of residence a t the earliest possible moment, or, if such place of residence is situated outside the frontiers of the Czechoslovak Republic, to give him free passage as far as the frontier station. The cost of maintenance of the emigrant during the journey must be borne by the undertaking. The return journey must be accomplished in the same class as t h a t of the outward journey. Expenses arising out of a n unjustifiable postponement of the return journey must also be defrayed by the undertaking. (Act of 15 February 1922", section 26, and Ordinance No. 170 of 8 June 1922, section 32.) GREECE.—The emigration agents are obliged to take back a t their own expense to the port of departure any emigrant rejected in America or other countries for reasons existing already before his departure from Greece. They are also obliged to reimburse to the emigrant his passage money and to compensate him for any loss which he may have suffered by their fault (including slight negligence). On the other hand, agents have the right to demand from the emigrants all necessary information to ascertain whether REJECTION ON ARRIVAL AT DESTINATION 323 they fulfil the conditions required for admission to the country of destination. (Act of 24 July 1920, section 18.) HUNGARY.—The undertaking is obliged to provide a return journey a t its own expense to the persons whose passports are not in order and whom it has transported. (Emigration Act, 1909, section 26.) ITALY.—According to the consolidated text of the Act of 13 November 1919, section 29, an undertaking is responsible for any damage caused t o the emigrant if, in pursuance of local legislation on immigration, the latter is rejected by the authorities of the country of destination, provided that it can be proved t h a t these legal requirements were known to the undertaking before departure. Among the kinds of damage for which the agent has to compensate the emigrant rejected are principally the expenses of returning to the point of departure, which point is not explicitly defined by the Act. LITHUANIA.—The emigration undertaking is obliged to repatriate free of charge every person whom it has transported to a foreign country contrary to the requirements of the Act. (Act of 18 July 1922, section 13.) POLAND 1.—A company which has transported an emigrant who cannot be admitted to the country of destination according t o its regulations must reimburse to him the whole of his passage money and repatriate him at its expense up to the point a t which he bought his ticket, under the same conditions as those of the outward journey. I t must further pay a fine to the Polish Treasury unless the country of immigration has already exacted a fine for the same offence. (Model Licence for Transport Undertakings, 1925, section 11.) PORTUGAL.—The emigration agent is liable for any losses sustained by the emigrant if the latter is not accepted by the enterprise or by the person on whose account he has been engaged. He must provide for his repatriation and reimburse him for all the necessary expenses incurred by him in returning to his home. However, in cases of physical or mental unfitness supervening during the voyage, repatriation is to be made only in those cases in which, after medical examination, the Portuguese consul, or an Emigration Officer of the Portuguese Government, declares that the return voyage will not be harmful t o the emigrant. (Decree No. 5624 of 10 May 1919, section 12.) RUMANIA.—When an emigrant is rejected by the country of immigration in virtue of statutory rules in force at the time of the conclusion of the transport contract, the undertaking or agent must repatriate the emigrant at its own cost, and is further liable for compensation to be fixed by the Ministry, and for any damages which may eventually be awarded by a court of law. (Act of 11 April 1925, section 31.) SERB-CROAT-SLOVENE KINGDOM.—If admission is refused to an emigrant by the immigration authorities of the State to which he has travelled, on the ground of the legislation of t h a t country, the shipping company concerned is obliged to give him a return passage a t its own expense. (Act of 30 December 1921, sections 19 and 21.) SPAIN.—The undertaking is obliged t o repatriate immediately and a t its own cost an emigrant rejected by the authorities of the country of destination. This is the general rule. Nevertheless, undertakings have the right 1 See Supplement I : Decree of 11 Oct. 1927. 324 REPATRIATION OF EMIGRANTS to charge the full fare for the return passage if requirements concerning admission to the country of destination have been modified a t such a date t h a t knowledge of the modification was impossible at the time when the contract between the undertaking and the emigrant was concluded. Should the emigrant not be in possession of the necessary sum, the Consular Emigration Committee (Junta consular) can require him to be repatriated free of charge by the company, such free repatriation counting as two of the repatriations a t half-price which the licensed companies are obliged to provide according to the Emigration Act (see § 5 of the present Chapter). (Consolidated Text of the Emigration Acts, 20 December 1924, section 47.) SWEDEN.—According to the Ordinance of 1884, the emigration agent is obliged, if the competent authorities refuse to allow an emigrant to disembark and if this refusal is based on circumstances which have occurred since the conclusion of the contract, to repay to the emigrant the cost of his passage and to repatriate him free of charge. § 3.—Repatriation on Fulfilment of Labour Contracts The legislation of the countries of emigration, and sometimes also that of the countries of immigration, often makes it obligatory on the recruiters of labour, or on the employers, to arrange, when the work for the performance of which the emigrants have left their country comes to an end, for the repatriation of the workers engaged by them. In this chapter it is the regulations made in countries of emigration which come under consideration; measures taken in the countries of immigration will be dealt with in Volume II, Chapter X, § 3. It is often stipulated in an Act that the written contract concluded by the employer or recruiter with each emigrant shall explicitly state this obligation; in other countries, again, a clause laying down the method by which repatriation has to take place is included in the model agreement in accordance with which engagements made for work to be executed abroad have to be drawn up. In other cases, again, the execution of a bond is required as security for the observance of this obligation. If the contract is renewed, or the emigrant worker enters into another agreement, it is often required that the employer or the recruiter shall continue for a certain number of years under the obligation to repatriate the worker concerned if he evinces the desire to return. This measure is frequently extended also to the family of the worker. The majority of maritime codes or special regulations concerning REPATRIATION ON FULFILMENT OF LABOUR CONTRACTS 3 2 5 t h e engagement of seamen define a certain number of cases in which seamen who have remained in foreign countries must be repatriated a t t h e expense of the shipowners. Very special precautions are t a k e n t o ensure t h a t natives, Lascars or others, who m a y be engaged b y ships of their own or other nationality in the course of their voyages in Asia of Africa are repatriated at t h e end of their engagement. I t even happens t h a t a bond has t o be executed by foreign ships taking on native seamen as a security for their repatriation. These various requirements have already been dealt with in Chapter I I I , § 5 ("Special Legislation concerning Seamen"). Repatriation in execution of a contract m a y also t a k e place as the result of a Convention concluded between the t w o countries concerned regarding the recruiting of labour. Arrangements of this kind are dealt with in the Volume I I I of this s t u d y (Chapter IV). BRITISH MANDATED TERRITORY : Tanganyika.—Whenever any servant is taken t o the place of employment a t the expense of the employer, the employer must, on the termination of the contract of service, return t h e servant to t h e place of engagement should the servant wish t o return. (Native Labour Ordinance, 1923, section 19.) CHINA.—The terms of t h e Decree of 3 May 1918, relating to labour contracts for emigrants, imposed upon the employer the obligation t o repatriate t h e workers on the termination of their engagement a t his own cost. He must also bear t h e cost of the repatriation of a worker who contracts a lingering illness during the period for which he has been engaged. COLOMBIA.—The labour contracts with Colombians recruited for service outside their country must state explicitly t h a t the employer is obliged t o repatriate the persons engaged by him on the termination of their contract. The execution of this obligation is guaranteed by the payment of a deposit. (Immigration and Colonisation Act No. 114, of 30 December 1922, section 16.) COSTA RICA.—According to the Act of 28 October 1922, the recruiting agent must supply a security for the free repatriation of t h e workers recruited to their original place of residence on the termination of the labour contract. CZECHOSLOVAKIA.—Permission t o recruit settlers for foreign countries is granted only if t h e recruiter makes himself answerable for t h e free repatriation of all who fall sick or are recognised to be unsuitable. (Act of 15 February 1922, section 6.) FRANCE : Colonies.—The repatriation of natives engaged collectively by recruiting agents is secured by deposit of a sum sufficient t o meet t h e expenses of repatriation by the recruiting agent when making application for the necessary embarkation permit. The permit is only issued after the money has been duly deposited. (Congo : Decree dated 2 July 1901 ; 326 REPATRIATION OF EMIGRANTS Ivory Coast : Decree dated 25 October 1910; Dahomey : Decree dated 14 October 1902.) GREAT BRITAIN : Colonies.—The laws of several British colonies require t h a t security shall be given by an employer or recruiting agent to cover any expenditure incurred by the Government in respect of the maintenance or repatriation of an emigrant labourer. (Ceylon : Emigration Ordinance, 1917, section 6. Jamaica : Emigrants Protection Law, 1924, sections 4-6. Seychelles : Foreign Employment Ordinance, 1909. Windward Islands : St. Lucia, The Emigrants Protection Ordinance, 1916; St. Vincent : Emigrants Protection Ordinance, 1924, section 7.) The laws of Ceylon, Jamaica, and Seychelles provide t h a t security shall be given by the emigrant himself when it is not given on his behalf by some other person. In Fiji, when a native desires to emigrate either as a domestic servant or as one of the crew of a vessel, the Government may require the intending employer or the master of the vessel to enter into a bond for the due return of the native to the colony within such time as m a y be therein named. (Fiji Emigration Ordinance, 1892, section 4.) GUATEMALA.—No employer recruiting workers for employment abroad can obtain a licence for recruiting without making a deposit with the Minister of Agriculture of 25 gold pesos for every worker engaged. This sum must be expended on the repatriation of the workers a t the termination of their contract. (Regulations of 20 July 1923, section 4.) HAITI.—Foreign employers or companies who recruit workers in Haiti obtain a licence only on condition of assuring the free repatriation of the emigrants up to their place of departure a t the end of their period of engagement. (Act of 28 February 1924, section 3, subsection 5.) INDIA.—A worker who has been recruited by a country to which the emigration of unskilled workers is lawful is repatriated to India at the cost of the Government which has recruited him if his return to his home is considered desirable by the competent official, either on the ground of his state of health or that"the work which he is required to do is unsuitable to his capacity, or t h a t he has been unjustly treated by his employer. On their arrival in India, returned emigrants must be properly lodged in a place of accommodation provided for the purpose a t the expense of the country to which they emigrated, until the Emigration Commissioner is in a position to arrange for their departure to their homes. Such emigrants must, if they so desire it, and if the terms on which they emigrated so entitle them, be returned to their homes at the expense of the country to which they emigrated. Such emigrants as are considered to be physically or mentally helpless shall be returned under proper escort. Sick returned emigrants shall be entitled to be treated in a hospital a t the place of accommodation appointed, or elsewhere, free of charge, until they can be returned to their homes. At the time of their return, the Emigration Commissioner must also assist the emigrants whom he is repatriating to deal with money which they have to bring back with them, assisting them to obtain postal money orders, or making payment to them of the equivalent in Indian money, a t the current rate of exchange, of money deposited for transmission to India through the Government of the country to which they emigrated. (Notifications regarding Emigration to Ceylon and Malaya, February 1923, sections 5 and 6, and Rules under the Indian Emigration Act, 10 March 1923, sections 51-54.) Model agreements for skilled or qualified emigrants (office clerks and other specialised employment) for the establishments of the Anglo-Persian Oil Company in Persia and in Iraq, approved by the Indian Government, REPATRIATION ON FULFILMENT OF LABOUR CONTRACTS 327 contain clauses making the employer liable for the repatriation of the emigrant at the termination of his engagement, as well as his maintenance during the journey \ ITALY.—According to the Circular issued by the General Emigration Department to prefects, inspectors, and provincial commissioners, numbered3 (a),oi^7 April 1925,a bondmust be executed by managers engaging a company of performers, or even a single artiste, for employment abroad, as security for the repatriation of the persons engaged. When these persons have to travel to an overseas country, their passports may not be visaed until the deposit of a sum corresponding with the amount of their return passages has been made. JAPAN.—The emigration agent (Irmin Toriatsukaimin) must, with respect to the emigrant (Imin) for whose emigration he has made arrangements, bear for the period of full ten years from the date of departure the obligation, in case the emigrant falls sick, or is otherwise in distress, to give him assistance or cause him to return. If he has been assisted or brought home by the administrative authorities, the agent shall reimburse the expenses incurred on his account. Independent emigrants must appoint sureties who are under similar obligations. (Emigrants Protection Act, 1896-1907, sections III and VII (2).) Korea.—The Emigrants Protection Act imposes similar obligations on the emigration agent for the surety of independent emigrants. (Emigrants Protection Act, section VI, and Administrative Regulations, section II.) MEXICO.—According to Article 123 of the Mexican Constitution of 5 February 1917, it must be explicitly stated in every labour contract concluded between the Mexican worker and the foreign employer that the expense of repatriation must be defrayed by the employer. In application of this general principle, Decree No. 2308 of 13 August 1923, promulgated in the State of Jalisco, embodying a Labour Code, requires, in section 10, t h a t a bond be executed or a cash deposit made by any foreign employer recruiting Mexican workers in such a manner t h a t the amount deposited would be sufficient to cover the cost of transport and maintenance of the worker and his family from the place of employment to his home. NICARAGUA.—The Decree promulgated on 7 February 1923 requires recruiters who engage Nicaraguan workers for employment abroad to repatriate them free of charge to their homes on the termination of the engagement. As security for the fulfilment of this obligation, the recruiter must nominate a bank or banker of recognised solvency as surety (sections 2 and 3). NETHERLANDS : East Indies.—The model agreement, to which contracts for the recruiting of native labour for work outside the East Indies have to conform, stipulates that the worker and his family, as then constituted, must be repatriated within three months after the expiration of the contract, at the expense of the employer, unless the worker prefers to renew his contract or to enter into another agreement with the same or a different employer. In any case the employer who has recruited the worker is under the obligation to pay for the repatriation of himself and his family up to five years after the expiration of the contract. (Section 8 of the Model Agreement attached to the Order of 28 February 1894.) The special model agreement for employment in the Straits Settlements, issued under Decree No. 17 of 11 February 1915, requires t h a t if the contract 1 Annual Report on the Working of the Indian Emigration Act for the year ending 31 December 1925. Calcutta, 1926. 328 REPATRIATION OF EMIGRANTS be terminated by mutual consent by both parties, or on account of permanent incapacity of the worker, his rights remain the same; if the worker dies before the expiration of the contract, or after its expiration, but before he has claimed repatriation for himself and his family, his family has the right, u p to three months after his death, to claim repatriation a t the expense of the employer, and, until the ship which is to transport them sails, they have to be provided by the employer with the necessary board, lodging, clothing and medical attention. (Section 9 of the aforementioned Model Agreement.) POLAND 1.—The Labour Conventions concluded between Poland and various other countries make definite provision for the repatriation of the workers at the end of the period contracted for (see Volume I I I , Chapter IV). The model agreement for the use of workers engaged by Rumanian textile industries, according to the requirements of the Emigration Office (communication of 21 August 1926), stipulates t h a t the repatriation of the worker and his family shall take place at the expense of the employer, either a t the expiration of the contract, or, in case of the departure of the worker, a t an earlier date for reasons beyond his control. PORTUGAL : Colonies.—The Decree of 14 October 1914 on native labour lays down the standard procedure for repatriation by the employer. Every labour contract entered into for employment outside the colony must contain a clause according to which the last employer is obliged to arrange for the repatriation at his own expense of such worker and of his family up to their place of origin. The family is not included in the obligation in those cases in which its members are also engaged under contracts which do not expire at the same date. I n such cases the member whose engagement is terminated first is free to renew it merely up to the date of the expiration of the contracts under which the members of his family are working. A worker who does not wish to renew his contract must be repatriated within 60 days, unless he is in possession of means sufficient to support himself and obtains permission to remain in the colony without any contract. In the case of natives having children, if one of the parents is repatriated without the other, and if the child does not express any preference, he is sent with his mother. A child who attains the age of 18 in the colony may remain there if he wishes to do so; whatever his age, he has the right t o repatriation with his parents (sections 84 to 89). Natives recruited in Angola and Mozambique for farm work in St. Thomas and Principe Islands, in virtue of the agreements of 28 April 1926 and 14 November 1925, must be repatriated a t the expense of the employer, together with their wives and children, even if they have married in a place where they have been employed; nevertheless, if she so desires it, a woman who has married in the colony has the right to enter into a further engagement, notwithstanding the repatriation of her husband. I n the case of incapacity for work for the duration of more than 12 months, following upon an accident, a worker may claim immediate repatriation. I n Mozambique, repatriation must take place a t most three years after recruitment. As a security for the observance of these clauses, the Employers' Association of St. Thomas and Principe Islands has to deposit with a Mozambique bank such security as may be determined by the Governor. I n Angola it is specified t h a t the necessary expenses of accommodation, land transport, food, and hospital treatment incurred during repatriation of the natives up to the place a t which they were engaged must be defrayed by the employer. 1 See Supplement I : Decree of 11 Oct. 1927. EXTRADITION AND COMPULSORY REPATRIATION 329 § 4.—Extradition and Compulsory Repatriation In certain fairly exceptional cases a State may desire t o enforce the return of one of its nationals if he has left t h e country after having committed a felony or misdemeanour, or if, by leaving it, he has escaped the fulfilment of his fundamental obligations. Such return cannot, however, be obtained without the consent of the country where the national is residing. The procedure most commonly adopted in the case of felonies and misdemeanours is t o request t h e extradition of the person of whom the Government requires t h a t he should return t o its jurisdiction in order t o suffer the penalty t o which he is liable or which he has incurred. I n accordance with the national legislation of the various States, and with the extradition treaties concluded between them, extradition is now obtained only where a felony or misdemeanour of a certain degree of seriousness has been committed b y the person whose extradition is sought. There has been, however, in the last few years, a tendency t o consider as a misdemeanour neglect t o contribute t o the support of dependants, and thus t o include a negative offence of this kind in the class of extraditable offences. I n some cases the compulsory return of an emigrant who is guilty of having left his dependants without resources can thus be obtained. A case which may be regarded as the opposite of the desertion of a family has been dealt with in some international agreements —the compulsory repatriation of minors who have run away from the care of their parents or guardians having been the subject of some recent treaties (see Volume I I I , Chapter VI). I n time of war, agreements have also sometimes been entered into between allied countries for the mutual handing over of deserters from the army or navy b y direct administrative procedure, without applying the complicated machinery of extradition demands. Some countries have shown a tendency t o extend such procedure t o the compulsory return t o their native country of clandestine emigrants. The Hungarian Emigration Act of 1909 gave power t o the Governments t o enter into reciprocal agreements t o arrest on foreign territory, and send back t o their national authorities, persons of Hungarian nationality who had emigrated in violation of the law (section 51). The question has 330 REPATRIATION OF EMIGRANTS been raised b y other States at international conferences, but the conclusion of such agreements^ has so far met with strong opposition. § 5.—Voluntary Repatriation (Free Tickets or Tickets at Half-Price) The return of the emigrant t o his country of origin is normally, and in the majority of voluntary one. If the emigrant has been successful, his return is at his own expense, and t h e legislation of the country of emigration intervenes in regard t o this repatriation only in so far as t o ensure for such persons good travelling conditions and similar t r e a t m e n t on board t o t h a t which they have received at the time of their journey abroad. B u t often, where the emigrants have been unsuccessful, and particularly in the case of sickness or death of the head of t h e family, t h e y are prevented from returning home as t h e y would like t o do by the high cost of this further journey. Assistance is therefore forthcoming, in order t o relieve t h e m wholly or in p a r t of the expense of travelling. For instance, emigration laws often make it obligatory upon companies licensed for the transport of emigrants t o place at the disposal of consular representatives a certain number of free passages, or passages a t half-fares, for the benefit of emigrants; they are distributed either according t o the order of preference laid down by law (young men returning for military service, paupers, large families, etc.) or a t the discretion of the consuls. I n other cases it is provided t h a t emigrants who have become necessitous must be repatriated by the company which brought t h e m out. I n order to assist such return, the budget, with the emigration fund where such exists, very generally makes provision for certain sums t o be put at the disposal of the consuls for such purposes. B u t relief of this kind is always on a restricted scale, and m a y only be granted in fairly exceptional circumstances. Private institutions, State-supported or otherwise, of a benevolent or charitable character, fairly frequently give assistance in these cases of repatriation. Sometimes these are associations for the protection of the emigrants having their headquarters in VOLUNTARY REPATRIATION SSI the country of emigration, and sometimes they are institutions for general assistance set up by settlers of the same nationality in the country of immigration (Chapter IV, § 2, and Chapter XI). The latter class of societies generally act in collaboration with the consuls. It should finally be noted that, in virtue of certain international Conventions concerning the repatriation of necessitous persons, sick, children, etc., the expenses of repatriation are often borne by the country of residence. These matters will be dealt with in Volume III of this study, Chapter VI. The cases in which assistance in repatriation is granted in pursuance of an enactment by the country of immigration are dealt with in Chapter X of Volume II. BELGIAN MANDATED TERRITORY : Ruanda-Urundi.—In those cases in which a native is obliged to be furnished with a passport in order to leave the territory, t h a t is to say, in all other cases t h a n those of journeys to places close to the frontier, it is forbidden to take a native out of the country on any pretext or to help him in any way to leave it. The Government of the territory has the right to repayment, by those who have disobeyed this regulation, of any money which they may have advanced for the maintenance, medical attendance, and repatriation of the native who lias been the object of the contravention. (Decree of 19 July 1926, section 13.) AUSTRIA.—The Austrian authorities may require the transport companies licensed t o carry emigrants to repatriate necessitous Austrian emigrants a t half fares up to any European port at which the ship used for this transport calls, in the proportion of 2 per cent, of the number of Austrian emigrants carried in the same year by the aforesaid company, (Regulations of 27 June 1921, section 31.) BELGIUM.—Belgian subjects abroad cannot claim the right of repatriation at' the expense of the public treasury. Repatriation is always optional; it must be regarded as one of the exceptional measures. If there is nothing against a necessitous emigrant, who desires to return to his native country, he may apply to the Belgian consul, who does not take any action in the matter of repatriation, but submits the case to the Department of Foreign Affairs. In principle the latter refuses to bear the cost of the return journey to Belgium, on two grounds: insufficient funds and the necessity of discouraging the emigration of Belgian subjects who are incapable of earning their own living abroad. In exceptional cases, young persons under age and those unable to work, who have been in charge of a Belgian emigrant who has died suddenly, or who have been abandoned by the persons supporting them, are repatriated. The wording of the Belgian passport formally mentions t h a t the Government will not take steps to repatriate Belgians who go abroad and who fall into necessitous circumstances there. In those cases in which the applicants have ascendants or descendants in Belgium who are in a position finally to defray the expenses of repatriation, the Department of Foreign Affairs undertakes this repatriation which has to be repaid later in instalments. (According to a communication by the Belgian Government to the International Labour Office, January 1927.) 