INTERNATIONAL LABOUR OFFICE STUDIES AND REPORTS Series O (Migration) No. 3 MIGRATION LAWS AND TREATIES VOLUME I I Immigration Laws and Regulations GENEVA 1928 CONTENTS PAGE CHAPTER I : Immigration Legislation in General 1 CHAPTER II : Definition of an I m m i g r a n t 7 § 1. Definition of Various Terms Used § 2. Immigration Statistics 7 20 CHAPTER III : The Right to I m m i g r a t e and Restrictions on this Right § 1. The Various Legislative Restrictions (a) Numerical Restriction (b) Police Regulations, including those relating to Moral Character (c) Conditions of Transport during the Journey to the Country of Immigration (d) Regulations relating to Race, Religion, or Nationality. (e) Literacy Tests ff) Economic Condition of Immigrants (g) Conditions relating to Trade or Profession (h) Conditions relating to Age or Sex (i) Physical Conditions (j) Various Conditions § § § § 2. 3. 4. 5. Passports, Visas, and Special Documents Exceptional Measures and Individual Exemptions Legislation relating to Clandestine Immigration Special Legislation relating to Seamen Employment of Alien Seamen Landing of Alien Seamen on National Territory 28 28 32 45 46 61 64 76 88 92 105 105 119 130 136 137 139 CHAPTER IV : I m m i g r a t i o n Services § 1. Official Departments § 2. Private Societies and their Relations with the Departments 24 145 145 Official 172 VI CONTENTS PAGE CHAPTER V : Preliminary Assistance of the I m m i g r a n t § 1. The Supply of Information § 2. Training of Immigrants CHAPTER VI : Employment, Recruiting, and Placing of Alien Workers § § § § § 1. 2. 3. 4. 5. Employment of Alien Workers Recruiting Immigration and Employment Contracts Placing of Immigrants Assisted Immigration 174 174 181 185 185 201 213 230 234 CHAPTER VII : Regulations for Protecting the I m m i g r a n t in his Dealings with Transport and Other Agents 244 CHAPTER V I I I : The Arrival of I m m i g r a n t s 249 § § § § § 1. 2. 3. 4. 5. Examination upon Departure Examination on Landing Examination at the Land Frontier Special Regulations for Immigration by Air Procedure for Admission or Rejection : Appeal against Decisions § 6. Health Measures and Conditions § 7. Ports and Stations of Entry § 8. Entry Fees CHAPTER IX : The Transport of I m m i g r a n t s 250 255 272 276 277 283 286 289 292 § 1. Transport by Sea § 2. Transport Conditions on Land 292 301 CHAPTER X : Rejection and Repatriation 302 § 1. § 2. § 3. § 4. § 5. Rejection Compulsory Repatriation or Deportation Repatriation as a Result of Labour Contracts Assistance for Voluntary Repatriation Regulations for the Departure of Immigrants CHAPTER X I : The Treatment of I m m i g r a n t s by the Authorities of the I m m i g r a t i o n Country § § § § 1. 2. 3. 4. Advantages granted to Immigrants after Admission Land Settlement by Immigrants Distribution of Immigrants The Protection of Immigrants by the Authorities of the Immigration Country 302 311 329 335 337 340 340 351 374 380 CONTENTS VII PAGE § 5. § 6. § 7. § 8. Registration of Immigrants and Residence Permits Admission to Different Occupations The Naturalisation of Immigrants Obligations Imposed on Immigrants.—Special Regulations. 38Í) 411 415 422 CHAPTER X I I : Continental a n d F r o n t i e r Zone I m m i g r a t i o n . . 426 APPENDIX List of the Most Important Legislative Texts relating to Immigration. 431 SUPPLEMENT United States : Act modifying the Conditions for the Admission of Certain Classes of Immigrants (Relatives of Persons who have Immigrated) 485 CHAPTER I I M M I G R A T I O N L E G I S L A T I O N IN GENERAL In this second volume, which is devoted t o immigration legislation, the phenomena studied in Volume I from the point of view of the country of emigration will now be studied from the point of view of the country of destination. After consideration of general d a t a relating to the definition of the immigrant, the following are studied in turn : provisions limiting freedom of immigration, public and private organisations entrusted with the supervision or development of immigration, arrangements for the instruction and preparation of immigrants, the recruitment and employment of foreign workers, reception of immigrants, their protection during the journey and in the country which receives them, the position in which they are generally placed during their stay, and their repatriation. Moreover, a chapter is devoted to the special provisions governing continental immigration. I n order to facilitate reference, an endeavour has been made to frame these two volumes (dealing respectively with emigration and immigration) on parallel lines; this will explain certain inversions of the logical order, e.g. transport regulations are dealt with in Chapter I X , after the regulations governing admission which are considered in Chapter VIII, as they naturally correspond to the regulations concerning departure studied in the same chapter of Volume I. Although the order of contents has been preserved, similarity of arrangement is not complete throughout. I t will be seen t h a t interest is displaced from one subject to another; and in some cases regulations which are rare in relation to one aspect are very abundant in relation to the other. Moreover, special i 2 IMMIGRATION LEGISLATION I N GENERAL legislation governing one or other aspect of the problem is sometimes entirely absent. * * * Immigration legislation is no less complex and varied than that governing emigration, for conditions in general at the present time have given rise to an acute position, which has resulted in a very noticeable increase of restrictive regulation in the most diverse quarters. To begin with, certain oversea countries towards which, until recent years, the main volume both of Asiatic and of European emigration was directed have decided for various reasons to moderate the influx of strangers to their territory. This new policy has resulted from many different causes; but it is remarkable that almost all the elements of national populations contribute to influence the legislative authorities in that direction. At the outset, account must be taken of a former difficulty which is still making its effects felt—that of assimilating numerous foreigners whose arrival en masse has made it possible for them to preserve great national cohesion in the land which has received them, and thus to keep practically intact their native character, to the detriment of homogeneity with the new surroundings into which they are thrown. This phenomenon has given rise among the longer-established elements of a population to general uneasiness, which is intensified by certain circumstances. For example, the world war threw into sharp relief in all countries both national unity and the lacunas sometimes found to exist in it. As a result some countries fear that a current of immigration made up of elements too compact and too unlike their own to be properly absorbed may give rise in their midst to the same difficult minority problems which have arisen out of successive political disorders in certain parts of the Old World ; or that their national unity might be threatened by it. This patriotic sentiment is moreover supported by utilitarian arguments in favour of resisting the increase of immigration into such countries. After the world war, there was a noticeable drop in the economic position of European countries as compared IMMIGRATION LEGISLATION IN GENERAL 3 with t h a t existing in the principal countries of immigration, e.g. the United States and Australia. The classes of society most directly interested in maintaining the high economic level in these countries, i.e. the employers and the workers, came to regard as a danger immigration en masse from countries where the standard of living was very low. The opinion was held in these wealthy countries t h a t a high standard of living among the working classes ensures more regular and certain consumption of national products. This conviction encouraged employers to accept costly methods of production, employing few and highlypaid workers assisted by the most up-to-date machinery, rather t h a n to demand t h e introduction of multitudes of low-paid workers which would have resulted in debasing the general standard of living. Thus the interests of the workers were so far in harmony with those of the employers t h a t the workers' demand for the maintenance of high wages by restriction of immigration met with no intense opposition on the p a r t of the employers. Moreover, a scientific argument in support of the restrictive measures urged by the special interests above referred t o was supplied by economists, who gave definite shape to the idea of optimum population, and drew attention to the great disadvantage which would accrue to the general welfare should there be any noticeable deviation from the position of precise equilibrium. The primary motives were still further strengthened by considerations of a hygienic, eugenic, or moral nature. Scientists have repeatedly pointed out the dangers to racial vigour which are likely to arise from cross-breeding. Now, the mixture of populations leads inevitably to the mixture of blood, legislative provisions to the contrary notwithstanding—e.g. measures taken by a country t o prohibit mixed marriages within its territory. Again, it has been shown t h a t the assimilation by a country of foreigners belonging to races very diverse from its own may have deplorable effects upon the perpetuation of its national culture and ideals. Finally, social workers themselves have sent u p a cry of alarm, in terror of the increase of crime and the mental and physical blemishes which might arise from excessive and ill-selected immigration. These considerations have in many quarters produced an atmosphere hostile to foreign immigration, and such ideas have easily taken root in places 4 IMMIGRATION LEGISLATION IN GENERAL where the need of additional population is slight, and where in consequence the immediate advantages of closer settlement are less keenly felt. Moreover, the restrictive tendencies spontaneously manifested in countries of immigration have sometimes been complicated by defensive reactions provoked by the policy of countries of emigration whose nationals they habitually receive. Certain Governments have desired to keep in close touch with those of their nationals who emigrate, with a view to arranging for their return to their country of origin; these Governments have endeavoured to maintain direct authority over their emigrant nationals, and this attitude is regarded by certain countries of immigration as an interference with their rights. Moreover, it is noticeable t h a t the connection which exists between political problems and immigration problems has become much more marked during the last few years under the influence of circumstances already pointed out in the Preface and in the corresponding chapter of Volume I. The result has been t h a t the regulation of immigration has suffered the repercussion of political oscillations in general, and more especially the oscillations of national sentiment in each country. Side by side with t h e slowing-down of immigration for the purpose of settlement in countries which, although relatively thinly peopled, prefer to restrict the influx of foreigners rather t h a n risk the dangers of it, immigration for wage-earning employment will also be seen to have abated considerably. Almost all the European countries between which exchange of workers on any considerable scale used to take place are now opposed to the invasion of their national economy by an element of foreign workers. I n view of the superabundance of labour to be found on their national labour markets in comparison with present possibilities of employment, they regard the restriction of immigration both as a remedy for unemployment and as measure of protection for national workers. The entry of foreign workers is opposed expressly or in certain cases, or a t all events t h e recruitment and employment of such workers in the various branches of national activity is very closely supervised. Moreover, by reserving all available employment at home for their own nationals, Governments hope to reduce to a minimum the necessity for their going abroad in order to seek a livelihood, IMMIGRATION LEGISLATION IN GENERAL 5 especially as emigration becomes more and more difficult every day. Thus, the opulence of a country and a condition of economic unrest practically lead to the same result : the closing of frontiers. However, there are still countries whose general expansion is retarded b y the scantiness of their population, for they lack workers to cultivate the land, to extract the wealth t h a t lies beneath it, and to bring their industrial activity into full bearing. Such countries endeavour to increase the population of their lands in the most immediately effective manner—that is, by bringing in foreigners ; or, a t the least, they take active measures to seek in foreign countries those workers which the national population cannot supply for the time being. Accordingly, their legislation and administrative measures still tend towards attracting to the national territory foreigners in search of fresh opportunity by granting them various privileges : financial assistance with travelling expenses, grants of land and free or assisted installation thereon, high wages, generous legal protection for immigrants, etc. Such countries organise recruitment of labour abroad and endeavour to draw in their own direction the emigration currents which are seeking an outlet. Even in these countries, however, the present-day policy is not exclusively governed by the South American axiom of a hundred years ago : Gobernar es poblar. There is no longer any attempt to attract indiscriminate elements of population, no m a t t e r what or whence they come. The evolution through which their legislation has passed makes amply evident this new tendency, characteristic as it is of the present d a y : the transit from freedom to organisation. Each country seeks to adapt to its own needs and interests the contingents coming to it from abroad; it selects those elements which, by reason of their special skill, will fill gaps existing in the national labour supply, and those which, on account of racial characteristics, can best be assimilated to the national population. I n making this selection, which applies equally to immigrants coming in order to undertake work and those coming to settle in the country, each State endeavours t o follow as closely as possible the temporary fluctuations of its needs. Countries of immigration, however, have to face a similar policy of defence and propaganda organised by t h e countries of 6 IMMIGRATION LEGISLATION IN GENERAL emigration. Naturally the position occupied by the former gives them predominance in carrying out the programme; nevertheless, their action must necessarily be incomplete in a matter where two parties are involved. In order to arrive at a solution of the multiple problems which have arisen, countries of immigration have accordingly been obliged to have recourse to international agreement. In the present volume on immigration legislation, as in Volume I, it has been found necessary to make frequent references to Volume III ("International Treaties and Conventions"), which is devoted to agreements come to in these matters. DEFINITION OF VARIOUS TERMS USED 7 CHAPTER II DEFINITION OF AN IMMIGRANT § lv—Definition of Various Terms Used The legal definition of immigrant, which it would seem should correspond point for point in each country with that of an emigrant, will often be found to differ considerably in reality. The reason (as already pointed out à propos of the definition of an emigrant) is that these definitions are intended to determine in a practical manner the persons to whom the migration laws and regulations, or certain parts of them, shall apply; and further, that each country has not the same interest in respect of both these corresponding phenomena. Thus, to the essential conditions common to all of these definitions, such as that of leaving one country to settle in another, secondary factors may be added whose presence is explained by their utilitarian character. For this reason the same diversity is found in the definitions given below as has already been seen in definitions of the emigrant. Very noticeable variations sometimes appear even among the multiple definitions given by one and the same country, according to the text from which they are taken. In actual practice, the individuals coming under laws governing admission to a country s are not necessarily the same as those who may benefit, e.g. by certain advantages offered to immigrants under colonisation laws. Side by side with these definitions of the "immigrant", space has had to be found for several definitions of the "foreign worker". These definitions tend to draw a distinction between definite settlement in a country and the introduction of workers of which the country is momentarily in need. The substitution of this 8 DEFINITION OF AN IMMIGBANT term for "immigrant" reveals the intention to envisage exchanges of workers as an essentially economic phenomenon of a temporary and fluctuating nature, which must follow the curve of oscillation of the home labour market. However, in practice the foreign worker frequently becomes definitely an immigrant, a fact which is further emphasised in certain definitions to be referred t o later ; these expressly state t h a t the description "foreign worker" does not apply to foreigners established in the country for a certain fixed number of years. The laws governing admission analysed in the present volume frequently apply to "foreigners" in general; it has, however, been considered unnecessary in the present study to take account of the definition of this term contained in some of those laws. I n all countries the sense attached to the word is determined by the nationality laws of each. The most characteristic factors to be added to the essential condition (establishment on national territory of a person foreign t o the country) by which an immigrant is distinguished from an ordinary traveller are the following : (1) Period of residence.—This is a factor whose importance is evidenced by the numerous discussions of which it has been the object whenever an a t t e m p t has been made to arrive a t an international definition. Divergencies have arisen owing t o the fact t h a t certain countries see in immigration a means of peopling their territory; and accordingly these tend to reserve the advantages offered to immigrants by their legislative provisions for those individuals who come with the intention of settling permanently or a t least for a fairly long time (Argentina, Australia, Bolivia, Canada, Colombia, Cuba, Guatemala, Luxemburg (1921), Mexico, Panama, Paraguay, United States, Uruguay, Venezuela, etc.); whereas other countries merely regulate labour movements which are often of a purely temporary nature, and which they prefer should retain t h a t character. I t happens quite frequently t h a t the definition upon which immigration statistics are based takes account of the period of residence (cf. § 2 of the present chapter). 2. The employment factor.—Great importance is attached to this condition a t the present time, owing especially to the spread of temporary and seasonal migration of workers. Thus, in many DEFINITION OF VARIOUS TERMS USED 9 countries a person's intention to enter for the purpose of earning his living, even if only for a short time, is sufficient to constitute him an immigrant (Austria, France, the Serb-Croat-Slovene Kingdom, South Sea Islands, Venezuela). Some countries restrict the use of the term "immigrant" to workers in particular occupations, agriculture being most frequently specified (Argentina, Bolivia, Colombia, Guatemala, Panama, Paraguay, Surinam), or performing certain kinds of work, e.g. manual or physical labour (Mexico, Poland, Rumania). Again, certain occupational qualifications may be found to produce the reverse effect (Panama), and to exclude those possessing them from the category of immigrants (members of the liberal professions, commercial travellers, persons engaged in giving entertainments, etc.). I n some cases the term "immigrants" is only applied to persons introduced, either individually or collectively, under contract (French colonies, Panama, South Sea Islands, Surinam). 3. Transport conditions.—In certain countries only persons who travel in a particular class on ships and railways (e.g. second or third class : Argentina, Brazil, Uruguay; third class or steerage :. State of Bahia [Brazil], Newfoundland) are considered as immigrants. 4. Assisted passage.—In some cases only those persons introduced into the country at the expense of the State or of their future employer are considered as immigrants (Venezuela). 5. Declaration to be made by a newcomer.—In order to benefit by advantages offered to immigrants, a newcomer is sometimes required t o make a declaration of his intention t o settle in t h e country (Honduras). 6. Race or nationality.—In certain colonial countries a distinction is drawn between "foreigners" and "immigrants", in the sense t h a t only persons belonging to coloured races, introduced for the purposes of manual work, are regarded as immigrants. These come under special regulations (French colonies : Establishments in Oceania, Guadeloupe, Guiana, Indo-China, Madagascar, Reunion; British colonies : Brunei, Federated Malay States, Fiji, Jamaica, Non-Federated Malay States, Straits Settlements). 7. Production of certain documents.—The legislation of certain countries defines as immigrants all foreigners arriving upon national territory who are in possession of a special identity 10 DEFINITION OF AN IMMIGRANT card issued by the consular service of the State in question (Mexico, etc.). 8. First arrival.—In a certain number of definitions it is specified that the term "immigrant" shall only apply to foreigners arriving in the country for the first time (Paraguay); or at least that persons already established in the country and returning after a short absence are not considered as such (British colonies of Bahama and Bermuda, Canada, Mexico, Panama, United States). Many other countries, without expressly mentioning the fact in their definition of an immigrant, exclude established foreigners from the scope of immigration regulations. 9. It is sometimes stipulated as an essential condition for persons to be considered as immigrants that they shall have arrived from an oversea country or shall have entered the country of immigration at certain determined frontier stations (Argentina, Bermuda, Newfoundland). 10. Negative conditions.—The legislation of certain countries (Bermuda, Canada, United States), instead of laying down a positive definition of an immigrant, defines special categories of individuals not considered as immigrants. Others append to a positive definition a list of the categories of persons to whom the definition does not apply (Germany, Mexico, Panama). Exemptions from the provisions of immigration laws are besides frequently indicated in legislative texts without any reference to the definition of an immigrant; this is again referred to in Chapter III. 11. Special conditions of admission exist in some countries— e.g. maximum and minimum age limits between which an individual may immigrate (Argentina, Bolivia, Colombia, Cuba, State of Bahia [Brazil], Panama). Again, the newcomer's civil condition may influence his admission either to the country or to the group of persons defined as immigrants and enjoying certain advantages in virtue of that status. Such special conditions are sometimes expressly laid down in the definition of an immigrant. 12. The members of an immigrant's family are often themselves considered as immigrants: if they accompany an admissible immigrant, or are going to join an immigrant already admitted (Austria, Mexico, Rumania, etc.). The definitions established, however, do not always make reference to this fact. DEFINITION OF VARIOUS TERMS USED 11 BRITISH MANDATED TERRITORIES : Palestine.—Immigration Ordinance No. 32 of 1925, section 2, prescribes that the term "immigrant" means a person who, being neither a Palestinian citizen nor a permanent resident, nor a traveller, desires to enter Palestine for the purpose of residing there. Tanganyika. — By the Immigration Ordinance No. 16 of 1924, section 2, (1), an immigrant is defined as a person who enters the Territory from a place outside the Territory, whether for the first or at any subsequent time. This Ordinance does not apply to Government officials, members of His Majesty's naval, military or air forces, any person duly accredited as a consul or vice-consul in the Territory, an immigrant who on a previous occasion has been declared not to be a prohibited immigrant, persons born or domiciled within the Territory, and any other classes of persons who may be exempted by regulation (section 7). J A P A N E S E MANDATED TERRITORY: South Sea Islands.— For the purposes of Ordinance No. 4 of 1918 concerning recruitment abroad, the term "worker-immigrants" means workers recruited collectively outside the islands in groups of not less than ten persons in order to undertake work in the Territory. It does riot include workers engaged by the Government (sections 1 and 2 of the Ordinance). ARGENTINA.—According to the terms of section 12 of the Immigration and Colonisation Act No. 817, dated 18 October 1876, an immigrant is "any foreigner, labourer, handicraftsman, industrial worker, agriculturist or professor, less than sixty years of age, and able to afford proofs of his morality and skill, who goes to the Argentine Republic either by sailing ship or steamer in order to settle there, whether he pays his own secondclass or third-class passage, or travels at the expense of the nation, or of a province, or of a private undertaking interested in immigration and colonisation". AUSTRALIA.—In reply to the 1921 questionnaire, the Australian Government stated that an immigrant was "a person arriving in Australia to settle, excluding tourists". For statistical purposes, "immigrants intending permanent residence" are defined as persons arriving from some other country who intend to reside in Australia for a year or more" l . AUSTRIA.—There is no legal definition of the term "immigrant" ; but the Austrian Migration Office pointed out in a communication addressed to the International Labour Office in November 1926 that, in practice, any foreigners entering Austrian territory to take up permanent residence, or who, even without the intention to take up permanent residence, come for the purpose of earning their living (as in the case of seasonal agricultural workers), and also members of their families who accompany them or come to join them, are considered as immigrants. BOLIVIA.—According to section 1 of the Free Immigration Regulations of 18 March 1907, confirmed by the Immigration Act of 20 January 1927, any foreign agricultural or industrial worker or handicraftsman less than sixty years of age, who can afford proofs of his morality and skill and who intends to settle on Bolivian territory, is considered as an immigrant. BRAZIL.—The Federal Decree No. 16761 of 31 December 1924 prohibits the entry of foreigners in certain circumstances, and in the Instructions 1 Communication received from the Commonwealth Government, 26 March 1925. 12 DEFINITION OF AN IMMIGRANT concerning transport of immigrants, issued on 30 June 1925, for the application of the said Decree, immigrants are defined as follows : "Passengers travelling in second-class, third-class, OT intermediate accommodation shall be considered as such." Most of the Brazilian States have adopted the Federal definition. As * regards the State of Bahia, however, section 51 of the Regulations for the application of the immigration and Colonisation Act No. 1729, explaining section 1 of that Act, lays down that for the purposes of the said Regulations, "all foreigners of white race, less than sixty years of age, whether alone or forming part of a family, who can afford proofs of their morality and skill and who travel as third-class passengers for the purposes of settling in the State either wholly or partially at their own expense, or at the expense of the Federal Government, the State, or a municipality, or of a private undertaking interested in agriculture or colonisation" shall be considered as immigrants. The same Regulations distinguish five categories of immigrants : (a) Immigrants who have come voluntarily, at their own expense; (b) Those who have come in virtue of a contract entered into directly with the State ; (c) Those who have come through the intermediary of the Federal Government to work upon lands allocated by the State; (d) Those who have come through the same intermediary, and in respect of whom the State contributes 25 per cent, of the purchase price of land taken up ; (e) Those who have come through the intermediary of private individuals or of railway or'colonisation undertakings. Moreover, nationals of this or other Brazilian States desiring to settle under the system laid down by these Regulations are assimilated to immigrants for the purposes of the advantages accorded by the law. CANADA.—As defined by section 2, (g), of the Immigration Act, 19101924, an "immigrant" means a person who enters Canada with the intention of acquiring Canadian domicile. For the purposes of the Act every person entering Canada is presumed to be an immigrant unless belonging to one of the following classes : (1) Canadian citizens and persons having Canadian domicile; (2) Diplomatic and consular officials and all accredited representatives of Governments ; (3) Officers and men, with their wives and families, belonging to or connected with the British naval and military forces; (4) Tourists and travellers; (5) Students entering Canada for the purpose of attendance and while in actual attendance at any university or college or school ; (6) Members of dramatic, artistic, athletic, or spectacular organisations entering Canada temporarily for the purpose of giving public performances, actors, artists, lecturers, priests and ministers of religion, authors, lawyers, physicians, professors of colleges, accredited representatives of international trade unions, and commercial travellers entering Canada for the temporary exercise of • their respective callings; (7) Holders of a permit to enter Canada in force for the time being, signed by the Minister or by some person duly authorised. COLOMBIA.