332 REPATRIATION OF EMIGRANTS Congo.—The Care Committee for Native Children, set up by Decree of the Secretary of State dated 5 November 1896, undertakes, among other duties, to watch over the repatriation of native children residing abroad. The Decree of 14 August 1922 on the Emigration of Blacks only allows the embarkation of a native if the deposit of a certain sum has been made by himself or by another person, in order to cover the expenses of maintenance or of medical attendance in case of sickness outside the colony and of the repatriation of the native emigrant, should such expenses be incurred. The sum is, however, repaid five years after he leaves the country (sections 3, 7, 8, and 9). CZECHOSLOVAKIA.—According to the Act of 15 February 1922, section 31, the transport undertaking is obliged to repatriate a t half-fares, up to a Continental European port habitually used by Czechoslovak emigrants in returning to their country, necessitous Czechoslovak subjects returned to their homes for any reason whatsoever by the Czechoslovak representative of the place where they are living, the number of emigrants whom they have to transport in this way not to exceed 1 per cent, of the Czechoslovak emigrants transported during the previous calendar year to the country of emigration by the same undertaking. The instructions for the execution of this Act, issued by Decree of 8 J u n e 1922, add that the Ministry of Social Welfare may require the transport undertaking to repatriate one emigrant entirely free of charge instead of two emigrants a t half-fares (section 38) ; it provides for various other useful measures, according to the circumstances, for the protection of Czechoslovak emigrants during their return (section 43). DENMARK.—The instructions to consuls (18 January 1912) state t h a t if no work can be obtained by an emigrant, or if a necessitous emigrant is incapable of working, it is often the best thing to repatriate such persons, if situated in countries not very distant from Denmark and having easy communication with t h a t country. In the case of more distant countries, the preliminary consent of the Ministry of Foreign Affairs must be obtained. In case of repatriation, the necessitous emigrant receives a certificate containing information as to the reason of his repatriation and as to the assistance granted. GERMANY.—The Federal Emigration Office has created a Fund of Assistance for the repatriation of returning German emigrants. GREECE.—According to the Emigration Act of 24 July 1920, section 17, emigration agents are obliged each year to put a t the disposal of the Ministry of the Interior, or of the authorities appointed by the same, 20 free thirdclass passages from New York to a Greek port, and 50 passages a t halffares, for the repatriation of Greek subjects without financial resources. HUNGARY.—The Hungarian Emigration Act of 1909 states that the first call on the Emigration Fund is for the total or partial payment of the expenses of return of necessitous emigrants who wish to return to their native country (section 29). INDIA.—As the result of agreements between the Indian Government and the Governments of the countries approved for the emigration of Indian subjects, concluded for the protection of these emigrants by a system of Government supervision, a number of repatriations a t the expense of the Governments of the countries of immigration have taken place of late years. These repatriations will be dealt with under the headings of the countries approved for the employment of Indian workers in Volume I I of this study. VOLUNTARY REPATRIATION 333 ITALY.—The Italian Regulations of 10 July 1901, confirmed by the Decree of 14 March 1909, stipulate t h a t transport undertakings are obliged, when their ships carry Italian third-class passengers from an overseas port to an Italian port, to observe the requirements concerning speed and other conditions of seaworthiness, of sanitation, of safety, etc., imposed on vessels intended to transport emigrants from Italian ports to those abroad. The fares charged must be the same. In the case of a ship which has left an Italian port with Italian emigrants on board, the naval medical officer must, on the return voyage, give medical attendance and other assistance to Italian third-class passengers up to its arrival a t the Italian port of destination; non-Italian passengers are a t liberty to request the attendance of the ship's doctor, and in those cases in which the ship has no doctor, the Italian doctor has the duty of attending to the passengers and the crew. The Italian doctor must see to it that the emigrant quarters on board are properly washed and disinfected before the ship begins its return voyage, and t h a t all the requirements concerning the berths, mattresses, and bedclothes intended for third-class passengers have been complied with. The shipping company must in the transport contracts which it concludes with emigrants returning to their country comply with the requirements in force under the regulations for the transport of emigrants from an Italian port to a destination abroad. I t must also be stated whether the repatriation of the emigrant is to be made directly or by means of transhipment a t an intermediate port, and whether part of the distance has to be covered by rail. In the case of transhipment, the requirements of the regulations must be observed. If the ship does not sail on the day fixed in the contrae^, the company responsible for the postponement is obliged to provide the emigrants with accommodation up till the day of sailing, as well as to comply with such requirements as the Italian consul may think fit to lay down for the benefit of the returning emigrants. The latter have the right to lay complaints against the company for any loss or damage suffered by them abroad or during the return voyage, addressing these to the naval medical officer, to the Emigration Commissioner, or to a competent inspector. According to the consolidated text of the Emigration Act of 13 November 1919, section 30, the transport undertaking is obliged to carry and maintain necessitous Italians repatriated by order or at the request of an Italian diplomatic or consular agent according to a scale of charges drawn up by special orders of the General Emigration Department. The fares to be paid in thes e cases by the Government, which were fixed a t 20 lire 1 per day, per head, jncluding board, by the text of 13 November 1919, were reduced subseq uently to 15 lire per day, per adult, end 3 lire per child between 3 and 12 years, children below this age being carried free of charge (Decree of 29 June 192,2). The number of necessitous persons repatriated under these conditions must be a maximum of 10 persons (i.e. persons each occupying a whole berth) for ships of tonnage not exceeding 1,000, with an increase of 1 person per 200 tons or part of the same in excess of 1,000 tons, up to a total of 30 repatriated persons. JAPAN.—-The Emigrants Protection Act, consolidated in 1907,states that the Japanese Administrative Authorities may require an independent emigrant to appoint as his sureties not less than two persons, who shall, in case he falls sick or is otherwise in distress, give him assistance, or cause him to return, or, if he has been assisted or brought home by the administrative authorities, reimburse the expenses incurred on his account (section III). Korea.—The same requirement is to be found in the Korean Legislation. * One lira = 2-7d. 334 REPATRIATION OF EMIGRANTS (Emigrants Protection Act, 1906, revised in 1908, section VI, and Rules under the Act, section II.) POLAND 1 .—On the. recommendation of the Polish representatives abroad, the licensed companies must repatriate free of charge, under the same conditions under which they transport Polish emigrants on an outward voyage, 1 per cent, of the number of Polish emigrants which each of them has carried during the year. A deduction is made from this number for emigrants repatriated a t the expense of the company in virtue of American legislation, with the exception of those who have been rejected as not complying with the conditions of the immigration regulations and have been accepted by the company in spite of their irregular position. (Model Licence for Transport Undertakings, 1925, section 25.) PORTUGAL.—The Decree of 10 May 1919, section 27, obliges shipping companies which undertake the transport of emigrants to repatriate free of charge from every foreign port at which they have landed Portuguese emigrants, and under the same conditions of accommodation and board as third-class passengers, those Portuguese emigrants who are recommended to them by the consul, in the proportion of 3 per cent, of the number of emigrants whom they have brought out, and to repatriate a t half fares 10 per cent, of the same number. The basis for the calculation of these tickets is the duplicates of the lists of emigrants embarked on each ship, which are transmitted by the emigration services to the Portuguese consul at the place of destination; these calculations are made every three months, the number of emigrants carried during the preceding three months determining the number of repatriations t h a t have to be made under these conditions during the following three months. I t is, however, within the powers of the consul to distribute the repatriated persons who enjoy these privileges between the various return voyages made during the year. The shipping companies which do not carry out their obligations in this respect can have their licences cancelled and may, in addition, be required to pay the fine of 100 to 500 escudos to which they are liable for any failure to fulfil the obligations which they have undertaken. In issuing these privilege tickets, priority is given in the following order : to emigrants returning to Portugal to perform their military service, to individuals suffering from a serious but not contagious disease, to young persons under age, to the heads of large families, to shipwrecked persons. (Decree No. 5624 of 10 May 1919, sections 27 and 29; Decree No. 5886 of 19 J u n e 1919, sections 99 t o 104.) SERB-CROAT-SLOVENE KINGDOM.—The shipping companies licensed for the transport of emigrants must always reserve on each ship on its return voyages 15 places for necessitous persons who are repatriated by the good offices of the consular authorities. (Act of 30 December 1921, section 28.) SPAIN.—Shipowners cr charterers licensed for the transport of emigrants are obliged to repatriate, a t half-fares, a number of emigrants which may not exceed 20 per cent, of the emigrants whom they have conveyed to the country in question in the course of the preceding year. Licence holders must produce evidence to the consular emigration committee in regard to the repatriations at half-fares which they have carried out during the preceding three months. At the end of each year there is a settling up and the shipping companies which have not carried out such repatriations, or have done so in a proportion lower than t h a t which their company was 1 See Supplement I : Decree of 11 Oct. 1927. ADVANTAGES GRANTED TO RETURNED EMIGRANTS 335 obliged to provide, must pay in cash to the Emigrant Fund Office the amount of the half passages which they ought t o have furnished. These sums are used solely for the repatriation of Spanish subjects. Should a company fail to pay, its deposit is drawn upon for the amount. The consuls and consular agents, with the assistance of the consular emigration committees (juntas consulares), must organise the repatriation of emigrants and must distribute, according to their discretion, the half-price tickets due from the company. They must, in particular, assist the repatriation of young men who are obliged to return to Spain in order to perform their military service. These young men must have priority in the distribution of repatriation tickets a t half-price. (Consolidated Text of t h e Act of 20 December 1924, section 48, and Military Regulations of 27 February 1925, sections 472-473.) » All the requirements concerning conditions of safety and equipment imposed on emigration ships are applicable on t h e return voyage t o the transport of returned emigrants. Similarly, foreign ships are obliged to have on board Spanish medical staff under the same conditions as on the outward voyage, and the doctor must also carry out inspection on the return voyage. He may not leave the ship until the last Spanish port a t which returned emigrants are landed. (Consolidated Text of the Regulations of 20 December 1924, sections 96 and 131, and Instructions by the DirecorateGeneral of Emigration, 3 December 1925.) SWITZERLAND.—The Ordinance of the Federal Council dated 3 December 1923 requires, in section 12, t h a t Swiss subjects who have become necessitous in foreign countries, not by their own fault, may be maintained a t the expense of the Federal Government if they have no right to public assistance in the country where they are, or m a y be repatriated a t the cost of the Federal Government. § 6.—Advantages Granted to Returned Emigrants Generally speaking, an ex-emigrant who returns t o his own country has t h e right t o enjoy there all t h e benefits conferred b y law on its nationals (insurance, old-age pensions, charitable assistance,etc.). Moreover, he sometimes enjoys special privileges. The measures t a k e n in favour of returned emigrants are of t w o kinds. Some are temporary measures t a k e n t o meet a great social emergency; others are of a permanent character. Among t h e former must be counted t h e assistance given in some countries t o demobilised soldiers towards their reinstatement (in Australia and Canada, for instance), as well as measures necessitated b y the exchanges of populations which followed t h e war. I n t h e various countries concerned in these exchanges, those persons who opted for a certain nationality enjoyed special advantages in settling in t h e countries of their choice. The t e r m "repatriat i o n " m a y t h u s be stretched t o cover individuals who have never i See also Supplement I I : Decree of 9 Deo. 1927. 336 REPATRIATION OF EMIGRANTS inhabited t h e territory of a given country, b u t who on racial grounds are considered as being its nationals. This was the case in Bulgaria, Germany, Greece, Hungary, Poland, and Turkey. The methods employed for t h e assistance of peoples exchanged after the war were principally the distribution of assistance in money or of grants of land and of the necessaries for commencing its occupation and cultivation. The measures taken in Germany after the war are an instance of the first mode of assistance. A department was set u p under the Federal Emigration Office (Reichswanderungsamt) for financial assistance t o Germans who had returned from all parts of the world; the Settlers' Bank (Kolonisten-Bank) was organised on a co-operative basis for the special assistance of Germans returning from Russia. I n Poland the second procedure was adopted; a Returned Emigrant Aid Service was engaged in receiving t h e m and helping t h e m t o undertake agricultural work, vacant lands being allotted t o them. Somewhat similar t o the efforts mentioned above are t h e advantages granted in Turkey t o persons of other nationality deemed t o be of "Turkish race" (see Volume I I , Chapter X I , § 1). Another migration movement which m a y be considered in some sort as repatriation is the re-peopling of Palestine by Jews under the influence of the Zionist movement. I n Volume I I attention will be given t o certain measures tending t o facilitate this rebuilding of the Jewish nation. Sometimes an emergency organisation has developed into a permanent organisation for the reinstatement of returned emigrants. On application t o the State Agricultural Offices, Polish returned emigrants can purchase holdings of arable land, on what has been private property on specially favourable terms 1. I n Chile, various legislative enactments (Regulations of 11 March 1896, Act of 14 September 1896 and Decree of 24 September 1896) on national colonisation b y Chilians returned from the Argentine Republic give rights t o the occupation of State-owned land t o Chilian nationals who can prove t h a t t h e y have previously emigrated t o and been established in the Argentine Republic, and have returned, or are about to return t o Chile, and t o full ownership of t h e holdings granted on condition t h a t t h e y cultivate 1 Circular of June 1925. Biuktyn Vrzedu Mmigracynjo, No. 6, July 1925. ADVANTAGES GRANTED TO RETURNED EMIGRANTS 337 their holdings themselves for the period of five years and undertake certain preliminary development work. I n Paraguay, according t o Act No. 822 of 17 July 1926, public lands which are still unoccupied are allocated t o Paraguan subjects who are returned emigrants on the same terms as t o foreign immigrants. That is t o say, t h a t they obtain full ownership after four years of occupation if they have carried out certain development work. I n 1923 arrangements were entered into in Canada between the province of Quebec and the Federal Government in regard t o the necessary measures t o be taken for the reinstatement of a number of French Canadians and their descendants who had previously emigrated t o the United States and were then returning in large numbers. On other occasions special grants have been made only t o those nationals returning t o their country on account of unemployment in the country t o which they had emigrated. I n Switzerland assistance of this kind, entitled "assistance t o Swiss .nationals abroad", has been given several times since the war without, however, a permanent right being established. (Federal Decree of 21 J u n e 1923, Ordinance of 3 December 1923, and Decree by t h e Federal Council of 7 March 1924.) I t may be added t h a t in the majority of emigration countries emigrant hostels also give accommodation t o returned emigrants. Sometimes, however, special hostels and canteens are organised for the benefit of returned emigrants, as was t h e case in Mexico in 1923. 23 338 PROTECTION OF EMIGRANTS BY THEIR NATIONAL AUTHORITIES CHAPTER XI P R O T E C T I O N OF E M I G R A N T S BY THEIR N A T I O N A L AUTHORITIES On arrival in t h e country of destination, t h e emigrant becomes subject t o t h e laws of the country accepting him and is required t o respect these laws ; he is, in exchange, afforded protection more or less similar t o t h a t granted t o nationals. This question will be further discussed in Volume I I , Chapter X I . On the other hand, however, the protection ordinarily affoided b y the laws of his native country n o longer extends t o him, or a t least may do so only indirectly, as the sovereignty of each Government ceases a t its national frontiers. On foreign soil, a p a r t from exceptional cases of refusal of justice-—where, no protective action being taken in respect of a foreign inhabitant, international custom allows the Government of the country of such person t o lodge a complaint through the medium of its diplomatic representatives—the protection of emigrants may be ensured only through treaties concluded with the Government on whose territory it is desired t o exercise such action, or in virtue of the tolerance of such Government. B u t the extent of this right is sometimes very ill-defined. Action m a y sometimes be taken on the ground t h a t the authority of a Government vis-à-vis its nationals is not affected b y expatriation, t h a t a Government retains its rights over its subjects, and even continues t o assume certain responsibilities towards them, after they have left its national territory. I n consequence of these opposing tendencies, the authority of the respective countries frequently clashes with regard t o the exercise of rights t h a t are only vaguely defined b y the comitas gentium. On whatever side its interests m a y lie, each country shows a tendency t o defend with quite special tenacity its sovereign DUTIES OF DIPLOMATIC AND CONSULAR. AGENTS 339 rights on places or on persons under its dependence. During recent years, when emigration and immigration have been increasingly regulated, there has been an obvious effort among emigration countries t o include in a vast legislative and administrative structure some definite means of protecting their nationals abroad and t o develop such protection as far as possible, large sums sometimes being devoted t o this purpose; while, on the other hand, the immigration countries have been striving t o protect their territorial rights. Hence a state of tension of which the inconveniences are not t o be ignored. I n certain cases, international treaties, multilateral or bilateral, have already partially defined the prerogatives of both parties. Thus, the majority of countries are bound by consular treaties which allow the contracting parties t o maintain in each country representatives entitled t o afford protection, the scope of which is generally more or less defined, t o nationals of the countries b y which t h e y are accredited. I n virtue of the privileges granted t h e m by such treaties, the emigration countries often give their representatives abroad special instructions regarding the welfare of their emigrants. This method will be surveyed in § 1 of t h e present chapter. In addition t o these means, the countries of origin endeavour t o further their system of protection through the medium of special agents appointed for this purpose. Again, more complex bodies, such as societies and institutions with various aims, established abroad, devote themselves t ô this work and are encouraged and supported t o a greater or lesser extent by their Government. Their mission and the channels through which such agents and institutions accomplish their task are described respectively in § § 2 and 3 of the present chapter. § 1.—Duties of Diplomatic and Consular A g e n t s The p a r t played b y diplomatic agents in the protection of emigrants can only be very general on account of the somewhat solemn character adopted b y diplomatic negotiations. They may intervene t o draw attention t o the privileges which t h e laws of the country of settlement and treaties grant t o emigrants when the failure t o observe such privileges is the fault, not of an 340 PROTECTION OF EMIGRANTS BY T H E I R NATIONAL AUTHORITIES individual, b u t of the State of residence itself; b u t they are rarely required t o take action in individual cases. The action taken b y consuls varies largely according t o the rights granted t h e m by consular treaties, the laws, and local custom. The consular regulations drafted unilaterally by an emigration country t o determine the powers of their consuls may thus be said t o constitute a maximum programme of action, which, however, cannot be applied in a uniform manner in all countries, as the enforcement of its various clauses does not depend on a single authority. The duties in which the legality of the consul's action cannot be challenged are those connected with the relations of the emigrants with their native country. I t should be noted t h a t consuls are generally entitled t o supervise t h e enforcement of legislative provisions respecting t h e transport of emigrants, b y seeing t h a t ships in foreign parts are inspected, a n d b y reporting a n y irregularities discovered, t o collect and transmit emigrants' complaints against the dupery of recruiting a n d employment agents, or against abuses of transport agents a n d shippers of their country, t o advise plaintiffs as t o the steps t o be taken in connection with legal proceedings, and even t o represent, t h e m , t o help new arrivals t o find employment, t o advise emigrants in connection with difficulties encountered, t o provide t h e m with hospital t r e a t m e n t and grant them the required relief in cases of necessity, in accordance with the conditions laid down in existing agreements, t o facilitate their repatriation, either b y utilising the money officially placed a t their disposal for this purpose or in helping t h e m t o obtain return tickets free of charge or a t reduced prices, which are often claimed from t h e concessionary companies. The consuls are also required t o study local economic conditions and t o supply information t o their Government on t h e possibilities of emigration and settlement, as well as on amendments made in t h e regulations concerning such matters b y the country t o which t h e y are accredited. I n order t o render the consul's work efficient a n d t o facilitate t h e safeguarding of their nationals' interests, etc., States often recommend emigrants t o register a t t h e national consulates. The laws of certain countries make registration compulsory, either for all nationals or for certain classes of them. DUTIES OF DIPLOMATIC AND CONSULAR AGENTS 341 BELGIUM.—The Act of 14 December 1876 states that the consuls, assisted where necessary by the competent persons, will note infringements committed on board Belgian ships in foreign ports. (Order confirmed by a communication of the Belgian Government in 1926.) CHINA.—Section 14 of the Act of 21 April 1918 states that members of the staff of Chinese legations and consulates in countries receiving Chinese emigrants may be appointed as Emigration Commissioners in the absence of specially qualified officials. C O S T A RICA.—The Act of 28 October 1922 on the recruiting of workers for abroad states that consular agents of the Republic are required to keep in touch with national workers who have been transported abroad in virtue of a contract of employment, and to inform the Government respecting the fulfilment of such contracts. CZECHOSLOVAKIA.—According to section 35 of the Administrative Order of 8 J u n e 1922, Czechoslovak representatives abroad are required to see to the enforcement of the Emigration Act, to safeguard the interests of Czechoslovak emigrants settled in their district, and to act as referees in all disputes arising between emigrants and shipping agencies respecting the fulfilment of contracts. (See Chapter VII, § 4, (e).) DENMARK.—Danish consular officials are forbidden to take part in emigration companies, and to take any steps to encourage the emigration of Danish subjects ; but they are required by the Act of 1 May 1868 to protect Danish emigrants. It has been seen in Chapter VII, § 3, (d), that when vessels put in at a port of call the Danish consul is required to look after the interests of the emigrants and to see to the observance of the clauses of shipping licences relating to the obligations of the transport companies towards the emigrants. The consuls in the ports of call and countries of destination are likewise required to submit to the Danish authorities all complaints lodged by emigrants against shipping companies, and notably reports made in this connection by medical inspectors on board ship. (See Chapter VII, § 4, (e).) GERMANY.—The consuls are required to afford protection to their fellow-countrymen. Those in need of help (poor and sick persons) are granted it from the funds put a t the disposal of the consulates, and where necessary the consul must arrange for their repatriation. He must keep a register of all persons applying to him and living in his district. Registration is not compulsory except in the Levant. GREECE.—The Emigration Act of 24 June 1920 stipulates that complaints made against shipping companies respecting faulty execution of contracts must be handed to the Greek consul in the port of arrival (section 31). H A I T I . — I n the absence of officials specially appointed to look after emigrants, the Haitian consul in the port of arrival is required to see t h a t the terms of emigration contracts are observed. No emigrant may be landed in a foreign port in the absence of the consular representative, while emigrants are required to submit their passports t o the consul in the port of arrival, to be verified, countersigned and registered, and to register with the consul. Registration is established by means of a certificate stating the number of the passport of the emigrant, his name in full, age, place of birth, residence in Haiti, the port at which he embarked, and the place where he intends to live. Again, all employers engaging Haitian workers abroad must "notify the nearest Haitian consul as soon as possible of any accident or serious illness 342 PROTECTION OF EMIGRANTS BY THEIR NATIONAL, AUTHORITIES befalling a Haitian emigrant". sections 3, 17, and 18.) (Emigration Act of 28 February 1924, ITALY.—The Emigration Act states t h a t emigrants may obtain the assistance of emigration inspectors by making a complaint to the consul in writing or verbally. The examination of cases is carried out officially. On arrival at the port of destination, the military medical officer or the emigration inspector on board ship is required to proceed immediately to the Italian consulate and submit his report for registration. He informs the consular authorities of all important incidents occurring during the voyage. When requested, the consul must go on board ship and help the emigrants. I n the absence of special officials of the Emigration D e p a r t m e n t l , consular or other State officials are entrusted with the protection of emigrants and inspection a t the ports of call on arrival of all vessels carrying Italian emigrants. (Consolidated Text of the Emigration Acts, 13 November 1919, section 8, and Regulations of 1901.) JAPAN.—A Japanese subject settling abroad is required within one week of his arrival to register with the Japanese diplomatic or consular authorities (legation, general consulate, or consulate); consular agents, however, are not entitled to register emigrants. The emigrant's statement must show his name in full, date of birth, former domicile, civil status, occupation, actual place of residence and address, and the date of his arrival in such place. Change of address or civil status of a n emigrant must be notified to the authorities having jurisdiction. On returning to Japan, a n emigrant is likewise required to notify the competent Japanese authority of his departure. Registration is free of charge. (Order of 7 May 1909 respecting the registration of Japanese nationals living abroad.) LITHUANIA.—Lithuanian nationals living abroad are required to report every six months to the diplomatic or consular representatives of Lithuania in the country in which they reside. (Passport Instructions, 18 September 1926, section 17.) NETHERLANDS : East Indies.—The supervision of Javanese workers abroad is carried out by officials of the Labour Inspectorate in agreement with the consuls. The approved model contract of employment for natives recruited for the Straits Settlements requires the employer to notify the Netherlands Consul-General in Singapore of the expiry of the contract, showing whether the contract has been renewed or whether the worker and his dependants have been sent back to their home in the Dutch Indies and by what ship, or whether the worker has taken employment elsewhere. NICARAGUA.—A Decree promulgated on 7 February 1923 states that Nicaraguan consuls and diplomatic representatives in countries where Nicaraguan workers are engaged by contract must pay the greatest attention to the fulfilment of contracts of employment, a copy of which must be filed with them. They are also required to furnish their Government with reports on such matters a t least once a month. POLAND.—The Act of 17 November 1924 respecting the organisation of consulates and the duties of consuls requires the latter to protect the rights, property, and interests of Polish nationals ibroad, to grant them the l i t ha3 been seen that the Decree of 28 April 1927 substituted the General-Directorate of Italians Abroad for the General Emigration Department. When this change was made, the Italian Government expressed its intention of widening and strengthening consular action for the protection of national emigrants. DUTIES OF DIPLOMATIC AND CONSULAR AGENTS 343 assistance of which they may stand in need, and to supervise the enforcement of international agreements. The consuls must give particular attention to permanent and seasonal Polish emigration to the districts in their charge, and to repatriation to Poland, and keep the Government informed of all matters relating to emigration (sections 1, 15, and 20) K PORTUGAL.—The Portuguese Consular Regulations, promulgated by Decree No. 6462 of 7 March 1920, order consuls to protect emigrants by supervising the observance of contracts of employment, by seeing to conditions of accommodation at transport centres and by directing emigrants to their destination, by helping them when they are ill-treated in their place of employment, and by transmitting their complaints to the competent authorities. Consuls are further required to provide the General Emigration Department with lists of all emigrants and Portuguese passengers landed in their district from ships authorised to carry emigrants, such lists to be accompanied by a report relating to the voyage. The Regulations also request consuls to take the necessary steps to arrange for the admission of destitute Portuguese suffering from illness to foreign hospitals in their district by claiming reciprocal treatment, as foreigners are treated free of charge in Portuguese hospitals on producing a certificate from their consul testifying to their lack of means. Consuls have also to deal with the repatriation of Portuguese nationals, sick and destitute persons and sailors in distress being sent home free of charge. Returns must be sent in to the General Emigration Department concerning the persons repatriated by their efforts (sections 98 to 104). RUMANIA.—The Act of 11 April 1925, section 34, and the Admini* strative Regulations of 22 June framed for its enforcement provide for the creation in foreign ports of embarkation and in arrival centres for Rumanian emigrants of supervisory and advisory bodies under the control of the Rumanian diplomatic agents. SERB-CROAT-SLOVENE KINGDOM.—In the absence of officials specially appointed for the supervision of emigrants, the diplomatic and consular agents of the Kingdom in foreign countries are entrusted with this duty. SPAIN.—According to the consolidated text of the Emigration Act (20 December 1924), the Spanish Government, must arrange to appoint consuls in countries to which Spanish emigration is directed. I t will increase its consular staff according to the requirement of emigration. In addition to the duties attached to their position, Spanish consuls are required to look after the emigrants in their districts. They must receive and transmit all complaints made by emigrants, keep a special register of such complaints, and take the necessary steps to solve difficulties submitted to them. They are required to see that the emigration companies repatriate emigrants according to the conditions laid down by law, and to encourage the formation of societies and associations for the purpose of the defence, protection, and mutual assistance of Spaniards. They are also responsible for the performance of the duties entrusted to the special consular emigration agents and the consular committees, in the absence of such officials and committees (see § 2). The consuls have to keep a special register of emigrants under 21 years of age, and to exercise strict supervision over their situation with respect to military service. The preliminary formalities in connection with the calling-up of such emigrants must be carried out through the consuls; who 1 For further information, see Supplement I. 344 PROTECTION OF EMIGRANTS BY THEIR NATIONAL AUTHORITIES are required to transmit all information on such matters to the DirectorateGeneral of Emigration, which, in turn, informs the municipal authorities concerned. The consuls are obliged to send quarterly reports to the Directorate-General of Emigration concerning t h e information in their possession respecting the demand for labour in their district, wages, and all other matters of interest to Spanish emigrants, and to send in an annual statistical and explanatory memorandum on Spanish immigration to the countries in which they are appointed. All services rendered by consuls a t the request of emigrants shall be free of charge (sections 17 to 20). SWEDEN.—Workers employed abroad under a contract, who desire to lodge a complaint for breach of contract against the agents finding them employment, must forward this complaint through t h e consul of their district. If, when the complaint has been verified, no satisfaction can be obtained directly, the consul shall make a report on the matter to his Government and shall take steps for the repatriation of t h e person concerned, should the latter so desire. (Decree of 5 May 1916, section 7.) SWITZERLAND.—Swiss consuls in seaports are required to examine, free of charge, all complaints made by Swiss emigrants concerning breach of contracts. At the demand of the person concerned, a record of the evidence is sent to the Federal Council, which is entrusted with taking, within the limits of available credits, t h e necessary measures, so that in the principal ports of arrival, Swiss emigrants may receive help and advice. (Act of 22 March 1888.) § 2 . — E m i g r a t i o n A g e n t s and S i m i l a r Officials Besides ambassadors and consuls, a number of States appoint special officials t o deal with m a t t e r s connected with emigration. These officials are required t o keep t h e national emigration services supplied with information (see Chapter V) and t o propagate their influence abroad. I n virtue of this latter function, which alone is of interest t o us here, t h e y have t o provide emigrants with legal assistance in connection with difficulties arising from workmen's compensation claims, t o help emigrants t o find employment, t o aid t h e m when t h e y are unsuitably placed or ill, a n d t o facilitate their repatriation in such cases. They are often entrusted with t h e encouragement of national traditions among t h e colonists, the opening of schools in t h e mother tongue, libraries, etc. BELGIAN M A N D A T E D TERRITORY : Ruanda -Urundi.—The Government of the territory is required, by a Decree issued on 19 July 1926, to organise services for the supervision and protection of natives of RuandaUrundi leaving the territory (section 15). CZECHOSLOVAKIA.—The Regulations of 8 J u n e 1922 stipulate that the Minister of Social Welfare may appoint special officials and emigration EMIGRATION AGENTS AND SIMILAR OFFICIALS 345 inspectors and commissioners, assisted by the necessary staff, for the protection of emigrants abroad, in places where the need for them is felt (section 45). HAITI.—The Emigration Act of 28 February 1924 empowers the Government to appoint special agents for the protection of Haitian workers abroad (section 17). INDIA.—Agents are appointed by the Indian Government to supervise the execution of the provisions of the Emigration Act in countries to which emigration for the purposes of unskilled labour is permitted. These officials look after the welfare of Indian emigrants in those countries in which they are appointed, obtain information, and forward annual reports to the GovernorGeneral in Council concerning conditions affecting emigrants. They must, so far as may be possible, protect and advise all classes of Indian emigrants, and bring any requirements of such emigrants to the notice of the proper authorities in India or in the country in which they are appointed. They are further required to inspect emigrant vessels on arrival and to keep registers of arrivals and departures ; they visit places where emigrants work and reside, and satisfy themselves that the conditions in which emigration is permitted are being strictly observed. In carrying out the above duties, agents act in co-operation with the Immigration Department of the Government of the country in which they are appointed. Where the Government of India does not appoint an agent to provide the necessary protection for emigrants, the Governments of the immigration countries permitted to recruit unskilled labour in India must themselves appoint an official to perform such duties. (Rules of 10 March 1923, section 56, and Notifications regarding Emigration to Ceylon and Malaya, February 1923, sections 6 and 7.) ITALY.—The consolidated text of the Emigration Acts, section 8, states that "offices for protecting emigrants, for supplying them with information, and for getting them into employment shall be established by agreement with the Governments concerned or otherwise in countries to which Italians emigrate. Emigration officers may be appointed in the principal centres to which Italians emigrate, in a manner to be determined by the regulations ; they shall supply information to the Departments on the conditions affecting Italian emigration, collect and transmit the, wishes of emigrants, and discharge any other duties that are entrusted to them". According to the same text, regular inspections are carried out on board vessels transporting emigrants, both at intermediate ports and at the final destination, by the same officials. As a result of these provisions, the protection of emigrants abroad has undergone considerable development, and, according to the report submitted by the Emigration Department for the years 1924 and 1925 special foreign offices set up and maintained by the Department existed in 1925, in Paris, Berne, Berlin, Ottawa, Washington, New York, Säo Paulo, Buenos Ayres, and Brussels. Emigration correspondents attached to the Italian consulate were to be found in Marseilles, Nancy, Metz, Strasburg, Rheims, Modane, Toulouse, Brussels, 1Lausanne, Geneva, Prague, Budapest, Bucharest, Moscow, and Athens . J A P A N . — A n emigration agency may not send emigrants to countries where they have no representative, and such representative may not absent himself without having previously requested permission from the Japanese Government and without having been replaced. He is required to keep a register of Japanese emigrants sent out by the agency, to note their 1 See also note on p. 342. 346 PROTECTION OF EMIGRANTS BY THEIR NATIONAL AUTHORITIES occupation, the name of their employers, and, where such emigrants are recruited by contract, to keep their wages-book. These books and the registers kept by thé representative of the recruiting company must be produced at the demand of the Japanese authorities in the district in question. (Emigrants Protection Act, consolidated in 1907, section X I , and Administrative Regulations, sections XV to XIX.) Korea.—No emigration agent may cause a Korean subject to emigrate to a place where he has no employee or representative. (Emigrants Protection Act, 1906, as amended in 1908, section VII.) POLAND 1 .—Emigration officers are attached to the diplomatic and consular representatives in countries to which Polish subjects emigrate. Their duties are as follows : to study local conditions of labour and to supply the Government with information thereon, to study openings for Polish emigration, t o give active help to emigrants in obtaining employment, to keep in constant touch with Polish emigrants, to act as their legal advisers in the field of social legislation, to assist the consuls in examining cases of accidents connected with their work, t o supervise the transfer of emigrants' savings to their native country, etc. Such agents are stationed in New York, Paris, Berlin, Montreal, Antwerp, and Vienna. A special Emigration Commissioner is also attached to the Port of Danzig. P O R T U G A L : Colonies.—The agreement concluded on 28 April 1926 between Angola and St. Thomas and Principe Islands allows the Government of the colony of Angola to send one of its officials, whenever if thinks fit, to inspect plantations on which Angolan natives are employed, in order to make sure that the conditions of contracts of employment are being observed, and to be in a position to make the necessary complaints. At the same time, this official may not interfere with the administration of the plantations. Again, the protection of recruited native workers is guaranteed by the Government of St. Thomas and Principe Islands, through the medium of the Curator-General and other officials of the province (section 39). The agreement of 14 November 1925 between Mozambique and St. Thomas and Principe Islands allows the Mozambique Government to have the first contingent only of recruited workers accompanied by an official of the Directorate of Native Affairs of Mozambique, who must remain in touch with the Curator of St. Thomas and Principe Islands during such time as may be necessary for the supervision of the working of the agreement, and the collection of information of interest to the Governor of Mozambique. S E R B - C R O A T - S L O V E N E KINGDOM.—The Government may, where it thinks fit, attach an emigration officer to the diplomatic and consular representatives of the Kingdom in foreign countries where there are large and important settlements of emigrants from the Kingdom. Such official shall be under the control of the diplomatic representative or consul concerned in respect of his official activities. I t is the duty of emigration officers to take all necessary steps for the protection of emigrants, especially as regards the respect of their rights by the transport agencies, and they are even entitled to inflict fines for infringements of such rights committed abroad. They must also assist the repatriation of emigrants, arrange for the transfer of their savings, and keep emigration centres advised of changes of economic conditions in the Serb-Croat-Slovene Kingdom. I n addition to these duties, they are required to supply the Ministry of Social Affairs with information on the country in which they are appointed, and with regular reports concerning the performance of their duties. (Act of 30 December 1921, sections 3 and 34, and Regulations of 30 July 1923, section 7.) 1 See Supplement I : Decree oí 11 (Jot. 1927. NATIONAL SOCIETIES AND INSTITUTIONS 347 SPAIN.—The Emigration Act of 20 December 1924, section 17, and the Supplementary Provisions, section 127, state t h a t consular officials (agragados) will be specially attached to the emigration services in the main centres of Spanish emigration. Acting in co-operation with the consular committees (juntas consulares), of which the organisation is described in Chapter IV, they are required to help emigrants on their arrival, to receive their claims or complaints respecting their treatment on board, to give them the necessary information respecting labour conditions in the country in question, to see t h a t the emigrants' contracts of employment are observed, to arrange for the defence of emigrants in the courts of the country of immigration, and to secure for them repatriation a t half price. They are further required to make an annual report on the performance of their duties to t h e Directorate-General. SWITZERLAND.—The Act of 22 March 1888, section 22, empowers the Federal Council to take the necessary measures within the limits of available credits, in order t h a t the Swiss emigrants may receive aid and advice a t the principal ports of embarkation and arrival. Emigration officers have been appointed to several ports in virtue of this provision, notably t o the port of New York. These officials are required to supply emigrants with information and any assistance of which they may stand in need. They are in constant touch with the Emigration Office, and furnish it with the necessary information concerning work open for Swiss emigrants in the area under their control. (According to a report of the Federal Council to the Federal Assembly on its management during 1923.) U N I T E D S T A T E S : P h i l i p p i n e Islands.—Act No. 2486 (1915), as amended by Act No. 3148, empowers the Governor-General of the Philippine Islands to appoint a commissioner in the territory in Hawaii, whose duty it shall be t o hear complaints made by Filipino labourers, to arrange differences between them and their employers, and to look after their interests generally. § 3.—National Societies and Institutions Various bodies, official, semi-official, or private (the latter promoted more or less directly by Government patronage, which sometimes takes the form of encouragement a n d sometimes of subsidies), co-operate with the above-mentioned officials in assisting emigrants and advancing the general interests of their country abroad. Some of these have essentially philanthropic aims, such as t h e private aid societies dealt with in § 2 of Chapter IV, while others pursue more utilitarian objects, and aim a t restoring t h e moral and material forces a t t e n u a t e d by emigration and and a t aiding economic expansion of t h e mother country. Special banking institutions or branches of national banks have been established abroad t o facilitate the transmission of emigrants' savings t o t h e mother country and t o provide national enterprise abroad with the capital necessary for installation and working purposes. Undertakings of this sort often receive no mention in 348 P R O T E C T I O N OF E M I G R A N T S B Y T H E I R N A T I O N A L A U T H O R I T I E S legislation, and as institutions they have already been discussed (Chapter IV, § 2). However, the emigration laws of certain countries promise State aid t o t h e various bodies engaged in emigrants' welfare work, and require consuls t o promote their foundation and encourage their development. CZECHOSLOVAKIA.—Act No. 71, of 15 February 1922, empowers the Minister of Social Welfare to establish the requisite bodies for the protection of emigrants, both in the Republic and abroad, and to invest with certain powers, under the Act, bodies already established or which may be established by private enterprise, especially those which facilitate commercial relations between emigrants and their mother country (section 4). The Act also states t h a t the Government is entitled to issue suitable regulations concerning the deposit of the savings of emigrants abroad, and their transmission to Czechoslovakia (section 45). HUNGARY.—The Emigration Act of 1909 states t h a t the Government, acting in co-operation with the Post Office Savings Bank or a national bank of good standing, must take the necessary steps to facilitate the deposit and transmission to Hungary of emigrants' savings (section 31). ITALY.—The foreign welfare bodies include a number of various institutions affording legal, moral, economic, and charitable assistance to emigrants, which are founded, or at least largely subsidised, by the Government. Offices giving legal assistance to emigrants have been established in Washington, Boston, Chicago, Denver, New York, Philadelphia, San Francisco, Montreal, Smyrna, Mexico, and Melbourne, their main duty being to help emigrants going to law in connection with their rights (workmen's compensation claims, inheritances, etc.). As regards moral support, Italian schools have been founded in the emigration centres, while the organisation of workers' spare time (dopo lavoro), evening classes, libraries, sports clubs, etc., has been greatly developed as the result of a Circular issued in 1925 by the Prime Minister to emigration offices abroad, and calling on them to encourage all such institutions. In order to permit emigrants to better their economic position, information centres and employment offices have been set up in addition to the various banking institutions mentioned in § 1 of Chapter IV, to facilitate the transmission of emigrants' savings to Italy. The Bank of Naples and the Bank of Sicily were empowered, by Decree dated 15 September 1923, to introduce the necessary measures and organisation. Charitable and philanthropic work in favour of emigrants is supported by the grant of official subsidies from an emigration fund to private bodies and Italian mutual aid societies. To facilitate the organisation of emigrant relief work and to serve as a guide in the drafting of its emigration policy, the Italian Government has proceeded, in recent years, to take a census of Italians living abroad, showing their number and social status. The census statement was concluded on 31 December 1924, being accompanied by a list of Italian societies and institutions abroad 1 . 1 F o r full information on t h e protection of I t a l i a n s abroad, see notably L'Emigrazione italiana negli ani 1924 e 1925, p p . 242-262, published by t h e G E N E R A I . EMIGRATION DEPARTMENT. NATIONAL SOCIETIES AND INSTITUTIONS 3.49 POLAND.—The Polish authorities have encouraged the foundation of Polish schools and Polish institutions of physical, intellectual, and moral culture, surgeries, etc., in various immigration countries. In addition, scholarships have been granted by the Polish Government and Polish societies abroad, to allow children of Polish emigrants to finish their education in the mother country, or to make short visits there. PORTUGAL.—Decree No. 5886 of 19 June 1919 empowers the General Emigration Department to set up, with the approval of the Minister of the Interior, welfare institutions for emigrants in Portugal and foreign countries. To facilitate the protection of emigrants the Decree states that the Department may, on the advice of the consul, entrust the execution of welfare work to philanthropic societies and other private bodies. Subsidies may be granted to such societies from the emigration fund. SERB-CROAT-SLOVENE KINGDOM.—The Emigration Act of 30 December 1921, section 3, stated that in all relatively large settlements of Yugoslav emigrants, an emigration committee of the national emigration bodies may be established to co-operate with the national, diplomatic, and consular authorities, and with the special representatives of the emigration services. SPAIN.—The consolidated text of the Emigration Acts requires consuls to "encourage by all means in their power the establishment of societies and associations for the purpose of the defence, protection, and mutual assistance of Spaniards abroad" (section 17). The same text states that " t h e Directorate-General of Emigration, in agreement with the Bank of Spain and the Directorate-General of Communications, shall submit to the Government proposals for the organisation of transmission, deposit, and investment, where necessary, of the savings of Spanish emigrants" (section 63). The working of the special committees (juntas consulares) has already been explained in the previous sections of this chapter. SWITZERLAND.—Federal and cantonal subsidies are granted annually to numerous bodies occupied with the welfare of Swiss nationals abroad. The work done by these bodies is various, many of them maintaining homes, hostels, and hospitals. Some of them are general, while others help only a certain class of person, e.g., children, young women, women, the aged, workers, etc. Among the societies for the protection of national emigrants should be mentioned the Nouvelle Société Helvétique, whose patrons' committee is presided over by the Chief of the Federal Political Department, and which aims at keeping in touch with emigrants by the publication of a review, by promoting the foundation of Swiss schools abroad, and by developing mutual assistance among its members. This society also helps Swiss nationals returning to Switzerland to fulfil their military obligations. 