—The Immigration and Colonisation Act of 30 December 1922 lays down that, for the purposes of the said Act, all foreigners, labourers, handicraftsmen, industrial workers, agriculturists, or specialists in any other occupation or professors who are less than sixty years of age, whose moral character and attainments are satisfactory, and who land on the territory of the Republic for the purpose of settling there are considered as DEFINITION OF VARIOUS TEKMS USED 13 immigrants. Persons to whom the above description applies but who do not wish to take advantage of the privileges accorded to immigrants must say so when the vessel is inspected upon arrival ; they will then be regarded as ordinary travellers, without prejudice to their right to acquire domicile in Colombia (sections 8 and 9). CUBA.—Section 24 of the Regulations of 20 August 1910 lays down that an "immigrant settler" eligible to benefit by the advantages specified in those Regulations is any foreign agricultural or industrial worker or handicraftsman, married, and not more than fifty-five years of age, who can give satisfactory proofs of his moral character and skill, and who undertakes, in the presence of an immigration agent of the Republic of Cuba in a foreign country, to migrate to Cuba accompanied by his family, his passage being paid by the Cuban Government, by a public corporation, by a private undertaking or by himself, for the purpose of settling, in accordance with laws in force, in a State settlement or a settlement belonging to a public corporation or in private ownership. CZECHOSLOVAKIA.—For statistical purposes, immigrants are persons coming to Czechoslovakia, either with no intention of returning or for the purpose of seeking employment in seasonal work l . FRANCE.—The Decree of 25 October 1924 and that of 9 September 1925 both contain special provisions for the registration of "foreign workers". In the General Instructions of 25 December 1924 for the application of the first of these Decrees, the term "foreign worker" is defined as follows : "By foreign worker shall be understood any person of foreign nationality who comes to France in order to take up paid work. Nevertheless, household servants, chauffeurs of private vehicles, housekeepers and governesses shall not benefit by facilities offered to workers and shall be regarded as ordinary foreigners." It should be added that, in accordance with the Instructions of 31 December 1926, the residence cards (cartes de séjour) of foreigners undertaking paid work in France must bear a note to that effect. Such note takes one of three forms : "agricultural worker", "industrial worker", or "worker" without further description. The last is used for cards handed to workers in any occupation whose remuneration exceeds 18,000 francs annually. The Act for the protection of the national labour market, dated 11 August 1926, is also concerned with "foreign workers", whose employment is regulated by it. According to a Circular issued by the Minister of Labour on 5 February 1927 for the application of the said Act, the term "foreign worker" must be taken in a very wide sense. " I t includes all wage-earning foreigners, that is, all who have a contract of employment or who hire their services to others for gain, irrespective of the amount of their earnings or the manner in which these are paid. For the purposes of the Act, not only industrial, commercial and agricultural workers and employees are considered as workers, but higher-grade employees, engineers, departmental managers, etc., and artistes, musicians, and other persons who, whatever the nature of their service, are bound to an employer by a contract of employment are considered to be included." Colonies.—For the purpose of application of immigration regulations in the Establishments in Oceania, Guadaloupe, Guiana, Madagascar, Mayotte, Nossi-Bé, and Reunion, workers of African, Asiatic, or Oceanic origin recruited and introduced into the colony with the permission of the Governor, 1 Communication dated 11 Jan. 1926 received by the International Labour Office from the Czechoslovak State Statistical Office. 14 DEFINITION OF AN IMMIGRANT under the system instituted by the Decree of 27 March 1852 and subsequent Regulations, are considered as immigrants. I n the Establishments in Oceania, Madagascar, Mayotte, and Nossi-Bé all other workers, of whatever country of origin or nationality, may be placed under the same system by special engagement. In Guadeloupe, Guiana, and Reunion, all other workers, whatever their country of origin or nationality, come under the principles of common law for the regulation of hire of services in France. Children born in the said colonies of immigrant parents, or who have been taken there with them, are also considered as immigrants. However, at the age of twenty-one years, such children are entitled to apply for recognition as French subjects, on condition that they renounce all right to repatriation. They are then assimilated in all respects to natives of the colony. According to the legislative texts cited above, persons who have hired their services for a period and under conditions determined by a contract freely entered into in their country of origin or in the colony are considered as "engaged immigrants". (Establishments in Oceania : Decree of 24 February 1920, section 3 ; Madagascar : Decree of 6 May 1903, section 3 ; Mayotte and Nossi-Bê : Decree of 2 October 1885, section 3 ; Guadaloupe : Decree of 30 June 1890; Guiana: Decree of 13 June 1887, section 181; Reunion : Decrees of 30 March 1881 and 27 June 1887.) I n Cochin-China the Workers' Immigration Regulations apply, according to the Decree of 27 October 1922, to Asiatic foreigners or persons assimilated to them who are defined as follows .- "The following are considered as Asiatic foreigners or persons assimilated to them : (a) subjects of powers over whom France exercises a right of extra-territoriality in virtue of existing treaties ; (b) subjects or nationals of foreign powers who are persons of Asiatic origin." GERMANY.—In accordance with section 2 of the Order dated 2 January 1923 for the application of the Regulations governing the engagement and employment of alien workers, persons other than German nationals, who are workers within the meaning of section 11 of the Works Councils Act, are deemed to be alien workers—that is to say, "persons who work for wages on the account of another, or who are employed as apprentices, excluding salaried workers". However, according to the afore-mentioned Order and the amending Order of 16 March, the following are not deemed to be alien workers for the purposes thereof : (a) alien workers employed in seafaring or inland navigation; (b) those who possess a certificate of exemption (Befreiungschein) issued to them, on the basis of information supplied by the local police authorities, by the German Central Office for Workers (Deutsche Arbeiterzentrale) or by an office indicated by each State, i.e. alien agricultural workers who have been regularly engaged in German agriculture at least since 1 January 1913 ; alien workers other t h a n those engaged in agriculture who have been regularly engaged in German nonagricultural undertakings at least since 1 January 1919; alien workers other than those engaged in agriculture who on 1 July 1914 had been engaged in Germany for at least one year in a non-agricultural undertaking and who returned without delay to their old employment as soon as restrictions resulting from the war were removed; alien workers who, on 1 January 1919, weTe already settled in the country but had not yet reached the age of fourteen years; women workers who, owing to marriage with an alien, have lost their German nationality; and, finally, aliens for whom the application of the Act would constitute .a considerable hardship. I n the latter instance, it is necessary to obtain the consent of the highest administrative authority in the German States (Länder) ; since the passing of the Act of 16 July 1927, the competent authority is the State Labour Office (Landesarbeitsamt) concerned. G R E A T B R I T A I N : Colonies.—Bahama Islands. The Immigrants Act, No. 17 of 1920 (section 2), defines an immigrant as "any person who is DEFINITION OF VARIOUS TERMS USED • 15 not a native of the Colony or the husband, wife, or child under sixteen years of age, of such native; except those persons (including wives and children under sixteen) who have continuously resided in the Colony for at least three years, persons in transit, or rescued persons in receipt of care and relief." Bermuda. The Immigration Act, No. 58 of 1902 (section 1), amended by the Immigration Act, No. 11 of 1920 (section 7), defines an immigrant as any passenger (i.e. a person above the age of one year conveyed to the Islands by a ship, with the intention of landing) who has complied with the provisions of the Immigration Acts and been permitted to land. Returning natives, persons who have resided in the Colony for upwards of three years and are returning after an absence of two years, persons rescued from a ship, persons brought to the Islands at the expense of the British Government, first-class passengers and certain second-class passengers are not affected by these rules. The laws of the colonies relating to the immigration of alien workers define specifically the different classes of workers to whom the laws refer. I n British Guiana the Immigration Ordinance, No. 18 of 1891 (section 2). defines an immigrant as a person introduced into the Colony either wholly or in part at the expense of the Immigration Fund. In Jamaica an immigrant. is defined as any person introduced into the Island under any Immigration Law, who has not completed a continuous residence of ten years and during that time has become entitled to a certificate of industrial service (Immigration Law, No. 23 of 1879, section 3, as amended by No. 1 of 1881, section 1, (1), and No. 3 of 1883, section 9). An "Indian immigrant" is defined as " a n Asiatic native of British India or of an Indian State adjoining the Madras Presidency, and every Asiatic of Indian descent is deemed to be a native of British India OT of such Indian State until the contrary is proved", in the laws of the following colonies : Brunei (Borneo) : Indian Immigration Enactment, No. 1 of 1924, section 11. Federated Malay Stales : Labour Code, No. 18 of 1923, section 34. Unfederated Malay States : Johore : Labour Code, No. 10 of 1924, section 34 ; Kedah : Indian Immigration Enactment, No. 8 of 1328 1 , section 2 ; Kelantan : Indian Immigration Enactment, No. 18 of 1910, section 2 ; Perlis : Indian Immigration Enactment, No. 2 of 1329 1 , section 2 ; Straits Settlements: Labour Code, No. 14 of 1923, section 72. In Fiji, according to the Indian Immigrants Ordinance, No. 7 of 1924, section 2, an "Indian immigrant" is any person of Indian parentage who has been introduced into the Colony under the provisions of any previous Indian Immigration Ordinance. An "Indian immigrant" in Jamaica means any immigrant from any of the British possessions in the East Indies. A "Chinese immigrant" is defined by the Labour Code, 1923 (section 15), of the Federated Malay States as a native of China (not being a first-class or second-class passenger or a person on the articles of the ship) travelling by sea to, or who has within one year arrived by sea at, any port of the Federated Malay States from China. A similar provision is contained in the laws of the Non-Federated Malay State of Johore (Labour Code, No. 10 of 1924, section 15) and of the Straits Settlements (Labour Code, No. 14 of 1923, section 56). The Labour Code, 1923, of the Federated Malay Stales contains a further definition—that of an "indebted immigrant", i.e. an immigrant found to be indebted for passage money and advances, whether he has before his arrival entered into an engagement to labour or not. 1 Mohammedan era. 16 DEFINITION OF AN IMMIGRANT GUATEMALA.—For the purposes of the Immigration Act of 30 April 1909, immigrants include all foreigners, labourers, industrial workers, agriculturists, or other specialised workers, whose moral character and skill are satisfactory and who come to Guatemala for the purpose of settling there (section 1). HONDURAS.—The Act of 8 February 1906 defines an immigrant as any foreigner who, before making the journey to the Republic, declares in the presence of an agent of the Honduras Government or a consul his willingness to fulfil the duties and to accept the advantages provided for by the Act (section 5). Immigrants are grouped by the said Act in three classes : (a) Immigrants not in possession of a contract, who come to seek work in the country, (b) Immigrants who have entered into a contract with the Government ; (c) Immigrants who have entered into a contract with a private individual or colonisation society or any undertaking (section 6). L U X E M B U R G . — I n reply to the 1921 questionnaire, the Luxemburg Government stated that in practice the term "immigrants" includes "persons of foreign nationality who come to the Grand Duchy for the purpose of settling there". § 1 of Chapter VI gives further information regarding the field of application of the Regulations for the employment of alien workers. MEXICO.—For the purposes of the Migration Act of 12 March 1926, the term "immigrant" is considered to include "any alien who comes to Mexico with the express intention of remaining there for a legitimate object or reason and for an uninterrupted period of not less than six months". The same Act defines "immigrant-workers" as "all aliens who come to the Republic to engage temporarily or permanently in manual labour for wages or daily pay". The Act also distinguishes settlers, i.e. "aliens who come to the country with the intention of settling in a particular district in order to undertake agricultural or industrial work there on their own account". Members of the family of an "immigrant-worker" or of a settler are regarded as immigrants. The Act further distinguishes as tourists persons who visit Mexico for their own pleasure and those who will not remain on the national territory for more t h a n six months. Aliens visiting Mexico for commercial, industrial, .scientific, artistic, or family affairs, providing that their stay does not exceed six months, are assimilated to tourists. Together with tourists, the following are excepted from the category of immigrants : duly accredited diplomatic and consular agents ; persons a t the head of official missions and their staffs; aliens, established in the country, seeking readmission after an absence of less than six months ; persons having entered the country illegally ; aliens domiciled in States adjacent to the frontiers of the United States of Mexico—i.e. in the United States of America, Guatemala, or British Honduras, and who enter Mexican territory for a legitimate purpose and with the permission of the migration services (sections 26 and 27). NETHERLANDS : Surinam.—The Ordinance of 19 March 1863 considers as a n immigrant any person who leaves his country of origin or residence for the purpose of undertaking in Surinam, in accordance with a contract, and for a fixed number of years, either agricultural or industrial work for the account of a third party. Dutch Indies.—The Royal Decree, No. 32 of 1915, relating to admission, and amending Decrees apply to Dutch nationals being the children of parents domiciled in the Dutch Indies or being themselves domiciled there, as well as to aliens who are not domiciled in the Dutch Indies (section 1 of the DEFINITION OF VARIOUS TERMS USED 17 above-mentioned Decree). These provisions do not apply to "Oriental" alien workers, who are placed upon the same footing as natives when they are recruited abroad on the initiative of the Government, upon the basis of a contract concluded in conformity with the Coolie Ordinances which then become applicable to them. (Regulations relating to admission, of 29 November 1917; I. S., 1917, No. 694.) I n order to understand this distinction reference should be made to the Act relating to the administration of the Dutch Indies, dated 13 July 1925, section 163 of which contains the following : Section 163.—(a) In cases where the provisions of the present Act, or of General or other Ordinances, of Police or other Regulations, and of administrative provisions establish a distinction between Europeans, natives, and Oriental aliens, they are to be applied in accordance with the following rules; (b) Provisions relating to Europeans shall apply to ; (1) All Dutch nationals; (2) All persons of European origin not coming under class 1 above ; (3) All Japanese and all persons coming from another country, and not coming under classes (1) and (2) above, who in their own country would come under laws relating to persons (familierechtJ based in general upon the same principles as the Dutch law ; (4) Legitimate children or children legally recognised, born in the Dutch Indies, and other descendants of persons coming under classes (2) and (3). (c) Provisions relating to natives shall apply to all persons belonging to the native population of the Dutch Indies and who have not passed into any other group of the population, as well as to all persons who, having previously belonged to a group of the population other than the native group, have become incorporated with the native population; however, these provisions shall not apply to native Christians, whose legal position shall be regulated by Ordinance. (d) Provisions relating to Oriental aliens shall apply to all persons not included under the terms of paragraphs (b) and (c) of the present section, with the exception of Christians, whose legal position shall be regulated by Ordinance. (ej The Governor-General is empowered, in agreement with the Council of the Dutch Indies, to declare the provisions relating to Europeans applicable to persons who do not normally come under them. Such declaration shall of course also apply to legitimate or legally recognised children born subsequently, and to other descendants of the interested party. (f) Any person is entitled to obtain a judicial decision as to the category to which he belongs. ç N E W F O U N D L A N D .—In Chapter 77 of the Consolidated Statutes of Newfoundland, 1916 (section 8, (1)), an immigrant is defined as " a n alien steerage passenger who is to be landed in the Colony". The term does not include a passenger who can show that he desires to land in the Colony only for the purpose of proceeding within a reasonable time to some destination out of the Colony, or any passenger holding a prepaid through ticket to some destination out of the Colony, if the master or owner of the ship in which he is brought gives security that he will not remain in the Colony. The Act of 1926 (Chapter 29 of 1926) states that the term "immigrant", in addition to the above meaning, includefeany passenger or other person on board any vessel arriving in the Colony. Chapter 79 of the Consolidated Statutes, 1916, entitled "Of the Immigration of Chinese Persons", defines a Chinese immigrant as "any person of Chinese origin (including any person whose father was of Chinese origin) 2 18 DEFINITION OF AN IMMIGRANT entering this Colony and not entitled to the privilege of exemption provided for by section 1 of this Chapter" (cf. Chapter VIII, § 3). PANAMA.—For the purposes of Act No. 32 for the development of " immigration and agricultural colonisation, dated 7 March 1919, all persons less than fifty years of age, accompanied by their families or unmarried, proving themselves to be skilled agriculturists and coming to settle on the territory of the Republic, are deemed to be immigrants (section 2). Decree No. 45 relating to p>assports and admission, dated 19 August 1925, regards as immigrants "all who come to the Republic with the intention of settling there, either on their own account or in the service of an individual or of a company, or under contract to the Panama Government". For the purposes of this Decree the following are not considered as immigrants : (a) persons who come to the country with the intention of exercising a liberal profession; (b) persons who come, having private resources which enable them to live without working ; (c) persons who prove that they have previously been domiciled in Panama during more than five years, and t h a t they were of good conduct during their stay (section 4). In accordance with Resolution No. 159, dated 7 October 1925, interpreting the definition given in Decree No. 45 of 1925, the term immigrants is to include, for the purposes of the Act No. 55 of 1925, persons coming from foreign countries in possession of an engagement concluded with an undertaking in the country, to work either as mere labourers or as wage-earners engaged for office work or some other employment of a similar nature, notwithstanding the class of accommodation in which such persons have travelled. PARAGUAY.—Decree No. 20173 dated 24 February 1925 lays down that for the purpose of applying the provisions of Act No. 691 (which amends the basic Immigration Act of 1903, by imposing new conditions for admission) persons arriving in the country for the first time with the intention of settling there, and who furnish the required documentary evidence of their satisfactory moral character and of their skill as agriculturists, industrial workers, or workers engaged in some other trade, are deemed t o be immigrants entitled to the immunities and advantages provided for by the immigration and colonisation laws and by treaties and conventions concluded with the nations to which they belong (section 1). It should be noted that, according to section 13 of this Decree, the documents required in the case of first-class passengers are fewer than in the case of second-class and third-class passengers, who are required to produce proof of their skill as workers. This implicitly introduces into the definition an element concerned with transport conditions, which is not, however, explicitly stated in the text. POLAND.—According to the reply received from the Polish Government to the questionnaire circulated in 1921 by the International Labour Office, the term "immigrant" is considered in Poland to mean any person other t h a n a citizen of the Polish Republic by birth who comes to Poland for the purpose of earning his living by physical labour. R U M A N I A . — F o r the purposes of the Migration Act of 11 April 1925 the term "immigrant" is considered to include : (a) any person who leaves his country of origin to settle in Rumania under the conditions and for the purposes indicated in the definition of an emigrant 1 ; (b) any manual worker coming from any European State to work in the country; (c) the members of an immigrant's family who accompany him or are sent for by 1 Cf. Vol. I, Chapter II, § 1, p. 2Ç. DEFINITION OF VARIOUS TEEMS USED 19 him, i.e. wife or husband and children under age, father, mother, and dependent grandchildren. The following are not deemed to be immigrants : (a) diplomatic and consular officials and persons accompanying them ; also persons sent on official,scientific, financial,etc., missions; (b) persons travelling for reasons of health or for pleasure ; (c) students or persons who visit various countries for the purpose of specialising in their professions; (d) artists, athletes, persons attending conferences or competitions, lecturers, ministers of religion, authors, jurists, professors, and tourists; (e) commercial travellers and representatives of commercial firms, provided that they show t h a t they have been connected for a certain time with the firm for which they work or which they represent; (f) persons entering Rumania under an administrative or police permit valid for one month, which may be prolonged by the administrative or police authority for not more than two months. At the end of one or three months, as the case may be, the holder of such permit will, if he is an agricultural or industrial worker, be deemed to be an immigrant and as such will have to comply with the provisions of the Immigration Act (section 5). SERB-CROAT-SLOVENE KINGDOM—The Regulations for the application of the Workers' Protection Act, which limit the employment of alien workers, lay down that the term "alien workers" shall be taken to mean all manual and intellectual workers, irrespective of their sex, the nature of their employment, and the amount of their remuneration, who enter the Kingdom in order to place their physical or intellectual powers at the service of another, for remuneration or for purposes of training, unless the said service is not of a public character. (Regulations dated 24 November 1925, section 2.) U N I T E D STATES.—In general, immigration laws (such as the Act of 1917) apply to all aliens arriving in the United States. For statistical purposes, an "immigrant alien" is defined as an arriving alien whose permanent domicile (one year or more) has been outside the United States and who intends to reside permanently (one year or more) in the United States. On the other hand, under the Immigration Act, 1924, which sets up the quota system, a special series of definitions is given for the purposes of that Act. The term "immigrant" means any alien departing from any place outside the United States destined for the United States except : (1) a Government official, his family, attendants, servants and employees; (2) an alien visiting the United States temporarily as a tourist or for business or pleasure; (3) an alien in continuous transit through the United States; (4) an alien lawfully admitted to the United States who later goes in transit from one part of the United States to another through foreign contiguous territory ; (5) a bona fide alien seaman serving as such on a vessel arriving at a port of the United States and seeking t o enter the United States temporarily solely in the pursuit of his calling as a seaman ; and (6) an alien entitled to enter the United States solely to carry on trade under a treaty of commerce and navigation (section 3). Immigrants are, for quota purposes, further subdivided into quota immigrants and non-quota immigrants. "Non-quota immigrant" means : (a) an immigrant who is the unmarried child under eighteen years of age, or the wife, of a citizen of the United States actually residing in that country; (b) an immigrant previously lawfully admitted to the United States who is returning from a temporary visit abroad; (c) an immigrant who was bom in the Dominion of Canada, Newfoundland, the Republic of Mexico, the Republic of Cuba, the Republic of Haiti, the Dominican Republic, the Canal Zone, or an independent country of Central or South America, and his wife and his unmarried children 20 DEFINITION OF AN IMMIGRANT under eighteen years of age, if accompanying or following him to join him; (d) an immigrant who continuously for a t least two years immediately preceding the time of his application for admission to the United States has been, and who seeks t o enter the United States solely for the purpose of, carrying on the vocation of minister of any religious denomination, or professor of a college, academy, seminary, or university, and his wife and his unmarried children under eighteen years of age, if accompanying or following him to join him; or (e) an immigrant who is a bona fide student at least fifteen years of age and who seeks to enter the United States solely for the purposes of study a t a n accredited educational institution. "Quota immigrant" means any immigrant who is not a non-quota immigrant. An alien who is not particularly specified in this Act as a non-quota immigrant or a non-immigrant shall not be admitted as a non-quota immigrant by reason of relationship to any individual who is so specified or by reason of being excepted from the operation of any other law regulating or forbidding immigration (section 5). URUGUAY.—The Act of 10 J u n e 1890 regards the following persons as immigrants : all aliens of good repute and capable of work who arrive in the Republic by second or third class, with the intention of settling there. VENEZUELA.—The Act of 26 August 1894 regards as immigrants only those persons whose fare to Venezuela has been paid by the Venezuelan Government. In the 1918 Act the term "immigrant" means any alien of good conduct who is skilled in some particular trade, industry, profession or art, and goes to Venezuela with the intention of settling there permanently. § 2.