3 5 0 SPECIAL REGULATIONS CONCERNING CONTINENTAL EMIGRATION CHAPTER XII SPECIAL REGULATIONS CONCERNING CONTINENTAL EMIGRATION Emigration from one country t o another has increased considerably of late years. I t s importance from the legislative point of view has increased even more; for the simplicity of pre-war conditions, under which passports were usually non-existent and no formality whatever was called for in order t o pass the great majority of frontiers, enabled large numbers of workers t o pass almost unnoticed between neighbouring countries. Matters had, indeed, reached a pass at which several countries whose volume of emigration was considerable (Spain was one of these) regarded as emigrants only those persons who were bound for an oversea destination, leaving emigration t o European countries completely unregulated by any legislative provision. To-day, however, the limitation of freedom of international circulation, introduced as a measure of policy, together with provisions tending t o restrict the influx of foreign workers introduced b y a number of countries in defence of their economic interests, have led countries of emigration t o keep account of t h e movement of their nationals leaving via land frontiers with the object of regulating it. Moreover, various circumstances have operated t o effect considerable changes in the direction of migration movements all over the world; and a very considerable increase of the migration movement has taken place in each continent. Mention may be made here of the most salient facts, one of which is t h e closing, relatively speaking, of the entry t o the United States t o European emigration. The United States frontiers are, indeed, almost completely closed t o the nationals of certain European countries (Southern and Eastern Europe) which, in the years immediately preceding, supplied very large contingents. SPECLAL REGULATIONS CONCERNING CONTINENTAL EMIGRATION 3 5 1 Nationals of other American countries, on the contrary, are freely admitted without any numerical restriction; with the result that, at the present time, immigration t o the United States is very largely derived from Canada and Mexico—that is t o say, it is continental. The American position described above has naturally reacted upon the European situation. Emigration currents which can no longer flow in their usual direction—i.e. towards the United States—are diverted t o European countries capable of absorbing them—more particularly t o France, which, after the war, was suffering from a shortage of labour, a fact t h a t made possible the admission of more t h a n two millions of emigrant workers in a few years. As a result, regulations had t o be made by t h e various countries of emigration concerned t o deal with continental emigration. Although the situation in other continents has not changed t o the same extent, attention may be drawn t o the considerable increase in continental migration. In Asia this has arisen principally on account of changes in the emigration policy of India, in the sense t h a t natives recruited as labourers are only allowed t o emigrate t o certain specified countries; at present the list includes only the neighbouring British colonies. Moreover, the fact t h a t the frontiers of American countries are now almost absolutely closed t o Asiatic emigrants results in the concentration of China's still abundant emigration upon t h e Asiatic continent itself. I n Africa also there is at the present time considerable migration of workers from one point t o another—in the north, between neighbouring French possessions, in the centre, between the Belgian colony and those upon its frontiers ; in the south, between the three great Portuguese colonies (Angola, Mozambique, and St. Thomas and Principe Islands); and between Mozambique, the Union of South Africa, and Rhodesia. I t will thus be seen t h a t the phenomenon, wherever it be observed, is by no means negligible; and further, t h a t it differs very considerably from oversea emigration. On account of t h e difficulties connected with oversea emigration and the high cost of passages migrants in general remain for a long time, and perhaps settle permanently, in the country t o which they have gone. Continental emigration, however, is rather of a temporary 3 5 2 SPECIAL REGULATIONS CONCERNING CONTINENTAL EMIGRATION character—the emigrant's absence seldom lasts longer t h a n a year, and is sometimes merely seasonal, especially in the case of agricultural workers. Nevertheless, in consequence of changes in the world situation referred t o above, continental emigration tends t o constitute currents of an increasingly stable character in the interior of each continent. There are even cases of permanent continental migration—for instance, the settlement of Italian and other foreign agricultural workers in France, which is a typical example. Moreover, it happens quite frequently t h a t workers who have emigrated temporarily in order t o fulfil a contract of work during a limited period establish themselves definitely in the place where t h e y are employed. Although the phenomenon a t present under consideration is intense, no very definite traces of it will be found in the relevant emigration legislation. There are many countries in which provisions relating t o emigration in general are applied t o continental migration (China, Mexico) ; or where continental migration is still free from any restriction whatever (Canada). There are others, however, in which variations exist between the regulations governing respectively oversea and continental emigration, t o each of which special provisions apply; some regulations also specifically relate t o emigration t o countries situated in the same continent with which exchanges of labour are particularly frequent. These diverse forms of legislation will now be considered. I t must not be overlooked t h a t , side by side with national legislative provisions, an ever-increasing number of agreements exist for the regulation of t h e emigration of workers between the various countries of one and the same continent. These international agreements will be considered in Volume I I I of the present study. I t happens not infrequently, however, t h a t , in pursuance of an administrative agreement relating t o exchanges of labour, each of the countries concerned takes steps, by way of regulations, t o promulgate the provisions of which the bases have been arrived at in concert. Certain regulations of this kind will be referred t o later on. The regulation of frontier traffic, which is partly concerned with workers daily entering a neighbouring foreign territory for the purposes of their occupation, may also be assimilated t o the regulation of continental emigration. The general characteristics SPECIAL REGULATIONS CONCERNING CONTINENTAL EMIGRATION 3 5 3 of such regulation are : simplification of police formalities for persons living in the adjacent zones and who for business purposes have frequently t o pass the frontier; in m a n y cases identity papers, less costly t h a n the passport and valid for a longer period, are accepted; and, in respect of immigration, t h e enjoyment of a certain immunity in t h e m a t t e r of customs d u t y upon a definite q u a n t i t y of commodities brought into the country is provided for. The control of such traffic is usually effected b y means of an international agreement (cf. Chapter VI of Volume I I I ) ; it sometimes happens, however, t h a t unilateral regulations are issued b y each of t h e countries interested. A U S T R A L I A N M A N D A T E D T E R R I T O R Y : N e w Guinea.—The recruitment of native workers is only permitted for work in the neighbouring island of Nauru, which also is being administered under Australian mandate. (Cf. Chapter VI, § 1, (a).) BELGIAN MANDATED TERRITORY : Ruanda-Urundi.—In accordance with the Decree of 19 July 1926 relating to the Emigration of natives, employers are not required to obtain a permit for the recruitment of natives when the place a t which they are to work is situated not more than 25 kilometres from the frontier. BELGIUM.—The Regulation of 25 February 1924 lays down in section 44 t h a t t h e transport of emigrants by sea t o European countries is, like direct transport to transatlantic ports, subject to the general provisions relating t o previous authorisation, security, insurance, contract tickets, and deposit of passenger-lists. The master is required to remit, prior to his departure, t o the Emigration Commissioner a declaration t o t h e effect t h a t he undertakes t o feed t h e emigrants during the journey. Indirectly, these provisions more nearly concern oversea t h a n continental emigration, for a journey by sea t o a continental port is usually only the preliminary to an oversea journey. So far as Belgium is concerned, continental emigration is principally directed to adjacent countries; and for France, Luxemburg, and the Netherlands formalities are very much simplifled, thanks to suppression of passports in accordance with agreements entered into with these countries. Many Belgian workers travel daily to and from t h e frontier zones of neighbouring countries ; it will be seen in Chapter 12 of Volume I I t h a t in France a specially favourable system is applied to them. Congo.—The Decree relating to the emigration of blacks, dated 14 August 1922, provide.? in section 3 that natives going to adjacent countries shall be exempt from production of the medical certificate required in the case of natives emigrating t o other countries; further, by section 5, t h e Governor is empowered, should he think fit, to exempt the former category from the deposit of security if their stay in t h e adjacent colony is only t o be for a short time. CHINA.—Legislation relating to emigration is quite general in character and draws no distinction between oversea and continental emigration. Chinese emigration, as a matter of fact, is principally directed towards other parts of the continent of Asia and t o the islands in the Indian Ocean. CZECHOSLOVAKIA.—The recruitment of national workers is in 24 354 SPECIAL REGULATIONS CONCERNING CONTINENTAL EMIGRATION principle only permitted for European countries. A special authorisation is necessary for other countries. The conditions under which recruitment of this kind may be legally carried out has already been considered in Chapter VI under §§ 1, (b), 2, and 4. F R A N C E : Morocco.—According to Circular No. 22 S.G.P. of 7 May 1924, the departure of Moroccan workers for Algeria is regulated as follows : seasonal workers being natives of East Morocco who go for the purpose of assisting with the vintage and other harvests may travel freely between Morocco and Algeria and are not required to comply with the medical formalities stipulated in Algerio-Moroccan agreements. Industrial workers being natives of West Morocco, who emigrate principally in order to fulfil a contract of employment lasting several years, must, in order to obtain permission to leave, produce the following documents : a contract of employment duly visaed by the Departmental Employment Exchange a t Algiers, an identity card made out by the Judiciary Identification Service, and a medical certificate stating t h a t the individual is fit for industrial work and is not suffering from any contagious disease. GERMANY.—Section 9 of the Regulations dated 14 March 1898 lays down special conditions for transport contracts relating to emigrants leaving by sea route for European countries. HUNGARY.—The Hungarian Act of 1909 does not apply to emigrants going to a European country for a period not exceeding one year, for the purpose of performing certain specific work in such country. Nevertheless, the Minister of the Interior may, if he thinks fit, extend the provisions of the Emigration Act to cover such emigrants. Further, he may by Decree, and in agreement with the other Ministers concerned, establish provisions relative to engagement and recruitment of workers for abroad. INDIA.—The emigration of unskilled workers is only permitted to countries in the same continent or to neighbouring countries—Ceylon, the Straits Settlements, and the Malay States. The movement, therefore, is a continental one, although continental emigrants, in accordance with the provisions of the Indian Emigration Act, No. VII of 1922, must depart by a sea route. The regulations relative thereto will be found in Chapter I I I . § 1, and Chapter VI. ITALY.—Sections 35 and 36 of the Emigration Act (consolidated text), dated 13 November 1919, contain special provisions for the regulation of continental emigration. For the purpose of recruiting Italian workers for employment in continental countries, a special permit must be obtained from the general Emigration Department or from a prefect acting on behalf of that Department. The deposit of a certain sum as security may be required ; and the issue of the permit is subject to payment of a fee of 20 lire 1 to be paid into the Emigration Fund. A written contract of employment, containing general clauses which have already been indicated in Chapter VI (§ 2), is required; and in respect, of every such individual contract concluded the recruiter has to pay a fee of 5 lire (or, in accordance with the Decree of 6 March 1923, the equivalent value in foreign currency); and any agreement whereby the burden of the fee is transferred to the enrolled worker in any way whatever is void. Irregular recruitment of workers for employment in a continental country is punishable by a fine ; when the person improperly recruited is under age or is a woman, the fine is heavier, and a term of imprisonment may be imposed in addition. The Minister for Foreign Affairs is competent, in agreement with the »One lira = 2.7d. SPECIAL REGULATIONS CONCERNING CONTINENTAL EMIGRATION 3 5 5 Superior Emigration Council, t o take the necessary steps for the protection of emigrants travelling by sea to countries other than those overseas. The afore-mentioned Act provided for the granting of special travelling privileges to continental emigrants in respect of the journeys which they have to make on the Italian railways ; and t h a t arrangements in their favour may be made by the Italian Government with foreign railway authorities concerned. § 2 ("Land Transport") of Chapter I X describes the regulations which have since been laid down in regard to this matter. JAPAN.—The Emigration Regulations do not apply to Japanese leaving for China and Korea. Individuals leaving to take up work there are not considered as emigrants. (Section I of the Emigrants Protection Act, consolidated in 1907.) MEXICO.—Continental emigration is very considerable, especially in the direction of the United States. The Emigration Act of 12 March 1926, however, is of a general character, and contains very few provisions to deal specially with continental emigration. I t merely stipulates t h a t departure by land frontiers may only take place a t authorised frontier stations (section 3); and empowers the Ministry of the Interior t o regulate, taking duly into account the general interests and conditions pertaining to each national region and in conformity with special and international Conventions, where such exist, the daily and local traffic between populations across the frontiers contiguous to the United States, Guatemala, and British Honduras (section 18). NETHERLANDS.—The Act of 1861 relating to the transport of emigrants, amended in 1869, lays down in sections 17 to 20 that any person proposing to undertake, either on his own account or as proxy for another, the transport of Dutch or foreign emigrants from the Netherlands to any European country, or acting as agent for such purpose, shall, whether embarkation takes place in a Dutch or in a foreign port, find a surety or enter into a bond, the amount of which shall not exceed 5,000 florins l , with the Supervising Committee, or, failing this, with the Municipal Council. A person authorised t o undertake such transport in Europe is not competent to undertake the transport of emigrants outside of Europe. Any person contracting to undertake such transport must hand to the emigrant a written declaration bearing his personal signature, containing the usual information (cf. Chapter VII, § 3). If the contractor also undertakes to provide accommodation and board for the emigrants until their departure, a statement to this effect must be included in the declaration; if the cost of accommodation and board are not included in the cost of the passage, but are calculated separately, such calculation shall be made in accordance with a scale approved by the Supervising Committee. In eases where the ship is not ready to take emigrants on board on the date specified in the aforesaid declaration, the contractor is required to provide accommodation and board for the emigrants a t his own expense. The Official Service for Unemployment Insurance and for Finding Employment has taken active measures to encourage the emigration of Dutch unemployed persons to European countries—more especially to Belgium, France, and Germany. A special Employment Office bas been set up a t Oberhausen for finding employment in Germany. For the purpose of placing Dutch workers in Belgium, the Dutch authorities act in collaboration with the official Belgian Employment Offices; for France, there is a Dutch correspondent in Paris. (Report for the year 1924 issued by the Official Service for Unemployment Insurance and for Finding Employment.) East Indies.—The majority of the foreign countries to which emigration » One florin •= 18. 8d. 356 SPECIAL REGULATIONS CONCERNING CONTINENTAL EMIGRATION of natives from J a v a is permitted (cf. § I, (a), of Chapter VI) are those of continental Asia or neighbouring regions. Special provisions promulgated by Decree No. 17, dated 11 February 1915, relate to emigration t o the Federated Malay States and the Straits Settlements. Chapter VI, § 2, gives an analysis of the Model Contract of Employment prescribed for these workers; and Chapter X , § 3, deals with the special provisions laid down for their repatriation. PANAMA.—In accordance with Act No. 16, of 31 January 1927, inhabitants belonging to races the immigration of which is prohibited, and who ordinarily are not allowed to return if they leave the country, may in exceptional cases, if they live in frontier zones, be allowed to undertake agricultural work in the territory of a n adjacent foreign country and return t o their domicile without providing themselves with passports ; the presentation of their permit of sojourn (cédula de vecindad) is sufficient (section 8). POLAND K—In accordance with Instructions dated 23 December 1926, the emigration permit which must be shown before a passport can be issued may, when the emigrant is going to a continental country, be obtained from a State employment office instead of from the Emigration Office, which alone is competent in respect of oversea emigration; this provision notwithstanding, any doubtful cases are referred back by the employment offices to the Emigration Office for its decision. Chapter III, § 2, outlines the general conditions for obtaining these permits; there are, further, certain peculiarities relating t o emigration to continental countries. An emigrant travelling alone to Belgium or France must present either an invitation from a n employer or a contract of employment, containing the following information : the nature of the work to be done, amount of wages, period covered by the contract, the employer's address, and a promise of medical assistance and accommodation. This document must be visaed in the country of immigration by the police, the Ministry of Labour, and the Polish consulate. Persons who have been sent for by husband, father, or children, employed in one of these countries, must show the letter of invitation and a certified declaration from an employer guaranteeing accommodation, which must itself be duly visaed by the police and the consulate. For other European countries, emigrants are required to produce either a contract of employment containing the information detailed above, or an invitation from husband, parents, or children and accompanied by a certified declaration from an employer; these documents must bear the consular visa and t h a t of the local immigration authorities. § 4 of Chapter VI outlines the regulations relative to applications for a number of workers a t once from a Rumanian or Yugoslav employer; and § 2 of t h a t Chapter analyses the model contract of employment prepared for Polish workers going to take up employment in Rumanian or Yugoslav textile industries. The recruitment of emigrant workers for France is regulated by à treaty with t h a t country. In 1926 and 1927, provisional agreements were entered into with Germany for the recruitment of seasonal workers, and have been followed by Polish Ordinances laying down conditions for recruitment during the current year. (Cf. Volume III, Chapter IV.) P O R T U G A L . — I n order to obtain permission to emigrate, workers who are going either to a European country or to a possession of any such country are required t o present a document signed by the prospective employer, constituting sufficient proof that they have assured employment in the country of destination. This document, which must be made out in accorddance with the due legal formalities of the country of destination, must 1 CÍ. also Supplement I. SPECIAL REGULATIONS CONCERNING CONTINENTAL EMIGRATION 3 5 7 bear, on a separate page, the visa of a Portuguese consular agent attesting the identity of the employer. A passport is only issued after the contract of employment and the consular visa have been duly entered in the register kept specially for t h a t purpose by the General Emigration Department. (Decree No. 8164, dated 31 May 1922.) As already stated in § 2 of Chapter I I I , the obligation to carry a passport has by a recent Decree been suppressed so far as concerns individuals going t o work in the frontier zones. Colonies.—Chapter VI contains a number of provisions relating to the recruitment of native workers in Angola and Mozambique for another Portuguese colony in Africa, St. Thomas and Principe Islands 1 . SPAIN.—By section 2 of the Royal Decree of 16 September 1924 relating to the Emigration Fund, the protective work of the Directorate-General of Emigration is extended to cover emigration taking place by sea or land frontiers towards other European countries and in the direction of the continent of Africa. Ships intended for this purpose must conform with the conditions of hygiene and safety called for by the nature and duration of thè passage. I t should be noted that the consolidated text dated 20 December 1924 of the Emigration Act no longer draws any distinction between oversea and continental emigration, as did the Act previously in force (cf. the definition of a n emigrant, Chapter I I , § 1). S W I T Z E R L A N D . — I n Switzerland, the employment offices may notify vacancies existing in European countries. In case of abuse or irregularity, the Federal Emigration Office may, in accordance with the Federal Order of 17 May 1918, request the cantonal and local authorities to adopt repressive measures. (Communication received from the Federal Government, 1921.) The transport of emigrants by railway is regulated by sections 15 and 16 of the Federal Emigration Act ; § 2 of Chapter I X contains a description of the provisions relating thereto. 1 It should also bo observed that, despite the general character oí the provisions contained in the Decree of 21 May 1927 to regulate the emigration oí natives from Mozambique 1 to foreign countries, the main object Of that Decree, as explained in the statement of motives, was to restrict the emigration of the natives of that colony to South Africa. I t is laid down in the Decree that no native may emigrate from Mozambique to foreign territory unless he has resided in the colony during the twelve preceding months; no contract of employment abroad may be made for a longer period than twelve months, and natives remaining absent from the colony for more than thirteen months are to be considered as clandestine emigrants. Two years after the coming into force of the Decree, the maximum period for contracts of employment is to be reduced to nine months, and that of permitted absence from the colony to ten months. The provisions of this Decree restrict the emigration of workers from Mozambique in view of the stipulations contained in the agreement by which the recruitment of native labour in Mozambique for the Transvaal mines was previously regulated. (Agreement dated 1 April 1909, renewed in Jan. 1925; cf. Volume III, Chapter III.) 358 MIGRANTS IN TRANSIT CHAPTER XIII MIGRANTS IN TRANSIT The period of transit occupies an intermediate position between emigration and immigration. Although the question of transit is one which presents so many and such varied aspects t h a t its examination m a y logically be deferred t o Volume I I of the present study, side b y side with immigration regulations, it is here examined as a single problem in relation t o national regulations governing e n t r y a n d exit. A country of transit is at one and the same time (or, rather, is successively) a country of immigration and a country of emigration. I t has first of all t o control the arrival upon its territory of migrants who wish t o cross it, and has then t o regulate thenexit for the purpose of continuing their journey. Such a country may, moreover, be traversed by a double stream of migrants— t h a t of emigrants leaving their national territory in order t o go t o t h e new country of residence selected b y them, and t h a t of returning migrants going back t o their country of origin. The current of Polish emigration in the direction of France via Germany, and the stream of returning migrants in the opposite direction, m a y be cited as an example. Moreover, in some cases migrants have t o cross several countries in the course of their journey. Some of the countries of transit may be described as countries of sea transport ; their ports are the normal places for embarkation, or landing, of persons desiring t o leave, or enter, certain other countries having unsatisfactory access, or no access a t all, t o the sea. Other countries, again, are so situated t h a t their territory must be crossed b y emigrants going t o work in another country of t h e same continent and travelling b y land ; and a similar position MIGRANTS I N TRANSIT 359 arises in respect of emigrants going t o embark in a foreign port from which they are separated by the territory of such countries. Further, the ship in which he is transported oversea m a y in itself constitute for the emigrant a country of transit of a third kind, since the flag flown by the vessel is not necessarily t h a t of the country in whose port embarkation takes place. A Polish emigrant embarking a t Antwerp for New York upon a vessel belonging t o a British shipping company passes from Belgian territory t o t h a t of the United States via a kind of floating British territory, constituted b y the British vessel in which he is travelling, and in which, during the journey, he comes under the laws of Great Britain. * * The question of the transit of emigrants, even before the war, was one of considerable importance. A few European countries —e.g. Switzerland and Serbia—had no access t o the sea; and their trans-oceanic emigrants had t o embark at foreign ports. I n many other countries from which there was considerable emigration, emigrants often did not embark in t h e country itself, either because t h e ports were few in number and inconveniently situated, or because the sea communications were badly organised. This was the case in Austria, Bulgaria, Hungary, and Russia. I t may be estimated roughly t h a t about half the total number of trans-oceanic emigrants embarked in foreign ports. Large numbers of foreigners—frequently outnumbering national emigrants—embarked a t t h e principal ports of Belgium, France, Germany, and Holland; and very many emigrants from the continent embarked in British ports. This position has grown more acute as the result of the war; m a n y new countries have come into existence, few of which have satisfactory access t o the sea. The question of transit is also of considerable importance t o continental emigrants, whose point of departure is often situated a t a considerable distance from their destination. Thus, Italians going t o Germany or Luxemburg have t o make long journeys across Switzerland or France; while Czechoslovaks and Poles going t o work in France have long journeys across Austria, Germany, and Switzerland. 360 MIGRANTS IN TRANSIT The legal position of migrants in transit is deserving of special consideration. Away from their families and removed from the ordinary conditions of life, and not having yet arrived in the country which proposes t o utilise their services, and t o whose interest it is t o afford them certain protection accordingly; traversing countries of which t h e y know neither t h e law nor the language, obliged t o have recourse t o commercial agents who think mainly of their profits, emigrants find themselves at such times in a specially difficult position, sometimes even one of actual hardship. Emigrants in transit ought, therefore, t o have at their disposal a well-organised protection service for the defence of their threatened interests ; and the formalities imposed by frontier police services should certainly be simplified in their favour. As the interests of several different countries are always involved in questions of transit, an international solution of these problems would seem t o be specially indicated. Despite the efforts already made in this direction 1, however, more especially b y the t w o Conferences on Communications and Transit, held a t Barcelona in 1921 and at Geneva in 1923 respectively, and the Passport Conference held at Geneva in 1926, it has not so far been found possible t o arrive at any very definite result. Nevertheless, t h e enquiries undertaken and the reports published subsequently concerning the position of national legislation, together with the exchange of views on t h e occasion of t h e Conferences, and t h e resolutions then passed, have already borne fruit. Several agreements have been arrived at between countries of emigration having interests in common; and some progress has been made in national legislation relating t o facilities t o be accorded t o transmigrants. Legislation relating t o transit is sometimes framed for the defence of the migrant and sometimes t o protect the interests of the country of transit, or for the proper organisation of maritime commerce. Facilities are sometimes accorded t o transmigrants by countries of oversea transport, t o whom they represent a very profitable cargo, and t o whose interest it is t o satisfy t h e m ; countries of continental transit, however, show an inclination t o 1 Cf., in regard to the question oí international regulations to govern the transit ol migrants, Chapter VI of Volume III. MIGRANTS IN TRANSIT 361 protect themselves, by the promulgation of special measures against all kinds of risks—e.g. those of a hygienic, political or economic nature—to which convoys of travellers may give rise. On the other hand, certain provisions are drafted with a view t o the suppression of fictitious transit : they tend t o prevent infraction of the immigration laws by foreigners who, having once entered a country as transmigrants, remain in it or at least exceed a permitted period fixed by law. Again, measures may be framed with the intention of guarding against fictitious immigration; such measures operate t o prevent transmigrants admitted as immigrants from taking advantage of certain special privileges accorded t o foreigners who have come t o settle in the country (exemption from payment of customs duty, free accommodation and board in an immigrants' hostel, etc.), afterwards continuing their journey across some other frontier. A short stay in a country, which also is regulated by various measures, m a y be assimilated t o transit. Individuals who would not be admissible as immigrants are sometimes tolerated pro tempore, in which case the deposit of a sum as security or some other form of guarantee is frequently called for. These sometimes incongruous provisions are examined as a general whole in the present chapter. Considerable diversity exists among them, although they are not very numerous apart from general measures governing emigration and immigration, which in many cases apply equally t o transmigrants without, however, making explicit reference t o t h e m . A R G E N T I N A . — I n accordance with section 18 of the instructions issued in 1926 by the Ministry for Foreign Affairs, concerning papers to be carried by travellers to the Argentine Republic, persons passing through Argentine territory to some adjacent country must present the same passports, visas, and any other documents as are required in the case of persons coming to settle in the Argentine Republic. A transmigrant having taken advantage of the privileges accorded to immigrants a n d subsequently moving to another country must indemnify the Government for all expenses incurred by it for his disembarkation. accommodation, maintenance, and transport. The Immigration Department keeps a special register of persons who, having entered the country as immigrants, leave it as emigrants to other countries. AUSTRIA.—The Austrian Decree of 1 July 1919 on the passport system prescribes regulations for transit through Austria. A passport is obligatory for every person entering Austria; no other document such as an identity card, employment card, servant's card, etc., will be accepted in lieu of it. The Government may fix certain points on the frontier a t which entry into Austria must take place. 362 MIGRANTS IN TRANSIT BELGIUM.—The Order issued by the Minister of Railways on 18 November 1924, provides for a reduction of 50 per cent, upon third-class travel in the case of foreign transmigrants passing through Belgium in order to embark a t the port of Antwerp, or having landed there. Such travellers must afford proof that they are migrants by production either of certificates made out by certain authorities, or of contracts of employment, or of certified declarations issued by well-known emigration societies. Emigrants properly so called are exempted from the need to obtain a transit visa. I n place of it, an emigration card will be handed to them free of charge by the emigration agent with whom they have negotiated ; this c a r d 1 will enable them to travel to the port of embarkation. (Reply received from the Belgian Government to the questionnaire issued prior to the Passport Conference held in 1926.) 2. Congo.—Provisional permits to enter the colony, for the purpose either of residing there or of passing through it, may be accorded to certain categories of undesirables. The issue of such permits may be made subject to the deposit of security, the amount of which shall not exceed 5,000 francs *. (Decree dated 8 August 1922, section 13.) CANADA.—For information on the subject of transit of immigrants to Canadá via the United States, and of immigrants to the United States via Canada, cf. Volume I I , Chapter VIII, § 3, under Canada; also §§ 3 and 7, under United States. COSTA RICA.—'Travellers in transit belonging t o categories declared inadmissible by section 1 of the Act dated 24November 1905 (i.e. idiots, imbeciles, blind persons, and deaf-mutes), may nevertheless be allowed to land in OTder to cross the country, provided t h a t the port authorities receive sufficient assurance, either in the form of declarations made by such persons or some other satisfactory proof, t h a t the individuals concerned are not making use of such permission as a means of evading the conditions imposed for the admission of immigrants. (Section 5 of the Act cited, confirmed by Act of 5 J u n e 1906.) Tourists who remain in the country not longer than fifteen days are not required to possess a passport. (Decree of 11 December 1924.) CUBA.—In accordance with Decree No. 384 dated 2 March 1925, relating to the white slave traffic, a woman travelling alone in transit via Cuba, even as a first-class passenger, and irrespective of her civil status, may be refused permission to land in pursuance of a decision which lies in the discretionary power of the Immigration Commissioner, if this official is of opinion t h a t the guarantees offered by the traveller are insufficient (section 3). Section 10 of the Decree to provide for the repression of clandestine immigration to t h e United States by travelling via Cuba laid down t h a t a n immigrant embarking clandestinely for a friendly country and having been brought back to Cuba was to be sent back to his country of origin. This provision was weakened by the Decree of 10 February 1927, which provided that such immigrants might be given permission to settle in Cuba, particularly if they appear unlikely to become a public charge. CZECHOSLOVAKIA.—Section 46 of the Act of 15 February 1922 lays down the following principle in respect of migrants in transit : "The Govern1 F o r information relating t o t r a n s i t cards, cf. agreements concluded between Belgium a n d adjacent countries (Volume I I I , Chapter V I ) . 2 Cf. L E A G U E O F N A T I O N S , O R G A N I S A T I O N F O B COMMUNICATIONS AND T R A N S I T : Conference held at Geneva, 12 to IS May 1926' pp. 104-150. C. 423. M.156. 1926. V I I I . 3 One Belgian franc = 1 '4d. Passport Annex 8, "Replies of t h e G o v e r n m e n t s , " MIGRANTS IN TRANSIT 363 ment shall have power to issue appropriate orders to regulate the entry and transit of emigrants from foreign States traversing the Czechoslovak Republic, especially on the grounds of protection of the poor, safety, and public health." By virtue of this clause, the Order of 8 June 1922 declares t h a t emigrants of foreign nationality shall be admitted in transit via Czechoslovak Territory, provided that they are in possession of a passport which has been duly visaed by Czechoslovak diplomatic representatives. If the transit of such migrants becomes a charge upon the State, or if their transport necessitates special regulation, the Minister of Social Welfare shall take in each case, in agreement with other Ministers concerned, the measures called for in the circumstances. DENMARK.—The application of regulations governing formalities for entry and exit is rendered less strict for travellers on their way to or from America via Denmark, and for those passing through Danish territory on their way to some other country. Both passport and visa are suppressed in the case of American or Canadian nationals born in Denmark, Iceland, Norway, or Sweden. An identity card with photograph is sufficient. Passengers travelling on vessels belonging to Scandinavian shipping lines may, without distinction of nationality, enter Denmark without visa if, being on their way to America, they are in possession of the American entry visa and a ticket for the first vessel to leave belonging to one of these lines; or if, coming from America, they hold a passport and entry visa for the country to which they are going direct upon leaving Denmark, and upon condition that the journey across Denmark is made without a break. (Reply received from the Danish Government to the questionnaire issued prior to the Passport Conference held in 1926.) F R A N C E 1 : Cochin-China.—Immigrants going to one of the protectorates adjacent to Cochin-China receive, upon landing, a special pass issued free of charge, valid for fifteen days, in order to allow them to reach their place of residence. If at the expiration of this period they are found upon Cochin-China territory without valid excuse, they have to pay the full amount of the first year's tax to which all ordinary immigrants are liable. Foreigners of Asiatic origin remaining in the colony for a short time only (which must be less than three months) are exempted from the formalities imposed upon Asiatic immigrants. A temporary permit (permis de circulation), available for three months and not renewable, is handed to them upon arrival. Foreigners of Asiatic origin holding a French passport are allowed to remain under the above conditions for a period of six months after their passport has been visaed. (Decree of 16 October 1906, sections 16 and 20.) G R E A T BRITAIN.—Section 4 of the Aliens Order, 1920, provides t h a t an alien may land in the United Kingdom if he satisfies an immigration officer t h a t he holds a pre-paid ticket to a destination out of the United Kingdom, and t h a t the master or owner of the ship in which he arrived, or by which he is to leave the country, has given security t h a t he will not remain, or, having been rejected by another country, will not re-enter the United Kingdom, and will be properly maintained and controlled during transit. 1 Travellers in transit throught French West Africa are exempted by the Decree of 5 March 1927 from presentation of the judicial certificate and medical certificate ordinarily required in the case of foreigners, if at the time of their landing they make a declaration in writing to the effect that they are passing through in transit ; a false declaration renders the person making it liable to severe penalties, without prejudice to subsequent expulsion, 364 MIGRANTS IN TRANSIT Colonies.—Barbados. When a ship from which an intránsit passenger has been left behind returns to the Island of Barbados, such passenger shall, if he is destitute, be conveyed back on board the ship, and in the interim shall be maintained by the owner, agent, or consignee of the ship. (Immigration of Paupers (Prevention) Act, 1909, section 8.) Africa and the Windward Islands. I n several British dependencies in Africa and in the Windward Islands, travellers are allowed to enter without a passport if they hold a visiting or transit pass. These passes are issued only to persons entering a colony for a temporary visit or passing through it in order to embark for some other country. The maximum period for which such a pass may be granted varies ; e.g. in Sierra Leone and Somaliland it is twenty-one days, and in Uganda six months. (Gold Coast : Immigration Restriction Ordinance, No. 9 of 1925, section 18. Nigeria : Immigration Restriction Ordinance, 1918, section 20. Nyassaland : Immigration Ordinance No. 17 of 1922, sections 17 and 23. Sierra Leone : Undesirable Persons (Prevention of Immigration) Ordinance No. 17 of 1924, sections 13 and 14. Somaliland : Immigration Restriction Ordinance, No. 4 of 1924, section 21. Uganda : The Immigration Rules, 1921, amended 1922, sections 21 to 25. Zanzibar : The Immigration Regulation and Restriction Decree, No. 8 of 1923, sections 19 to 25. Windward Islands : Grenada, Ordinance No. 9 of 1923 ; St. Vincent, Ordinance No. 9 of 1923 ; St. Lucia, Ordinance No. 10 of 1923.) GREECE.—According to section 4, subsection 5, of the Ordinance of 23 June 1927, aliens wishing to traverse the country in transit to another country must prove t h a t they possess the funds necessary to continue their journey to the place of their destination. GUATEMALA.—The Act of 30 April 1909 lays down that immigrants may under no circumstances avail themselves abusively of privileges enjoyed by them, for the purpose of travelling in transit via Guatemala to another country without having made the prescribed stay and complied with the conditions laid down in their contract (section 14). According to Decree No. 875 of 15 September 1924, persons of black race who are required to deposit security amounting to 200 gold pesos in order to obtain admittance tò Guatemala, are entitled to claim a refund of the amount so paid if they remain in the country for less than six months. At the expiration of this period the amount is definitely forfeited to the Treasury (section 16). Aliens in transit via Guatemalan territory must have their passports visaed in order to leave the country. This visa is accorded free of charge if the entry visa has not lapsed; otherwise the ordinary fee for a new visa has to be paid (section 31). HUNGARY.—The fees payable in respect of transit visas are regularly reduced in the case of migrants travelling in groups, the fee in such cases being one gold crown. (Reply received from the Hungarian Government to the questionnaire issued prior to the Passport Conference held in 1926.) I R I S H F R E E STATE.—Under the Aliens Order, 1925, section 5, an alien may land if he satisfies a n immigration officer t h a t he holds a pre-paid ticket to some destination outside the Irish Free State, and that the master or owner of the ship in which he arrived, or by which he is t o depart, has given security t h a t the alien will not remain, or, having been rejected by another country, will not re-enter the Irish Free State, and will be properly maintained and controlled during transit. ITALY.—In accordance with the consolidated text of the Emigration Act of 13 November 1919, an emigrant of other than Italian nationality who embarks at any port within the Kingdom shall enjoy the same advan- MIGRANTS IN TRANSIT 365 tages as a national- emigrant, except that he shall not be entitled to benefit by the activities of the emigrants' protection offices in other countries (section 17). I t should be observed, moreover, t h a t the fee payable in respect of a transit visa, ordinarily amounting to 10 gold lire, is reduced to 2 gold lire in the case of necessitous persons, and to 1 gold lira for Russians holding a Nansen passport. (Reply received from the Italian Government to the questionnaire issued prior to the Passport Conference held in 1926.) LATVIA.—Transmigrants may obtain transit visas upon demand, the only document asked for being a transit certificate issued by a navigation company. Such document constitutes a sufficient guarantee, owing to the fact that in Latvia special agreements are in force between these companies and the State, in pursuance of which the companies are liable to pay a fine to the Latvian Government in respect of all transmigrants failing to leave Latvian territory within the prescribed or permitted period. (Reply received from the Latvian Government to the questionnaire issued prior to the Passport Conference held in 1926.) LUXEMBURG.—Emigrants travelling to a Belgian or French port require no transit visa in order to traverse the Grand Duchy, provided t h a t the papers they carry afford sufficient proof of their intention to emigrate. (Reply received from ths Luxemburg Government to the questionnaire issued prior to the Passport Conference held in 1926.) MEXICO.—Officials of the Emigration Service are empowered, by section 38 of the Act of 12 March 1926, to accord permission to enter the country to aliens in transit via Mexico, if proof is forthcoming in each individual case that the person concerned fulfils the conditions laid down by the immigration laws of the country to which he is going, and t h a t he will not remain upon Mexican territory for longer than six months. An alien in transit landing in a Mexican port without the identity card provided for by the Migration Act must re-embark immediately. An alien landing in a Mexican port in order to visit it, and failing to present himself a t the Migration Office within the first twenty-four hours spent ashore, is liable to be fined and may be re-embarked (section 86). (Cf. § 7 of Chapter V I I I for conditions of entry to the United States via Mexico.) N E T H E R L A N D S . — I n accordance with the Act of 1 June 1861, amended by those of 15 July 1869 and 25 April 1886, emigrants in transit are exempted from the necessity of proving that they possess sufficient means of subsistence in order to obtain permission to enter the country. They are allowed to remain for two months upon Dutch territory. At the expiration of this period, they come automatically under the general regulations for admission of aliens, unless an extension of the period of two months has been accorded in cases where the alien's departure has been delayed for valid reasons (sections 1 to 3). A communication addressed to the League of Nations by the Netherlands Government in preparation for the Passport Conference (1926) states that transmigrants are exempted from the obligation to obtain a transit visa even if they belong to a country the Government of which has not been recognised by the Netherlands Government, whereas nationals of such a country in other circumstances are required to possess such visa in order to enter the Netherlands. E a s t Indies.—The Royal Decree of 15 October 1915 for the regulation of entry to the colony does not apply to persons whose voyage does not end in the colony—i.e. they may enter freely. If, however, any such person appears to constitute a danger to public order, the Governor-General may order his expulsion (sections 16 and 17). 366 MIGRANTS IN TRANSIT NEW ZEALAND.—A prohibited immigrant who desires to pass through New Zealand in transit may be permitted to land for a period not exceeding twenty-one days if security is deposited with the Collector of Customs guaranteeing t h a t the person concerned will report himself to the Collector upon departure from New Zealand within the time specified. (Order in Council, 1921.) PANAMA.—Aliens in transit, i.e. those who remain upon the territory of Panama no longer than is strictly necessary for the purpose of transhipment or of continuing the journey towards their country of destination, as well as those who are desirous of establishing themselves in the country, must hold passports bearing the visa of a Panama diplomatic or consular official. Citizens or nationals of American States not being immigrants are exempted from this formality, provided t h a t they do not belong to a race whose immigration into Panama is prohibited. Certain other persons also are exempted, in virtue of special agreements. Individuals belonging to races whose immigration into Panama is prohibited and who desire to traverse Panama territory in transit must obtain a special permit from the Ministry for Foreign Affairs, through the intermediary of the Panama consul. Such individuals are required to deposit security, the amount of which shall be fixed by t h a t Ministry ; it shall not be less than 250 balboas, nor more than 500. The object U to guarantee the alien's departure from the country; and the period during which such travellers may remain in the country must not exceed one month. The special permit referred to is, however, not required in the case of individuals continuing their journey on the same vessel, or who enter Panama solely for the purpose of transhipment to another vessel. Shipping companies are required to forward to the Immigration Section of the Ministry of Foreign Affairs a list of such passengers ; the said Section has subsequently to take whatever steps may be necessary to ascertain t h a t the individuals concerned have actually continued their journey. (Decree No. 45 dated 19 August 1925, section 1, 2, 8, and 9; Act No. 13 dated 23 October 1926, section 2 ; and Act No. 16 dated 31 January 1927, sections 6 and 7.) PARAGUAY.—If an immigrant having entered Paraguay and benefited by privileges accorded to admitted immigrants subsequently leaves the country, he must refund to the Government the cost of his journey, disembarkation, board and lodging received by him free of charge. Failing compliance with this provision, the General Department of Immigration or the port authorities are empowered to prevent the departure of an immigrant, and even to suspend provisionally the departure of vessels having such persons on board. (Immigration Act of 30 September 1903, section 7.) POLAND.—Permits to traverse Polish territory are issued by the Polish consular authorities. A permit of this nature entitles the holder to enter and leave a t the points indicated on the frontier as stations for this purpose, and to remain in the country during the time required to travel from the point of entry to the point of departure. This transit permit may fix the route to be followed and the means of transport to be employed, as well as the period of transit, which may vary according to the route indicated. The transit permit will only be issued after the applicant has obtained permission to traverse the countries lying between his present place of residence and Poland. There is no appeal against eventual withdrawal of the permit. (Aliens Order dated 13 August 1926, section 7.) RUMANIA.—Transit of emigrants in groups which may not exceed 125 persons is permitted. A special train with toilet accommodation is placed at their disposal as far as Constantza, and they are required to take their meals in the train itself. At Constantza, after they have embarked, MIGRANTS IN TRANSIT 367 the coaches of the train are immediately disinfected. (In accordance with a decision taken by the Minister of Communications, 1923.) The Migration Act of 11 April 1925 lays down t h a t individuals suspected of constituting a danger to the social order or to the political organisation of the State, or to national defence, shall not be permitted to cross Rumanian territory in transit (sections 36 and 37). SALVADOR.—In order to obtain admission to the territory of Salvador, a traveller has to deposit a sum of 200 colons or 100 dollars with the Public Treasury. If the interested party leaves the country within six months, the amount is returned to him ; otherwise it becomes the property of the State. This deposit is not required in the case of tourists visiting the country for a short time only. (Decree of 23 September 1926, section 3.) SERB-CROAT-SLOVENE KINGDOM.—The Emigration Act of 30 December 1921 lays down, in section 22, that all legislation relating to national emigrants i* applicable in its entirety to alien emigrants embarking or landing in ports of the Kingdom. SWEDEN.—Persons traversing Sweden in groups on their way from the United States or Canada to reach Czechoslovakia, Denmark, Estonia, Finland, Germany, Latvia, Lithuania, Norway, or Poland, or travelling from those countries to the United States or Canada are, under certain conditions, exempted from the obligation to obtain passport visas. (Reply received from the Swedish Government to the questionnaire issued prior to the Passport Conference held in 1926.) SWITZERLAND.—There is no special law on the transit of migrants; a few administrative regulations, however, exist on the matter. Such transit comes under the supervision of the Federal Emigration Office; since 1903, transport agencies have had to report to the Federal Office upon all migrants in transit with whom they are concerned. Switzerland accords recognition to collective passports for migrants in transit, in cases where such migrants are travelling in groups. The Federal Railways make a reduction in their ordinary tariffs for Italian workers travelling to France and Germany. (Communication received from the Federal Government, 1921.) U N I T E D S T A T E S .—According to the Immigration Rules of 1 March, 1927 (Rule 5), an alien who desires to land for the purpose of proceeding directly through the United States to a foreign country must be examined and, if found to be a member of any one of the excluded classes, must be refused permission t o land in the same manner as though he intended to remain in the United States. Cases in which this would entail exceptional hardship may be reported to the Bureau of Immigration of the Department of Labour for a special ruling. An alien in transit who is not a member of any of the excluded classes is temporarily admitted for a reasonable time, not exceeding thirty days, if the officer in charge a t the port of arrival is satisfied : (1) that a bona fide transit only is intended; and (2) that the alien is not trying to evade or violate the provisions of the Immigration laws. If the officer in charge is not satisfied on these points, the alien must be held for examination by a Board of Special Enquiry, which may require : (1 ) that the alien be accompanied in transit by officials who will ensure his passage through and out of the United States without unnecessary delay ; or (2) that a satisfactory bond of 500 dollars be furnished on condition t h a t the alien shall leave the United States again within a period not exceeding thirty days. All necessary expenses incurred by the accompanying officials must be paid by the transportation companies concerned. 368 MIGRANTS I N TRANSIT An alien who has been temporarily admitted for the purpose of transit and who fails, or refuses, to pass through and out of the United States within the time fixed, or who is found within the United States after the expiration of sueh time, is deemed to be unlawfully within the United States, and, on a warrant of the Secretary of Labour, must be taken into custody and deported (Rule 5). An alien liable to head tax applying to pass in transit through the United States must furnish to the immigration officers a document showing t h a t head t a x has been, or will be, paid in respect, of such alien. If found admissible, he is given a certificate providing for a refund of head tax, upon such certificate being properly endorsed by the alienand the purser of the outgoing steamship, the conductor of the train upon which the holder leaves the United States, or by a United States immigrant inspector (Rule 1, subdivision E , paragraph 3). The head tax collected on account of aliens in transit is refunded upon the submission of satisfactory proof within 120 days after the date of the alien's entry into the United States, t h a t he departed therefrom within 60 days after such date of entry (Rule 1, subdivision J , paragraph 2). VENEZUELA.—Aliens coming to Venezuela without intention to settle there permanently are exempted from the prohibition of entry laid down by the immigration laws. (Aliens Act, 23 July 1925, section 13, subsection 2.) APPENDIX List of the Most Important Legislative Texts relating to Migration 1 MANDATED TERRITORIES Australian Mandate New Guinea Native Labour Ordinance, No. 15 of 1922 [C.A.G., 1922, No. 28.—L.S., 1922, L.N. 3], amended bv Ordinance No. 29 of 1922 [C.A.G., 1922, No. 81], Ordinance No. 13 of 1923 [C.A.G., 1923, No. 21], and Ordinance No. 22 of 1923 [C.A.G., 1923, No. 40]; [these three texts : L.S., 1923, L.N. 3].— Further amended by Ordinances No. 38 of 1924 [N.G.L., 1924, Vol. V, p. 253], No. 12 of 1925 [N.G.L., 1925, Vol. VI, p. 21], No. 38 of 1925 [N.G.L., 1925, Vol. VI, p. 58], No. 7 of 1926 [C.A.G., 1926, No. 31], No. 21 of 1927 [C.A.G., 1927, No. 65], and No. 22 of 1927 [C.A.G., 1927, No. 73]; [these latter texts : L.S., 1927, L.N. 6]. C.A.G. = Commonwealth of Australia Gazette. N.G.L. = New Guinea Laws. Belgian Mandate Ruanda- Urundi Decree dated 19 July 1926 relating to Native Emigration [Bulletin officiel du Congo belge, 1926, No. 8, 15 August, p. 723]. British Mandate Tanganyika Ordinance to regulate the relations between employers and native servants and to control the recruiting and engagement of natives for service within or without the territory, No. 32 of 1923. Dated 23 November 1923 [L.S., 1923, L.N. 5]. French Mandate French Cameroons Order of 30 June 1917 regulating the exit of aboriginal natives from the Cameroon Territory. 1 Texts published by the INTERNATIONAL LABOUR OFFICE in the Legislative Series are indicated by the abbreviation "L.S.", followed by the order number of each text, after the official source. The list of legislative texts is arranged in chronological order except as regards texts amending a previous text; these are given together with the original text. 25 370 LIST OF LEGISLATIVE TEXTS Order of 28 February 1923 amending the preceding Order [Journal officiel du Cameroun, No. 80, 1 April 1923]. Decree of 22 May 1924 extending the provisions of legislation promulgated in French Equatorial Africa to the Cameroons. [J.O., 29 May 1924, p. 4825]. Decree of 9 July 1925 to supplement the provisions of the Decree of 4 August 1922 to regulate employment in the Cameroons (sections 2 and 3 regulating native emigration) [J.O., 1925, No. 163, p. 6557.