—Immigration Statistics Mention has been made, in connection with emigration statistics, of Departments in charge of statistics ; and these Departments are frequently responsible for the compilation b o t h of emigration and immigration figures. Accordingly, for information regarding the services which in various countries have t o carry out the duties of drawing u p and publishing migration statistics, t h e reader is referred t o Chapter I I , § 2, of Volume I. However, there are certain countries whose services only draw u p statistics of immigration—e.g. Brazil (Directoría do Servicio do Povoamento) and Southern Rhodesia (Commissioner of t h e British South Africa Police). T h e criteria adopted for the selection, from the mass of travellers arriving a t a country's frontier, of t h e persons t o be included in the immigration returns are much the same as those employed for t h e purpose of compiling emigration statistics. Here also, the criterion t h e use of which is becoming more and more frequent is t h a t of the traveller's presumed intention (in IMMIGRATION STATISTICS 21 accordance with his own declaration made on arrival) to remain in the country during a determined period, usually at least one year (Australia, Cuba, New Zealand, the Philippine Islands, United States, etc.; and in South Africa in respect of oversea immigration). I n Bermuda and Canada immigration statistics cover intending settlers, including British subjects arriving for the first time and foreign immigrants coming from Newfoundland or the United States. Ordinary travellers are sometimes also distinguished from immigrants according to the class in which they have travelled. I n Argentina and Brazil passengers arriving in second-class or third-class accommodations are considered as immigrants. I n countries to which the immigration of Indians is permitted (Ceylon, the Malay States, Straits Settlements) immigration statistics make separate mention of Indians; the latter country further makes separate mention of "Chinese travellers". I n relation to continental immigration, certain special characteristics are adopted as indexes—e.g. travelling by train with a single ticket, in South Africa; possession of a contract of employment or a permit, in France and Great Britain. The methods employed for the purpose of compiling immigration returns are very similar to those adopted in respect of emigration statistics. Attention may, however, be drawn to certain special points. For the purpose of oversea immigration statistics, the passenger returns which shipping companies or the masters of vessels are required by law to transmit to port authorities are generally used. This statistical method was first made use of by the United States. Among the countries whose statistics are based upon similar procedure, mention may be made of Great Britain, whose geographical situation permits of its being very widely used ; the master of every British or foreign ship clearing inwards as well as outwards (see Volume I ) is required to furnish two lists, one containing the names of travellers coming from any port situated in Europe or within the Mediterranean Sea, the other containing the names of passengers having come on board a t any port out of Europe and not within the Mediterranean Sea. These lists must be prepared in such a manner t h a t the 22 DEFINITION OF AN IMMIGRANT information obtained from them in relation to immigration may serve as a basis for the compilation of statistics. Passports and the visas thereon may also be usefully employed in countries where the entry visa is compulsory, the total number of visas granted by diplomatic representatives abroad being regularly communicated to the central authorities. Certain countries also make use of returns showing the number of passports issued to nationals by their representatives abroad for the purpose of compiling repatriation statistics. This procedure has the disadvantage of including in the total of persons having actually entered the country those who may not have made use of the passport issued to them (error of excess) and, on the other hand, that of failing to include in the total of repatriated persons those who return home before their exit passport has expired (error of defect). However, this method is considerably improved by the use of a special immigrants' passport or visa having a detachable sheet : these are in use for the purpose of both repatriation and emigration statistics in Czechoslovakia, Italy, Poland and Rumania, where the emigrant's passport has a two-part detachable sheet, one part of which is collected upon departure from, the other upon return to, the countr)r. This method has the advantage of making available both precise and detailed information in respect of nationals and, in a lesser degree, of aliens also (Rumania). Communal administrative registers may also supply information concerning the domicile of aliens, the declaration of their first domicile in the country being an indication that they have immigrated. This procedure; is made use of in Belgium and thé Netherlands for the purpose of establishing statistics relating to the repatriation of nationals and the immigration of aliens. In Hungary information culled from the communal registers is utilised for the purpose of drawing up repatriation statistics. In the Serb-Croat-Slovene Kingdom, the information obtained from persons passing the frontier by officials entrusted with the' control of migration is made use of for the purpose of drawing up statistics of arrival and departure of nationals and aliens. Regard should also be had to the very varied data utilised in some countries in order either to establish statistics or to complete results obtained by other means. Such, for example, are IMMIGRATION STATISTICS 23 declarations made by employers when engaging a newly-arrived alien worker, and the tables showing workers for whom employment has been found by the competent organisations (e.g. in Germany). In a few countries use is also made of the statements furnished by immigrants' hostels (Paraguay and Uruguay). It is evident that the information obtained from this source must of necessity be very incomplete. 24 THE BIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT CHAPTER III T H E R I G H T TO I M M I G R A T E A N D R E S T R I C T I O N S ON THIS RIGHT The question of an alien's right of admission to the territory of any State is one of the gravest and, at the present time, one of the most controversial problems of international law. Starting from opposing viewpoints-—that of the individual's right t o c ó m e and go, and t h a t of every State's sovereign right—the theorists on international law join issue in a struggle which has its counterp a r t in the domain of reality. At present, without entering into any examination of speculative discussions, we shall confine our efforts to ascertaining the affirmations of principle embodied in the constitutions or laws of various countries. The practical importance of these affirmations of principle is, however, merely relative, as it quite frequently happens t h a t even when the right of aliens to enter its territory is recognised by the constitution of a country, the exercise of t h a t right is strictly limited by legislative measures subsequently passed. If we devote our attention to those countries for whom the phenomena of migration are of special interest, it will be noticed t h a t the principle of the right to immigrate is very generally proclaimed in the legislation of Latin-American countries. Thus in t h e Constitution of Argentina (1853) it is laid down t h a t the rights established b y this Constitution shall appertain not only to nationals, b u t also to anyone in the world who desires to inhabit Argentine territory. I t is further recognised t h a t all the inhabitants thereof are entitled " t o enter, remain in, travel through, and depart from" such territory (Article 14). Article 25 relates to alien immigration : " T h e Federal Government THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT 25 will encourage European immigration and may not restrict, limit, nor place any tax upon the admission to Argentine territory of aliens whose object is to cultivate the soil, to improve industries, or to introduce or teach sciences and a r t s . " This clause, while reaffirming t h e right t o immigrate, in reality places a tacit limitation upon it by specifying the objects which the immigrant must have in view in coming t o the country. Article 4 of the Constitution of Bolivia, adopted by the National Convention of 1899 and amended by the Act of 27 August 1906, provides t h a t "any individual has the right to enter the territory of the Republic, to remain in it, to travel through it, to depart from it without any restriction other t h a n t h a t established b y international law, to work, and to exercise in it any lawful industry". I n Colombia, before the introduction of certain restrictions on the admission of aliens, the Immigration Decree of 3 November 1920 laid down in principle t h a t the territory of Colombia is open to all aliens; the Act of 30 December 1922 is, however, symptomatic of the present trend in the direction of restricting such right of immigration, since it demonstrates the intention to encourage the immigration of healthy and progressive elements, while on the contrary it prohibits admission to the country of persons who, "on account of their ethnical, organic or social conditions, constitute elements which are unfavourable either from the national point of view or from t h a t of improvement of development of the race." The Constitution of the Dominican Republic adopted on 17 J u n e 1927 proclaims as a fundamental right "inherent upon h u m a n personality" t h a t of free movement. I n accordance with Article 10, any person may enter the territory of the Republic, depart from it, and travel within its frontiers, without being in possession of a passport or having to comply with any other obligation, except in case of penal liability, provided t h a t he complies with the provisions of the immigration laws and those of the health regulations. I n Ecuador it is laid down by the Aliens Act of 18 October 1921 t h a t the national territory "is open to all aliens desiring t o come and reside in it and to establish themselves upon it, except for restrictions specified in this A c t " (section 21). I n Guatemala the old Aliens Act, which accorded to aliens 26 THE EIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT the right " t o enter, reside and establish themselves freely in any p a r t of Guatemalan territory" has been amended b y a recent Decree, No. 936, dated 7 December 1926; this provides t h a t " t h e Executive Power is competent to determine the right of admission or to prohibit the entry into the country of aliens who on account of their race or for reasons of public safety, public health, or for any other well-founded reason, are considered as demoralising elements or as persons dangerous to public order". The new Constitution of Honduras dated 10 September 1924 proclaims in Article 10 t h a t the Republic of Honduras is " a sanctuary for all those who take refuge upon its territory", adding, however, "with the exceptions laid down by law". Article 17 of the Constitution further lays down t h a t " t h e cases in which admission to the territory m a y be refused to an alien" shall be determined by law. I n Mexico, the Act of 12 March 1926 provides t h a t " a n y person m a y immigrate within the limits laid down by the General Constitution of the United States of Mexico, by international treaties, and by the laws in force". I n Paraguay, the Preamble to the National Constitution contains the following : " T h e Government will encourage American and European immigration, and m a y not restrict, limit, or place any t a x upon the admission to Paraguayan territory of aliens whose object is t o improve industries, t o cultivate the soil, or to introduce or teach sciences and arts in the country." The new Constitution of Peru, promulgated on 12 J a n u a r y 1920? embodies in Article 29 t h e "free right t o enter, traverse, and depart from Peruvian t e r r i t o r y . . . within the limits laid down by the penal, sanitary, and immigration laws". The Constitution of Uruguay (1917) declares t h a t " a n y person is free t o enter, to remain in, and to depart from the territory of the Republic". I t further authorises any person " t o engage in any lawful agricultural, industrial, or commercial occupation he pleases" (Articles 171 and 172). I n Venezuela, the recent Aliens Act of 23 J u l y 1925 lays down t h a t the territory of Venezuela "is open to all aliens"; b u t it specifies certain causes for exclusion and moreover empowers the President of the Republic to fix others (sections 13 and 14). THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT 27 The legislation of other countries often admits the same principle of freedom. Mention may specially be made of the Rumanian Act of 1925, which formulates it explicitly; and, even where it is not formally proclaimed, the general principle of freedom of immigration is tacitly admitted by a large number of States, who lay down more or less numerous limitations of a practical nature, while leaving it to be understood t h a t immigration is free to all who do not come under the excluded categories. Explicit negation of the right to immigrate has not been proclaimed either so categorically or nearly so often as has the opposing principle. Nevertheless, it may be regarded as tacitly admitted by certain States which require all immigrants t o obtain in advance a permit to enter, issued by the authority entrusted with the supervision of immigration (cf. § 2 of the present chapter for provisions of this nature). I t may be added t h a t t h e obligation t o obtain an entry visa, which enables Governments, by way of administrative procedure, to issue individual entry permits as they see fit, is also based upon the same principle—that of the State's discretionary power to open and close the country's frontiers. I t is b u t just to observe, further, t h a t as these permits and visas are usually issued in accordance with fixed rules, they really have the effect in both cases of determining t h a t individuals conforming to certain conditions are permitted to enter the national territory. Whether, therefore, t h e individual's right t o immigrate, now limited by numerous restrictions, or, on the contrary, the exclusion of aliens in general, modified by permission t o enter granted to numerous individuals, be regarded as the general rule, it will be ,seen t h a t we arrive by opposite ways at an equivalent result— t h a t is, the regulation of immigration by statutory provisions, which are becoming more and more precise. I n the present chapter, devoted to restrictions placed upon the right to immigrate, we shall study successively the provisions of a legal nature relating t o conditions with which immigrants have to comply, the documents which they must produce on arrival, measures of an exceptional nature concerning certain individuals, precautions relative to the suppression of clandestine immigration, and special measures in regard to the landing of seamen. 28 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT § 1.—The Various Legislative Restrictions Restrictions upon freedom of immigration imposed by law are many and varied. Sometimes they are of a quantitative nature—i.e. they tend to restrict the number of immigrants in conformity with the country's supposed power of absorption, and thus directly affect the conditions of population. More frequently they are of a qualitative nature—that is, they eliminate dangerous or useless elements and thus constitute a procedure of negative selection. These legislative restrictions are very varied in character. In order to facilitate description of them, they are classed under the following heading : (a) Numerical restriction; (b) Police regulations, including those relating to moral character; (c) Conditions of transport during the journey to the country of immigration; (d) Regulations relating to race, religion, or nationality; (e) Literacy tests ; (f) Financial situation of immigrants; (g) Conditions relating to occupation; (h) Conditions relating to age or sex; (i) Physical condition; (j) Various conditions. (a) NUMERICAL RESTRICTION I t was the United States which/by the Quota Act dated 19 May 1921, was the first country to establish openly the system of quantitative restriction of immigration to the national territory. This Act has had far-reaching effects upon all the currents of migration in the world ; it constitutes what is probably the most important regulation which has ever been instituted. However, numerous measures passed in other countries may be compared with the provisions of the United States Act, although the procedure varies. In Australia, numerical restriction is not explicitly provided for by law; but the Governor-General is empowered to take the NUMERICAL RESTRICTION 29 necessary steps to prohibit the immigration of aliens, either wholly or partially. I n fact, the Australian Government does actually regulate immigration by refusing the necessary entry visa t o immigrants of certain nationalities in excess of a certain monthly figure fixed by the regulations or in agreement with t h e Governments interested. I n the case both of the United States and of Australia, numerical restriction is further complicated by ethnical selection; the quota is distributed by nationality. Certain restrictions are, however, introduced independently of the national factor, with the object of adapting immigration to the economic necessities of the moment. Thus, many Governments make use of the entry visa for the purpose of modifying immigration according to the country's power of absorption, the state of the home labour market, and other considerations of national or economic interest. This is particularly the case in regard to immigration for the purpose of work; in order t o limit such immigration, recourse is also had to the system of work or employment permits. The method adopted is to require the alien worker to produce (either a t the frontier or at the time of his engagement), a labour permit issued by the competent authority, or else t o compel the employer t o obtain an employment permit prior t o recruiting or engaging alien workers; the Government t h u s reserves the possibility of restricting the number of newcomers should circumstances render such a course desirable. I n Germany the number of alien workers which each agricultural undertaking may employ is fixed annually, and these agricultural workers are compelled, unless they have special exemption, to leave the country every year as soon as t h e season is over. Thus, the total number of agricultural workers arriving in Germany is known to the competent authorities. I n Palestine also an annual quota is stipulated for workers of various categories. Moreover, certain authorities are sometimes empowered to lay down numerical restrictions according t o circumstances. Numerical restriction of immigrants of a particular nationality may also be arrived at by way of international agreement. I n relation to immigration for the purpose of settlement, we may cite the arrangements made between J a p a n of the one part and Australia and Canada respectively of the other part, known as Gentlemen's Agreements. Regarding immigration for the 30 THE EIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT purpose of work, agreements concerning recruitment of labour are becoming more and more numerous, and these nearly always contain a clause stipulating the contingent of workers to be introduced annually. These agreements are considered in Chapters III and IV of Volume III. B R I T I S H M A N D A T E D T E R R I T O R Y : Palestine.—Labour schedules are prepared every six months by the Chief Immigration Officer in order to determine the number of persons having a definite prospect of employment in Palestine (group C) who may be admitted to the country. These schedules are drawn up after considering any proposals made in that regard by the Palestine Zionist Executive. Each schedule must be laid before the High Commissioner for approval. The Chief Immigration Officer then grants a corresponding number of immigration certificates (cf. § 2 of the present Chapter) either to persons who have made application in the manner set out in the Regulations, or to persons on whose behalf applications have been made by an employer or by the Palestine Zionist Executive. In the first case the certificate is transmitted to the applicant; in the second case, at the discretion of the immigration officer, it is transmitted either to the employer or to the person named in the application, and in the third case t o the Palestine Zionist Executive or t o employers who have made application for workers without specifying particular individuals. If, after all the proper applications have been granted, the full number of labour certificates have not been allotted, the Chief Immigration Officer may prepare a number of certificates in blank and transmit them either to the Palestine Zionist Executive or to employers who have applied for labour. If, by reason of the occurrence of unforeseen and urgent demands for immigrant labour, employment can be given t o a larger number of immigrants than the number mentioned in the labour schedule, the Chief Immigration Officer may grant additional immigration certificates. The number of additional certificates must not exceed one-twentieth of the number of persons whose entry into Palestine is permitted by the 'schedule or 300, whichever be the greater number-, unless the High Commissioner so directs. (Regulations 8 and 9 issued under the Ordinance of 1925.) AUSTRALIA.—The Immigration Act, 1901-1925, section 3K, provides that the Governor-General may by Proclamation prohibit, either wholly or in excess of specified numerical limits, and either permanently or for a specified period, the immigration of aliens of any specified nationality, Tace, class or occupation, in any case where he deems it desirable so to do (a) on account of the economic, industrial or other conditions existing in the Commonwealth ; (b) because the persons specified in the Proclamation are in his opinion unsuitable for admission into, the Commonwealth; (c) because they aTe deemed unlikely to become Teadily assimilated or t o assume the duties and responsibilities of Australian citizenship within a reasonable time after their entry. The number of immigrants of certain nationalities admissible into Australia each year is, in fact, regulated; for details concerning the immigration of these persons, cf. § 1, (a), of the present chapter. BRAZIL.—The instructions approved by the Federal Decree of 30 J u n e 1925 empower the Director-General of Land Settlement to suspend or t o restrict embarkation for Brazil during a certain period to a limited number of immigrant passengers. Consequently, companies undertaking transport of immigrants are required to obtain a permit before the journey takes place (section 1). NUMERICAL RESTRICTION 31 GERMANY.—The employment of alien workers in Germany is subject to authorisation being obtained from the Labour Offices of the various German States (cf. Chapter VI, § 1, "Employment of Alien Workers"); but while no maximum is stipulated in the case of industrial workers, the employment of agricultural workers is limited to a definite quota, fixed a t the end of each year for the following year by the Federal Minister of Labour, after hearing the opinion of the Committee for Agricultural Questions of the Federal Institute for Employment and Unemployment Insurance (Reichsanstalt für Arbeitsvermittlung und Arbeitslosenversicherung). This quota is distributed among the Labour Offices of the various German States and cannot be exceeded. SIAM.—The Act of 11 July 2470 of the Buddhist Era (corresponding to 1927) empowers the Minister of the Interior, acting in agreement with the Minister for Commerce and Communications, to fix by Decree the number of aliens of each nationality and the number of each class of aliens who may be admitted each year to Siam. This measure only comes into operation three months after promulgation. When the annual quota of admissible aliens is once fixed, no alien in excess of this number may be admitted except : (a) diplomatic and consular officials and aliens coming to Siam in the service of the Siamese Government; (b) travellers who can prove that they have no intention of settling in the country or regularly to follow a trade or profession there, but that they have only come to make a temporary visit or in order to traverse the territory (sections 8 and 9). U N I T E D STATES.—The Immigration Act of 1924 provides for an annual quota for immigrants arriving in the United States. All aliens arriving in the United States are considered, for the purpose of this Act, as quota immigrants, non-quota immigrants, or non-immigrants (for a definition of these terms, see Chapter I I , § 1). For the first two of these classes the quota of each nationality is 2 per cent, of the number of foreign-born individuals of that nationality resident in continental United States as determined by the census of 1890, the minimum quota being 100. An immigrant born in the Dominion of Canada, Newfoundland, the Republic of Mexico, the Republic of Cuba, the Republic of Haiti, the Dominican Republic, the Canal Zone, or an independent country of Central or South America, and his wife and unmarried children under eighteen years of age, are not subject to the quota system, and are considered as non-quota immigrants. Within the quota, preference is given to a maximum of 50 per cent, of the visas per month to an immigrant who is the unmarried child under twenty-one, the father, mother, husband or wife of a citizen of the United States who is twenty-one years of age or over, and to a quota immigrant who is skilled in agriculture, together with his wife and dependent children. Not more than 10 per cent, of the annual number of quota visas issuable to persons of any nationality may be granted in any one month. Nationality is determined by the country of birth, the colonies, dependencies, or selfgoverning Dominions for which separate enumeration was made in the census of 1890 being treated as separate countries. I t is, however, provided that the nationality of a child under twenty-one accompanied by a t least one of its parents is determined by the country of birth of that parent (or of the father if both parents are present, and were born in different countries), and the nationality of a wife accompanying her husband may in certain cases be determined by the country of birth of hex husband. The Act of 1924 also provides t h a t from 1 July 1927 the annual quota for each nationalty should be a number which bears the same ratio to 150,000 as the number of inhabitants in continental United States in 1920 having that national origin bears to the number of inhabitants in continental United States in 1920 with a minimum of 100; by a Joint Resolution of 32 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT 4 March 1927 the application of this system was postponed to 1 July 1928 x. The Immigration Act of 1924 allows in the application of the quota certain preferences, provided they do not exceed 50 per cent, of the annual quota for the nationality affected, and that they are given in the calendar month in which the rate of preference is established; or, if the quota is full, in the following month. Preference is given to quota immigrants as follows : (a) Unmarried children (under twenty-one), father, mother, husband or wife of a citizen of the United States who is twenty-one years of age or over ; (b) A person skilled in agriculture, together with his wife and dependent children under sixteen years of age. This does not apply to any nationality whose annual quota is less than 300 (section 6). Any citizen of the United States claiming an immigrant to be his relative and admissible as a non-quota immigrant, or entitled to preference, may make and file under oath a petition to the Commissioner-General stating among other things the degree of relationship and the petitioner's ability and willingness to support the immigrant if this should become necessary. Two other responsible citizens must confirm these facts. If the statements are found to be satisfactory, the consular officer with whom the application for the immigration visa has been filed shall be authorised to grant the preference (section 9). (b) P O L I C E REGULATIONS, INCLUDING T H O S E RELATING TO MORAL CHARACTER The majority of countries prohibit t h e admission of persons, having been convicted of any infamous crime or, at all events, those who have been so convicted within a longer or shorter period fixed by each country, as also is the admission of persons against whom legal proceedings have been commenced. I n some cases, t h e offences resulting in exclusion are definitely stated ; in others the exclusion is stipulated more vaguely as t h a t of "undesirable elements". The admission of prostitutes, procurers, and, in general, of persons receiving the proceeds of prostitution is prohibited. These measures are in conformity with the provisions for the suppression of t h e White Slave traffic, laid down in an international Convention to which a large number of countries have adhered (cf. Vol. I I I ) . Gipsies and nomads in general, by whatever name they may be known, are also very frequently excluded. I n many cases an immigrant is required t o produce a certified ' A further postponement to 1 July 1929 was effected by the resolution S. J. 113 passed by both Houses of Congress and signed by the President of the United States on 31 March 1928. POLICE REGULATIONS 33 extract from t h e Criminal Record (easier judiciaire) or some similar document, together with a certificate of good behaviour. Some legislation provides also for t h e rejection of individuals who have been deported from another country, or previously expelled from the territory of t h e legislating country ; and persons suspected of having come for t h e purpose of espionage. Many States also t a k e care t o keep out of their territory such elements as political agitators, while anarchists and persons of subversive tendencies in regard t o t h e political conceptions obtaining in the country are frequently rejected. I t is also t h e case, however, t h a t certain countries g r a n t special facilities t o persons condemned from political motives and t o refugees. Many States regard it as their d u t y t o grant free right of sanctuary t o individuals persecuted for their opinions, and t o accord t h e m free access t o their territory, sometimes even in cases which do not comply with t h e normal regulations for admission. BRITISH MANDATED TERRITORIES : Palestine.