—L.S., 1925, L.N. 2.]. Syria and Lebanon Order No. 2975 of 4 December 1924, for the regulation of emigration to countries administered under mandate [Bulletin officiel des Actes administratifs du Haut-Commissariat de la République française en Syrie et au Liban, I I P année, No. 24, 15 December 1924, p. 226.—L.S., 1924, L.N. 4]. Togo Decree of 22 May 1924 making the legislation in force in French West Africa prior to 1 January applicable to Togo [J.O., 29 May 1924, p. 4825]. Decree of 1 March 1927 regulating native emigration [J.O., 1927, No. 54, p. 2662]. J.O. = Journal officiel de la République française. AUSTRALIA Emigration Act, 1910, No. 26, relating to the emigration of young persons and aboriginal natives. Approved 25 November 1910 [F. 17249]. AUSTRIA Instructions of 10 May 1867 in relation t o measures concerning the policing of frontiers [R.G.B1., 1867, X X X I I I , p. 157]. Ordinance of 23 November 1895, to include travel agencies among concessionary undertakings [R.G.BL, 1895, No. 181, L X X X I I I , p. 644]. Act of 6 March 1906 to regulate limited liability companies; section 3, relating to emigration undertakings [R.G.BL, 1906, X X I V , No. 58, p . 605]; amended by the Act of 4 July 1924 [B.G.BL, 1924, LV, No. 246, p. 705]. Ordinance of 7 May 1908, relating to the finding of employment abroad by agents for domestic servants and other workers [R.G.BL, 1908, XLV, No. 97, p. 344]. Regulations of 27 J u n e 1921 concerning undertakings for the transport of emigrants [Ministry of the Interior, Abt. 13-ad Zl. 128947 of 1921]. Decree of 1 July 1919 relating to passports [Staatsgesetzblatt, 3 July 1919, text 340, p. 801] ; and Regulations of 3 March 1922 relating to passports for America. Act No. 277 of 21 July 1925 relating to administrative organisation (section 17 : emigration questions) [B.G.BL, 1925, 63, No. 277, p . 974]. Circular of 2 April 1927, No. Z 20857-Abt. 5, concerning the Rules laid down for the grant of assisted passages to unemployed emigrants [Amtliche Nachrichten des Bundesministeriums für sociale Verwaltung, 1927, p. 171]. R.G.BL = Reichsgesetzblatt. B.G.Bl. = Bundesgesetzblatt. LIST OF LEGISLATIVE TEXTS 371 BELGIUM Act of 14 D e c e m b e r 1876 o n t h e t r a n s p o r t of e m i g r a n t s , s u p p l e m e n t e d b y t h e A c t of 7 J a n u a r y 1890 * [Règlements consulaires, p . 494]. R o y a l O r d e r of F e b r u a r y 1924 laying d o w n r e g u l a t i o n s for t h e sea t r a n s p o r t of e m i g r a n t s [M., 1924,16 March, p . 1303]. Order of 18 November 1924 issued by the Minister of Railways, relating to the land transport of emigrants [M., 1924, 22 November, p . 5731]. Act of 15 May 1912 relating t o desertion of children; inserted in the Penal Code, under section 360. Act of 28 J u l y 1923 for t h e suppression of fraudulent embarkation of passengers [M., 1923, 17 August]. Belgian Congo Decree of 16 March 1922 relating to contracts of employment between natives and civilised employers [B.O.C., 1922,15 August, p . 354]. Decree of 8 August 1922 on immigration (section 13 : transit) [B.O.C 1922, 15 August, p . 797]. Decree of 14 August 1922 on the emigration of blacks [M. 1922,23 August]. M. = Moniteur belge. B.O.C. = Bulletin officiel du Congo belge. BULGARIA Act of 5 June 1920 respecting compulsory labour. (Section 5, relating to emigration) [D.V., 1920, No. 56.—L.S., 1920. Bulg. 1]. D.V. = ^TipataBeHi, BÌJCTHHKT». CHILE Decree N o . 666 of 11 July 1917, promulgated by t h e Minister of t h e Navy, relating to the embarkation of Chilian nationals upon foreign vessels [Legislación social obrera chilena, 1924, p . 253]. CHINA Labour emigration law, dated 21 April 1918 [English translation issued by t h e Emigration Bureau a t Pekin]. Labour Recruiting Agency Regulations, dated 21 April 1918 [Idem]. Ministerial Decree of 3 May 1918 relating to emigrant workers' contracts. COLOMBIA ActNo. 114 of 30 December 1922 relating to immigration and colonisation. (Section 16 : engagement of workers for abroad) [Diario oficial, Nos. 18693 and 18694, 8 January 1923]. COSTA RICA Act of 2 4 November 1905 relating t o immigration. (Sections 1 and 5 : transit) [Recopilación de las leyes vigentes en la República de Costa Rica i Texts of what may be regarded as basic laws are given in heavy type. 372 LIST OF LEGISLATIVE TEXTS relativas a Ciudadanía Entrada y Expulsión de Extranjeros, Pasaportes y Sanidad maritima, 1925, p . 13]. Act of 28 October 1922 relating to emigration [El Diario de Costa Rica, 1922, 1 November]. Presidential Decree of 11 December 1924 relating to passports [Recopilación de las leyes..., p . 16]. CUBA Immigration Act of 11 July 1906. (Section 13 : recruitment for abroad) [Gaceta oficial, 11 July 1906]. Decree No. 384 of 2 March 1925 relating to immigration. (Section 3 : transit) [Gaceta oficial, 1925, No. 63, 18 March, p . 5921], as amended by Decree No. 156 of 10 February 1927 [Gaceta oficial, No. 35, 12 February 1927, p. 2333]. CZECHOSLOVAKIA Act N o . 71 of 15 February 1922, respecting emigration [S.G.V., No. 23, 13 March 1922, p. 259. —L.S. 1922, Cz. 1]. Administrative Order No. 170 of 8 J u n e 1922 under the Act of 15 February 1922 [S.G.V., No. 55,13 J u n e 1922, p. 921]. S.G.V. = Sammlung der Gesetze und Verordnungen des tschechoslowakischen Staates. DENMARK Act of 1 Mav 1868 relating to supervision of the transport of emigrants [K.D.L., 1, p . 658]. Regulation for the application of the foregoing Act, 28 March 1870 [K.D.L., I, p . 696]. Act No. 52 of 25 March 1872, to supplement the Act of 1 May 1868 {K.D.L., I, p . 757]. Ordinance relating to the transport of emigrants, No. 107 of 21 July 1899 [K.D.L., I, p. 1323]. Ministerial Order No. 145 of 1903, to supplement the foregoing Ordinance [K.D.L., I I , p. 132]. Ordinance of 12 February 1909, to amend section 8 of the Act of 1 May 1868 [K.D.L., I I , p. 598]. K.D.L. = Kongeriget Danmark love. Copenhagen, 1910. DOMINICAN REPUBLIC Presidential Decree of 12 January 1923 relating to the engagement of agricultural workers [Gaceta oficial, 17 January 1923, p . 5]. Ordinance No. 259 for the application of the foregoing Decree. FINLAND Ordinance of 31 January 1923, relating to the organisation of the Ministry for Foreign Affairs. (Section 4,EmigrationOffice)[F.F.,1923,No. 37, p . 138]. Ordinance of 15 December 1923 relating to passports for Finnish citizens travelling abroad [F.F., 1923, No. 264, p. 829]. F.F. = Finlands.Författningssamling. LIST OF LEGISLATIVE TEXTS 373 FRANCE Act of 18 J u l y 1860 on emigration [B.L., 1860, p . 182]. Decrees for the application of the foregoing Act, dated 9 and 15 March 1861 [B.L., pp. 404 and 406]. Ministerial Orders of 20 March and 21 May 1861 issued in pursuance of the aforesaid Act. The foregoing legislation was extended to apply : to Alsace-Lorraine, by Decree of 28 February 1922 [J.O., No. 68, p. 2774] ; to the following colonies : Madagascar, by Decree of 10 J u n e 1897; Guadeloupe, by Decree of 13 October 1907; and Martinique (with certain reservations), by Decree of 15 March 1927. Act of 30 May 1923 to suppress the offence of clandestine embarkation on board merchant ships [J.O., 1 June 1923, p. 5170]; extended to apply to Algeria by Decree of 11 July 1924, and to French colonies and protectorates coming under the Ministry of the Colonies by Decree of 1 July 1923. Act of 7 February 1924 to suppress the offence of desertion of family [J.O., 10 February 1924, p . 1435]. B.L. = Bulletin des Lois. J.O. = Journal officiel de la République française. Dependencies Algeria Decree of 4 August 1926 relating to documents to be submitted by Algerian natives desiring to work in France [J.O., 7 August 1926, p. 8923]. Morocco Dahir of 27 September 1921 (24 moharrem 1340) relating to labour exchanges; supplemented by Dahir of 24 September 1924 (24 safar 1343). Dahir of 14 November 1923 relating to clandestine embarkation; forming section 279 of the Code of Maritime Commerce. Dahir of 14 February 1925 (30 rejeb 1343) relating to the issue of identity cards to Moroccan workers and employees. Circulars relating to native workers going to France : No. 13, S.G.P., of 3 July 1922; No. 15, S.G.P., of 13 August 1923; No. 21, S.G.P., of 15 October 1923; No. 9, S.G.P., of 23 February 1924. Circular relating to the exodus of Moroccan workers to Algeria : No. 22, S.G.P.,of7May 1924. Circular relating to the issue of workbooks : No. 33, S.G.P., of 6 August 1924. Circulars relating to the exit of Moroccan workers : No. 15, S.G.P., of 7 March 1925; No. 48, S.G.P., of 19 September 1925; No. 50, S.G.P., of 28 September 1925. Circular relating to the emigration of native workers from North Africa to Turkey : No. 62, S.C.C., 1/2, of 18 December 1926. Colonies French West Africa Order issued by the Governor-General, dated 4 March 1926 (in virtue of powers acquired under the Decree of 25 July 1925) fixing conditions for embarkation of aboriginal natives of French West Africa not inscribed on 374 LIST OF LEGISLATIVE TEXTS the maritime register, in the capacity of members of the crew of a French or foreign merchant ship [J.O.A.O.F., 10 April 1926, p . 327]. J.O.A.O.F. = Journal officiel de l'Afrique occidentale française. Cochin-China Order of 16 October 1906 relating to immigration. transit) [J.O.I., 25 October 1906, p . 1519]. J.O.I. = Journal officiel de l'Indochine. (Sections 16 and 20 : Dahomey Decree of 14 October 1902 to regulate native emigration within this colony [J.O.D., 15 May 1903, No. 10, p . 81]. J.O.D. = Journal officiel du Dahomey. Establishments in Oceania Decree of 24 February 1920, for the regulation of emigration [J.O., 5 March 1920, p. 3664; B.L., 1920, p. 793]. Order of 24 March 1924 for the regulation of conditions for the engagement of workers, other t h a n those coming under the immigration regulations. (Section 23 : emigration.) French Congo Decree of 2 July 1901 for the regulation of native emigration. Guinea Local Order of 30 March 1903 on native emigration. Indochina Order of 16 September 1920, amended by the Order of 18 February 1924, relating to the exit of natives and foreigners [J.O.I., 1924, p. 377]. Order of 13 March 1925, to establish a t Haiphong a permanent Commission, entrusted with the duty of seeing t h a t all measures imposed by regulations or necessary to ensure the safety and health of Indochinese emigrants recruited for abroad are carried out on every vessel [J.O.I., 1925, No. 22, p. 496]. Order of 1 October 1926 to establish a tax, to be called the emigration tax, on agricultural and industrial workers, for the benefit of the Tonquin local budget [J.O.I., 1926, No. 84, p. 2819]. Order of 18 December 1926 to abrogate section 4 of the foregoing [J.O.I., 1926, No. 103, p. 3447.] J.O.I. = Journal official de l'Indochine. Ivory Coast Decree of 25 October 1901 for the regulation of native emigration [J.O.C.I., 15 December 1901, p. 1]. J.O.C.I. = Journal officiel de la Cote d'Ivoire. Madagascar and Dependencies Decree of 6 May 1903 to regulate native emigration. des colonies, 1903, p. 429.] [Bulletin officiel LIST OF LEGISLATIVE TEXTS 375 Martinique Decree of 15 March 1927 determining conditions for emigration [J.O., 1927, No. 66, p. 3121]. Mayotte and Comoro Islands Decree of 1 February 1902 relating to native emigration. Senegal Decrees of 17 June 1895 and 12 January 1897 relating to native emigration. Somali Coast Order of 9 February 1920 for the regulation of native emigration [J.O.C.F.S., 29 February, No. 280, p. 408]. Order No. 320 of 6 September 1920 on the emigration and recruitment of native stokers upon merchant ships [J.O.C.F.S., 30 September, No. 287, p. 495]. Order amending the foregoing (no date) [J.O.C.F.S., 1924, No. 335, p. 295]. J.O.C.F.S. = Journal officiel de la Côte française des Somalis. GERMANY Act No. 2393 of 9 June 1897 r e s p e c t i n g e m i g r a t i o n [R.G.BL, 1897,1, p. 463]. Ordinance No. 2451 of 14 March 1898 relating to the operations of emigration contractors and agents [R.G.BL, 1898, I, p. 39]. Instruction of 14 March 1898 respecting emigrant ships [R.G.BL, 1898,1, p. 57]. Regulations of 26 January 1898, relating to the establishment of the Council attached to the Federal Emigration Office. Instructions of 24 March 1919 respecting the Rules for the Council attached to the Federal Emigration Office [R.An., 1919, No. 123]. Ordinance of 7 May 1919 concerning the powers of the Federal Emigration Office [R.G.BL, 1919,1, p. 451]. Ordinance of 29 March 1924 relating to the Federal Emigration Office [R.G.BL, 1924, I, p. 395]. Act of 22 July 1922 on employment exchanges. (Section 60 : recruiting and placing abroad) [R.G.BL 1922,1, No. 56, p. 657.—L.S., 1922, Ger. 3]. Ordinance of 4 October 1923 relating to the engagement of workers for abroad [R.G.BL, 1923, I, p. 960]. Ordinance of 14 February 1924 to remedy abuses in connection with emigration [R.G.BL, 1924, I, p. 107.—L.S., 1924, Ger. 4]. Regulations of 4 J u n e 1924 [R.G.BL, 1924,1, No. 42, p. 613] for the application of the Ordinance of 10 J u n e 1919 relating to passports [R.G.BL, 1919, I, No. 112, p. 516]. Ordinance of 20 September 1927, laying down, in respect of the Decrees of 4 October 1923 . . . the administrative amendments effected by the Act of 16 July 1927, relating to employment exchanges and unemployment insurance [R.G.BL, I, p . 303]. R.G.BL = Reichsgesetzblatt. R.An. = Reichsanzeiger. 376 LIST OF LEGISLATIVE TEXTS GREAT B R I T A I N Merchant Shipping Acts, 1894-1900. (Part III : passenger and emigrant ships, sections 267 to 368.) Act to amend the Merchant Shipping Act, 1894-1900, dated December 21, 1906 [6 Edw. VII, eh. 48]. Regulations relating to emigrant ships, dated 27 August 1917 [S.R.O., 1917, No. 917, p. 612], and 28 January 1926 [S.R.O., 1926, No. 67], under section 17 of the Merchant Shipping Act, 21 December 1906. Instructions relating to emigrant ships, 1920 [Published by H.M. Stationery Office, London, 1920]. London County Council (General Powers) Act, 1910. Public General Act of 15 August 1913 : Children (employment abroad). Poor Law amendment : Act of 1834 [4 and 5 Will. IV, ch. 76, section 62] ; Act of 1844 [7 and 8 V i c , ch. 101, section 29]; Act of 1848 [11 and 12 V i c , ch. 110, section 5]; Act of 1849 [12 and 13 V i c , ch. 103, section 20]; Act of 1850 [13 and 14 V i c , ch. 101, section 4]; Act of 1865 : parochial relief. Aliens Order. 1920, (Section 4 : transit) [S.R.O., No. 448 of 1920; as amended by Nos. 2262 of 1920 and 326 of 1923]. Poor Law (Emergency Provisions Continuance) Act (Scotland), 15 May 1924. Empire Settlement Act, 31 May 1922 [12 and 13 Geo., V, ch. 13]. Circulars addressed to the Boards of Guardians, England and Wales (No. 409 of 28 July 1923; No. 529 of 29 September 1924; and No. 592 of 4 May 1925), in pursuance of the Empire Settlement Act, 1922, and relative to the emigration of poor persons a t the cost of the poor rates. S.R.O. = Statutory Rules and Orders. Colonies and Protectorates Bahama Islands Act for the protection of persons contracting to serve as labourers in foreign countries and on ships trading with foreign countries, 9 J u n e 1904 [4 Edw. VII, ch. 22]. Act for the protection of emigrant labourers, 23 August 1909 [9 Edw. VII, ch. 26). Barbados Ordinance (No. 106) relating to foreign labour contracts [no date]. Victoria Emigration Society Act, No. 1 (to assist the emigration of poor women), dated 21 May 1897 [L.B. Vol. I I , p. 239]. Merchant Shipping Act, 7 July 1898 [L.B., Vol. I I , p . 282]. Emigration Act No. 2, dated 18 March 1904, as amended by Act dated 18 July 1907, and bv Acts No. 12 dated 12 February 1913, No. 13 dated 1 September 1914, and No. 13 dated 16 March 1916 [L.B., Vol. I I , p. 282]. Immigration of Paupers (Restriction) Act. (Section 8 : transit.) No. 29 of 1909 [Separate official publication]. Young Persons Protection Act (No. 13 of 1918) [L.B., Vol. I I , p. 282]. Repatriation Act, 21 July 1923 [L.B., Vol. I I , p . 538]. L.B. = Laws of Barbados. LIST OF LEGISLATIVE TEXTS 377 Bechuanaland Proclamation of the High Commissioner No. 45, of 19 December 1907, relative to the employment of native labour; amended by Proclamation No. 62 of 24 August 1921 (Bechuanaland Laws and Statutes 1921, Vol. VI, p. 14). Proclamation of the High Commissioner No. 7 of 1909 to make further provision to apply the provisions of the preceding proclamation. Proclamation of the High Commissioner No. 10 of 1912 relating to the preceding. Bermuda Immigration Act No. 58 of 1902. Acts, 1690-1923]. (Section 3 , transit) [Public General Borneo, North Indian Immigration Proclamation No. 4 of 1891 [Ordinances of the State of North Borneo, 1881-1914]. Labour Ordinance No. 9 of 1916. Dated 28 August 1916 [Ordinances and Rules of North Borneo, 1916, p. 40]. Ceylon Ordinance to control recruiting in Ceylon for the service of foreign States. (No. 1 of 1874.) Dated 7 November 1874 [Ceylon Ordinances, revised edition, 1923]. Ordinance relating to the emigration of native labourers. (No. 4 of 1882, as amended by No. 22 of 1884) [Idem]. Ordinance regulating the emigration of natives and residents of the Island and natives of India. (No. 22 of 1917) [Idem]. Fiji Merchant Shipping Ordinance. (No. 1 of 1908.) Dated 16 October 1908 [Ordinances of Fiji, Vol. I (revised edition, 1925), p. 778]. Ordinance relating to emigration (incorporating Nos. 6 of 1892, 6 of 1893, No. 14 of 1893, and 9 of 1915). Dated 29 July 1915. [Idem, p. 596.] Gambia Native Labour (Foreign Service) Ordinance. (No. 28 of 1913.) Dated 22 October 1913 [Ordinances of the Gambia Colony, revised edition, Vol. I, 1818-1916, p . 474]. Gilbert and Ellice Islands Gilbert and Ellice Islands (Labour) Regulations. Regulations, 1915]. Gold Coast Regulation of Employment Ordinance. 1921 [Separate official publication]. (No. 1 of 1915) [King's (No. 11.) Dated 21 February Guiana, British Emigration Regulation Ordinance. (No. 17 of 1912.) Dated 11 January 1913. Emigration Regulation (Amendment) Ordinance, 1922. (No. 14, of 5 August 1922.) 378 LIST OF LEGISLATIVE TEXTS Honduras, British Labour (Hire and Service) Law (1914, revision, ch. 123) [Separate official publication]. Hongkong Merchant Shipping Ordinance. (No. 10 of 1899.) Dated 19 September 1903. As amended by Ordinances No. 25 of 1913, No. 13 of 1917, No. 11 of 1922, No. 21 of 1922, and by the Act of 1924 [O.H.K., Vol. I I , p. 915]. Asiatic Emigration Ordinance. (No. 30 of 1915.) Dated 31 March 1916. As amended by Ordinance No. 21 of 1922 and by the Act of 1924 [O.H.K., Vol. V, p. 2357]. Stowaways Ordinance. (No. 3 of 1924.) Dated 1 August 1924 [Idem, p. 7772]. O.H.K. = Ordinances of Hongkong. Jamaica Emigrants Protection Law. 1925 [L.S., 1925, J a m . 1]. (No. 41 of 1924.) Assented to 7 January Johore The Female Domestic Servants Enactment. (No. 6 of 1926.) Dated 8 May 1926 [Johore Government Gazette Extraordinary, 6 June 1926.— L.S., 1926, Joh. 1]. Leeward Islands The Recruiting of Emigrants Act. (No. 18 of 1921.) Assented t o 22 April 1921 [L.I.A., 1921]. Act for the Protection of Emigrant Labourers. (No. 9 of 1924.) Dated 19 March 1924[L.I.A., 1924J. Act to amend the Recruiting of Emigrants Act, 1921. (No. 10 of 1924.) Assented to 19 March 1924 [L.I.A., 1924]. L.I.A. = Leeward Islands Acts. Mauritius Ordinance to regulate the emigration . . . of Indian immigrants and liberated Africans. (No. 12 of 1881.) Dated 31 August 1881. Proclamation No. 14 of 1925 (under section 366 of the Merchant Shipping Act, 1894). Dated 2 April 1925 [Collection of Proclamations for the year 1925, p. 11]. Emigration Ordinance. (No. 27 of 1925.) Dated 17 October 1925 [Laws, Statutes, and Ordinances, 1925, p. 44]. Nigeria Native Labour (Foreign Service) Ordinance. of Nigeria, 1923, Vol. I, p. 786]. Saint Helena The Emigrants Protection Ordinance. 1906. (No. 51 of 1916) [Laws (No. 4 of 1906.) Dated 30 July Seychelles The Mauritius Ordinance No. 12 of 1881 also applies to Seychelles. The Foreign Employment Ordinance, 1909. Dated 26 July 1909. 379 MST OF LEGISLATIVE TEXTS Sierra Leone Native Labour (Foreign Service) Ordinance of 1924, Consolidating Ordinance No. 25 of 11 October 1913, and Ordinance No. 1 of 1914 [Laws of Sierra Leone, revised edition 1925, p. 913]. Solomon Islands Solomans Labour Regulations. [King's Regulations, 1921]. (No. 15 of 1921.) Dated 9 August 1921 Somaliland Native Labour (Amendment) Ordinance. (No. 1 of 1913.) Dated 22 April 1913 [Laws of the Somaliland Protectorate, revised edition, Ordinances, Proclamations, etc., in force on 31 December 1922, p. 79]. Straits Settlements Ordinance No. 24 of 1925 consolidating and amending Ordinance No. 26 of 11 December 1914 (Women and Girls : Protection). Dated 6 November 1925 [L.S.S., Vol. IV, p. 292]. Merchant Shipping Ordinance. (No. 125 of 1926.) To consolidate and amend Ordinances Nos. 32 of 1910, 32 of 1920, 26 of 1921. and 5 of 1924 [L.S.S., revised edition, 1926, Vol. IV, p. 535]. Ordinance No. 169 of 1926. To regulate the entrance of persons into and the departure of persons from the colony, consolidating Ordinance No. 14 of 1919 [Idem, Vol. IV, p . 714]. Ordinance No. 197 of 1926. To consolidate the law relating to labour (Part X I I : Emigration of Asiatics) [Idem, Vol. IV, p. 942]. Ordinance (Passports) No. 176 of 1926 [L.S.S., revised edition, 1926, Vol. IV, p. 794]. L.S.S. = Laws of Straits Settlements. Trinidad and Tobago Foreign Labour Contracts Ordinance. (No. 106 of 1900.) Dated 10 February 1900 [Laws of Trinidad and Tobago, revised edition, 1925, Vol. I I , p. 1651]. Ordinance No. 7 of 1916 relating to Merchant Shipping, as amended by Ordinances No. 42 of 1916 and No. 29 of 1925. Dated 2 July 1917 [Idem, Vol. I I , 1312]. Children (Emigration) Ordinance, No. 2 of 1918. Dated 15 April 1918 [Idem, Vol. IV, p. 3302]. Uganda Masters and Servants (Amendment) Ordinance. Dated 30 November 1923 [Ordinances, 1923, p. 4]. (No. 15 of 1923.) Windward Islands Grenada.—Emigration Regulation Ordinance, 1911 (ch. 65, Revised Law, 1911) [Law of Grenada, Vol. I, p. 529]. Emigration of Children Ordinance. (No. 18 of 1917.) Ordinance to amend the Emigration Regulation Ordinance of 1911. (No. 13 of 1923.) Dated 23 July 1923 [Ordinances for the year 1923, p. 29]. Santa Lucia.—Emigration Agents Ordinance. (No. 8 of 1915) [Revised Ordinances of Santa Lucia, 1915]. 380 LIST OF LEGISLATIVE TEXTS Emigrants Protection Ordinance, 1916. Revision No. 33 [Idem, 1916, Vol. I, p. 165]. Emigration of Children Ordinance. (No. 10 of 1917.) As amended by Ordinance No. 13 of 1918. Engagement of West Indians by Foreign Ships Ordinance. (No. 1 of 1924.) Dated 19 January 1924 [Laws of Santa Lucia, 1924, p. 1]. Saint Vincent.—Emigration of Children Ordinance. (No. 23 of 1917) [O.S.V. 1917.] Emigration of Children Ordinance. (No. 17 of 1918) [O.S.V. 1918.] Emigrants Protection Ordinance. (No. 1 of 1924.) Dated 21 January 1924 [O.S.V. 1918]. O.S.V. = Ordinances of Saint Vincent. Zanzibar Decree to regulate the relations between employers and native servants and to control the recruiting and engagement of natives for service within or without the Protectorate. (No. 14 of 1925.) Proclamation No. 19 of 1925. Dated 11 May 1925 [Zanzibar Legislation, 1925.—i.A., 1925, Zan. 1]. GREECE Act N o . 2475 respecting emigration and migration. Dated 24 July 1920 [L.S., 1921, Volume I I , Gr. 1]. Administrative Regulations dated 18 February 1921. Royal Decree of 24 September 1920. Amended by t h a t of 17 January 1921 relating to emigration of women and girls. Royal Decree of 2 September 1921 concerning the duties and competence of the Emigration Section established in the Ministry of the Interior and of the emigration offices. Penal and Disciplinary Code of the Mercantile Marine 1923. (Section 44, subsection (4), relating to clandestine emigration) [E.K., 1923, Part I, No. 367, p. 2657.—L.S., 1923, Gr. 5 (B)]. Aliens Order of 23 J u n e 1927. (Sections 4 and 5 : transit) [E.K., 1927, No. 124]. E.K. = 'E(p7)jJ.spiç vfjç Küßspy/jaecoc. GUATEMALA Immigration Act of 30 April, 1909. (Section 14 : transit) [Segretaria de Fomento, Ley de Immigración, Guatemala, 1909]. Presidential Decree of 20 July 1923, to regulate the conditions under which contracts of employment may be concluded for workers recruited for industrial or agricultural undertakings situated outside the national territory [El Guatemalteco, 27 July 1923, No. 68, p . 435]. Decree No. 875 of 15 September 1924, relating to passports and the necessary measures to ensure compliance with the immigration and emigration laws [El Guatemalteco, 18 October 1924, No. 41, p. 241]. HAITI Act to repeal the Act of 16 February 1923, respecting emigration, Dated 28 February 1924 [Le Moniteur, 10 and 13 March 1924, 79th year. Nos. 19 and 20, p. 105.—i.A., 1924, Haiti 1]. LIST OF LEGISLATIVE TEXTS 381 Act to amend the Act of 28 February 1924 respecting emigration. Dated 16 April 1924 [Le Moniteur, 17 and 21 April 1924, Nos. 30 and 31, p. 169.— L.S., 1924, Haiti 2]. Decree relating t o the emigration service and fixing conditions for departure of emigrants. Dated 24 April 1924 [Le Moniteur, 1924, No. 26, p. 145]. Act of 23 January 1925 on fees chargeable upon entry and exit. (Sections 10 and 11, relating t o emigrants' passports) [Le Moniteur, 29 January 1925, No. 9, p. 57]. Decree issued by the President of the Republic relating to ports of departure of emigrants. Dated 30 November 1925 [Le Moniteur, 3 December 1925, No. 97, p. 657]. HUNGARY E m i g r a t i o n A c t . Dated 18 F e b r u a r y 1909 [Orszagos Törvenytar, 23 February 1909]. Circular relating to the making out of passports for the United States. Dated 31 March 1923 [Budapesti Közlöni, 4 April 1923]. Ordinance No. 220,902 of 1924, promulgated by the Ministry of the Interior on 27 J u n e 1925, relating to measures to be taken in respect of applications received from girls and women between the ages of 12 and 40 years for passports for abroad. INDIA Act to regulate emigration to Assam, No. VI of 1901, as amended on 1 July 1910 [General Acts, Vol. I]. Act to a m e n d the l a w r e l a t i n g t o e m i g r a t i o n . N o . VII of 1922. Dated 5 M a r c h 1922 [L.S., 1922, Ind. 2]. As amended by Act No. X X V I I of 22 September 1927 [L.S., 1927, Ind. 1]. Notifications relating to emigration to Ceylon and Malaya. Undated [Bombay Labour Gazette, February 1923]. Notification No. 212 for the regulation of the Emigration Act of 1922. Dated 10 March 1923 [Government of India, Department of Revenue and Agriculture]. Act : Merchant Shipping, No. X X I of 1923. Dated 2 April 1923. (Sections 147 to 213 : Native passenger ships.) IRISH FREE STATE In accordance with Article 73 of the Irish Free State Constitution, which came into operation on 6 December 1922, laws in force in the Irish Free State at t h a t date continue to be of full force and effect until the same or any of them shall have been repealed or amended by enactment of the Parliament of the Irish Free State (Oireachtas). A communication of the Irish Government addressed in March 1927 to the International Labour Office stated that British emigration laws in force when the Constitution came into operation were still in force. Acts prior to 6 December 1922 *, therefore, will be found under "Great Britain". 1 At the time of going to press, information has been received to the effect that the Executive Council of the Irish Free State has recently issued an Order entitled : The Merchant Shipping Act, 1894, Adaptation Order, 1927, dated 21 September 1927 [Statutory Rules and Orders 1927, No. 80]. 382 LIST OF LEGISLATIVE TEXTS Merchant Shipping (Fees) Order, 1925, made by the Minister for Industry and Commerce under the Merchant Shipping Act, 1894. Dated 6 April 1925 [The Dublin Gazette, 1925, No. 39, p. 517]. Aliens Order, 1925. (Section 5 : transit) [The Dublin Gazette. No. 9, p. 99J. ITALY Act No. 24 relating to emigrants' savings. Dated 1 February 1901. Royal Decrees : No. 375 of 10 July 1901 ; No. 165 of 10 March 1904; of 24 April 1904; No. 621 of 2 December 1906; No. 411 of 28 J u n e 1908; and No. 1643 of 28 August 1913; together with Regulations No. 571 of 29 December 1901, No. 866 of 23 Julv 1911; No. 1086 of 9 August 1911; No. 849 of 6 March 1912 ; and No. 556 of 16 May 1912, for the administration of the Emigration Act dated 31 January 1901. Decree concerning the conditions to be complied with by ships authorised to transport emigrants. Dated 14 March 1909. Ministerial Decree dated 14 February 1911, concerning the emigration of minors [G.U.,, 22 February 1911], and Circular No. 4280 dated 3 March 1911, for the administration of the said Decree [Bulletin of the International Labour Office, Basle, Vol. V I I I , p. 307]. Royal Decree No. 1643, approving the Regulations for the legal protection of emigrants ; followed bv the text of the Regulations. Dated 28 August 1919 [G.U., No. 245, 15 October 1919, and Boll. Em., 1919, p. 97]. Act to co-ordinate the provisions respecting emigration and the legal p r o t e c t i o n of e m i g r a n t s . A p p r o v e d by Decree N o . 2205, d a t e d 13 N o v e m b e r 1919 [G.U., No. 292, 11 December 1919, Boll. Em., X I X , 1920, p. 85.—L.S., 1920, It. 1]. E x t e n d e d to a p p l y to t h e a n n e x e d t e r r i t o r i e s by Decree N o . 184 d a t e d 18 J a n u a r y 1923 [G.U., No. 37, p. 926], a n d to t h e t o w n of F i u m e by Decree N o . 1504 d a t e d 8 A u g u s t 1924 [G.U., No. 234, p. 3385]. Decree relating to the issue of licences to agents undertaking to transport emigrants to the United States. Dated 18 J u n e 1922 [G.U., 1922, No. 160, p. 1595]. Decree of the General Emigration Commissioner fixing the amounts to be paid to transport companies for the repatriation of indigent Italians. Dated 29 J u n e 1922 [G.U., No. 188, 1922, p. 1955]. Royal Decree of 31 August 1922, relating to fees payable in respect of licences to transport emigrants [G.U., 1922, No. 267, p . 2934]. Legislative Decree No. 1607, to amend section 2 of the codified text of the Emigration Act of 13 November 1919, concerning the composition of the Superior Emigration Council and the Permanent" Emigration Committee. Dated 16 November 1922 [G.U., 1922, No. 297, p. 3340.—L.S., 1922, It, 4]. Further amendment by Royal Decree dated 18 December 1924 [Boll. Em., January 1925, p. 109]. Royal Decree No. 590 relating to the issue of passports for abroad to persons liable to be called up for military service and soldiers on leave. Dated 18 March 1923 [G.U., 1926, No. 77, 2 April, p . 2707]. Royal Decree No. 900, exempting from payment of the consular fee instruments drafted abroad in respect of the recruitment of Italian workers. Dated 5 April 1923 [G.U., 1923, No. 105, p . 3563]. Decree No. 1066, concerning recruiting fees. Dated 6 May 1923 [G.U., No. 122, p. 4084]. Royal Decree No. 1686, relating to provincial services to aid and supervise emigration. Dated 19 July 1923 [G.U„ 16 August 1923, No. 192, p. 5726]. LIST OF LEGISLATIVE TEXTS 383 Amended by Decree No. 2825. Dated 6 December 1923 [G.U., 12 January 1924, No. 10]. Decree entitled : Transfer of emigrants' savings through the intermediary of the Bank of Sicily. Dated 15 September 1923 [Boll. Em., November 1923, p . 895]. Royal Decree No. 2130 : Functions of Royal Commissioners on board emigrant vessels. Dated 23 September 1923 [G.U., 1923, No. 246, p. 6450]. Rules for the application of the foregoing. Dated 1 July 1924 [Boll. Em., November 1925, p. 1192]. Royal Decree No. 2655 : Construction of emigrants' hostels. Dated 23 September 1923 [G.U., 1923, No. 298, p. 7249]. Supplemented by Ministerial Decree of 1 July 1924 [G.U., 1925, No. 94, p. 1458], Legislative Decree No. 1695 of 4 September 1924 [G.U.,1924, No. 263, p . 3923], and Legislative Decree No. 718 of 7 May 1925 [G.U., 1925, No. 125, p. 2170]. Royal Decree No. 2188 : Transfer of emigrants' money by Italian Post Office Savings Banks. Dated 27 September 1923 [G.U. 1923, No. 252, p. 6535]. Royal Decree No. 3130, setting up the Institution for agricultural emigrants' aid. Dated 6 December 1923 [G.U., 5 February 1924; Boll. Em., No. 3, 1924, p. 249]. Royal Legislative Decree No. 3148, setting up the National Credit Institute for Italian Labour Abroad. Dated 15 December 1923 [G.U., 1924, No. 35, p. 638]. . Supplemented by Ministerial Decree dated 15 April 1925 [G.U., 9 March 1926; Boll. Em., May 1926, p. 596]. Royal Legislative Decree No. 767, for provincial supervision and protection of emigration. Dated 1 May 1924 [G.U., 1924, No. 125, p. 2027]. Royal Decree No. 963, to amend Royal Decree No. 130 of March 1909, in so far as this relates to the age of steamships used for the transport of emigrants. Dated 1 May 1924 [G.U., 1924, No. 146, p. 2342]. Circular No. 3, relating to the engagement of dramatic and operatic artistes for abroad. Dated 27 April 1925 [Boll. Em., 1925, p. 533]. Act of 24 December 1925 and Decree of 4 March 1926, to establish a permanent commission for emigration within the country [G.U., 1926, No. 66, p. 1235; Boll. Em., 1926, No. 4, p. 443]. Circular No. 28, issued by the Commissioner-General prohibiting the emigration to foreign countries of itinerant musicians. Dated 23 January 1926 [Boll. Em., February 1926, p,. 190]. Royal Decree No. 1801, fixing amounts to be paid in respect of the return of emigrants from an oversea port to an Italian port by transport agents holding a consular licence. Dated 30 September 1926 [G.U., 2 November 1926, No. 253; Boll. Em., No. 11, 1926, p. 1492]. Legislative Decree No. 1848, concerning public safety. (Section 160 : clandestine emigration.) Dated 6 November 1926 [G.U., 8 November 1926, p. 4822]. Legislative Decree No. 628, abolishing the General Emigration Department and setting up the Directorate-General for Italians Abroad, attached to the Ministry for Foreign Affairs. Dated 28 April 1927 [G.U., No. 105, 6 May 1927, p . 1901]. Royal Decree No. 1036 transferring the assets and liabilities of the. Emigration Fund to the general State budget. Dated 18 J u n e 1927 [G.U., No. 149, 30 J u n e 1927, p . 2771]. Act No. 1170, laying down rules for the acceptance of employment by Italian citizens abroad [G.U., 16 July 1927, No. 163]. Circulars N o s . 75, 76 and 77 issued by the P r i m e Minister, to regulate emigration. Dated 20 June 1927 [Boll. Em., July 1927]. Circular V, No. 98 : Applications to embark in foreign ports. Dated 16 July 1927 [Boll. Em., August 1927, p. 1332]. 384 LIST OF LEGISLATIVE TEXTS Republic of San Marino Act relating to the Office for Temporary Emigration in Europe. Dated 20 August 1923 [Boll. Em., 1924, No. 5, p. 441]. Regulation to apply the provisions of the Act relating to the Office for Temporary Emigration in Europe. Dated 20 August 1923 [Boll. Em., 1924, No. 5, p. 441]. Colonies Italian Somaliland Circular No. 30 issued by the Governor, relating to emigration. Dated 15 April 1904 [M.L.S.I., Vol. I I , p. 109]. Decree (Decreto commissariale) No. 75 : Prohibition of Native Emigration. Dated 7 May 1906 [M.L.S.I., Vol. I I , p. 488]. G.U. = Gazzetta Ufficiale. Boll. E m . = Bollettino della Emigrazione. M.L.S.I. = Manuale di Legislazione della Somalia Italiana. JAPAN Order No. 1, issued by the Ministry of Foreign Affairs, with a view to the suppression of the White Slave Traffic. 3 February 1893. Law N o . 70, for the Protection of Emigrant Workers (Imin). Dated 7 April, 29th year of Meiji (190&). A s amended by Law No. 23, the 34th year of Meiji (1901), Law N o . 4, the 35th year of Meiji (1902) , and Law N o . 33, the 40th year of Meiji (1907) [Japanese Laws and Ordinances relating to emigration, passports, and registration.— Bureau of Commercial Affairs in the Department of Foreign Affairs, Tokyo, p. 1]. Ordinance No. 70, issued by the Department of Foreign Affairs, containing Regulations for the enforcement of the Law for the Protection of Imin (emigrant workers). Dated 8 June, the 40th year of Meiji (1907). As amended by Ordinance No. 4, the 42nd year of Meiji (1909). Consolidated text [Idem, p. 10]. . Ordinance No. 1, issued by the Department of Foreign Affairs. Dated 15 March, the 40th year of Meiji (1907) [Idem, p . 36]. Ordinance No. 5, issued by the Department of Foreign Affairs. Regulations for the registration of Japanese subjects resident in foreign countries. Dated 7 May, the 42nd year of Meiji (1909) [Idem, p. 48]. Passport Regulations promulgated by Ordinance of the Ministry for Foreign Affairs. Dated 15 March 1907. As amended in 1909, 1910, 1913, 1916, 1917, 1921, 1922, and 1925 (No. 4 of 1925) (Consolidated Text). Ordinance No. 80 issued by the Governor-General of Formosa, dated 21 November 1902, as amended by Ordinance No. 4 of 1913 (Consolidated Text of 1913) ; constituting the regulations for the issue of permits to travel to the United States and dependencies thereof. Korea Emigrants' Protection Act : Notification No. 68, issued by the ResidentGeneral of Korea on 13 July 1906, amended by Notification No. 82 of 1908. Regulations for the enforcement of the Emigrants'' Protection Act : Notification No. 75, issued by the Resident-General of Korea on 29 July 1906, amended by Notification No. 83 of 1908. • LIST OF LEGISLATIVE TEXTS 385 LATVIA Passports Act. Dated 30 March 1926 [L.M.K.N.K., No. 4 of 15 April 1926]. Passports (Amendment) Act. Dated 7 March 1927 [L.M.K.N.K., No. 42, 6 April 1927]. L.M.K.N.K. = Likumu un ministra kabineta noteikumu kràjums. LITHUANIA E m i g r a t i o n Act. Dated 18 J u l y 1922 [V.Z., 1922, No. 99.—L.S., 1922, Lith. 3]. A s a m e n d e d on 20 M a r c h 1925 [V.Z., 1925, No. 189, p. 21. Instructions for the application of the Act of 22 August 1922 [V.Z., 1922, No. 105]. Instructions No. 1523 for the issue of passports for abroad (undated) [V.Z., No. 234,18 September 1926 ; and Amtsblatt des Memelgebietes, No. 94, 24 September 1926]. V.Z. = Vyriausybes Zinios. MEXICO M i g r a t i o n A c t . Dated 12 M a r c h 1926 [Diario Oficial, supplement to No. 12 of Vol. XXXV, corresponding to 13 March 1926.—L.S., 1926, Mex. 1]. S t a t e of J a l i s c o Decree No. 2308, respecting the Labour Act of the State of Jalisco. (Section 10, relating to the recruitment of workers for abroad.) Dated 13 August 1923 [El Estado de Jalisco, Vol. XCV No. 22, p. 257; No. 23, p. 273; No. 24, p. 293.—L.S., 1923, Mex. 1]. NETHERLANDS Act r e s p e c t i n g t h e t r a n s i t a n d t r a n s p o r t of e m i g r a n t s . Dated 1 J u n e 1861 [S.B., No. 53]. A s a m e n d e d by t h e A c t of 15 J u l y 1869 [S.B., No. 124]. Orders for the carrying out of section 24 of the foregoing Act. Dated 27 November 1865 [S.B., 130], 30 September 1869 [S.B., 155], and 20 July 1875 [S.B., 138]. Circular No. 425 A.B. issued by the Unemployment Insurance and Employment Exchange Service, respecting the functions of the "Holland" Central Emigration Office. Dated 16 January 1924. S.B. = Staatsblad. Colonies East Indies Ordinance dated 9 January 1887 : Prohibition of recruitment of natives for the purpose of employment outside the Netherland Indies [I.S., 8], Ordinance dated 14 September 1914 : Recruitment of natives at Java and Madura [I.S., 613]. As amended by Ordinances dated 11 February 1915 [LS., 181], 22 June 1915 [I.S., 423], 4 December 1915 [I.S., 693], 4 February 1920 [I.S., 56], 14 July 1920 [I.S., 535], 29 August 1921 [I.S., 506]. Order No. 48, Bb. No. 8112, issued by the Governor containing provisions for the enforcement of the foregoing Ordinance. Dated 14 September 1914. 26 386 LIST OF LEGISLATIVE TEXTS Ordinance t o regulate the recruitment of natives a t J a v a and Madura for the purpose of employment abroad (elsewhere than in the Dutch Colony of Surinam). Dated 14 September 1914 [I.S., 615]. Government Order No. 5, Bb No. 4964, containing a model contract of employment to be used for the purpose of engagements to undertake work outside the Dutch Indies. Dated 28 February 1894. Ordinance relating to the recruitment of natives for the purpose of taking part in native performances outside the Dutch Indies. Dated 16 August 1899 [I.S., 235]. Order No. 17, designating a model contract of employment for the engagement of natives to work in the Straits Settlements and the Federated Malay States. Dated 11 February 1915 [Wetten en Verordeningen van Ned.-Indië, G. Kolff and Company, Batavia, 1919. De Wervingsordonnantie en de voorschriften tot hare uitvoering, pp. 70-76]. Royal Order No. 32, relative to admission and establishment. (Sections 16 and 17 : transit.) Dated 15 October 1915 [I.S., No. 47,1916]. Ordinance : Special conditions for the issue of permits to employers recruiting natives a t J a v a and Madura for work to be undertaken in exterior Possessions. Dated 4 December 1915 [I.S., 693]. I.S. = Staatsblad van Nederlandsch-Indië. Curaçao Ordinance to continue in force the provisions relating to : (1) engagement of recruitment of inhabitants of the colony for the purpose of undertaking manual work outside the colony, (2) protection of the health and safety of persons embarking in large numbers upon sailing vessels for the purpose of leaving the colony, and to repeal the remaining provisions, of the Ordinance dated 17 July 1883 [I.S., 7]. Dated 16 March 1920 [S.B., 51]. NEW ZEALAND Act to continue in force certain provisions of the War Regulations Act, 1914, No. 2 of 1920. Dated 6 October 1920 [New Zealand Statutes, 1920, p. 60]. Order in Council : Regulations under the Immigration Restriction Act 1908 and the Immigration Restriction (Amendment) Act 1920. Dated 10 January 1921 [New Zealand Gazette, No. 4, 14 January 1921]. [ NICARAGUA Emigration Act, dated 31 January 1923. Promulgated by Presidential Decree of 7 February 1923 [La Gazeta, No. 35, 13 February 1923]. NORWAY Act t o c o n t r o l t h e t r a n s p o r t of e m i g r a n t s . D a t e d 22 M a y 1869. A s a m e n d e d o n 18 S e p t e m b e r 1909, 21 A u g u s t 1914, 20 A u g u s t 1915, a n d 16 S e p t e m b e r 1921 [N.L., 1921, 1, I, p . 581]. An Act to supplement the preceding. Dated 5 J u n e 1897 [A.N.L., Vol. V, 1895-1899, p . 411]. Supplementary Resolution. Dated 2 December 1899 [A.N.L., Vol. V, 1895-1899, p. 1231]. Regulations for the Act to control the transport of emigrants. Dated 18 December 1899 [A.N.L., Vol. V, 1895-1899, p. 1250]. LIST OF LEGISLATIVE TEXTS 387 Acts Nos. 5 and 6, relating to persons liable for the maintenance of minors or other dependants. Dated 6 July 1892 [A.N.L., Vol. IV, p. 667]. Act relating to employment agencies. Dated 12 J u n e 1896 [A.N.L., Vol. V, 1895-1899, p. 215]. Act relating to the seaworthiness of vessels. (Ch. VIII : passenger vessels.) Dated 9 J u n e 1903. Supplemented on 8 August 1908, and 21 July 1916 [Love, etc., 1900-Z905, vedr. rende Kongeriget Norges Handel og Skibsfartm M., p. 513]. Regulations for the preceding, dated 19 January, 1 May, 27 August, and 17 November 1909 [A.N.L., Vol. VIII, 1908-1911, pp. 329, 386, 483 and 650 respectively]. Consular Instructions. (Ch. VI : protection of Norwegian subjects, who have emigrated.) Dated 24 July 1906 [A.N.L., Vol. VII, 1904-1907, p. 957]. Military Service Act. (Sections 41 and 42 : service to deal with returning emigrants.) Dated 19 July 1910 [A.N.L., Vol. VIII, 1908-1911, p. 889]. N.L. = Norske Lovtidende. A.N.L. = Almindelig Norsk Lovsamlung. PANAMA Presidential Decree No. 45. (Sections 1, 2, 8, and 9 : transit.) Dated 19 August 1925 [Official pamphlet : República de Panama. Secretaria de Relaciones exteriores : "Immigración y Passaportes", Panama 1927, p. 17]. Act No. 13 relating to immigration. (Section 2, transit.) Dated 23 October 1926 [Official pamphlet : República de Panama, Secretaria de Relaciones exteriores : "Immigración y Passaportes", Panama 1927, p. 45]. Act No. 16. (Sections 6 and 7 : transit). Dated 31 January 1927 [Gaceta oficial, 28 February 1927, No. 5058; and p. 55 of the pamphlet referred to above]. PARAGUAY Immigration Act. (Section 7 : transit.) Dated 30 September 1903 [Official pamphlet : República de Paraguay : "Leyes de Tierras." Anexo : Ley de Inmigración, 1924], POLAND Decree for the establishment of public employment exchanges and offices for the assistance of emigrants. Dated 27 January 1919 [D.U., No. 11, text 127], Extended to apply to the Territory of Vilna by Order dated 21 December 1922 [D.U., 30 December 1922, No. 116]. Act for the regulation of questions relating t o voluntary or compulsory migration. Dated 4 November 1920 [D.U., 1920, No. 108, text 707]. Ordinance relating to passports for workers going abroad. Date 12 April 1922 [D.U., 1922, No. 29, p. 426]. Order relating to creation of the post of emigration adviser attached to diplomatic agencies. Dated 22 March 1923 [D.U., No. 5]. Act relating to fees payable in respect of passports for abroad. Dated 17 July 1924 [D.U., No. 69, text 672, p. 1011]. Ordinance for the application of the preceding Act. Dated 22 December 1925 [P.G.V., No. 3, 2J February 1926, p. 44]. Order for the reorganisation of the Emigration Office and to lay down its functions. Dated 20 October 1924 [D.U., 30 October 1924, No. 94, 26 388 LIST OF LEGISLATIVE TEXTS p. 873]. Supplemented by the Order of 17 March 1926 [D.U., 1926, No. 30, text 186, p. 349]. Act relating to the organisation of consulates and functions of consuls. Dated 17 November 1924 [D.U., No. 103]. Decree relating t o the Rules for the organisation of the Emigration Office. Dated 11 February 1925 [M.P., 21 February 1925, No. 43]. Order relating to the establishment of the Emigration Council. Dated 8 July 1925 [D.U., 31 July 1925, No. 76, text 535]. Communiqué issued by the Emigration Office regarding the installation of returning migrants in agriculture [Biuletyn Urzedu Emigracyjnego, No. 6, July 1925]. Instructions issued by the Minister of Labour and Social Welfare, relating to advantages accorded to Polish optants leaving German territory in accordance with the provisions of the Germano-Polish agreement of 30 August 1924. Dated 5 August 1925 [M.P., No. 179, 5 August 1925]. Act relating to Polish ports of emigration. Dated 14 December 1925 [D.U., No. 129, 30 December 1925]. Presidential Ordinance relating to aliens. (Section 7 : transit.) Dated 13 August 1926 [P.G.V., No. 15, Posen, 25 August 1926, p . 236]. Instruction issued by the Emigration Office respecting conditions to be complied with for the purpose of obtaining emigrants' passports for various countries. Dated 23 December 1926 [P.Em., Nos. 3 and 4,1926]. Circular No. 34 issued by the Emigration Office respecting formalities t o be complied with for the purpose of emigrating to Roumania or Yugoslavia. Dated 22 December 1926 [P.Em., Nos. 3 and 4, 1926]. Decree i s s u e d by t h e P r e s i d e n t of t h e R e p u b l i c r e l a t i n g t o e m i g r a t i o n . D a t e d 11 O c t o b e r 1927 [D.U., No. 89,15 October 1927, text 799] K D.U. = Dziennik Ustaw. P.G.V. = Polnische Gesetze und Verordnungen in deutscher Uebersetzung. M.P. = Monitor Polski. P.Em. = Przeglad Emigracyjny. PORTUGAL Decree N o . 5624 r e l a t i n g t o e m i g r a t i o n . D a t e d 10 M a y 1919 [CO., 1919, I, p. 795]. Regulations for the application of Decree No. 5624, promulgated by Decree No. 5886. Dated 19 June 1919 [CO. 1919, I , p . 1418]. Decree No. 5766 relating to compulsory registration of emigrants. Dated 10 May 1919 [CO., 1919,1, p. 1024]. Decree No. 6453 : Fees payable by emigrants in respect of consular registration. Dated 7 March 1920 [CO., 1920, I, p. 304]. Consular Regulations, promulgated by Decree No. 6462. Dated 7 March 1920. (Ch. V, section I I I : assistance to repatriated persons; section IV : protection of emigrants) [CO., 1920,1, p . 315]. Order (portaría) No. 2232, issued by the Emigration Services Department, relating to the embarkation of unmarried women. Dated 8 April 1920 [CO., 1920,1, p. 431]. Order (portaría) No. 2521, issued by the Ministry of the Interior, relating 1 This Decree arrived too late to be made use of in the body of the present study. An analysis otitis, however, given in Supplement I; and it will be included in the Legislative Series for the year 1927i LIST OF LEGISLATIVE TEXTS 389 to issue of passports to minors going to rejoin their parents and married women going to rejoin their husbands. Dated 7 December 1920 [CO., 1920, I I , p. 562]. Decree No. 7243 prohibiting the emigration of persons for whom the expenses of the journey have been paid. Dated 22 January 1921 [D.d.G., No. 15, 1921; C O . , 1921, I, p. 19]. Also Decree No. 7427 on the same subject [D.d.G., No. 64, 30 March 1921; C O . , 1921, I, p. 296]. Decree No. 7538, to repeal section 99 of Decree No. 5886 of 19 J u n e 1919. Dated 9 J u n e 1921 [CO., 1921, I, p. 656]. Decree No. 7957 : emigration of individuals over 60 years of age. Dated 31 December 1921 [CO., I I , p. 491]. Decree No. 8164 : authorising the emigration of Portuguese workers who propose to go to any countries in Europe or to the possessions thereof, and prove t h a t they are guaranteed work in the country of destination. Dated 31 May 1922 [D.d.G., 1922, I, No. 107.—L.S., 1922, Port. 1]. Decree No. 9672 : Budgetary receipts relating to emigration. Dated 13 May 1924 [D.d.G., 1924,1, No. 105, p. 645]. Decree No. 10684 to amend certain provisions relating to assistance of Portuguese emigrants on board foreign vessels. Dated 7 April 1925 [D.d.G., 1925, I, No. 76, p. 385]. As amended by Decree No. 13213 dated 4 March 1927 [D.d.G., 1927, No. 44, p. 285, and No. 72, p. 516]. Order (portaría) No. 4553 relating to the preference to be accorded to Portuguese workers employed in industrial, conunercial and agricultural undertakings in Portuguese colonies. Dated 16 December 1925 [D.d.G., I, No. 272, 19 December 1925]. Decree No. 11658 regarding conditions for the embarkation of emigrants bound for the United States. Dated 11 May 1926 [D.d.G., I, No. 101, p. 493]. As amended by Decree No. 12837. Dated 17 December 1926 [D.d.G., I, No. 283, p. 2210]. Decree No. 12383, laying down conditions for the safety of vessels. (Sections 3, 16, 17, 21, and 29 : emigrant vessels). Dated 27 September 1926 [D.d.G., I, No. 215, 27 September 1926, p. 1419]. Order (portaría) No. 4813, suspending provisionally the emigration of workers to France. Dated 28 January 1927 [D.d.G., 1927, No. 25, p . 183]. As amended by Order No. 4846, dated 4 April 1927 [D.d.G., 1927, No. 69, p. 496]. Order (portaría) No. 4842 to regulate the issue of safe-conducts to workers travelling to neighbouring countries. Dated 26 March 1927 [D.d.G., 1927, No. 66, p. 475]. Decree No. 13620 to approve the technical regulations for the Emigrants' Medical Assistance and Protection Services. Dated 28 April 1927 [D.d.G., 1927, No. 100, p. 772]. C O . = Colecçâo official de legislaçâo portuguesa. D.d.G. = Diario do Governo. Colonies Decree No. 951 relating to native labour. (Section IV : contracts for employment abroad.) Dated 14 October 1914[B.O.I.P., 30 December 1914]. Angola Colonial Legislative Authorisation No. 108. To approve the modus vivendi relating to labour, concluded between the Governors of the Province of Angola and of St. Thomas and Principe Islands on 28 April 1926. Dated 19 J u n e 1926. Followed by the text of the modus vivendi (concluded for 390 LIST OF LEGISLATIVE TEXTS a period of ten years, subject to revision after five years) [D.d.G., I, No. 137, 28 June 1926, p. 626]. Mozambique Decree No. 11491. To approve the modus vivendi relating to labour, concluded between the Governors of Mozambique and of St. Thomas and Principe Islands on 14 November 1925. Dated 9 March 1926. Followed by the text of the modus vivendi (concluded for a period of ten years, subject to revision after five years) [D.d.G., No. 49, 9 March 1926, p . 212]. Decree No. 11492. To authorise the recruitment of native workers from the Province of Mozambique for St. Thomas and Principe Islands, in accordance with the terms of the modus vivendi of 14 November 1925. Dated 9 March 1926 [D.d.G., No. 49, p. 214]. Order No. 309. To abolish the entry t a x in the case of natives returning from the Transvaal, and to provide for exemptions from compulsory labour (upon payment of a tax) of which 50 per cent, shall be paid into the Fund for the Assistance of Native Emigrants. Dated 1 May 1926 [Boletim official, No. 18, 1 May 1926]. Decree No. 13648. Relating to the establishment of a colonial agricultural training school for emigrants from the mother-country. Dated 21 May 1927 [D.d.G., No. 104, 21 May 1927, p. 806]. Decree No. 13651. Relating to emigration of natives from the Colony of Mozambique. Dated 21 May 1927 [D.d.G., No. 104, 21 May 1927, p. 819]. D.d.G. = Diario do Governo. B.O.I.P. = Boletim official do Governor gérai de India portuguesa. RUMANIA Act concerning the organisation of Employment Exchanges. (Sections 4, 17,18, 40 : Employment abroad.) Dated 22 September 1921 [M.O., No. 143, 30 September 1921.—L.S., 1921, Rum. 2]. Act N o . 1206 : Migration. Dated 11 April 1925. Promulgated 28 April 1925 [M.O., No. 92, 29 April 1925, p . 4689.—L.S., 1925, Rum. 1]. Regulations No. 2078, for the application of the preceding Act. Dated 22 J u n e 1925 [M.O., No. 138, 26 J u n e 1925, p. 7509]. M.O. = Monitorili oficial. RUSSIA Ordinance issued by the Council of People's Commissaries, relating to passports [Izvestia, 18 May 1922]. Agrarian Code of the Russian Socialist Federal Soviet Republic, 1922-1925. (Introduction, (7) : principles relating to the regulation of migration.) [Complete translation in the Collection of World Agricultural Legislation (for the year 1925), p. 930, issued by the International Institute of Agriculture]. Instructions No. 560 (Merchant Shipping) respecting the regulations for service on board vessels of the mercantile marine. Dated 20 March 1924 [L.S., 1924, Russ. 2]. Order issued by the Council of the People's Commissaries of the Soviet Union, to reorganise the Permanent Emigration and Immigration Committee attached to the Council of Labour and Defence [Information of the People's Commissariat for Labour in the Soviet Union, 1925, Nos. 21-22, p. 3]. LIST OF LEGISLATIVE TEXTS 391 SALVADOR Decree dated 23 September 1926. 1926, No. 213, p. 1769]. (Section 3 : transit.) [Diario Oficial, SERB-CROAT-SLOVENE KINGDOM Act r e l a t i n g to e m i g r a t i o n . Dated 30 D e c e m b e r 1921 [S.N., No. 39, 1922, p. 4..—L.S., 1921 (Part II), S.C.S. 1]. Regulations No. 71516 for the application of the Emigration Act. Dated 30 July 1923 [S.N., No. 184, 15 August 1923]. Amendment and supplement to the preceding Regulations, dated 31 August 1924 [S.N., No. 200, 1924]. Further amendment and supplement to the above Regulations, dated 1 December 1924 [S.N., No. 11, 1925]. Workers' Protection Act. (Section 103 : recruitment for employment abroad.) Dated 28 February 1922 [S.N., No. 128.—L.S., 1922, S.C.S. 1]. S.N. = CiyacoeHe HoBHHe. S O U T H AFRICA Native Labour Regulation Act, No. 15, 1911. Dated 20 April 1911 [Statutes of the Union of South Africa 1910-1911, p. 528]. SPAIN Royal Decree approving the regulations relating to ships authorised to transport emigrants. Dated 26 August 1911 [Manual legislativo de la Marina Mercante española, tomo apéndice I o , 1923, p. 426]. Royal Ordinance prescribing penalties to be inflicted upon recruiting agents engaging children for work abroad . . . Dated 18 November 1912 [G.M., 19 November 1912]. Royal Decree relating to payment of premiums for the insurance of Spanish emigrants and immigrants against death or total permanent invalidity consequent upon shipwreck. Dated 5 August 1920 [B.I.R.S., 1920, p. 484.—i.A., 1920, Sp. 6]. Royal Decree creating . . . a general service of employment exchanges and a service of statistics of the labour demand and supply. Dated 29 September 1920 [G.M., 1920, No. 275, p. 18.—L.S., 1920, Sp. 3]. Royal Order concerning the establishment of emigrants' insurance. . . Dated 11 December 1920 [B.I.R.S., 1921, p. 13.—L.S., 1920, Sp. 7]. Royal Decree relating to reorganisation of the Central Board of Home Colonisation and Repopulation. Dated 13 September 1924 [G.M., 16 September 1924]. Royal Decree creating a Directorate-General of Emigration, attached to the Ministry of Labour. . . . Dated 16 September 1924 [G.M., 1924, No. 264, p. 1429]. Royal Decree respecting the Institution of the Emigrants' Fund (Tesoro del Emigrante) and . . . the protection by the State of Spaniards who emigrate. Dated 16 September 1924 [G.M., No. 264, p. 1426.—L.S., 1924, Sp. 2]. R o y a l Decree t o a p p r o v e t h e consolidated t e x t of 1924 of t h e E m i g r a t i o n Act a n d R e g u l a t i o n s . Dated 20 D e c e m b e r 1924. Also t h e consolidated t e x t of the E m i g r a t i o n A c t , of t h e E m i g r a t i o n R e g u l a - 392 LIST OF LEGISLATIVE TEXTS tions, and supplementary provisions [G.M., 1925, No. 7, p. 214.— B.D.E., No. 1.—L.S., 1924, Sp. 2]. Ordinance relating to . . . the functioning of Emigrants'Information and Transport Offices. Dated 20 January 1925 [G.M., 1925, No. 23, p. 392.] Instructions to travelling inspectors. Dated 6 February 1925 [Publicaciones de la Dirección general de emigración, Serie A, Disposiciones legales, Madrid, 1925]. Royal Ordinance laying down regulations relating to annual licences . . . of agents authorised t o undertake the transport of emigrants. Dated 17 February 1925 [G.M., 1925, No. 56, p. 892]. Circular issued by the Directorate-General of Emigration to port inspectors : medical officers for emigration [B.D.E., 1925, p . 