—Permission to enter Palestine is refused to any person other than a Palestinian citizen who : (a) not having received a free pardon, has been convicted in any country of murder or an offence for which a sentence of imprisonment has been passed, and, by reason of the circumstances connected therewith, is deemed by the High Commissioner to be an unsuitable person for admission into Palestine ; (b) is a prostitute; (c) is deemed by the High Commissioner from information officially received by him to be an unsuitable person for admission into Palestine ; (d) is shown by evidence which the High Commissioner may deem sufficient to be likely to conduct himself so as to be dangerous to peace and good order in Palestine or to excite enmity between the people and the Government of Palestine or to intrigue against the Government's authority in Palestine. (Immigration Ordinance, No. 32 of 1925, section 5, (16), (Id), (le), (1/).) Tanganyika.—The immigration is prohibited of any person who, not having received a free pardon, has been in any country convicted of an offence for which a sentence of imprisonment has been passed and who therefore appears t o be undesirable; of any person who, from information received from a Government or any reliable source, is considered undesirable; of any person who has been lawfully deported from the Territory; or of any prostitute or person living on or receiving the proceeds of prostitution. (Immigration Ordinance, No. 16 of 1924, section 5.) Trans-Jordan.—The Emir of Trans-Jordan may, by order under his hand, prohibit, the entry of any foreigner into Trans-Jordan if such foreigner is likely to be dangerous to peace and good order in the country or excite enmity between the people and the Government of Trans-Jordan, or to intrigue against the Government's authority. (Aliens Act, 1927.) J A P A N E S E M A N D A T E D TERRITORY : South Sea Islands.— In accordance with section 1, subsections (2) and (3), of Order No. 1, dated 34 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT 2 February 1925, the chief of the local administrative office may prohibit the landing of vagabonds and beggars, and of any persons suspected of a desire to act against the interests of the Empire in favour of an enemy State, or should there be reason to believe that such person may become a danger to public order or good behaviour. NEW ZEALAND MANDATED TERRITORY : Western Samoa.— By the Samoan Immigration Ordinance of 1924, the Administrator is empowered to prohibit the landing in Samoa of any person other t h a n a permanent resident whose presence in Samoa would be injurious to the peace, good government, or public interest of the territory. The Administrator is likewise empowered to prohibit the landing in Samoa of any person other than a permanent resident who is disaffected or disloyal (section 5, subsection (1)). The immigration is prohibited of any person who fat any time within five years of his arrival in Samoa has been convicted in any place of any criminal offence punishable by imprisonment of more t h a n one year (section 13, subsection (b)). S O U T H AFRICAN MANDATED TERRITORY : South-West Africa.—The immigration is prohibited of any person who has been convicted of a specified offence (see below) and has not received a free pardon, and by reason of the circumstances connected with the act is deemed by the Administrator to be an undesirable inhabitant of or visitor to the territory. The offences specified are the following : high treason ; sedition and public violence and any conspiracy or attempt to commit such a crime ; murder ; rape; arson; theft; receiving stolen goods knowing them to be stolen; fraud ; fraudulent insolvency ; forgery or uttering forged documents knowing them to have been forged; counterfeiting coin or uttering coin knowing same to have been counterfeited; housebreaking with intent to commit an offence; burglary; robbery with violence; threats by letteT or otherwise with intent to extort ; any attempt to commit any such offence. The immigration is likewise* prohibited of any person who, from information received from any Government through official or diplomatic channels, is deemed to be an undesirable inhabitant of the colony, or of any prostitute or person living on or receiving the proceeds of prostitution. (Immigrants Regulation Proclamation, No. 23 of 1924, section 1 (Id); idem, section 1 (le), (I/)-) ARGENTINA.—The Immigration Act of 1876 and the Decree of 31 December 1923 (section 10) lay down that the following persons may not be admitted : (1) gipsies ; (2) persons having been convicted of any infamous crime against common law or against the social order within the five years preceding arrival, and in general all those who are included under the description "undesirable immigrants". Similar provisions are contained in the Act of 22 November 1902 and in that of 30 J u n e 1910. The first of these lays down that the executive power may prohibit the entry of aliens who might endanger the national safety or public order. The second, almost in the same terms, prohibits the admission of anarchists and others who advocate the overthrow by force or violence of established social institutions, or the assassination of public officials. A certificate issued by a court of law or by the police of an immigrant's country of origin is required as proof that the person concerned does not come within the excluded categories; and such certificate must be duly visaed by a consul of the Argentine Republic. - Any person who, after having stayed in Argentina, is refused admission to another country, must, in order to be allowed to re-enter Argentina, produce proofs of his previous stay in the Republic ; he must also prove that during his previous stay his conduct gave rise to no complaint. POLICE REGULATIONS 35 AUSTRALIA.—According to the Immigration Act, 1901-1925, the following classes are forbidden to enter the Commonwealth : (a) Any person who has been convicted of a crime and sentenced to imprisonment for a year or more, unless five years have elapsed since the termination of the imprisonment (section 3, (ga)) ; (b) Any person who has been convicted of any crime involving moral turpitude and whose sentence has been suspended or shortened conditionally on his emigration, unless five years have elapsed since the expiration of the term for which he was sentenced (section 3, (go)); (c) Any prostitute, procurer, or person living on the prostitution of others (section 3, (gc)); (d) Any person who has been deported (section 3, (gg)); (e) Any person declared, . . . from information received through official or diplomatic channels, undesirable as an inhabitant of, or visitor to, the Commonwealth (section 3, (gh)) ; (f) Any person who advocates the overthrow by force or violence of any established Government or of all forms of order', who advocates the abolition of organised government, the assassination of public officials or the unlawful destruction of property, or who is a member of any organisation which entertains or teaches any of the doctrines and practices specified in this paragraph (section 3, (gdj). Papua.—In Papua, the immigration is prohibited of any person who has been convicted of an offence, not being a political offence, and has been sentenced to imprisonment for a year or longer and has not served his sentence, or received a pardon; the immigration of prostitutes or persons living on the prostitution of others is also prohibited. (Immigration Restriction Ordinance of 1908, sections 2-6.) BELGIUM : Congo.—By section 2 of the Ordinance of 8 March 1922, the following persons are declared to be inadmissible to the Colony : (a) Individuals considered by the "Vice-Governor-General as undesirable visitors or inhabitants, either from information received from the Belgian or any other Government, or on account of their mode of life or customs; (b) Persons living on prostitution or enocuraging prostitution, in particular by letting rooms for that purpose ; (c) Persons who have been convicted, either in the Colony or abroad, of a crime for which the penalty is extradition, or are considered undesirable in view of circumstances connected with the crime. In order to be allowed to enter the Colony, an individual must hold a certificate as to his good behaviour and regular life, issued less than a year previously. The signature to this document must be properly authenticated. (Official Notice relating to conditions of admission to Belgian Congo.) BOLIVIA.—An immigrant seeking admission to Bolivia is required to present a certificate issued by an authority of his country of departure, to the effect that he has not been prosecuted and convicted of a criminal offence during the previous five years, together with a certificate to the effect that he is engaged in an honourable occupation. (Decree of 27 October 1921, section 1.) BRAZIL.—The Executive Authority is empowered, by Federal Decree No. 4247, dated 6 January 1921, to prohibit admission to the national territory of any alien liable to be expelled from the country in accordance with the provisions of section 2 of that Decree (which is analysed in § 2 of Chapter X), and of any female alien who comes to the country for the purposes of prostitution. 36 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT In accordance with Federal Decree No. 16761, dated 31 December 1924, immigrants are required to produce duly authenticated documents attesting their good conduct. CANADA.—According to the Immigration Act of 1914-1924, the following classes are prohibited from entering Canada : Persons who believe in the overthrow by force or violence of the Government of Canada or of constituted law and authority, who disbelieve in organised government, who advocate the assassination of public officials or the unlawful destruction of property; Persons who are members of a n y organisation entertaining or teaching disbelief in organised government, or the duty, necessity or propriety of the unlawful assaulting or killing of officers of any organised government, because of their official character, or advocating the unlawful destruction of property; Persons guilty of espionage with respect to His Majesty or any of His Majesty's allies; Persons who "have been found guilty of treason for an offence in connection with the war, or of conspiring against His Majesty, or of assisting His Majesty's enemies during the war, or of any similar offence against any of His Majesty's allies; Persons who have been convicted of, or admit having committed, any crime involving moral turpitude; Prostitutes and women and girls coming to Canada for immoral purposes and pimps or persons living on the avails of prostitution; Persons who procure or attempt to bring into Canada prostitutes or women or girls for the purpose of prostitution or other immoral purposes. CHILE.—The Residence Act, of 12 December 1918, refuses admission to Chilian territory to aliens who have been convicted of or are subject to prosecution for such offences against common law as are regarded as crimes by the Penal Code., and of persons carrying on an illicit traffic or any traffic contrary to morality or to public order in general. Admission is also refused to persons seeking to overthrow by violence the existing social or political order, as well as those who in any way advocate doctrines incompatible with national unity (sections 1 and 2). A certificate of satisfactory antecedents and behaviour, issued by the mayor or police authorities in the place of origin, is also required ; and if the consul considers it desirable, an extract from the Criminal Record, certifying that the person concerned is not liable to judicial proceedings and has not been convicted of any offence, may also be required before the visa is issued. COLOMBIA.—In accordance with the Act of 18 November 1909, immigrants desiring to enter Colombia must prove that they are of satisfactory antecedents and morals. The entry of vagabonds, persons convicted of crimes against common law, and escaped prisoners is prohibited. The law forbids immigration agents for Colombia to conclude contracts with persons not fulfilling the conditions prescribed by the emigration laws of their respective countries. This prohibition also applies to private individuals and to private companies who bring immigrants to Colombia. Decree No. 48, dated 3 November 1920, prohibits the admission to the country of beggars, vagabonds, persons having no honourable calling, and in general persons of proved unsatisfactory morals; those living on prostitution; and those who have undergone a penal sentence for any offence other than a purely political offence. Individuals who preach disobedience to the authorities or laws of the country, or carry on propaganda in favour of the overthrow by violence of the constitutional Government, anarchists, communists, and persons who commit offences against property are also refused admission (section 7). POLICE REGULATIONS 37 A certificate of good conduct made out by a person or a society of recognised standing must be handed to the consul before the necessary visa can be issued (section 4). COSTA RICA.—The Immigration and Deportation Act of 18 June 1894, amended by the Act of 24 November 1905, prohibits the admission to Costa Rica territory of the following : persons having been convicted in any foreign country of piracy or arson, or as assassins, literary or artistic plagiarists or pirates, thieves, coiners, forgers of bank notes, treasury bonds, or other public credit securities; individuals whose antecedents warrant their being regarded as dangerous to public order; and vagabonds—defined by the Act of 31 August 1914 as meaning pickpockets (rateros), dishonest gamesters (tahúres), prostitutes, and persons having no legitimate means of existence. Anarchists and persons whose object is to carry on agitation among the working classes are also excluded. The Decree of 10 June 1924 prohibits the immigration of gipsies of any nationality. CUBA.—In accordance with section 1 of the Order of 15 May 1902, admission to Cuban territory is forbidden to persons convicted of infamous offences or crimes (other than offences of a purely political nature) or of offences against morality, polygamists, and prostitutes. Decree No. 384, of 2 March 1925, lays down very severe measures to prevent the admission of persons who may be White Slave traffickers or who may engage in prostitution. Section 1 provides that any person responsible for the conveyance to Cuba of a woman for immoral purposes shall be punished with imprisonment ; and section 3 lays down particularly strict precautions to be taken before any woman travelling alone may be allowed to land (cf. § 1, (h)). An impresario bringing theatrical artistes must deposit security in respect of them, and must also hand to the Immigration Commissioner complete information concerning them, their photographs, a list of their previous engagements, etc., with a view to the elimination of sham contracts serving as a pretext for the introduction of prostitutes. Further, section 8 of the same Decree provides that persons described as "globe-trotters" (trotamundos) may be refused permission to land at the discretion of the Immigration Commissioner. I t is also provided that any person landing at a Cuban port may be required to have his finger-prints taken (for purposes of identification) at the discretion of the Immigration Commissioner. ECUADOR.—The Aliens Act of 18 October 1921 provides that the following persons shall not be admitted to the national territory : vagabonds ; individuals who have been expelled from, or refused permission to land in, another country, or who are suspected persons; those who have been convicted in a foreign country of a crime which, if committed in Ecuador, would be punishable with a term of four years' imprisonment or some other penalty of equal or greater severity, even if such persons have undergone their punishment or received a pardon, unless a period of two years has elapsed since the termination of their imprisonment. These provisions do not, however, apply to persons prosecuted or condemned for political or religious motives or for cognate reasons, nor to those seeking refuge in order to save their lives (sections 22 and 23). FRANCE : Colonies.—West Africa. In order to be allowed to land in any French West African port, an alien must be in possession of a certified extract from the Criminal Record (easier judiciaire) obtained less than three months earlier, or some equivalent document duly visaed by the 38 THE BIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT French consular authorities of his country of origin. (Section 1 of the Decree dated 24 January 1925.) Morocco.—By the Ordinance of 13 November 1914, a person landing in the French zone must submit to the legal authorities proofs of his identity, previous domicile, means of support, and his reasons for visiting the country, failing which permission to land may be refused. The Ordinance of 15 January 1924 leaves the preceding provisions in force. GREAT BRITAIN.—The admission, supervision, and control of aliens are at present regulated by the Aliens Order, 1920, made under the Aliens Restriction Act, 1914, and the Aliens Restriction (Amendment) Act, 1919. The provisions, which, under the former Act, applied only when "imminent national danger or great emergency" had arisen, were extended by the latter Act for a period of one year after that Act came into force. This measure has been re-enacted year by year, and the exercise of the powers conferred by it is no longer contingent upon the occasion of imminent national danger or emergency. The Aliens Order, 1920, provides in section 1 that an alien may not land in the United Kingdom without the permission of an immigration officer, and permission to land may not be given unless the alien complies with certain conditions. Among these are the following : (a) That he has not been sentenced in a foreign country for an extradition crime ; (b) That he is not the subject of a deportation order in force under the Act of 1914, or of an expulsion order under the Aliens Act of 1905 ; (c) That he has not been prohibited from landing by the Home Secretary. The Home Secretary is further empowered to prescribe other requirements that must be fulfilled by an alien immigrant. Colonies.—A large number of British colonies have regulations prohibiting the entry of persons who are deemed to be undesirable, such as : (1) Persons convicted of a crime and sentenced to imprisonment (Gambia, Gold Coast, Jamaica, Mauritius, Nigeria, Nyasaland, Sierra Leone, Somaliland, Uganda, Zanzibar) ; in Bermuda convicts are excluded, and other persons who have been convicted of a criminal offence are not granted the exemptions accorded to certain passengers ; (2) Persons convicted of any crime involving moral turpitude (Jamaica) ; (3) Immigrants who appear to be a danger to the general peace and order (Gambia, Gold Coast, British Guiana), unless they find security for their good behaviour (Nigeria, Nyasaland, Northern and Southern Rhodesia, Sierra Leone, Straits Settlements, Somaliland, Uganda, St. Lucia, Zanzibar) ; (4) Persons who have been sentenced for an extradition crime or have been the subject of a deportation order (Federated Malay States, Mauritius, Leeward Islands) ; (5) Persons previously convicted of a crime which, if committed within the Colony, would have been a felony or misdemeanour punishable by the Supreme Court of the Colony (Bahamas, Fiji, British Honduras) ; (6) Persons advocating the overthrow by force or violence of the Government of the United Kingdom, Ireland, any British possession or any friendly State, or the assassination of public officials or the destruction of property are, in Bermuda, not entitled to the exemptions accorded to certain passengers (cf. Chapter I I , § 1); (7) Prostitutes and, in most cases, procurers or persons living on the proceeds of prostitution (Ceylon, Federated Malay States, Fiji, Gambia, Gold Coast, British Honduras, Jamaica, Nigeria, Nyasaland, Northern and Southern Rhodesia, Sierra Leone, Uganda and Zanzibar). In the Federated Malay States, special powers are given POLICE REGULATIONS 39 to the Protector of Chinese for the supervision of children and suspicious cases. In the Straits Settlements any person who traffics in young girls and brings them into the Colony for immoral purposes is liable to a .fine of $200 or imprisonment for not more than six months, or both. (Bahamas : Immigrants Act, No. 17 of 1920, section 3. Bermuda : Immigration Act, No. 58 of 1902, section 4; Immigration Act, No. 11 of 1920, section 1. Ceylon : Destitute Immigrants Regulation Ordinance, No. 12 of 1907, section 9. Federated Malay States : Female Domestic Servants Enactment, No. 22 of 1925, section 4; Passengers Restriction Ordinance, No. 6 of 1922, section 8, (f), 8, (i). Fiji : Immigration Restriction Ordinance, No. 6 of 1909,as amended by No. 7 of 1917, section 5, (la),(lb), Gambia : Immigration Restriction Ordinance, No. 12 of 1924, section 5,(c), (d), (e), (f). Gold Coast : Immigration Restriction Ordinance, No. 9 of 1925, section 5, (d), (e), (f). British Honduras : Immigration of Undesirable Immigrants Ordinance,No.20 of 1921,section5,(la),(lb). Jamaica: Immigration Restriction Law, No. 36 of 1919, section 4. Leeward Islands : Aliens Admission Regulation Act, No. 13 of 1922, section 4, (6), (7). Mauritius : Proclamation No. 30 of 6 August 1926 under the Destitute and Criminal Immigrants Regulation Ordinance, 1907, section 1, (v). Nigeria: Immigrant Restriction Amendment Ordinance, No. 31 of 1924, section 3. Nyasaland : Immigration Ordinance, No. 17 of 1922, section 4, (d), (e), (f), (i). Northern Rhodesia : Immigrants Regulation Proclamation, No. 15 of 1915, section 2, (4), (5). Southern Rhodesia : Immigrants Regulation Act, No. 7 of 1914, section 2, (4), (5). Sierra Leone : Undesirable Persons (Prevention of Immigration) Ordinance, No. 17 of 1924, section 4, (c), (d), (f). Somaliland : Immigration Restriction Ordinance, No. 4 of 1924, section 6, (c), (d), (e), (f). Straits Settlements : Passengers Restriction Ordinance, No. 169 of 1919, section 9, (lg); Women and Girls Protection Ordinance, No. 24 of 1925, section 4, (1). Uganda : Immigration Restriction and Removal of Undesirables Ordinance, 1913, section 2, (5), (6), (7). Windward Islands (St. Lucia) : Undesirable Immigrants Ordinance, No. 35 of 1916, sections 12, (1), and 14. Zanzibar : Immigration Regulation and Restriction Decree, No. 8 of 1923, section 2, (/, 4-6). GREECE.—Admission to the country is refused to' persons who have been found guilty of an extradition crime, or who have previously been expelled from Greece, unless a Decrees has been issued by the Minister of the Interior authorising their entry. Admission is also refused to persons whose stay in Greece is prohibited by law or ordinance promulgated by a competent authority and to persons who are suspected of being a danger to the State. (Act No. 3275 of 24 January 1925, and Ordinance of 23 June 1927.) GUATEMALA.—The Act of 30 April 1909 lays down that persons having been accused of an offence against the common law, fugitive convicts, and persons found to be of unsatisfactory conduct or morals may not be admitted as immigrants (section 7). Ry Decree No. 875 of 15 September 1924, all immigrants are required to possess a certificate of satisfactory behaviour before the consular visa needed in order to enter the country can be issued. HONDURAS.—The Aliens Act of 4 February 1926 lays down that the executive authority may refuse admission to the country to any alien for motives concerned with public order or morality, and when such refusal is called for in the country's interest (sections 43 and 46). HUNGARY.—In accordance with the terms of Ordinance No. 200,000 of 25 April 1925, aliens are free to pass the frontier provided that they 40 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT comply with provisions in force concerning passports; and upon condition that they have not been expelled from the country or forbidden to return to it in accordance with any Decree (section 2). ICELAND.—The Act of 12 May 1920 lays down that aliens arriving in the country must, in order to be admitted, be of good reputation. I R I S H F R E E STATE.—The Aliens Order of 1925 lays down in section 1, (2), that leave shall not be given to an alien to land in the Irish Free State if he has been sentenced in a foreign country for any extradition crime within the meaning of the Extradition Acts or if he is subject to a deportation order in force. JAPAN.—Ordinance No. 1 of 24 January 1918 lays down that competent officials are to prevent the entry of aliens suspected of a desire to act against the interests of the Empire, those who may become a danger to public order or good behaviour, beggars, and vagabonds (section 1). Formosa.—Section 10 of Ordinance No. 68 of 24 September 1904, amended by Ordinances No. 25 of 1915 and No. 198 of 1920, forbids transport agents to issue travelling tickets to persons whose stay in the Island has previously been prohibited or to persons of uncertain identity. MEXICO.—Admission to Mexico is forbidden to : (a) would-be fugitives from justice and escaped convicts, persons who are being prosecuted for offences which, in conformity with the provisions of Mexican law or t h a t of the country in which the offence was committed, are punishable with more than two years' imprisonment, offences of a political nature excepted; (b) prostitutes, persons living upon the proceeds of prostitution, persons accompanying or exploiting prostitutes or encouraging prostitution, and persons whose trade, occupation, or manner of living is of a reprehensible nature; (c) persons addicted to poisonous drugs or to alcoholism in a chronic form, persons trafficking in or facilitating the traffic in stupefactive drugs, and, in general, persons following a trade or profession prohibited in Mexico. Individuals belonging to anarchist organisations or who profess or carry on propaganda in support of any doctrine which approves the destruction, by violence of any Government or the assassination of public officials are also refused admission. In order to obtain the individual identity card issued by a Mexican consul which all aliens desiring to enter the country must possess, the future immigrant has to submit to that official duly authenticated documents proving that he is of satisfactory morals, drafted in such a manner as to show, not only that the applicant's conduct has given rise t o ' no complaint in the past, but that it is definitely good. (Migration Act of 12 March 1926, sections 15 and 29 ; Circular No. 97 of 19 September 1925 ; and section 72 of the Sanitary Code dated 27 May 1926.) N E T H E R L A N D S : E a s t Indies.—According to Royal Decree No. 32, of 15 October 1915, the admission card is refused to persons making their living by prostitution or indirectly encouraging the same, to persons sentenced in a foreign country, between which and the Netherlands there exists an extradition treaty, for an extradition crime, and to persons who constitute a danger to social order (section 4). NEWFOUNDLAND.—According to the Immigration Act of 1926 the following classes are considered undesirable immigrants : (a) Persons convicted of any crime involving moral turpitude ; POLICE REGULATIONS 41 (b) Prostitutes and women and girls coming to Newfoundland for any immoral purpose and pimps or persons living on the avails of prostitution ; (c) Persons who procure or attempt to bring into Newfoundland prostitutes or women or girls for the purpose of prostitution or other immoral purpose. Moreover, Chapter 77 of the Consolidated Statutes of Newfoundland, 1916, provides in section 1, (3c), that an alien may be refused permission to land in the Colony if he has been sentenced in a foreign country, between which and the United Kingdom there exists an extradition treaty, for an extradition crime, other than a crime of a political nature, within the meaning of the British Extradition Act, 1870. (Cf. also, in § 1, (f), exemptions relating to political refugees.) Section 5, (d), of Chapter 79 of the Consolidated Statutes, 1916, provides that no Chinese person is permitted to land who is a prostitute or living on the prostitution of others. N E W ZEALAND.—Section 14, (d), of the Immigration Restriction Act, 1908, as amended in 1910, provides that any person who arrives in New Zealand less than two years after the termination of any imprisonment suffered by him for an offence which, if committed in New Zealand, would be punishable by death or imprisonment for two years or upwards, not being a mere political offence and no pardon having been granted, is prohibited from landing. Part I I of the Immigrants Restriction Amendment Act, 1920, stipulates that every person other than a British subject arriving in New Zealand must take the oath of obedience to the laws of New Zealand. Persons refusing to take the oath are deemed to be prohibited immigrants. A person is not exempt from these provisions by reason that he is domiciled in New Zealand, or that he is returning to New Zealand, or that he has on some previous arrival in New Zealand taken the oath required by the Act. Section 5 of the Undesirable Immigrants Exclusion Act of 1919 provides that when the Attorney-General is satisfied that any person is not permanently resident in New Zealand and is disaffected or disloyal, or of such a character that his presence in.New Zealand would be injurious to the peace, order, and good government of that Dominion, and that such person is about to arrive or land in New Zealand, he may prohibit that person from landing in New Zealand. NORWAY.—Section 3 of the Act of 22 April 1927 lays down that gipsies and other vagabonds are not admissible to Norwegian territory. Section 16 of the same Act provides that aliens who, less than five years previously, have completed a term of not less than six months' imprisonment for an offence, not being a political offence, may be deported. PANAMA.—The Administrative Code prohibits the admission to Panama of fugitive criminals, adventurers or vagabonds of recognised bad character, and anarchists (section 1875). Decree No. 45, of 19 August 1925, applying Act No. 55 of 1925, requires intending immigrants to submit to the Panama consul, when handing over their passports for the necessary visa, a certificate testifying to their good conduct and that they have not been convicted of any criminal offence (section 7). Act No. 13, of 23 October 1926, lays down that under no circumstances whatever will admission to the territory be allowed in the case of individuals who have been expelled from another country, whatever may be their race, condition, social position, profession, or occupation, unless such expulsion took place for a political reason (section 19). PARAGUAY.—Act No. 691, of 31 October 1924, stipulates t h a t the 42 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT following persons shall not be admitted to Paraguay : beggars ; persons who have been prosecuted for or competed of crime ; confirmed alcohol addicts ; persons who, directly or indirectly, convey or endeavour to convey into the territory persons for the purposes of prostitution ; individuals advocating transformation of the existing social order by violent means ; and persons who have been expelled from other countries as anarchists under whatever denomination. By Decree No. 20173, of 24 February 1925, consuls are forbidden to issue passports or visas to the said persons. Accordingly, an applicant must hand to the consul a certificate issued by some judicial authority or by the police, testifying that the person concerned has not been prosecuted for any offence against public morality or the social order, or against persons or property, during the previous five years. This certificate must be issued by the authorities of the future immigrant's country of origin, and must be visaed by the Paraguayan consul. PERU.—The Act of 22 September 1920 prohibits admission to Peruvian territory of beggars and vagabonds, persons devoting themselves to prostitution, persons condemned to a penalty of imprisonment and not having completed their sentence, unless a period of two years has elapsed since their release. Exceptions are made in respect of persons convicted from political or religious motives, persons who seek refuge in the country in order to save their lives, and those who, having previously resided in the country for a period of six months, afterwards left it and were subsequently deported or expelled from another country (sections 1 and 2). The Regulation of 10 December 1919 further instructs the maritime authorities to prevent the landing of aliens claiming readmission to the Republic after having been expelled from the country as troublesome elements (section 6). POLAND.—Permission to enter and reside upon Polish territory is withheld or may be refused at any time to aliens who have been prosecuted either in Poland or in a foreign country for a crime against common law, or who have been expelled from Polish territory, or who may be dangerous to the security of the State or to public order. (.Ordinance of 13 August 1926.) RUMANIA.—The immigration is prohibited of persons who have been prosecuted for or convicted of crimes, abuse of confidence, embezzlement, swindling, fraud, theft, coining or uttering counterfeit coin, counterfeiting seals, unlawful withdrawal of a deposit, trafficking in children, attempts against good morals, or smuggling ; also persons suspected of being dangerous to public order, to the political organisation of the State, or to the national defence. The latter group are not even allowed to pass in transit over Rumanian territory. (Act of 11 April 1925, section 36.) RUSSIA.—The conditions of social organisation to be complied with by groups of immigrant agricultural workers allowed to install themselves within the territory of the Russian Socialist Federal Soviet Republic will be found in § 1, (g), of the present chapter. SALVADOR.—The Decree of 23 September 1926 prohibits the admission of dishonest gamesters (tahúres), thieves, vagabonds, prostitutes, persons who in a foreign country have been prosecuted for or convicted of piracy or arson, assassination, theft, rape, or falsification of any kind; and of persons who, on account of doctrines held or taught by them or in view of their conduct or antecedents are regarded as dangerous to social order or morality. Individuals belonging to illegal associations are also excluded. In order to enter the territory of Salvador, every person must submit documents testifying to his satisfactory conduct (sections 1 and 3). POLICE REGULATIONS 43 S E R B - C R O A T - S L O V E N E KINGDOM.—According to the instructions issued by the Minister of Social Affairs for the application of the Alien Workers Ordinance, dated 24 November 1925, work permits either of a temporary nature or for an unlimited period may be issued by way of exception to political refugees and alien deserters when enquiries concerning them have given favourable results. SIAM.—According to the Immigration Act of 11 July 2470 of the Buddhist Era (corresponding to 1927), persons of unsatisfactory morals and those regarded as a possible cause of disturbance or as being dangerous to the security of the State are not admitted to Siamese territory (section V, (5)). The Regulations dated 21 July of the same year lay down that such persons may, upon their arrival, either be interned in a place considered suitable pending their repatriation, or may be rejected immediately (section VII). The Siamese Government Report on Traffic in Women and Children for the year 4923-1924 states that ships transporting passengers coming from China are boarded by police officials, who proceed to an enquiry into all cases in which it is suspected that women or children have been enticed to Siam for immoral purposes. Women and children desiring to return to their homes are then sent back to Hongkong, where they are handed over to the police. They are subsequently repatriated to their own homes through the intermediary of the Hongkong Protector of Chinese, assisted by a private society. S O U T H AFRICA.—No person, whether British or alien, is permitted to land who, from information received from any Government, whether British or foreign, is deemed by the competent Minister to be undesirable. In particular, all persons living on prostitution or convicted of a criminal offence are refused admission or expelled after admission. (Immigrants Regulation Act, 1913, section 4, (e), (f), as amended by Act No. 37 of 1927.) SWEDEN.—Section 19 of the Act of 2 August 1927, relating to the stay of aliens in the country, prohibits the admission of alien gipsies, beggars, itinerant performers, animal showmen, or persons following a similar occupation. Aliens having come to the country for the purpose of earning their living are also excluded, if there is reason to suppose that they cannot do so honestly. Conditions of a moral character which may give rise to the expulsion of aliens already in the country (cf. § 2 of Chapter X) also constitute sufficient cause for their rejection upon arrival. These provisions do not apply to aliens who, having previously been Swedish subjects, have, owing to residence abroad or to some other cause, lost their nationality. They do, however, apply to persons having obtained some foreign nationality upon their own request (section 21). TURKEY.—The following categories are not admitted : persons having been convicted of homicide {political and military crimes excepted), anarchists, spies, and individuals who have been expelled from the territory of any country. Gipsies who are subject to Turkish authority may enter the country, but will be located in suitable places; those who are subjects of another country are either rejected upon arrival or are escorted over the frontiers. (Act No. 885 of 31 May 1926, section 2.) U N I T E D STATES.—According to the Immigration Act, 1917, section 3, the following classes are prohibited from entering the United States : persons who have been convicted of, or admit having committed, a felony or other crime or misdemeanour involving moral turpitude; polygamists, or persons who believe in or advocate the practice of polygamy ; prostitutes or persons coming into the United States for the purpose of prostitution or for any other immoral purpose ; persons who directly or indirectly procure or attempt 44 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT to procure or import prostitutes ; persons who are supported by or receive in whole or in part the proceeds of prostitution ; anarchists 1 ; persons who advocate the overthrow by force or violence of the Government of the United States or of all forms of law, who are opposed to organised government, or who advocate the assassination of public officials, or the unlawful destruction of property. It is, however, specifically laid down that the Act shall not exclude persons, if otherwise admissible, who have committed an offence purely political. The White Slave Traffic Act of 1910 (section 2) provides that any person who shall knowingly assist in the transportation of any woman or girl to the United States for immoral purposes shall be liable to a fine not exceeding 5,000 dollars or to imprisonment for not more than five years, or both. URUGUAY.—Persons engaged in itinerant occupations the exercise of which might be harmful tò the population may be rejected or expelled if the immigration authorities advise this course. The admission of gipsies is prohibited. Every immigrant arriving in Uruguay is required to produce a certificate of satisfactory character issued or visaed gratis by the Uruguayan consular agent at the port of embarkation. (Section 9 of the Immigration Act of 1890 and Decree of 18 February 1915.) VENEZUELA.—Admission to Venezuela is prohibited in the case of criminals, persons of known immorality, and persons having no honourable calling; those who have been convicted for offences against common law which are punishable under Venezuelan law, unless they have either completed their sentence or received a pardon; aliens whose presence may give rise to disturbance of the public peace or of international relations ; persons belonging to an association hostile to established order or who advocate the destruction by violence of constituted Governments or the assassination of national or foreign public officials. An extract from the Criminal Record or a document regarded as equivalent issued by the authorities of the country of origin or by the consul thereof, together with a certificate of good behaviour, must be produced by every immigrant. Persons convicted of political crimes are admitted, but are usually required to reside in some specially designated place; failing submission to this restriction, they become liable to expulsion. (Acts of 26 June 1918, 1 July 1923, and 23 July 1925.) A Decree dated 12 January 1925 declares that the aliens generally known as gipsies, of whatever nationality or origin, are inadmissible to Venezuelan territory. 1 The Act of 16 Oct. 1918, amended by the Act of 5 June 1920, gives particulars as to the exclusion and expulsion of aliens who are members of anarchistic and similar bodies. In addition to foreign anarchists, ail persons are excluded who are members of an organisation advocating opposition to all organised Governments, all who support doctrines aiming at the overthrow by force or violence of the Government of the United States, or of any other organised Government, or who advocate the assassination of any officer of the United States or other organised Government, or the unlawful destruction of property, or sabotage. Aliens who write, or eauso to be written, or distribute or print publications of the above character, or who are members of organisations for the publication or printing of such matter, are considered as anarchists. The donation or promise of money or other articles of value for these purposes is considered adequate proof that a person supports anarchist doctrines, or belongs to anarchist organisations. CONDITIONS OF TRANSPORT (c) 45 CONDITIONS O F TRANSPORT DURING T H E J O U R N E Y TO THE COUNTRY OF IMMIGRATION I t sometimes happens t h a t the conditions under which an intending immigrant has m a d e t h e journey render him inadmissible. Thus, Canada accepts only those immigrants who have travelled direct from their country of origin. Other countries refuse t o accept persons who have travelled a t t h e expense of a third p a r t y . I n t h e latter case, however, exceptions are usually m a d e in favour of the members of an immigrant's family, sent for a t his expense. The document certifying t h a t t h e ticket for the journey has been paid for in advance is sometimes known as a prepaid ticket. I n some countries a prepaid ticket m a y be issued either by a relative or by a friend. CANADA.—By the Immigration Act, 1910-1924, the Governor-inCouncil is empowered to prohibit by Proclamation or Order, whenever he deems it expedient, the landing in Canada or a t any specified port of entry in Canada of any immigrant who has come to Canada otherwise than by a continuous journey from the country of which he is a native or naturalised citizen, and upon a through ticket purchased in that country or prepaid in Canada (section 38, (a)). Under the powers thus conferred, an Orderin-Council (P. C. 23) was passed on 7 January 1914 providing that aliens must arrive in Canada by a continuous journey from their country of origin. The immigration is prohibited of persons to whom money has been given or loaned by any charitable organisation for the purpose of enabling them to qualify for landing in Canada, or whose passage to Canada has been paid wholly or in part by any charitable organisation, or out of public moneys, unless it is shown that the authority in writing of the Deputy Minister, or, in the case of persons coming from Europe, the authority in writing of the Assistant Superintendant of Immigration for Canada in London, has been obtained for the landing in Canada of such persons, and that such authority has been acted upon within a period of sixty days (section 3, (h)). CUBA.—Admission to the country is prohibited to immigrants whose' ticket for the journey has been paid for by some other person, society, or company. This prohibition does not apply in cases where the immigrant's ticket has been paid for by a member of his family in order to assist him to come and settle on the territory of the Cuban Republic. (Order No. 155, dated 15 May 1902, sections 1, 3, and 5.) U N I T E D STATES.—Persons whose tickets or passage are paid for with the money of others or who are assisted by others to come, unless it is affirmatively and satisfactorily shown that such persons do not belong to one of the excluded classes, and persons whose tickets or passage are paid for by any corporation, association, society, municipality or foreign Government, either directly or indirectly, are forbidden to enter the United States. (Immigration Act, 1917, section 3.) 46 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS. RIGHT (d) REGULATIONS RELATING TO R A C E , R E L I G I O N , OR NATIONALITY The immigration of individuals of certain races or nationalities is frequently prohibited. Measures of this nature usually relate t o Asiatics, especially Chinese, who are excluded from many American countries. Gipsies also are very often excluded; in the latter case, however, the prohibition is rather a measure of policy relating to nomads than one for the exclusion of a certain ethnical group. I t has, therefore, already been dealt with under (b) of the present section ("Police Regulations, including those relating to Moral Character"). I n some instances exclusion is not absolute, b u t the admission of individuals belonging to some particular race or nationality is made subject to special regulation. Such immigrants are required to deposit a stated sum of money or at least to prove t h a t they possess a certain minimum capital. I n other instances, admission is only allowed in the case of individuals engaged in certain occupations indicating a sufficiently high social position, e.g. members of the liberal professions, students, persons engaged in commerce, etc. ; in others, again, only such coloured labour as is required for certain definite tasks may be admitted. I n the countries where racial exclusion is provided for, individuals who were in the country before the respective exclusion laws were passed usually retain the right t o remain there, and are sometimes allowed to leave the country temporarily and t o return to it within a stated period in accordance with special formalities. I n such cases the descendents of these persons born in t h e country possess the nationality of t h a t country by birth, together with all rights attaching thereto, while other individuals of the same blood are not admissible as aliens. I t should also be noted t h a t even in countries where coloured races are admissible, persons belonging to them are not always treated on a footing of equality with individuals of white race. Coloured immigrants are sometimes subjected t o a stricter system of supervision, or are not allowed to benefit by certain legal advantages afforded to other immigrants. Thus, many of the countries where colonisation tends to expand (e.g. Latin America, Australia, etc.) reserve the facilities accorded for the acquisition of land, etc., for European colonists, or for those of the white races. REGULATIONS RELATING TO RACE, RELIGION, OR NATIONALITY 4 7 The exclusion of certain races or nationalities is sometimes arrived at indirectly, e.g. restrictions upon the right to immigrate are sometimes established in respect of individuals coming from certain determined geographical regions (exclusion of Indians, Indo-Chinese, Javanese, etc., from the United States), or in respect of those who are not eligible to acquire citizenship rights in conformity with the provisions governing naturalisation (exclusion of Japanese from the United States). The dictation test also subserves this end in Australia, where it is applied at the direction of the immigration authorities. Restrictions upon the admission of individuals belonging to certain races have been made the subject of a number of agreements, under which States whose nationals were threatened with exclusion by law have themselves undertaken to restrict the emigration of their nationals to the territory of the other contracting State, within certain limits laid down by the latter (cf. Vol. III). Traces of ethnical preoccupation are also found in provisions relating to preferential treatment accorded to immigrants of certain nationalities. Throughout the British Empire British subjects enjoy special advantages for the purpose of establishing themselves in some other part of the Empire than that in which they were born. The organisation of migration is in general less complete in colonial dominions subject to other States; it may nevertheless be said that, as a rule, the inhabitants of the mother-country enjoy preferential treatment for the purpose of establishing themselves in the colonies. Regarding preferential treatment of alien nationals, Canada supplies a fairly typical example : this country divides European countries of emigration into a series of categories (British Isles; preferred European countries; non-preferred European countries; other countries); the conditions of admission are more or less liberal according to the category under which the immigrant comes. In the same way, the immigration "quota system" applied by the United States is entirely built up upon differential treatment of European countries of emigration. The world war gave rise to emergency measures relating to the exclusion of certain nationalities; during the actual period of the war various prohibitions were enforced against aliens who were nationals of enemy States. These provisions were kept 48 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT in force by certain countries during the immediate post-war period; they have now almost completely ceased to exist. Some provisions also relate: to individuals having no nationality (heimatlose or apatrides) ; certain States object to the establishment within their territory of individuals who have no regular papers, whose identity is uncertain and whose expulsion, should this become necessary, would be rendered difficult owing to their position. It should be mentioned that arrangements are now being made to supply persons having no nationality with a document recognised by the contracting States, which will facilitate internationally their movements from one country to another; this is dealt with in Volume III. Whilst exclusion for ethnical reasons has increased considerably during the last few years, prohibition based solely upon religious considerations is rare. A few instances, however, may be noted, more especially those relating to the entry of religious communities and the admission of priests for the purpose of exercising their priesthood in the country. However, in some countries, priests are included among the classes of persons to whom restrictive immigration provisions do not apply. AUSTRALIAN M A N D A T I » TERRITORY : N e w Guinea.— According to Ordinance No. 35 of 1927, concerning the admission of German nationals, persons of German nationality who, prior to 9 May 1921,'were resident in the Territory are not allowed to re-enter it unless they liave obtained in advance the written consent of the Minister. Any person acting in contravention of this provision is liable to a fine or a term of imprisonment and may also be expelled. NEW ZEALAND MANDATED TERRITORY : Western Samoa.— The regulations for Chinese immigration in Samoa are embodied in the Samoa Immigration Order of 1924. I t is therein provided that any Chinaman introduced as a labourer, in accordance with any scheme approved by the Minister of External Affairs for the importation of such labourers and their service for a term of years, is thereby admissible. In addition, accredited officers of the Chinese Government, Chinamen landing in Samoa in pursuance of the authority of the Minister of External Affairs, or Chinese who satisfy a controller of customs that they are residents of Samoa returning after not more t h a n two years' absence, or that they were born in Samoa, are allowed to enter without further stipulation. All other classes of Chinese are forbidden to land unless they have obtained a permit issued by a controller of customs. Such a permit is granted when : (1) the controller is satisfied that the Chinaman is able to read and understand a printed passage in the English language of not less than a hundred words selected by the controller; and (2) the Chinaman pays a sum of £100 to the Samoan Treasury. The word "Chinaman" is interpreted to mean any person, whether male or female, and whether a British subject or an alien, belonging to the Chinese race, and includes a half-caste Chinaman and a person intermediate in blood between a half-caste and a person of pure descent from the Chinese race, REGULATIONS RELATING TO RACE, RELIGION, OR NATIONALITY 49 and also includes any native of China or its dependencies or of any island in the China Seas other than a native of pure European descent (section 12, (1), (2), (3), (4)). The same Order provides that no person who was born, or whose father was born, in any place which on 4 August 1914 was within the limits of the German Empire in Europe or the monarchy of Austria-Hungary shall land in Samoa without a licence from the Administrator (section 4, (1)). I t is further provided that Part I of the Immigration Restriction Act, 1920, of New Zealand shall apply to Western Samoa as if that Territory were part of New Zealand (see below, New Zealand). AUSTRALIA.—The Immigration Act, 1901-1925, provides that any person who, when asked to do so by an officer, fails to write out from dictation and sign in the presence of the officer a passage of fifty words in any prescribed language is prohibited from landing in Australia (section 3a). This provision has the effect of restricting the immigration of Asiatics into Australia. Arrangements may be made with the Government of any country regulating the admission into Australia of the subjects and citizens of such country, and such persons are not required to pass the dictation test (section 4a). An agreement known as the "Gentleman's Agreement" was concluded upon this matter between the Australian and Japanese Governments in 1904. No regulations for the prescribing of languages have any force until they have been sanctioned by both Houses of Parliament (section 3a). Persons who fail to pass the dictation test may be allowed to enter the Commonwealth provided that they deposit with the immigration officer a sum of £100 and obtain within thirty days a certificate of exemption from the Minister (section 6). Any immigrant may be required to pass a dictation test at any time within two years after he has entered the Commonwealth (section 5, (2)). A quota system has been set up regarding the entry into the Commonwealth of Serb-Croat-Slovene, Greek, and Albanian subjects, whereby not more than 100 of each nationality may land in Australia in any one month K An arrangement has been arrived at with the Italian Government under which passports are issued to Italian migrants proceeding to Australia only if they possess at least £40 or have been nominated by residents in Australia who undertake to support the migrants until they obtain employment. Maltese immigrants who comply with the regulations are admitted on condition that sailings are so controlled as to ensure that not more than 20 Maltese land from the 2same vessel or during the same month in any port of the Commonwealth . Under the Pacific Island Labourers Act, 1901-1906, no Pacific Island labourer may enter Australia (section 3). The term "Pacific Island labourer" . includes all natives not of European extraction of any island, except the islands of New Zealand, situated in the Pacific Ocean beyond the Commonwealth (section 2). The Minister for External Affairs or any officer authorised by him may grant a certificate to any Pacific Island labourer exempting him from all or any of the provisions of the Act. A certificate is issued to a Pacific Island labourer who proves to the satisfaction of the Minister : (1) That he was introduced into Australia prior to September 1879; or (2) That he is of extreme age, or is suffering from such bodily infirmity as to be unable to obtain a livelihood if returned to his native island; or 1 Communication from t h e Director of Migration and Settlement, Australia House, London, t o t h e International Labour Office, 25 March 1925. 2 MALTA : Report on Emigration and Unemployment, 192G, section 59. 4, 50 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT (3) That having been married before 9 October 1906 to a native of some island other than his own, he cannot be deported without risk to the life of himself or his family ; or (4) That he was married before 9 October 1906 to a female, not a native of the Pacific Islands; or (5) That he was on 1 July 1906, and still is, registered as the beneficial owner of a freehold in Queensland ; or (6) That he was continuously resident in Australia for a period of not less than twenty years prior to 31 December 1906. (Pacific Island Labourers Amendment Act, 1906, sections 2, (1), and 2, (2).) Moreover, the Act does not apply to persons employed as the crew of a ship and persons possessed of certificates of exemption under the Immigration Act, 1901-1925 (cf. § 3 of the present chapter). Subject to these exemptions, a Pacific Island labourer may be deported from Australia. (The Pacific Island Labourers Act, 1901, section 8, (2).) CANADA.—By the Immigration Act, 1910-1924, the Governor-Generalin-Council may prohibit or limit in number the landing in Canada of immigrants belonging to any nationality or race, by reason of any economic, industrial or other condition temporarily existing in Canada, or because they are deemed unsuitable, having regard to the climatic, industrial, social, educational, labour or other conditions or requirements of Canada, or because they are deemed undesirable owing to their peculiar customs, habits, modes of life, and methods of holding property and because of their probable inability to become readily assimilated or t o assume the duties and responsibilities of Canadian citizenship within a reasonable time after their entry (section 38, (c)). I n virtue of this provision, an Order-in-Council (P. C. 182) dated 31 January 1923 states that the landing of any immigrant of any Asiatic race is prohibited, except that the immigration officer may admit an immigrant who is : (1) A bona fide agriculturist entering Canada to farm and with sufficient means to begin farming ; (2) A bona fide farm labourer who has reasonable assurance of employment as such ; (3) A female domestic servant who has reasonable assurance of employment as such; (4) The wife or child under eighteen years of age of any person legally admitted to and resident in Canada who is in a position to receive and care for his dependants. All such immigrants except those coming within paragraph 4 must possess 250 dollars as a condition of obtaining permission t o land. This regulation does not apply to the national or any country in regard to which there is in operation a special treaty, agreement or convention regulating migration. Chinese immigrants are covered by a special Act known as the Chinese Immigration Act, 1923, which provides that the landing in or entry into Canada of persons of Chinese origin or descent, irrespective of allegiance or citizenship, is confined to the following classes : (1) The members of the diplomatic corps, or other Government representatives, their suites and their servants, and consuls and consular agents ; (2) The children born in Canada of parents of Chinese race or descent, who have left Canada for educational or other purposes, on substantiating their identity to the satisfaction of the controller at the port or place where; they seek to enter on their return ; (3) (a) Merchants ; (b) Students coming to Canada for the purpose of attendance, and while in actual attendance, at any Canadian university or college authorised by statute or charter to confer REGULATIONS RELATING TO RACE, RELIGION, OR NATIONALITY 51 degrees, who substantiate their status to the satisfaction of the controller at the port of entry. No person of Chinese origin or descent may enter or land in Canada except a t a port of entry (section 6). Every transport company carrying Chinese in transit through Canada must give a bond for every Chinese person carried to cover the penalty for failure to comply with the regulations of the Governor-in-Council in this respect (P.C. 1273, section 2), or, in place of such bond, a deposit of $1,000 for each person (P.C. 1273, section 4).