338]. Regulation to extend the principles laid down in the Legislative Decree of 29 March 1924 in relation to military service (recruitment and substitution). (Ch. X X : connection with the Emigration Act.) Dated 27 February 1925 [G.M., 6 March 1925]. Royal Ordinance to establish new rules in respect of the insurance of emigrants during their voyage oversea. Dated 21 October 1925 [B.D.E., 1925, No. 5, p. 550]. Instructions . . . ordering that, when vessels making the return journey touch at a Spanish port, medical officers for emigration who are on board shall continue the journey with the ship. Dated 3 December 1925 [B.D.E., 1925, No. 6, p. 788]. Royal Ordinance proroguing the system for granting assistance to emigrants established between the Liquidation Commission of the Official Insurance Committee and the Directorate-General of Emigration, until this service is considered to conform with section 70 of the Regulations. Dated 11 December 1925 [B.D.E., 1925, No. 6, p. 784]. Instructions . . . concerning the place at which medical officers for emigration shall embark. Dated 26 December 1925 [B.D.E., 1925, No. 6, p. 788]. Royal Ordinance relating to premiums to be paid in respect of insurance of emigrants. Dated 27 April 1926 [B.D.E., No. 7, p. 72]. Circular . . . . relating to conditions to be complied with by emigrant ships. Dated 8 June 1926 [B.D.E., No. 8, p. 246]. Circular . . . to interpret the foregoing. Dated 23 J u n e 1926 [idem]. Royal Ordinance laying down rules for the allocation of transport licences. Dated 5 July 1926 [B.D.E., No. 8, p . 241]. Royal Ordinance No. 1563, to abolish the Directorate-General of Emigration and to set up the General-Directorate of Social Action and Emigration. Dated 6 September 1927 [G.M., 13 September 1927]. Royal Decree No. 2117 relating to the protection to be afforded to emigrants by the State. Dated 9 December 1927 [G.M., No. 347,13 December 1927, p. 1551]. G.M. = Gaceta de Madrid. B.D.E. = Boletín de la Dirección general de Emigración. B.I.R.S. = Boletín del Instituto de Reformas Sociales. SWEDEN R o y a l O r d i n a n c e r e l a t i n g to t h e t r a n s p o r t of e m i g r a n t s . 4 June 1888 [S.F., No. 37]. A s amended by : Decree d a t e d 28 S e p t e m b e r 1893 [S.F., No. 83]. Decree dated 8 July 1904 [S.F., No. 43]. Dated LIST OF LEGISLATIVE TEXTS 393 Decree d a t e d 28 N o v e m b e r 1912 [S.F., No. 309]. Royal Circular respecting the supervision of operations of Emigration Agents and their employees. Dated 8 July 1904 [S.F., appendix, No. 28]. Royal Decree relating to agencies for employment abroad. Dated 5 May 1916 [S.F., No. 163]. Decree relating to passports for abroad. Dated 20 October 1916 [S.F., No. 501]. As amended by Decree dated 3 April 1925 [S.F., No. 72]. Act prohibiting certain persons with maintenance obligations from leaving the country. Dated 14 J u n e 1917 [S.F., No. 381]. As amended by the Act of 14 J u n e 1918 [S.F., No. 425], and the Act of 27 J u n e 1924 [S.F., No. 371]. Ordinance relating to military service. (Section 143 : emigrants.) Dated 23 September 1925 [S.F., No. 485]. S.F. = Svensk Författningssamling. The number indicated is that of the order of insertion of the text in the official journal. SWITZERLAND Article 34 of the Federal Constitution of the Swiss Confederation. Dated 29 May 1874. F e d e r a l Act r e l a t i n g t o t h e o p e r a t i o n s of e m i g r a t i o n a g e n c i e s . Dated 22 M a r c h 1888 [separate official publication]. Circular issued by the Federal Council, relating to the same matter. Dated 10 July 1888 [official publication]. Regulations for the application of the Federal Act of 22 March 1888 relating to the operations of emigration agencies. Dated 10 July 1888 [official publication]. Circular issued by the Federal Council to all Confederate States, regarding a supplement to the Federal Act relating to the operations of emigration agencies. Dated 12 February 1889 [official publication]. Order of the Federal Council to supplement the Regulations of 10 July 1888 for the application of the Federal Act of 22 March 1888 relating to the operations of emigration agencies. Dated 12 February 1889 [official publication]. Order of the Federal Council relating to the organisation of the Federal Emigration Office. Dated 31 December 1900 [R.L.F., Vol. X V I I I , p. 393]. Circular issued by the Federal Emigration Office to all emigration agents and passage-brokers. Dated 20 October 1916. Order of the Federal Council making the Emigration Office responsible for the supervision of the engagement and emigration of persons going abroad. Dated 17 May 1918 [Feuille Fédérale Suisse, 1918, Vol. I l l , p. 55]. Federal Order relating to assistance to Swiss nationals having become necessitous in a foreign country through no fault of their own. Dated 21 J u n e 1923 [R.L.F., Vol. X X X I X , p. 354]. Ordinance issued by the Federal Council in the same matter. Dated 3 December 1923 [R.L.F., Vol. X X X I X , p. 442]. Order of the Federal Council to amend the system of unemployment benefit. Dated 7 March 1924 [R.L.F., Vol. X L , p. 40]. R.L.F. = Recueil des lois fédérales. 394 LIST OF LEGISLATIVE TEXTS UNITED STATES Immigration Act of 5 February 1917 (section 12). Immigration Rules of 1 March 1927. (Rules 1, 3, 5 : transit.) [Immigration Laws and Rules of March 1917, published by the U.S. Department of Labour, Bureau of Immigration]. Philippine Islands Act No. 2486 on recruitment for abroad, as amended by Act No. 3148. Promulgated 5 February 1915. P o r t o Rico Act No. 19 for the regulation of emigration to Porto Rico. 29 May 1919 [Compilación de leyes obreras, 1922, p. 45]. Approved on VENEZUELA Aliens Act. (Section 13 : transit.) 1925, No. 15664, Año L U I ] . Dated 23 July 1925 [Gaceta ofica SUPPLEMENTS I.—New Polish Legislation A new Legislative Decree on Emigration, cancelling all contrary provisions on the matter, was promulgated by the President of the Polish Republic on 11 November 1927. This Decree, which became operative on 15 December 1927, completes and consolidates various Decrees and Orders issued in recent years in connection with emigration, immigration, and repatriation questions. Besides introducing a considerable number of amendments in the Polish legislative measures set forth in the present volume, the new text is an interesting example of consolidated emigration legislation. For this reason it has been thought advisable to give the following detailed survey of its provisions. For the purposes of the new Decree an emigrant is defined as any Polish national leaving or having left the territory of the Republic to seek work, take up a position or settle abroad, or to join his or her husband or wife, or near or distant relatives who have previously emigrated, and also any person leaving Poland or residing abroad with an emigrant who is a member of his family. This definition, however, does not apply to members of the diplomatic and consular services, persons leaving Poland on an official mission, scientific or other, artistes proceeding abroad to take part in performances, persons attending conferences and competitions held outside Poland, and, seasonal workers excepted, persons leaving Polish territory to engage in work of a occasional character. Moreover, the Polish Emigration Office is entitled to take under its protection all Polish citizens who, whatever be the reasons for their journey, travel to overseas countries in the steerage, second class or third class, or in an equivalent class on board ship. Again, emigrants of foreign nationality leaving Poland, or in transit in t h a t country, are entitled to assistance from the Polish emigration services on condition t h a t their departure or transit does not contravene the legislative provisions in force. I n virtue of the Decree, the Minister of Labour and Social Welfare, in agreement with the Minister of Foreign Affairs and on the proposal of the Emigration Office or, in certain cases, of the State Emigration Council, is empowered to order the temporary suspension or total or partial limitation of emigration towards certain specified countries, when such action is necessary to protect the life, liberty, and economic and moral interests of 396 NEW POLISH LEGISLATION emigrants. Where reasons of public interest so require it, a similar decision may be taken by the same Ministry in agreement with the Polish War Office. As regards restrictions on emigration, the Decree states t h a t women and girls under twenty-one years of age and boys under eighteen years of age may emigrate only when accompanied by their husband or their father or mother, their guaïdian or a brother or sister having attained their majority, or if they are going t o join any one of such persons and can produce a duly legalised document showing they have been invited to join such person. Nevertheless, the Emigration Office may in exceptional cases authorise the departure of women and juvenile emigrants who do not fulfil the above conditions. Emigrants' passports, which are issued free of charge by the competent authorities, are granted only to persons who have received from the Emigration Office or from an official employment office a certificate to the effect t h a t they fulfil the requisite conditions, and, in particular, t h a t Polish legislation is in no way opposed to their departure nor the legislation of the country of destination to their admission, and t h a t , save in cases where it can be shown t h a t their existence is assured a t their destination, they are not incapable of earning their living on account of age, illness, infirmity, etc. Propaganda in favour of emigration, and more especially the communication of written or oral information on the possibilities of emigration, which tends t o encourage emigration, are forbidden. Undertakings licensed by the Polish Government to transport emigrants are allowed to display only their address, the names of their ships, the routes covered and travelling conditions, while they m a y send prospectuses only t o persons interested and a t their definite request. Only persons and bodies specially authorised to do so by the Emigration Office are entitled, under supervision of the Office, to supply information on the suitability of foreign countries as outlets for emigration, or to advise persons desirous of emigrating and to facilitate their departure. Such authorisation may be granted only to representatives, duly recognised by the Polish Government, of employers whose undertakings are situated abroad, or t o emigrants' welfare institutions. The main lines of the administrative organisation of migration movements do not undergo any very radical changes. The various departments of the Emigration Office, which is directly responsible to the Minister of Labour and Social Welfare, have however been more clearly defined. Besides the Director, who is appointed by the President of the Republic, the emigration services include "local emigration bureaux" situated a t the principal frontier stations and inland collecting centres, inspectors and counsellors of emigration attached to the Polish High Commissioner a t Danzig, and to Polish embassies and consulates in the more important immigration countries. The appointment of such counsellors is made by the Minister of Foreign Affairs on nomination by the Minister of Labour, while the organs of the Ministry of Foreign Affairs are responsible for the execution abroad of measures concerning emigration. The State Emigration Council is attached to the Ministry of Labour in a consultative capacity, its composition and duties being but slightly affected by the new Decree. N E W POLISH LEGISLATION 397 In addition to emigration questions, the Emigration Office and the Emigration Council are competent t o deal with all matters relating to immigration and repatriation. A special section of the State budget is devoted to emigration, sums voted under this heading to be used : (a) to further the vocational training of emigrants and the distribution of information on conditions of labour and residence in the immigration countries ; (b) to carry out enquiries on countries offering good opportunities for emigration and settlement, and to publish the results of such enquiries ; (c) to grant subsidies in deserving cases to the families of emigrants remaining behind in Poland; (d) t o organise frontier stations ; (e) to cover the cost of employing persons appointed by the Ministry of Foreign Affairs in various capacities abroad to deal with emigration matters ; (f) to organise in immigration countries schools, scholarships, lecture rooms, popular institutes, lectures, and performances of an instructive and social character; (g) to provide education and maintenance within the territory of the Republic for children of emigrants particularly worthy of notice; (h) to provide subsidies for educational and social institutions and philanthropic organisations engaged in emigrant welfare work. A committee composed of the representatives of the different Ministries concerned, and presided over by the Director of the Emigration Office, is responsible for the supervision of the distribution and use made of the money earmarked for emigration purposes. As regards the transport of emigrants, the Decree states in the first place t h a t only undertakings which have been granted a special licence or "concession" have the right to undertake the transport of emigrants. Such licences are granted exclusively to : (a) Polish citizens who have attained their majority, who reside permanently in Poland, and who have never been deprived of their right to run an undertaking, or fined for infringement of the emigration laws or for fraudulent practice or speculation; (b) commercial companies of all sorts having their head office in Poland, provided always t h a t the partners or managers of such concerns are Polish citizens and fulfil the conditions stipulated in the preceding paragraph ; (c) foreigners and foreign companies whose representatives are recognised by the Polish Government and who fulfil the conditions stipulated in paragraph (a) in all questions relating to emigration. Before granting a licence, however, the Emigration Office makes sure t h a t the undertaking concerned possesses means of transport affording a maximum guarantee of hygiene and safety. Licences are granted only for a fixed period and for a definite country, and must contain an exact mention of the vessels and the ports used for embarking, landing, and, where necessary, transhipping emigrants. Licensed undertakings are required to maintain an office in Warsaw, and they may not open branch offices elsewhere without the permission of the 398 NEW POLISH LEGISLATION Emigration Office. They must make a deposit in respect of the head and branch offices, with a view to safeguarding the State and Polish citizens against any damage incurred through the fault of such office or offices, and to guarantee the fulfilment of the obligations contracted by them. The amount of such deposit is fixed by Decree. Undertakings may not employ Members of Parliament, civil or municipal servants, clergymen, proprietors or directors of banks, exchange offices, forwarding or information agencies, hotels, cafés or hostels, or near relatives of such persons, nor may they utilise the services of lawyers or physicians except in a professional capacity. They must furnish the Emigration Office with a complete list of their staff, and pledge themselves to pay all grades of their employees fixed rates of wages, which may not vary according to the sale of tickets, business turnover, etc. They are further obliged to enter all their business transactions in special registers, to keep their records intact for five years, and to submit them to the Emigration Office for inspection. Persons employed in any capacity whatsoever by licensed undertakings are liable to be dismissed at the demand of the Emigration Office. They may exercise their functions only on the premises of the undertaking employing them, while those responsible for escorting emigrants or receiving them in embarkation or landing ports must be able to speak Polish, possess identity cards, and wear conspicuous badges. When selling a passage ticket to a n emigrant, shipping agents are required to make sure t h a t the latter has an emigrant's passport, and to draw up a transport contract with him in triplicate, one copy being handed to the emigrant on payment of the ticket, another being forwarded to the Emigration Office. The exact terms of the transport contract are fixed by the regulations of the Office, but the Decree stipulates t h a t such documents must mention t h a t , a t the emigrant's request, all disputes arising from nonfulfilment of the contract must be submitted for arbitration to the Polish consulates abroad. The Decree further states t h a t the undertaking is obliged in all cases to transport the emigrant and his luggage from bis place of departure t o the destination mentioned in the contract, t o provide him with board and quarters during the voyage and stops en route, to furnish him with necessary medical assistance, t o cover the cost of his burial in case of his death during the voyage, and to insure him with a Polish insurance company against accidents and loss of luggage. On t h e other hand, undertakings are forbidden to demand personal services from the emigrant carried, or any supplement payments in excess of the transport rates properly so called, or to conclude a contract with him contrary to the regulations in force in the country of destination. Any clause of the contract tending to free the undertaking from any one of its obligations imposed by the legislation in force, or limiting their responsibility, is'automatically null and void. The rates charged by shipping companies and proposed changes in such rates must in all cases be submitted to the Emigration Office for approval. No change of rate is applicable to an emigrant who has concluded a transport contract prior t o the coming into operation of such change, unless the result should be a reduction in the cost of the passage ticket. The prices of tickets NEW POLISH LEGISLATION 399 must be displayed in a conspicuous place in the offices of the shipping companies, which are forbidden by the new Decree to grant reduced or free passages to groups or special classes of emigrants without special permission from the Emigration Office. The cost of the emigrant's board and lodgings during the eight days preceding the date of his departure as indicated in the contract, or from the date of his leaving the place where he was recruited by the company until the actual departure of the vessel, is borne by the shipping company concerned. If the Emigration Office is satisfied t h a t the emigrant is unable to start on his journey on account of illness or any other serious cause beyond his control, the shipping company is required to refund in loto all moneys received from such emigrant. If the emigrant fails to leave for any other reason, the shipping company shall make a similar refund with a deduction of 5 per cent., which is increased to 10 per cent, when the emigrant has merely paid instalments. If the emigrant breaks his journey, the refund does not include the money paid for the part of the journey accomplished. Where a person who has duly concluded a transport contract is refused permission to land at the port of destination for any reason whatsoever or is turned back during the voyage, the company is required not only to bring him back to his home free of charge, but also to refund all moneys paid by h i m in c o n n e c t i o n w i t h his passage. The same conditions apply in respect of members of an emigrant's family when the head of the family dies during the voyage, and when they, in consequence, are not allowed to enter the country of destination, or desire to return to Poland. In all the abovementioned cases the conditions of the return journey must be a t least as good as those of the outward voyage. If the departure of the vessel is delayed a t the port of embarkation for more t h a n seven days, the emigrant is entitled t o demand the cancellation of his contract and the refund of his money. Furthermore, and without prejudice to the emigrant's right to claim damages for such delay, the company is required to refund the emigrant the cost of his journey and maintenance from his place of residence to the port of embarkation and back, When, as the result of the vessel meeting with a n accident or being quarantined, the emigrant is forced to break his journey at an intermediary port, the cost of his board and lodgings is payable by the shipping company concerned. Finally, when, as the result of an accident, the vessel is unable to sail after fifteen days' delay, the company is required to see that the emigrant is conveyed, without any further charge, to his port of destination by another ship. All licensed undertakings must observe the regulations laid down by the Emigration Office in connection with the transport of emigrant groups and the direct or indirect routes to be followed. The Decree empowers the Polish consular and other authorities in home or foreign ports to inspect ships chartered to transport Polish emigrants, while the Emigration Office has a right to compel shipping companies to allow emigrants to embark only after they have passed a medical inspection and had their luggage disinfected. To facilitate the supervision of the observance of their obligations towards the emigrants, licensed companies are required to convey 400 NEW POLISH LEGISLATION free of charge the persons appointed by the Emigration Office to exercise this supervision, to pay such persons an allowance for each day's journey and for not less than fourteen days, and to meet the cost of their return journey by sea or land. The crew of ships carrying Polish emigrants must include an interpreter with a knowledge of Polish. The Polish diplomatic and consular representatives, emigration officers, and delegates of the Emigration Office are entitled to make enquiries concerning emigrants on board ships, to examine the actual conditions in which emigrants are transported, t o note emigrants' complaints, and to intervene in this respect with the port authorities, directors of shipping companies, and masters of emigrant vessels. At the demand of the Polish diplomatic or consular authorities abroad, licensed companies are required to transport free of charge or a t reduced rates, Polish citizens who are being repatriated on account of their indigent state, the proportion of such persons to be carried by each company being fixed by a special order. In principle, the Decree forbids all recruiting or propaganda work in favour of the establishment of emigrants abroad as settlers, but states t h a t the Minister of Labour may, in agreement with the Minister of Foreign Affairs, authorise operations of this sort for a certain fixed period, specifying the number of emigrants who may be recruited, and the moral, material, and hygienic conditions which must be guaranteed them during transport and in the country of destination. A special permit from the Emigration Office is also required for the collective recruiting of workers for abroad, and this permit must make precise mention of the country of destination, the trade, and the number of workers to be recruited, and of the district and the towns in which recruiting may take place. Furthermore, applications for a permit for collective recruiting must be approved by the competent authorities of the country of destination, in order to guarantee that no difficulties will arise in connection with the labour market of such country, and such methods of recruiting may be practised in Poland only through the medium of the public employment offices, in accordance with instructions issued by the Emigration Office. Every worker recruited for abroad must receive, before his departure, a contract of employment drawn up in Polish and in the language of his employer. This contract must indicate the name of the employer, the place and character of his undertaking, and give details concerning the identity of the worker and his place of residence, the work which he is required to perform, the length of his contract and the conditions under which the contract may be cancelled before its expiry, conditions of labour (hours of work, holidays, wages and other remuneration, etc.), the obligations of the employer in case of sickness, accident or death of the worker, conditions of transport t o the place of work and for the return journey to Poland. The contract must also contain a statement to the effect t h a t workers will not be engaged in undertakings affected by a strike or lockout, and t h a t they will have the benefit, so far as conditions of labour and wages are concerned, of equality of treatment with national workers of a corresponding category. Mention must also be made of the bodies which, when necessary, will be NEW POLISH LEGISLATION 401 required to settle any disputes which may arise between the employer and the worker. Contracts of employment must in each case be approved by the Emigration Office, and the bearer will benefit by reduced transport rates on Polish territory, in accordance with the administrative regulations framed for the enforcement of the Decree. Detailed penal provisions provide for fines and terms of imprisonment for persons who infringe the provisions summarised above, especially in cases of recruiting or propaganda operations of a speculative character, with or without fraudulent practice or false information, and in connection with the clandestine sale of passage tickets to emigrants. Contraventions of the emigration regulations are dealt with in the ordinary courts of law, but the emigration authorities are invested with special supervisory powers in this connection, and the Emigration Office has the right to appear against a person in legal actions taken in this connection. II.—Spain : Royal Decree Restricting Emigration A Royal Decree (No. 2117) dated 9 December 1927 introduces a number of restrictions on the emigration from Spain of certain classes of persons, and regulates the procedure t o be adopted for the repatriation of indigent emigrants a t the expense of the Emigration Fund. In virtue of the terms of the Decree, girls under twenty-five years of age, except when accompanied by their parents, grandparents, or a guardian, or when going to join persons into whose custody the law has given them, will not be allowed to emigrate unless they can produce satisfactory documentary evidence to the effect that, in the country to which they are proceeding, they will be in the care of relatives or other persons whose reputation is sufficient guarantee that the person in question runs no risk of falling into evil ways. Minors of the male sex, except when accompanied by, or going to join, their family, may not emigrate unless they can produce reliable documentary evidence that they have been asked to go abroad by someone who has pledged himself to see to the completion of their education, to ensure their getting the necessary vocational training, and to help them on their taking up a trade or employment. Adult males with no special aptitude for skilled work, and who must consequently be classified as labourers (simples braceros), may not emigrate to countries suffering from economic depression, unless they are in possession of a contract of employment guaranteeing them a living wage and normal conditions of labour. I n connection with repatriation, the Decree gives a list of the various classes of emigrants who, in future, wijl be eligible for the free collective repatriation facilities offered to Spanish emigrants who have fallen into indigent circumstances abroad. In future, the consuls or consular committees (juntas consulares), who are responsible for organising collective repatriation at the expense of the Emigration Fund, are required to grant such facilities for preference to nationals who have observed, not only the Spanish regulations relating to the departure from Spain, but also all obligations introduced by the national laws during their stay abroad (registration at the Spanish consulate in their place of residence, etc.), then, in the second place, to those who, while observing the various formalities, have subsequently neglected continuing to fulfil their obligations, and, in the third place, to those who, having complied with the regulations on leaving Spain, have failed to fulfil their obligations and to register at a SPAIN : ROYAL DECREE RESTRICTING EMIGRATION 403 consulate. Emigrants who have left Spain without obtaining the necessary papers and without complying with the legislation in force and in spite of such legislation may in no case be granted free repatriation facilities a t the expense of the Emigration Fund. Finally, a further section of the Decree states t h a t no emigrant who has been repatriated on account of poverty, and for whom t h e Emigration Fund has had t o make payments, is entitled to emigrate a second time during a period of three years unless he has previously refunded the amount of such payments. No. 3950.—Printer O F F I C E D E P U B L I C I T É (Ano. É t a b l . J . L E B È G U E & C l e ) , 7, impasse du Sureau, Brussels (Belgium).