- The transport company carrying such persons of Chinese origin through Canada shall keep them in in thè car in which they travel until their arrival at the port of exit, and there they shall be detained in the building provided for that purpose until they are taken on board the vessel in which they are going to depart (P.C. 1273, section 8). The general regulations made by the Governor-General-in-Council on 31 January 1923 (P.C. 183) (see Chapter I I I , § 1, (g)), which permit the immigration of female domestic servants, farm workers, and relatives of persons residing in Canada, do not apply to immigrants belonging to any Asiatic race. All the provisions of the Immigration Act not repugnant to the Chinese Immigration Act, 1923, apply as well to persons of Chinese origin (section 79 as amended by the Immigration Act of July 1924). Japanese immigration is regulated by a "Gentlemen's Agreement" (cf. Volume III). Indian immigration is, in practice, restricted by the necessity for arriving in Canada by continuous journey (cf. (c) of the present section). On the other hand, more favourable conditions of admission are applied to the Citizens or subjects of certain countries known as the "preferred" countries. These countries are Belgium, France, Germany, the Netherlands, the Scandinavian countries, and Switzerland \ Citizens or subjects of these countries are admissible to Canada, provided they are : (1) in good physical and mental health; (2) literate; (3) of good character; (4) travel t o Canada direct from their country of birth or citizenship; (5) are in possession of a valid passport issued in and by their country of citizenship (which must be presented within one year of the date of issue and must provide for the holder to return to his own country at any time) ; and (6) are proceeding to assured employment, not necessarily farming, or possess sufficient funds to maintain themselves until they procure employment 2 . COLOMBIA.—Colombian legislation, while it does not explicitly lay down that persons belonging to certain specified races are inadmissible, provides that exclusion may be enforced in certain cases foT ethnical reasons. Act No. 114, of 30 December 1922, lays down in section 1 that, in order to ensure the economic and intellectual development of the country, the Government will encourage the immigration of individuals and families 1 Three distinct categories of European countries are recognised for the purpose of admission of their nationals, the conditions for these being more or less liberal in the following order : (a) "preferred countries", the list of which is given above; (b) "nonpreferred countries", comprising Austria, Czechoslovakia, Poland, Hungary, Serb-CroatSlovene Kingdom, Ruthenia, Lithuania, Estonia, Russia, and Danzig; (e) "other countries". Apart from the fact that they receive no financial assistance, immigrants coming from "preferred countries" are admitted upon the same conditions as British colonists except that they are required to undergo civil examination at the port of embarkation. Immigrants from "non-preferred countries" must be agriculturists or domestic servants holding an occupational certificate, and must undergo a civil as well as a medical examination. Nationals of "other countries" must apply in advance to the Canadian Government for an immigration permit; after examination of each individual case, a special landing permit is issued to such immigrants as are approved. 2 Communication from the Canadian Director of European Emigration in London. 52 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT whose racial condition cannot necessitate the taking of precautions against their settlement. Section 11 lays down that immigration agents shall not authenticate the passports of persons who, for ethnical reasons, are the object of precautionary measures on Colombia's part, as admission to her territory is still prohibited to persons whose immigration might prove harmful to the preservation and improvement of the race. Act No. 74 of 30 November 1926, relating to the development of colonisation and immigration, contains provisions for the regulation of the subsidised immigration of Europeans sent for in accordance with contracts concluded with public services of the country. This Act lays down t h a t the prohibitions contained in the Acts previously cited do not apply to individuals, of whatever race, who are subjects or citizens of a country having concluded with Colombia a Settlement Treaty permitting them to enter the country and to reside in it for the purpose of following an honest trade or undertaking paid manual work (section 46). C O S T A RICA.—The Act of 22 May 1897 forbids absolutely the immigration of individuals of Chinese nationality; it excepts, however, Chinese already established in the country, who are free to leave it and to return as they please. This prohibition was renewed by the Act of 15 January 1912. In order to return to Costa Rica, Chinese who were already established in the country prior to the date when Chinese immigration was prohibited, and who may leave it temporarily, must obtain a passport duly visaed by the Director of Customs and the Governor either of the port of Limón or of Puntarenas, the only two authorised ports of exit for such persons. The passport must bear a photograph of the Chinese holder countersigned by the competent official, as well as the holder's finger-prints. The passport is burned upon the holder's return in the presence of the three officials who drew it up, and a note of this proceeding is made by these officials in the special register kept for the purpose of controlling the entry and exit of Chinese persons. (Decree dated 11 December 1924, sections 14 to 17.) The Act of 22 May 1897 also empowers the executive authority to prevent the immigration of persons of other races who, in the opinion of that authority, might be harmful t o the progress or well-being of the country. These powers were made use of to prohibit the immigration of Arabs, Turks, Syrians, and Armenians by the Decree of 16 June 1904. However, a supplementary Act of 21 July 1906 authorised individuals belonging to these races who were already established in the country prior to the date of the prohibition to remain in it, and also recognised their right to leave and re-enter it. The same Act empowered the Government, if it sees fit, to grant special entry permits to the father, mother, husband or wife, or descendants of persons already established, provided that satisfactory proof of the relationship is forthcoming. More recently, the provisions of the aforesaid Act were rendered less strict by the Act of 29 June 1910, which permits the entry of .persons of Arab, Turkish, Syrian, or Armenian race provided : (a) that they are of good behaviour and can give satisfactory proof thereof to the police secretariat; and (b) that at the time of their entry they are in possession of a sum of money equivalent to 1,000 colons 1; their wives and children under eighteen years of age are admitted with them. A Decree dated 26 October 192£> prohibits the landing in Costa Rica of coolies coining from India, the term "coolies" being defined as meaning "Indian workers engaged under contract". Well-conducted Indians who are physically able to work and are admissible from other points of view are allowed to enter Costa Rica with their wives and children under eighteen years of age, on condition that they are in possession of a sum of money 1 One colon = 1 about.05a. REGULATIONS RELATING TO RACE, RELIGION, OR NATIONALITY 53 amounting to not less than 1,000 colons and that the authorities grant them a permit after having examined the position. The establishment of religious communities on Costa Rican territory is absolutely prohibited (Acts of 22 July 1884 and of 5 June 1894). However, Sisters of Charity are allowed to enter freely, without any restriction on their number, provided that they come for the purpose of devoting themselves to the establishment of philanthropic institutions (idem, section 4). CUBA.—Decree No. 570, of 27 April 1926, fixes conditions for the admission of Chinese nationals to the Cuban Republic and for their residence there, concerning which difficulties of interpretation had arisen over the Decree of 11 November 1915. In accordance with Military Order No. 155,dated 15 May 1902, the 1926 Decree confirmed the prohibition of the entry of all Chinese subjects and all individuals of Chinese origin not coming under the following exceptions : (a) Diplomatic and consular officials of the Chinese or any other Government, who are travelling on the business of their Government; (b) Secretaries and household servants of the afore-mentioned officials; (c) Chinese merchants returning to Cuba in order to carry on the business which they have established there; these persons are required to prove to the satisfaction of the Immigration Commission their rank or station, the existence of their business, its nature, and its value ; (d) Chinese commercial travellers or merchants who come for the purpose of their business; in such case, they are called upon to state the reasons for which the voyage is undertaken, giving details of the nature and value of their business and the firm's registration number; the Immigration Commission is competent to permit them to enter, and to fix the period for which they are allowed to stay. It has also to fix the amount of the security which they are called upon to deposit, and which may not exceed 1,000 pesos 1 in metallic currency ; (e) Chinese theatrical artists may enter Cuba temporarily upon proving the existence of a contract drafted in Spanish, English, or French, duly authenticated before a Cuban consul, if they deposit security amounting to 1,000 pesos in metallic currency and fulfil the various conditions established for the admission of theatrical artistes ; (J) Chinese merchants and commercial travellers who were already in Cuba at the date of the first Exclusion Act (14 April 1899) and have retained their domicile in the country. Chinese belonging to categories (c) and (f) are entitled to leave the country and to return freely to Cuba if they hold a certificate proving their rank or station; but their absence must not exceed eighteen months. Chinese established in Cuba with a regular permit, the date of which is subsequent to 15 May 1902, lose all right to reside in the country if they absent themselves. By the Decree of 2 April 1927, an exception is established in favour of agricultural or industrial workers arriving under the system provided for by the Act of 3 August 1917 2, who, after the expiration of their contract and prior to the promulgation of Decree No. 570, have established themselves as merchants ; and any other Chinese who having come in conformity with section VIII of Order No. 155 of 1902 had established themselves as merchants prior to the promulgation of the aforesaid Decree. Chinese admitted temporarily by way of exception upon condition that 1 One Cuban peso = approximately 4s. 2d. This Act, which was repealed in 1922, provisionally authorised the immigration of workers without distinction of race, especially agricultural labourers recruited for the needs of Cuban undertakings. 2 54 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT they should not undertake any manual work and that their stay should not exceed six months on Cuban territory, and who have failed to comply with their obligation, having either worked or exceeded the permitted period, are re-embarked, and the price of the journey subtracted from the amount deposited by them as security, the balance being retained as a fine. Individuals of Chinese race found upon the territory after having entered the country illegally are obliged to appear before a "correctional court" ; and, if they are then unable to prove their right to enter and remain in Cuba, they are compulsorily re-embarked for their country of origin at the expense of the Government. If :it is found t h a t another person has sent for them or has assisted them to enter Cuba, such person is declared responsible and must meet the expenses occasioned by the enquiry or re-embarkation. ' Chinese arriving on Cuban territory who are in possession of the certificate issued by the Immigration Department, and who nevertheless cannot be permitted t o land owing to failure on their p a r t t o fulfil other conditions for admission laid down by law, are re-embarked for their country of origin, their voyage being paid for out of the amount which they have deposited as security, or a t the expense of the ship by which they travelled. The names of Chinese belonging to categories which may be admitted by way of exception or temporarily are entered in a special register, with details of the conditions under which they were allowed to enter for the period of their stay. A certified copy of the entry, bearing the photograph of the person concerned, is handed to every such person and must be produced upon request. (Decree No. 570, dated 27 April 1926.) ECUADOR.-—By Decree dated 14 September 1889, the entry of Chinese was prohibited, but those who were already established in the country were allowed to remain, the Government reserving the right of expulsion. The Act of 18 October 1921 confirms these provisions in section 29. The Constitution of 1897, Article 37 of which establishes the right of aliens to be admitted, nevertheless excludes religious communities from this right. Ecclesiastics not having been born in Ecuador may not exercise their priesthood in the country and are not allowed to administer monastic property. FRANCE : Colonies.—In the various colonies and protectorates forming French Indo-China special provisions exist concerning the settlement of Asiatic aliens or Chinese. These persons have to be grouped according to origin, dialect, and religion in immigrants' groups (each of which is responsible for its members) known as congregations. For information regarding the organisation of these congregations, cf. Chapter X I , § 5 ("Registration of Immigrants"). Every such person must, upon landing, join one of these congregations, failing which he is expelled. The congregations are free to accept or to refuse new members who may apply for admission. For the purpose of these provisions, Asiatic aliens or persons assimilated to them are defined as follows : (a) Subjects of powers in whose territory France exercises a right of extra-territoriality by virtue of existing treaties ; (b) Subjects or dependants of foreign Powers to whom the legislation of their own country does not recognise full civil and national rights. I n Cochin-China there is a special system to regulate the immigration of alien natives who arrive in the Colony with a regular contract of employment, executed in the presence of a competent authority, with a European colonist approved by the authorities ; persons engaging such natives are required to fulfil in regard to them all the obligations and responsibilities usually imposed upon the chiefs of the respective congregations. They must take charge of their Chinese workers when they land. REGULATIONS RELATING TO RACE, RELIGION, OR NATIONALITY 55 Asiatic aliens coming for a short stay only are exempted from certain formalities (cf. Volume I, Chapter XIII). (Annam.—Order of 28 April 1926 relating to permanent or temporary residence of Chinese. Cambodia : Order of 15 November 1919, as amended by the Order of 30 March 1925, relating to Asiatic aliens. Cochin-China : Order of 25 January 1890 and Order of 16 October 1906 relating to Asiatic immigration to Cochin-China. Tonquin : Order of 12 December 1913, as amended by the Orders of 19 August 1920 and 11 November 1924, relating to Chinese immigration to Tonquin.) In the old colonies of Guadeloupe, Guiana, and Reunion, as also in the French Establishments in Oceania and in Madagascar, the immigration system applied to coloured races differs from that applied to Europeans ; persons belonging to coloured races and recruited collectively are required to live under a contract of service, at least during a certain number of years. In New Caledonia native immigrants are subjected to very strict police regulations ; and, on the other hand, special protection is afforded them. The immigration system for natives under contract is considered in § 2 and § 3 of Chapter VI, and the special provisions relating to their stay in Chapter X L For Madagascar, a Decree dated 17 August 1923 establishes in addition the system of registration in congregations of immigrants belonging to Asiatic or African races. When such persons arrive singly they are required when landing, to make application for membership of the congregation already established in the province where they wish to settle. The congregation is at liberty to refuse admission to any new applicant for whom it does not wish to accept responsibility; in such case the immigrant is placed under police supervision (section 1). Further, Asiatic and African immigrants are required to pay a supplementary tax, i.e. in addition to the ordinary occupational tax (sections 2 and 4). G R E A T B R I T A I N : Colonies.—In Nyasaland and Northern and Southern Rhodesia the immigration is prohibited of any person who is deemed by the Governor on account of standard or habits of life to be undesirable. Nyasaland : Immigration Ordinance, No. 17 of 1922, section 4. Northern Rhodesia : Immigrants Regulation Proclamation, No. 15 of 1915, section 2, (1). Southern Rhodesia : Immigrants Regulation Act, No. 7 of 1914, section 2, (1.) In these same colonies also the immigration is prohibited of any person who is unable by reason of deficient education to read and write any European language to the satisfaction of an immigration officer; and this provision has the effect of restricting the immigration of Asiatics. The colony of Jamaica has a dictation test similar to that of Australia. Persons who fail to pass the test may, however, be admitted if they deposit a certain sum with the immigration officer and obtain a certificate from the Governor. (Immigration Restriction Law, No. 36 of 1919, sections 4, (a), and 5.) By the Non-Asiatic Immigration Ordinance, No. 4 of 1890, section 2S the Governor-in-Council of British Guiana is empowered to authorise the introduction of persons from outside Asia for the performance of agricultural and other services. GUATEMALA.—By Decree No. 875 of 15 September 1924 Guatemalan consuls are forbidden to affix a visa to the passport of a Chinese person, or in general of any individual belonging to a Mongolian race, with the exception of those who have obtained from the Minister of Foreign Affairs in Guatemala a passport bearing the authorisation to return to Guatemala. Except. those having previously acquired a right to reside in the country, all other persons of the races referred to above are declared by the Immigration Acts to be undesirable immigrants (section 11). Regarding persons of negro race, their admission to Guatemala (and, in 56 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT consequence, the visa for their passports) is made subject to the deposit of 200 gold pesos as security with the consul who issues the visa. The receipt given for such deposit must be produced by the interested party upon arrival in the country, failing which he will be rejected. The right to claim reimbursement of the sum deposited expires if the interested party remains in Guatemala for more than six months (sections 13 to 16). HUNGARY.—By various Ordinances, Nos. 8352 of 1920, 684 of 1921, 11190 of 1926, and more recently, No. 21404 of 7 January 1927—ex-nationals of the Kingdom of Hungary domiciled in former Hungarian provinces are forbidden to come and settle on Hungarian territory as it exists at present. However, permits to reside in the country may be issued in exceptional cases to persons belonging to the category in question. Such a permit may be recalled at any time. INDIA.—The entry and residence of British subjects from parts of the British Empire other t h a n Great Britain are regulated differently from that of British subjects from Great Britain. By virtue of Act No. I l l of 1924, the Governor-General-in-Counci] is empowered to issue, in respect of persons domiciled in any British possession, the necessary regulations so t h a t such persons shall not enjoy, for the purpose of entering and settling in British India, rights and privileges superior to those accorded by the laws and regulations of the said possession to individuals domiciled in India (section 3). I n cases where persons are suspected of being domiciled in the aforesaid British possessions and thus of coming under the restrictive provisions, the onus lies upon such persons to produce proof of the justice of their claim (section 5). J A P A N : Formosa.—Ordinance No. 68 of 24 September 1904, as amended by Ordinances No. 25 of 1915 and No. 198 of 1920, deals with the supervision of Chinese workers. The regulations issued for this purpose have been analysed in several chapters (in Chapter III, § 1, (b) and (i) ; Chapter VII; Chapter VIII, § 6; Chapter X , § 1 and § 2; Chapter X I , § 4). Chinese workers may land on the Island and engage in manual work under the conditions fixed by the Ordinance (section 1). Chinese workers are described in section 2 as those who engage in agriculture, fishing, mining, in mechanical industry, in the building trade, in manufactures, in transport, carting, as dockers, or in other manual work. LATVIA.—Security may be required to be deposited by persons without nationality (Heimatlose) entering the country ; the Minister of the Interior is competent to exempt them if he sees fit. (Act of 7 March 1927, section 4.) MEXICO.—By virtue of the powers conferred upon him under section 65 of the Migration Act, the Minister of the Interior has suspended, as from September 1927 up to the end of 1929, the admission of "immigrant workers" (for a definition of this term, see Chapter I I , § 1) of Syrian, Lebanon, Armenian, Palestinian, Arab, or Turkish origin. Nevertheless, a person of such origin whose husband or wife, father or mother, ascendant, or child has previously immigrated to Mexico in a regular manner is exempted from the application of this provision, provided that such relative is leading an honourable life in Mexico and possesses certain resources; persons who are in possession of a capital of not less than 10,000 pesos * upon their arrival are also exempted. Mexican consuls in foreign countries may not affix a visa or issue an identity card during this period to applicants who come under the temporary prohibition. (Order of 8 July 1927.) 1 One Mexican peso = approximately 2s. Id. REGULATIONS RELATING TO RACE, RELIGION, OR NATIONALITY 57 The admission of Chinese workers was limited by an agreement to regulate their immigration, concluded between the Mexican and Chinese Governments in 1921 (cf. Vol. III). NETHERLANDS : Colonies.—Dutch Indies. According to section 20 of Order No. 32, dated 15 October 1915, its emergency provisions and final provisions, Ordinance No. 1, S. 694, dated 29 November 1917, and later amendments to these texts, "Oriental" aliens (oostersche; for a definition of this term, cf. § 1 of Chapter II) when recruited under contract to work for the account of the Government or for that of undertakings indicated by the Governor—as a rule, large industrial, commercial, or agricultural undertakings, public works or transport—have to comply with admission and residence regulations which differ from those applying to persons of other races. Oriental aliens so recruited are placed upon the same footing as natives of the Colony; and in such case the Governor-General's Ordinances regulating the work of coolies become applicable to them. They are not required to pay the landing fee, and are recruited in accordance with the provisions governing native workers; these provisions vary slightly from one district to another. In order that a general idea of the system may be gained, the present study contains an analysis (cf. more particularly Chapter VI, § 2 : "Recruiting") of the Coolie Ordinances of the West Sumatra Coast, which have a very wide field of application and may thus serve as an example. In eases where Oriental aliens enter as free immigrants, they come under the general system applicable to aliens (Order No. 32 of 15 October 1915 and a later Ordinance). They are required to pay a landing fee and to register themselves in accordance with the procedure laid down in t h a t Order. Alien coolies entering the Dutch Indies under a native labour contract who, upon the expiration of their engagement, desire to remain in the Colony, may, if they have lived there under contract for three years, obtain a residence permit upon the same conditions as ordinary aliens and Dutch nationals from the mother-country, who come under Admission Order No. 32, dated 15 October 1915. Alien coolies who have worked on the tobacco plantations may, if the local authorities so decide, be given a residence card at the end of one season. (Ordinance of 29 November 1917. LS. 694.) NEWFOUNDLAND.—Chapter 79 of the Consolidated Statutes of Newfoundland, 1916, entitled "Of the Immigration of Chinese Persons", stipulates that every person of Chinese origin entering the Colony must pay a tax of $300 except the following classes : (a) Members of the diplomatic corps or other Government representatives, their suites and servants, and consuls and their families ; fb) Clergymen and their families, tourists, men of science and students, merchants and their families. In the case of a person of Chinese origin who is the personal attendant or servant of a British subject, the tax payable may be refunded to the person paying it on his furnishing satisfactory evidence that the Chinese attendant or servant is leaving the port of entry with his employer or master on his return to China. A woman of Chinese origin is, for the purpose of this Chapter, considered to be of the same nationality as her husband (section 1). The master of any vessel bringing Chinese immigrants to the Colony is personally liable for the payment of the head t a x (section 8). He may not land any person of Chinese origin, or permit any to land, until a permit to do so, stating that the provisions of the Act have been complied with, has been granted to the master of the vessel by the proper officer (section 3). The sub-collector or other proper officer shall deliver to each Chinese immigrant for whom the tax has been paid, and who has been permitted to land, a certificate containing a description of such individual, the date of 58 THE RIGHT TO. IMMIGRATE AND RESTRICTIONS ON THIS RIGHT his arrival, the name of the port of his landing, and an acknowledgment that the duty has been duly paid. Such certificate shall be evidence that the immigrant has complied with the requirements of the Act (section Q). Moreover, by the same Chapter the Governor-in-Council is empowered to make such regulations as are necessary to prohibit the entry of any greater number of persons from any foreign country than the laws of the country permit to emigrate to the Colony (section 18). By section 12 of the Immigration Act, 1926, the Governor-in-Council is empowered to prohibit by Proclamation, for a stated period or permanently, the landing in the Colony of immigrants belonging to any race deemed unsuited to the climate or requirements of the Colony. N E W ZEALAND.—As stated below in § 2, no person, other t h a n a person of British birth and parentage, is allowed to enter New Zealand unless he has applied for and obtained from the Minister of Customs a special permit prior to arrival in the country. . . Application for a permit must be made in the prescribed form and sent to the Minister of Customs. On this form the applicant must give particulars concerning his birth and parentage, his reasons for undertaking the journey, his family, means of existence, etc. A person is not considered to be of British birth and parentage by reason that he or his parents are naturalised British subjects, or by reason that he is an aboriginal native or the descendant of a n aboriginal native of any dominion other t h a n the Dominion of New Zealand or of any colony or other possession or of any protectorate of Great Britain. The usual exceptions in favour of members of a diplomatic corps, soldiers and seamen are, however, provided for. Moreover, tourists and business men staying in New Zeals.nd for a period not to exceed six months may be exempted from obtaining a permit in advance ; and the GovernorGeneral has very wide powers which enable him, by the issue of a simple Order-in-Council, to make exceptions in this respect in favour of immigrants of any particular nationality. (Immigration Restriction Amendment Act, 1920, P a r t I, and Immigration Restriction Act, 1908, section 13.) However, with the exception of British subjects, members of the diplomatic corps and alien soldiers or seamen, any immigrant entering New Zealand, Whatever may be the period of his stay or the object of his visit, and even if he has acquired domicile in the country, must before landing take the oath of obedience to the laws of New Zealand, and must swear that he will not take part in any act contrary to such laws or of disloyalty to the King. (Immigration Restriction Amendment Act, 1920, Part I I , and Immigration Restriction Act, 1908, section 13.) As regards the subjects of ex-enemy countries (Austria-Hungary an4 Germany) and aliens born in any place which on 4 August 1914 was within the limits of the German Empire in Europe or within the limits of the Austro-Hungarian Monarchy (with the exception of those who, having their domicile in New Zealand, have not been absent from the country for a longer period than two years), the Act of 1919 relating to undesirable immigrants lays down that they may not be allowed to land in New Zealand until they have obtained the permission of the Attorney-General. (Undesirable Immigrants Exclusion Act, 1919, section 4.) Regarding Chinese immigrants, the Act of 1908 lays down that no vessel shall bring to any New Zealand port a number of Chinese passengers exceeding a proportion of one such person for every 200 tons of her tonnage. Further, the master of any vessel bringing Chinese passengers to a New Zealand port muât hand to a customs officer a detailed list of such Chinese persons, containing their names, place of birth, apparent age, and place of last residence ; and must make a payment to such official of £100 in respect of every such Chinese person. Fulfilment of this requirement must be attested by a certificate in due form issued by the customs officer in question. Exceptions are provided for in the cases of persons holding official positions, seamen, etc., and facilities for re-entering the country are granted to Chinese BEGULATIONS RELATING TO RACE, RELIGION, OR NATIONALITY 59 settled in New Zealand prior to 30 March 1882, and who desire to absent themselves temporarily from the country. (Immigration Restriction Act, 1908, Part III.) PANAMA.—According to Act No. 13 of 23 October 1926 (sections 1, 2, 3, 15, and 16) and the Act of 31 January 1927, admission to the territory of Panama is prohibited in the case of Chinese, Japanese, Syrians, Turks, Indians (from the East Indies, of the Indian race, and of Dravidian race), and negroes from the West Indies and Guiana territories whose maternal tongue is other than Spanish. The above-mentioned aliens are not admitted as immigrants even if they were born or have"" been naturalised in a country other than their country of origin; but an exception is made in favour of individuals who are nationals of one of the countries members of the PanAmerican Union. Nationals of countries which refuse admission to Panama nationals are also refused admission, for the same reasons giving rise to the exclusion of Panama nationals by such countries. Nevertheless, the Executive Authority may permit the immigration of aliens natives of the West Indies, if the person requesting such alien's admission can prove : (a) That sufficient workers of the class required to accomplish the work for which the alien's services are being sought do not exist in Panama ; (b) That such work is either of public utility or is of an agricultural nature ; (c) That the wages offered to the immigrants are not lower in amount than those for the time being in force for national workers, and for alien workers coming from other countries. The immigrants admitted under these conditions, or some other person acting on their behalf, must guarantee to the satisfaction of the Executive Authority that in case of need they undertake to pay hospital and maintenance charges which may accrue in respect of such immigrants during their stay upon the national territory, and that the person interested in their immigration or the person employing them will return them t o their country of origin upon completion of their service. The said immigrants must produce annually to the chief of police (alcalde) of the district in which they reside their residence card (cédula de vecindad) for the necessary visa and to be furnished with a stamp value one balboa. Persons coming under the excluded categories may nevertheless be allowed to enter the territory in transit for some other country under certain conditions (cf. Volume I, Chapter XIII). Exceptions are also allowed in favour of aliens employed on the Panama Canal; the provisions of Treaties relating to the Panama Canal are applicable to them whatever may be their race or nationality. Aliens belonging to the excluded races who were established in the country at the time when the preceding provisions came into operation were required to prove their nationality by means of official papers during the year following the promulgation of the Act, in order to receive the special residence card (cédula de vecindad) ; failing such declaration they are liable to a fine or imprisonment. Further, they must produce their card annually to the Governor of the Province in which they reside, for his visa. Persons who inform against refractory immigrants of this class are entitled to receive one-half of the fine or fines imposed as the result of such denunciation. An individual so established prior to the passing of the Exclusion Act cannot obtain a passport which will enable him t o leave the country temporarily and afterwards return to it, unless : (a) prior to the coming into force of Act No. 13 of 1926 he married a Panama woman; or (b) he possesses in the country real estate inscribed in his own name in the Land Register; or (c) he offers irrefragable proof that he has resided in the country for at 60 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT least ten years, that he follows a trade or is employed there, and that during the whole of his stay he has been of good behaviour. He is then supplied with a passport which must bear his finger-prints for indentification purposes. Aliens belonging to this category, if they either smoke opium or trade secretly in the drug, or if they have been condemned to corporal punishment for infraction of the laws and decrees prohibiting games of chance or offences against common law, or if they have three times been fined for failure to present their card regularly for inspection, are expelled from the territory. If they fail to obey an expulsion order immediately, they are condemned to hard labour for six months, and are then expelled. (Administrative Code, section 1851.) PARAGUAY.—Section 14 of the Act of 30 September 1903 prohibited the admission to Paraguay of persons of yellow or black race, and gipsies. Act No. 691 of 31 October 1924, which amends this section, does not, however, confirm the aforementioned exclusion. PERU.—A Decree dated 14 May 1909 suspended the immigration of Chinese. This Decree resulted in difficulties between China and Peru, and a protocol was signed on this matter between the two countries on 28 August 1909 (cf. Volume III). S O U T H AFRICA.—The Immigrants Regulation Act, 1913, applies equally to all races, classes and religions, but by section 4, (1), (a), the Minister of the Interior is empowered to certify as prohibited immigrants persons, or classes of persons, whose presence for economic or other reasons is considered undesirable. Under a certificate of the Minister, issued in virtue of the above section, Asiatics, with the exception of wives and children of domiciled relatives, are prohibited from entering the Union. The movement of Asiatics is also restricted to the province in which they are resident 1 . TURKEY.—According to Act No. 885, dated 31 May 1926, the admission of individuals not of "Turkish race" coming from abroad for the purpose of settling in Turkey is prohibited. Exceptions to this provision are made in favour of persons coming in accordance with the terms of a special convention (sections 2 and 5). U N I T E D STATES.—Section 13 of the Act of 1924 provides that no alien ineligible for citizenship may be admitted to the United States unless he (1) is returning from a temporary visit abroad, (2) is a minister, professor, or student, or (3) is a non-immigrant (cf. Chapter I I , § 1). The wives and children of ministers and professors may also be admitted. Eligibility to citizenship is confined to free white persons and aliens of African nativity and persons of African descent. (Naturalisation Law, United States Revised Statutes, section 2169, as amended in 1875.) Moreover, the Act of 1917, section 3, excludes all persons coming from the Asiatic barred zone 2, except Government officials, clergymen, missionaries, lawyers, apothecaries, civil engineers, teachers, students, authors, artists, merchants, or tourists, and the wives or minor children of the aforesaid. 1 Official Year Book of the Union of South Africa, 1925, No. 8. That is to say, every native of islands adjacent to the Continent of Asia, which are not possessions of the United States and which are not located south of the 20th parallel N. lat., west of the 160th meridian of long, east of Greenwich, or N. of the 10th parallel of S. lat. ; or again, any native of any country, province or dependence on the Asiatic Continent west of the 110th meridian of long, east of Greenwich and S. of the 50th parallel of N. lat with the exception of that territory included within the 50th and 64th meridians of long.. east of Greenwich and the 2éth and 38th parallels of N. lat. 2 LITERACY TESTS 61 If, however, the above-mentioned persons should give up the profession or position in the United States by reason of which they were granted permission to enter, they become liable to deportation. The question of Chinese immigration is also dealt with by the Act of 13 September 1888, extended by an Act of 29 April 1902, by which the immigration of Chinese labourers, whether skilled or unskilled, is prohibited. Teachers, officials, students, merchants and travellers are permitted to enter (section 1). No Chinese labourer who has resided in the United States and has left that country has the right to return unless : (1) He has a lawful wife, child or parent in the United States; (2) He has property of the value of $1,000 in the United States; or (3) He has debts pending settlement in the United States of not less than $1,000. The Act of 29 April 1902 extended the provisions for the exclusion of Chinese to the island territories under the jurisdiction of the United States, and prohibited the immigration of Chinese labourers from such island territories to continental United States. Philippine Islands.—The immigration of Chinese into the Philippine Islands was restricted by the Acts of 13 December 1901 and 27 March 1903 and by the United States Act of 29 April 1902, which extended the Chinese Exclusion Acts to the Philippines. All Chinese labourers resident in the Philippines are thereby bound t o obtain a certificate of registration, and any found without such certificate are liable to deportation. URUGUAY.—The Decree of 1915 prohibits the admission of Asiatic or African persons when the immigration authorities consider this measure desirable. VENEZUELA.—The Immigration Act of 26 August 1894 prohibits the immigration under contract or the spontaneous immigration of individuals who are natives of the West Indies. The Immigration Act of 26 J u n e 1918 lays down in section 9 t h a t only persons of European race are to be accepted as immigrants. However, an exception is made in favour of persons of yellow race who are natives of islands situated in the Northern Hemisphere. (e) LITERACY T E S T S The exclusion of illiterate persons was first introduced b y Anglo-Saxon countries. Legal measures of this n a t u r e have, of recent years, been adopted b y other countries; b u t exceptions are frequently m a d e in favour of t h e near relatives of an admitted immigrant, when such relatives either accompany him or come t o join him. I t m a y be mentioned t h a t , as the immigration officials are often t h e sole judges of t h e result of reading or dictation tests, all possible latitude is allowed t h e m to make t h e admission of immigrants, either individually or in groups, more or less difficult as they m a y see fit. Dictation tests are so made use of in 62 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT Australia to exclude undesirable immigrants, particularly persons of coloured race. In the Belgian Congo, on the contrary, a minimum degree of education is called for only in the case of Europeans, coloured labour being exempt. SOUTH AFRICAN MANDATED TERRITORY : South-West Africa.—The immigration is prohibited of any person who is unable, by reason of deficient education, to read and write any European language to the satisfaction of an immigration officer, or, in the case of an appeal / t o the satisfaction of the Immigration Board. Yiddish is regarded as a European language. (Immigrants Regulation Proclamation, 1924, section 1 (lb).) AUSTRALIA.—Any person who fails to pass a dictation test, t h a t is to say, who fails to write out not less than fifty words òf a language prescribed by regulation when dictated to him by an officer administering the Act, is prohibited from entering the Commonwealth of Australia. He may, however, be allowed to enter the Commonwealth on the following conditions : (a) That on entering the Commonwealth or on failing to pass the dictation test, he deposit with the officer the sum of £100; (b) That within thirty days after depositing such sum he obtain from the Minister a certificate of exemption as prescribed, or depart from the Commonwealth, and thereupon the deposit shall be returned. Any immigrant may be required to pass a dictation test at any time within two years after he has entered the Commonwealth. (The Immigration Act, 1901-1925, sections 3o, 5, (2), and 6.) P a p u a . — A dictation test similar to that of Australia has been introduced. Persons failing to pass such test may, however, be admitted to the territory if they deposit a certain sum with the immigration officer and obtain a certificate of exemption from the Lieutenant-Governor. The LieutenantGovernor may also, upon the request of a property-owner or planter, grant a certificate of exemption in respect of any skilled worker whom the said property-owner or planter may desire to bring into the territory to act as foreman or supervisor. (Immigration Restriction Ordinance, No. 2 of 1908, sections 2 and 3.) B E L G I U M : Congo.—The Decree of 8 October 1922 lays down t h a t any person whp, owing t o lack of education, is unable t o read and write a European language to the satisfaction of the immigration authorities shall be regarded ! as undesirable and accordingly inadmissible to the territory (section 2, (?)); Nevertheless, natives of the neighbouring States admitted in pursuance of agreements come to with the Governments of such States are expressly excepted. Further, seven categories of persons are indicated who are not to be regarded as undesirables in accordance with the Decree cited—that is to say, they are exempted from the whole of the conditions for admission imposed by the said Decree (cf. § 3 of the present chapter). CANADA .—According to the Immigration Act of 1910-1924 (section 3, (t)), persons over fifteen years of age, physically capable of reading, who cannot read the English or the French, language, or some other language or dialect, are prohibited from entering or landing in Canada. The test does1' not apply to. thé father or grandfather, over fifty-five yeaTs of age, wife, mother,, grandmother, or unmarried or widowed daughter, if otherwise admissible, of any admissible person or any person legally admitted^ LITERACY TESTS 63 or of any citizen of Canada ; persons who have Canadian domicile ; persons in transit through Canada ; persons approved by the Minister. For the purpose of ascertaining whether aliens can read, the immigration officer uses slips of uniform size prepared by direction of the Minister, each containing not less than thirty and not more than forty words in ordinary use printed in plainly legible type in the language or dialect the person may designate as the one in which he desires the examination to be made, and he is required to read the words printed on the slip in such language or dialect. GUATEMALA.—In order to obtain the consular visa required in order to enter Guatemala, an intending immigrant must prove that he is able to read and write. (Act No. 87S of 15 September 1924.) MEXICO.—The Act of 12 March 1926 prohibits admission to Mexico of adult male persons who are unable to read or write a t least one language and one dialect. Exclusion under this heading does not, however, apply in the case of ascendants and descendants within the first degree of relationship to immigrants legally admitted, nor to aliens already resident in the country (section 29, (3)). S O U T H AFRICA.—Any person who is unable, by reason of deficient education, t o read and write any European language, including Yiddish, to the satisfaction of the Immigration Officer is prohibited from entering the country. The Act provides for a number of exceptions, particularly in the case of the wife or child of a person domiciled in the Union, members of naval and military forces or accredited officials, and various persons coming from neighbouring territories. (Immigrants Regulation Act, 1913, sections 4 and 5, as amended by Act No. 37 of 1927.) U N I T E D S T A T E S . — B y the Immigration Act of 1917 all aliens over sixteen years of age physically capable of reading, who cannot read the English language or some other language or dialect, including Hebrew or Yiddish, are refused admission. For the purpose of ascertaining whether aliens can read, the immigration inspectors are furnished with slips of uniform size prepared under the direction of the Secretary of Labour, each containing not less than thirty nor more than forty words in ordinary use, printed in plainly legible type, in some one of the various languages or dialects of immigrants. Each alien may designate the particular language or dialect in which he desires the examination to be made (section 3). The following classes of aliens over sixteen years of age are exempted by law from the literacy test : (a) Persons who are physically incapable of reading ; (b) Persons of any of the following relationships to United States citizens, admissible aliens, or legally admitted alien residents of the United States, brought in or sent for by such persons : father, or grandfather, if over fifty-five years of age; wife, mother, grandmother, unmarried or widowed daughter; (c) Persons seeking admission to the United States to avoid religious persecution in the country of their last residence ; (d) Persons convicted of or advocating the commission of a purely political offence; (e) Persons previously residing in the United States who were lawfully admitted and have resided there continuously for five years and return to the United States within six months from the date of their departure therefrom ; (f) Persons in transit through the United States ; (g) Exhibitors and employees of fairs and exhibitions authorised by Congress. (Rule 3M, 1927.) 64 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT (f) ECONOMIC CONDITION OF IMMIGRANTS I t is to the interest of countries of immigration to avoid the possibility of aliens resident on their territory becoming necessitous and thus constituting a charge on the public funds, or a t least a source of complications and difficulties if assistance is not afforded them. Mention has previously been made under heading (b), of the exclusion of vagrants as a mea,sure of policy; beggars a n d persons proved to be without means are also excluded from many countries. Immigrants are frequently required t o furnish proof t h a t they are not likely a t a subsequent date t o become a charge upon the public funds. The immigrant may afford such proof either by showing a contract of employment assuring him sufficient resources t o live upon, or by demonstrating t h a t he possesses private means, or t h a t assistance has been promised in case of need either by his employer or b y relatives. The two latter requirements as a rule relate to aged or infirm persons and, in general, t o those who are incapable of work, should the country concerned consent t o admit them. Moreover, the measures found under the present heading are intimately connected with those found under headings (g) conditions relating to trade or profession, (h) conditions relating t o age or sex, and (i) physical conditions. For greater security t h a t the presence of immigrants will not give rise a t a later date to charges upon State funds, precautions are taken upon their arrival to guarantee their maintenance in case of sickness or misfortune, and t o provide for their repatriation in case they prove unsuitable or have t o be legally expelled. One such precaution consists in requiring the deposit of a certain sum of money as security, which is repaid t o them when they leave. I n some countries this amount is definitely acquired by the Treasury after a certain period, if the alien has not left t h e country; in others, on the contrary, the amount is returned t o the immigrant after several years' permanent residence. Another kind of guarantee is afforded by the designation of a personal security in the country; sometimes this takes the form of an affidavit or bond signed by an inhabitant of recognised solvency. This procedure may be compared with t h a t employed ECONOMIC CONDITION OF IMMIGRANTS 65 by the British Empire for the purpose of introducing assisted immigrants, known as the nomination system; this is dealt with later on in § 5 of Chapter VI. The proof that an immigrant possesses a certain minimum capital or definite promise of assistance is not intended solely to guarantee a State against expenditure which might be incurred or to save immigrants from disaster. It also operates to a certain extent as a measure of selection, tending to avoid mass immigration of unskilled labour. Of a somewhat different nature is the procedure in accordance with which proof of the possession of a minimum capital is called for, not in the case of all newcomers, but only in the case of those desiring to benefit by the advantages offered by colonisation laws, more especially the grant of land. The State must be assured that the person to whom a grant of land is made has sufficient capital for the proper development of the land granted to him, so as to ensure the most satisfactory production. The various provisions relating to supervision of an immigrant's means of support are independent of those providing for payment of a landing or entry fee, which is dealt with in Chapter VIII; head-taxes are definitely appropriated by the State as a contribution on the part of those interested to the expenses incurred by the Supervisory Services. BRITISH MANDATED TERRITORIES : Palestine.—The Immigration Ordinance, 1925 (section 5, (c)), provides that no person other than a Palestinian citizen may enter Palestine if he is likely to become a pauper or a public charge. By the Regulations issued by the High Commissioner for Palestine under the Immigration Ordinance, 1925, amended by the Regulations of 27 November 1927, no person may be granted an immigration certificate to enter Palestine unless he belongs to one of the following classes : (a) Persons of independent mean (this term is taken to include : (1) any person who is in bona fide possession of a capital of not less than £E.500 and is qualified in a profession or intends to engage in commerce, industry or agriculture; (2) any person who is in bona fide possession and freely disposes of a capital of not less than EE.250 and is skilled in a trade or craft; (3) any person who has a secure income of not less than £B.60 per annum, exclusive of earned income ; (4) any orphan of less than sixteen years of age whose maintenance is assured until such time as he is able to support himself; (5) any person of religious occupation whose maintenance is assured; and (6) any student whose maintenance is assured until such time as he is able to support himself) ; (b) Persons who are not in possession of £E.500, but are otherwise qualified in a profession or intend to engage in commerce or agriculture ; (c) Persons who have a definite prospect of employment in Palestine; 5 66 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT (d) Dependants of permanent residents or of immigrants belonging t o the above classes other than orphans or students. Every foreigner who desires to enter Palestine as an immigrant, either as an orphan or student or as a person of religious occupation whose maintenance is assured (see above), must make application to the Chief Immigration Officer either direct or through a British consul or passport control officer or immigration officer, and every such application must be accompanied by a guarantee given by a person, society or corporate body to be approved by the Chief Immigration Officer binding the guarantor, if the immigrant is admitted, t o maintain him or to contribute to his maintenance (section 6). (Cf. also § 8 of Chapter VIII, regarding the entry fee.) T a n g a n y i k a . — B y the Immigration Ordinance, No. 16 of 1924, the immigration of destitute persoris is prohibited (section 5a). An immigration officer may grant to a destitute person a licence t o remain in the Territory for one year, but at the end of this time he must re-present himself and be treated as if entering the Territory for the first time (section 18, (1) and (2)). Persons who bring in contract immigrants are responsible to the Government for all expenses incurred in the event of their becoming destitute within six months of the expiration of the contract. Likewise persons who bring in native servants not born or domiciled in the Territory are responsible to the Government for all expenses incurred if they become destitute within two years after arrival (sections 20 and 21). Any person bringing a native servant into the Territory may be called upon to furnish security (section 22). FRENCH MANDATED TERRITORIES : Togoland and C a m e r o o n s . — I n order to obtain permission to enter either French Togoland or the French Cameroons, any person, whether of French or alien nationality, is required to paya sum covering the cost of his repatriation into theTreasury, which will issue a receipt for the; amount, or to furnish security agreed t o by the administrative authorities. (Decree dated 30 October 1926, section 1.) In accordance with Decree No. 71 of 31 January 1927, which lays down conditions for the application of the Decree cited above, the amount to be deposited is calculated in conformity with the shipping companies' tariffs for third-class travel. In lieu of the aforesaid deposit, the authorities may agree after enquiry to accept the bond of another person as security; this person may, however, withdraw his bond, and in such case the immigrant so guaranteed must immediately deposit the amount which will cover the cost of his repatriation, failing which he will be expelled. J A P A N E S E M A N D A T E D T E R R I T O R Y : S o u t h Sea I s l a n d s . — The Chief of the local Administrative Office may prevent the landing of beggars, indigent persons, or any individual deemed likely to become a public charge. (Order No. 1, dated 2 February 1925, section 1, (4) and (6).)> N E W ZEALAND M A N D A T E D T E R R I T O R Y : W e s t e r n S a m o a . — The Administrator may prohibit the landing in Western Samoa of any person, other than a permanent resident, who is without adequate means of support. Every vagrant, that- is, every person having insufficient means of support and not being a Samoan born in Samoa, who is found in the Territory, is considered guilty of an offence against the Order. (Immigration Consolidation Order, 1924, sections 5, (1), and 14.) The Overseas Passenger Landing Deposits Ordinance, No. 2 of 1925, provides that every person landing in Western Samoa (with certain exceptions) must deposit with the collector of customs a sum sufficient to defray the expenses, if necessary, of transporting such person to a place outside the Territory where he will be permitted to land, The sum is repaid after ECONOMIC CONDITION OF IMMIGEANTS 67 five years or on the departure of the depositor if this takes place first,minus any part of it which the Western Samoan Treasury may have expended for maintenance. S O U T H A F R I C A N M A N D A T E D T E R R I T O R Y : South-West Africa.—By the Immigrants Regulation Proclamation, 1924, section 1, (ia) and (ie), the following classes of persons are prohibited from entering the Colony : (1) Any person or class of persons deemed by the Administrator on economic grounds or on account of standard or habits of life t o be unsuited t o the requirements of the Territory; (2) Any person who is likely, if he enters t h e Territory, t o become a' public charge because he is not in possession of sufficient means to support himself and his dependants. It is provided in the Immigration Regulations, 1924, Regulation 14, that a person shall not ordinarily be deemed liable t o become a public charge : (a) If he has the means of reaching his destination ; (b) If he has definite employment awaiting him, or has a reasonable prospect of employment and some means of temporary support. Where the immigrant is dependent for his support on friends or relatives or a n employer, t h e immigration officer may require a guarantee for t h e immigrant's maintenance for t h e prescribed period, or for the costs of returning him t o the country from which he came if he becomes a public charge. ARGENTINA.—Section 10 of the Decree of 31 December 1923 prohibits the landing of individuals deemed likely to become a public charge. AUSTRALIA.—Each adult alien must have on landing in the Commonwealth a sum of not less than £40, unless admission has been authorised by the authorities in Australia as a result of a satisfactory guarantee having been furnished for his or her maintenance by relatives or friends there 1 . Selected British migrants under the Assisted Passages Scheme (see Chapter VI, § 5) are required to deposit the sum of £3 each as landing money, or in the case of lads proceeding as farm learners, or women or girls proceeding as domestic servants, £2 2. Papua.—Admission t o the territory is prohibited in the case of indigent persons or those without apparent means of support for themselves and those dependent upon them, and who might for that reason become a public charge. (Immigration Restriction Ordinance, No. 2 of 1902, section 2, (2).) B E L G I U M : Congo.—The Legislative Ordinance of 8 March 1922 3 (sections 2 and 11) lays down that persons are deemed t o be undesirable who, on account of their insufficient means of support, are liable t o become a public charge; persons dependent upon them are also deemed t o be undesirable. Permission to enter the territory may be granted upon deposit of a sum of 5,000 francs 4 or more, as the immigration agent may decide, or upon proof being forthcoming that the immigrant concerned has credits in the Congo amounting t o 20,000 francs. Persons who furnish proof that 1 Communication from t h e Director of Migration a n d Settlement, Australia House, London, t o t h e I n t e r n a t i o n a l Labour Office, 25 March 1925. 2 G R E A T B R I T A I N , O V E R S E A S E T T L E M E N T DÉPARTAIENT : Handbook on the Commonwealth of Australia, 1927, p . 24. ' • 3 Order No. 26,/C, dated 12 March 1927, adds t h a t the said security m a y b e required t o be left on deposit during a period n o t exceeding s i s m o n t h s . 4 One Belgian franc = approximately l e d . 68 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT they possess a contract of employment may be exempted from the operation of this provision (cf. later, under (g)). BRAZIL.—Beggars are not allowed to enter the country. dated 6 January 1921.) (Decree CANADA.—The Immigration Act, 1910-1924, makes certain stipulations as to the immigrants' financial status : (1) Immigrants' Landing Money. The Governor-in-Council may issue regulations for immigrants and non-immigrants regarding the possession of a given sum of money. Thus, an Order-in-Council of 31 J a n u a r y 1923 (P.C. 182) requires that all immigrants of Asiatic race shall possess the sum of $250 l as a condition of landing in Canada. Wives and children under 18 years of age, of any person legally admitted to and resident in Canada, who is in a position to care for his dependants, are exempted from this provision. P.C. 183 of the same date forbids, owing to unemployment conditions in Canada, the immigration of persons of any class or occupation, but provision is made for certain exceptions (cf. Canada, Chapter I I I , § 1, (g), and (1), (h)), among which are the following : (a) A citizen of the United States entering Canada from the United States who satisfies the immigration officer at the port of entry that he has sufficient means to maintain himself until employment is secured; (b) A British subject entering Canada directly or indirectly from Great Britain or Ireland, Newfoundland, the United States, New Zealand, Australia or the Union of South Africa, who satisfies the immigration officer in charge at the port of entry that he has sufficient means to support himself until employment is secured. (2) Beggars and Vagrants. Under the Immigration Act, 1910-1924, professional beggars or vagrants and persons likely to become a public charge are prohibited from landing (section 3, (g) a n d / i ^ ) . COLOMBIA.—In accordance with Act No. 114 of 30 December 1922, tending to encourage the immigration of persons who will constitute a useful element in the economic life of the country, immigrants are classified in two groups : (a) those who enter the country as workers or labourers and who have not to comply with any pecuniary condition, and (b) those who come with the intention of establishing industrial or agricultural undertakings, and who are required to possess a capital of not less than 200 pesos 2 (section 1). C O S T A RICA.—The Act of 31 August 1914 prohibited admission to the national territory to any individual not bearing upon his person a sum of at least 100 colons 3. Nevertheless, with a view to supplying the plantations of the country with needed labour, the President obtained the approval of the National Congress to a Decree, dated 24 September 1924, exempting immigrants who are agricultural workers from the obligation to possess 100 colons upon admission 4 . CUBA.—Beggars and others who are likely to become a public charge are not allowed to enter the country. (Order No. 155 of 15 May 1902, section 1.) I n accordance with section 2, (2), of the Act of 3 August 1917, an immigrant 1 2 3 4 One Canadian dollar = approximately ás. I d . (28 J a n . 1928). One Colombian peso = approximately 4s. 2s. One Costa Rican colon = approximately 1.05s. Bulletin of the Pan-American Union, J a n . 1925. ECONOMIC CONDITION OF IMMIGRANTS 69 desiring admission to Cuban territory must indicate a person or a body corporate who will give an undertaking to the Government to provide at his own expense treatment for the immigrant in case of sickness, to pay his funeral expenses if required, and to deport him should he become unable to work or if, owing to unemployment, he should be liable to become a public charge. F R A N C E : Colonies.—West Africa. In order to obtain permission to land in the Colony, an alien must deposit with the Immigration Commissioner a sum sufficient to cover the cost of returning him to his country of origin. A table is attached to the Decree, stating the amount which has t o be deposited, varying with the nationality of the person concerned. If the immigrant is unable to make the required deposit he must produce a document countersigned by the Lieutenant-Governor of the Colony, certifying that a licensed and solvent merchant already settled in the country undertakes to provide in case of necessity for the expenses of repatriation \ Sums deposited are returned to the interested parties after a stay of two years in West Africa. The captain of any ship bringing passengers of this class must require that the amount to be deposited as security be placed in his hands. (Decree of 24 January 1925, sections 1 and 2.) G R E A T BRITAIN.—Under the Aliens Order 1920, section 1, an alien is not allowed to land in the United Kingdom unless he is in a position to support himself and his dependants. Colonies.—The following British colonies prohibit the landing of persons who are destitute, or without visible means of support for themselves and their dependants, and are likely to become a public charge : Bermuda : Immigration Act, No. 58 of 1902, section 4. Federated Malay State?: Passengers Restriction Ordinance, No. 6 of 1922, section 8 (lb). Leeward Islands : Aliens Admission Regulation Act, No. 13 of 1922, section 4, (1). Nigeria : Immigration Restriction Amendment Act, No. 31 of 1924, section 5. Northern Rhodesia : Immigrants Regulation Proclamation, No. 15 of 1915, section 3. Southern Rhodesia : Immigrants Regulation Act, No. 7 of 1914, section 3. Sierra Leone : Undesirable Persons (Prevention of Immigration) Ordinance, No. 17 of 1924, section 4, (a). Straits Settlements : Passengers Restriction Ordinance, No. 169, 1919, section 9, (1 b). Uganda : Immigration Restriction and Removal of Undesirables Ordinance, 1913, section 2, (1). In several colonies the immigration of persons of this class is permitted under certain conditions : (1) That some resident of the Colony agrees to pay dependency charges that may be incurred by the Government in respect of the immigrant within one to three years of his landing (Bahamas, British Guiana, Ceylon, St. Lucia; in Ceylon and British Guiana the charges may not exceed a stated amount); (2) Upon the immigrant's furnishing security that he will repay charges that he incurs to the Government, not exceeding a stipulated amount, within three years of landing (Fiji and British Honduras) ; (3) Upon the deposit of a certain sum or bond of guarantee against destitution (Bermuda, Fiji, Gambia, Gold Coast, British Honduras, Nigeria, Nyasaland, Somaliland, St. Lucia and Zanzibar) ; (4) Upon proof that he has a lawful contract of service {Fiji, Gilbert and x I n accordance with the Decree of 5 March 1927, the security may he replaced by an official declaration made by the authorities of the immigrant's country of origin, containing an undertaking by the Government of that country to reimburse expenses incurred for repatriation of the immigrant as an indigent person. 70 THE EIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT Ellice Islands, British Honduras, and Solomon Islands) or that his means of livelihood are assured for a certain minimum of time (Kelantan) ; (5) Upon obtaining a certificate that he is a fit and proper person to enter (Gold Coast, Somaliland and Zanzibar) ; (6) Upon evidence that he is in a position to support himself because he possesses a certain sum of money (Gilbert and Ellice Islands, British Honduras, and Kelantan). (Bahamas : Immigrant Paupers (Prevention) Act, 1908, section 4, (3). Bermuda : Immigration Act, No. 11 of 1920, section 1. Ceylon : Destitute Immigrants Regulation Ordinance, No. 12 of 1907, section 4. Fiji: Immigration Restriction Ordinance, No. 2 of 1909, section 13. Gambia: Immigration Restriction Ordinance, No. 12 of 1924 section 10. Gold Coast : Immigration Restriction Ordinance, No. 9 of 1925, section 11, (1). Gilbert and Ellice Islands : Consolidation Ordinance. No. 17 of 1917, section 21, (1), (a) and (b). Guiana : Destitute and Criminal Immigrants Regulation Ordinance, No. 4 of 1896, sections 3 and 4. Honduras : Immigration of Undesirable Persons Ordinance, No. 20 of 1921, sections 14, (1), and (5), (le). Kelantan : Indigent Alien Immigration Enactment, No. 6 of 1914, section 1. Nigeria: Amendment Ordinance, 1924, section 5. Nyasaland : Immigration Ordinance, No. 17 of 1922, section 15. Solomon Islands : Undesirable Immigrants Regulation, 1922, sections 2-5. Somaliland : Immigration Restriction Ordinance, No. 4 of 1924, section 12. Windward Islands, St. Lucia : Undesirable Immigrants Ordinance, No. 6 of 1904, section 5, (1). Zanzibar : Immigration Regulation and Restrictive Decree. 1923, section 2, 11, (1).) When an immigrant arrives under a labour contract and becomes chargeable to the colony within a specified period of time, the employer or employers may be liable to pay the Government all expenses incurred on his behalf, including deportation costs (Bermuda, Hongkong [for persons other than Chinese], Sierra Leone, and Somaliland). In Sierra Leone the employer is exempt from liability if he deposits £100 as guarantee against the person becoming chargeable to the colony. (Bermuda : Immigration Act, No. 11 of 1920, section 1. Hongkong : Vagrancy Ordinance, No. 9 of 1897, section 21. Sierra Leone : Immigrant Paupers Ordinance, No. 26 of 1909, amended by No. 16 of 1924, section 2, (2). Somaliland: Immigration Restriction Ordinance, No.4 of 1924,section 15,(2).) The immigration of professional beggars and vagrants is prohibited in the Federated Malay States and the Straits Settlements. (Federated Malay States : Passengers Restriction Ordinance, No. 6 of 1922, section 8, (lc). Straits Settlements : Passengers Restriction Ordinance, No. 169, 1919, section 9, (lc).) The master of any vessel bringing a destitute immigrant to a colony may be liable to a fine and the cha rges incurred by the colony in his behalf, as follows : (1) In the Bahamas : to a penalty of £20 ; (2) In Ceylon : to all charges incurred by a destitute person within two months after landing unless the said person landed with 150 rupees 1 in his possession ; (3) In the Gilbert and Ellice Islands : to a penalty not exceeding £50 and the conveyance of the immigrant outside of the Colony; (4) In Hongkong : t o all charges for persons other than Chinese or shipwrecked persons who become chargeable as vagrants within two months of landing unless 2 proved to have landed under engagement or possessed of $50 ; . i One rupee = approximately Is. 6d. (ÍÍ8 J a n . 1928). 2 One Hongkong dollar = approximately Is. Gd. (28 J a n . 1928). ECONOMIC CONDITION OF IMMIGRANTS 71 (5) Solomon Islands : to a penalty of £50 and the carrying of the immigrant outside of the Protectorate ; (6) Windward Islands, St. Lucia : to a lien of £100 for each infirm pauper or destitute immigrant landed. (Bahamas : The Immigrants Act, No. 17 of 1920, section 6. Ceylon : Destitute Immigrants Regulation Ordinance, No. 12 of 1907, section 12. Gilbert and Ellice Islands : Gilbert and Ellice (Consolidation) Ordinance, No. 17 of 1917, section 21, (2), (3), and (4). Hongkong : Vagrancy Ordinance, No. 9 of 1897, section 22. Solomon Islands: Undesirable Immigrants Regulation, 1922, sections 2-5. Windward Islands, St. Lucia : Undesirable Immigrants Ordinance, No. 6 of 1904, section 5, (1).) GREECE.—In accordance with the Ordinance of 23 June 1927, no alien may enter Greece unless he is in a position to maintain himself and to provide for his family in accordance with the provisions laid down on the matter by the Minister of the Interior, to pay for transport to the place of destination if he is travelling through the country in transit, or to prove that he has employment which he has been legally authorised to accept (cf. Chapter VI, § 1 : "Employment of Alien Workers"). GUATEMALA.—In accordance with the Decree of 17 September 1923, aliens arriving at the country's frontiers must, in order to obtain admission, prove that they possess a sufficient sum of money to enable them to reach their destination within the territory, and a further sum of 25 dollars 1 , or its equivalent in the currency of another country. Immigrants coming to the country under a contract of employment duly visaed by a Guatemalan diplomatic or consular official, or having previously obtained the authority of the Minister of Agriculture, are exempted from this requirement. ICELAND.—The Act of 12 May 1920 requires all aliens arriving in Iceland to prove that they have sufficient means to provide for their maintenance and for that of their family during at least two years following their arrival. IRISH F R E E STATE.—Under the terms of the Aliens Order, 1925, (section 1, (2)), leave shall not be given to an alien to land in the Irish Free State unless he is in a position to support himself and his dependants. JAPAN.—According to the terms of Ordinance No. 1 dated 24 January 1918, paupers and persons likely to become a public charge may be refused admission (section 1). MEXICO.—The Act of 12 March 1926 prohibits admission to Mexican territory to all aliens likely to become a public charge, as well as to workerimmigrants not producing a contract of employment (cf. Chapter III, § 1, (g)) or who do not prove that they possess sufficient financial ressources to meet their personal needs and those of their family during a period of three months from the date of their admission, independently of the amount which will be needed to cover their maintenance and transport expenses until they reach their place of destination (section 29, (8)). An entry fee is also payable (cf. Chapter VIII, § 8). NETHERLANDS.—According to t h é Act of 13 August 1849, as amended by those of 6 April 1875, 15 April 1886, and 10 February 1910, aliens may not enter the country unless they prove that they have either sufficient means of existence or the possibility of maintaining themselves by their work. 1 Cine Guatemalan dollar = approximately 4s. 72 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT East Indies.—The residencie card is refused to persons unable to provide for their own maintenance and that of their family. Cf. Chapter VIII, § 8, for information concerning the entry tax. NEWFOUNDLAND.—The collector of customs may withhold leave to land to an immigrant who cannot show that he has in his possession, or is in a position to obtain, the means of decently supporting himself and his dependants. (Consolidated Statutes of Newfoundland, 1916, Chapter 77: "Of Aliens and Immigration", section 1, (8a).) An alien may not be refused admission to the Colony merely for want of means or through liability to become a public charge, if he seeks admission under any of the following conditions : (a) If he proves that he is seeking admission to the Colony to avoid prosecution or punishment on religious or political grounds, or persecution on account of religious beliefs ; (b) If he proves that, having taken his ticket in the Colony and embarked direct from there for some other country, immediately after having resided in the Colony for not less t h a n six months, he was refused admission there, and returned to the Colony direct; (c) If he proves that he was born in the Colony and his father was a British subject. (Idem, section 1, (d).) No Chinese person is permitted to land in Newfoundland who is a pauper or likely to become a public charge. (Consolidated Statutes of Newfoundland, 1916, Chapter 79 : "Of the Immigration of Chinese Persons", section 5, (a).) By the Immigration Act of 1926, professional beggars or vagrants or persons likely to become a public charge are considered as undesirable immigrants. By section 11 of this Act the Governor-in-Council is empowered to issue regulations providing as a condition to permission to land in the Colony that immigrants should possess in their own right money to a prescribed minimum amount which shall vary according to the race, occupation, or destination of the immigrant or otherwise according to circumstances. The regulations under this Act prohibit the landing in Newfoundland of any immigrant who does not possess in his own right : In the case of an immigrant of eighteen years of age and upwards the sum of $250 ; and in the case of an immigrant of five years of age and under the age of eighteen the sum of $125. In the case of an immigrant who is the head of a family and is accompanied by one or more members of the family, the money qualification will be $250 for the head, $125 for each member of the family of the age of eighteen or upwards and $50 for each member of the family of five to eighteen years. The immigration officer may exempt any immigrant from the operation of the regulation if it is shown to his satisfaction that : (a) The immigrant, if a male, is going to assured employment and has the means of reaching the place of such employment ; (b) The immigrant, if a female, is going to assured employment in domestic or other service and has the means of reaching the place of such employment ; (c) The immigrant, whether male or female, is going to reside with the relative mentioned who is able and willing to support such immigrant ; and has the means of reaching the place of residence of such relative : (1) wife going to husband ; (2) child going to parent; (3) brother or sister going to brother; (4) minor going to married or independent sister; or (5) parent going to son or daughter. Acceptable certificates must be furnished and sworn to by the parties interested. N E W ZEALAND.—The Immigration Restriction Act, 1908, Part I, ECONOMIC CONDITION OF 73 IMMIGRANTS provides that, if a passenger arriving in New Zealand on board any ship is deemed likely to become a charge upon the public or any charitable institution, the owner, charterer or master of such ship shall execute a bond and defray any expense which may be incurred within five years from the execution of the bond for the maintenance of such passengers by any public or charitable institution in New Zealand. These provisions do not extend to immigrants brought to New Zealand either wholly or partly at the expense of the Government, nor to any person domiciled in New Zealand. NICARAGUA.—A recent Circular issued by the Minister of the Interior to the port and frontier services requires that every alien entering Nicaragua shall be in possession of a sum of money equivalent to 100 córdobas 1. PANAMA.—Every alien arriving by a land frontier must bear upon his person the sum of 25 balboas 2 to meet the cost of his maintenance until he has found work. (Administrative Code, section 1878.) Every alien arriving by a sea frontier as a third-class passenger, with the intention of doing business in the territory for his own account, must hand to the Panama consul at the port of departure, for transmission to the Minister of Foreign Affairs, proof that he possesses sufficient resources to devote himself to his business. The consul may not visa the passport of the person concerned until authority to do so is received from the Ministry after examination of this document. Immigrants not having a Government contract are required to deposit security amounting to 150 balboas in order to obtain permission t o enter the country. This sum is repayable to the immigrant or to his representative after the expiration of a year, when the executive authority considers that the immigrant has obtained stable employment and that he has sufficient means to maintain himself. The security is also returnable should the immigrant leave the country, or, in case of his death, to his legal representatives. When an alien worker is invited to the country either by a private individual or by a company, the executive authority may waive the obligation incumbent upon the employer to deposit security. In such case, however, the employer must undertake to repatriate at his own expense the worker or workers whom he has sent for; he must also, should this become necessary, meet any expenditure for their maintenance in hospital or in any other charitable establishment (sections 1 and 2). The same Act provides that aliens domiciled in the country may only send for their ascendants, husband or wife, or legitimate descendants, travelling in third-class accommodation, after they have obtained permission to do so from the Minister for Foreign Affairs. This permission is accorded only in cases where the immigrant can produce papers proving his relationship to the persons invited, which must be accompanied by his attestation that he possesses the necessary means to ensure their maintenance (section 6). PARAGUAY.—According to the Immigration Act of 1903, persons immigrating voluntarily and alone, and wishing to enjoy the advantages provided for by the Act, must possess a minimum capital of 50 gold pesos 3 ; if such immigrant is accompanied by his family the capital required is 30 gold pesos per adult male (section 3). 1 Bulletin of the Pan-American Union, March 1928, Washington. = approximately 4s. 2d. 2 One balboa = approximately 4s. 2d. 3 One P a r a g u a y a n gold peso = approximately 4s. 2d. One córdoba 74 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT t Immigrants having either concluded a contract with some private undertaking or been invited by their family are exempted from this condition; but the persons introducing them must offer a security recognised as satisfactory by the General Immigration Office (section 10). POLAND.—Permission to enter and remain on Polish territory is withheld, or if granted may be withdrawn at any time, from an alien who cannot prove that he possesses adequate means to live upon in the country. (Ordinance dated 13 August 1926.) P O R T U G A L : Angola.— European agricultural or industrial workers are only permitted to land when their return voyage is guaranteed by the shipping company which brings them, or when they themselves deposit with the maritime authorities, in return for a receipt, a sum of money equivalent to the cost of their passage in third-class accommodation from the port of Angola to their point of departure. Nevertheless the following persons are exempted from this condition : (a) European colonists or workers who produce at the time of landing a permit issued by the Minister for the Colonies ; (b) Immigrants who prove by a document in due legal form that employment in the province has been guaranteed to them by an establishment or individual of recognised solvency and that the director or proprietor of the establishment offering employment accepts responsibility, during a period of two years, for the repatriation of such immigrants should this be called for owing to sickness or unemployment. (Order of 3 March 1926.) RUMANIA.—The immigration of persons incapable of work is prohibited unless they can prove that their maintenance is provided for. Persons having no ascertained occupation and in general all those likely to become a public charge are refused admission. (Act of 11 April 1925, section 36.) SALVADOR.—The Decree of 23 September 1926 prohibits admission to the territory to beggars and all those whose maintenance is not assured. A sum of 200 colons 1 or 100 dollars has to be deposited by every immigrant with the public treasury. The money is returned if the individual concerned leaves the country within the six months following; otherwise it becomes the property of the State. The amount is intended to cover the expenses of deportation, should it transpire that the person concerned ought not to have been admitted (sections 1, (3), and 3). A Circular issued by the Minister of Foreign Affairs, dated 13 October 1926, for the interpretation of the Decree cited above, exempts the following classes of travellers from making the deposit : representatives of commercial and industrial establishments, university delegates, dramatic artistes, persons employed in State servie«; abroad, together with their wives and children, etc. SIAM.—The Act of 11 July 2470 of the Buddhist era (corresponding to 1927) in section 7 instructs the Minister of the Interior to determine, in agreement with the Minister of Commerce and Communications, the minimum capital which every alien must have in his possession upon arrival in Siam. It is provided that'the decision come to shall be promulgated three months before it comes into operation. This initial sum will not be called for in the case of children under fifteen years of age accompanying their parents ; and exemption is also granted in the case of aliens belonging to categories to which-the numerical restriction provided for by the Act does not apply. (Cf. § 1, ("a;, of the present Chapter.) 1 One Salvador colon = approximately 23. 2d. ECONOMIC CONDITION OF IMMIGRANTS 75 . S O U T H AFRICA.—Under the terms of the Immigrants Regulation Act, 1913, the following classes are not permitted to enter the Union of South Africa as immigrants : (1) Any person considered on economic grounds or on account of his standard or habits of life to be unsuited to the requirements of the Union, or any particular Province thereof; (2) Any person who is likely to become a public charge, because he is not in possession for his own use of sufficient means to support himself and such of his dependants as he brings with him into the Union (section 4, (a) and (b)). By Regulation 13, made under the Act of 1913, it is prescribed that an immigrant who is not infirm of mind or body, in order to prove that he is not likely to become a public charge, must satisfy the immigration officer : (a) That he has the means of reaching his destination ; (b) That he has definite employment awaiting him, that having a reasonable prospect of employment he has some temporary means of support, that he has friends able and willing to support him, or that he has with him a sufficient sum of money, in the opinion of the immigration officer, to maintain him and his dependants until he obtains employment or other means of support. Up to the end of 1921, persons without definite occupation, if British subjects, were required to possess £20, and if aliens £35, on entering the Union. A Revised Notice issued by the High Commissioner for South Africa in London in January 1922 stated that the sum of £20 was now regarded as totally inadequate, "sufficing as it does for barely a month for the immediate living needs of one person finding himself in a strange country". No definite sum is mentioned in the Notice, but unless the intending immigrant is able to produce to the immigration officer at the port of arrival evidence of adequate capital, or written evidence of definite employment, his entry into the Union will be prohibited. Such evidence must show the nature of the employment and the proposed wage. The ability of the offeror to carry out his undertaking must be indicated, and, to avoid difficulties, the offeror should obtain the support of a Justice of the Peace or other competent public official to his written statement. I n the absence of employment, the intending immigrant must establish the fact that he has sufficient capital to maintain himself for a considerable period after arrival, at least six months. U N I T E D S T A T E S . — As defined by the Immigration Act, 1917, the following are among the classes of prohibited immigrants : paupers, professional beggars and vagrants, and persons likely to become a public charge. (Immigration Act, 1917, section 3.) I t is further laid down that whenever passports are being used for the purpose of enabling the holder to come to the continental territory of the United States to the detriment of labour conditions there, the President shall refuse to permit such person to enter (section 3). For purposes of supervision all passengers must declare on the form handed to them by the captain of the ship that they possess at least 50 dollars l , and, if less, what sum they possess, and whether they are provided with railway tickets to their final destination, or with the money needed to buy them (section 12). A head-tax is payable by immigrants (cf. Chapter VIII, § 8). URUGUAY.—The Immigration Act of 1890 and the Decree of ISFebruary 1915 lay down that persons who obtain their living by begging or who are likely to become a public charge are inadmissible. 1 One U.S.A. dollar = 4s. 2d. 76 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT VENEZUELA.—Admission to the national territory is refused to persons having no legitimate occupation or means of subsistence. (Act of 23 July 1925, section 13.) (g) CONDITIONS RELATING TO T R A D E OR P R O F E S S I O N An examination of the question of immigration for the purpose of permanent settlement reveals t h e fact t h a t certain countries admit t o their territory only those persons who are able to work and can prove their skill by means of documentary evidence or certificates. Others restrict admission t o persons following certain occupations, or a t all events offer special advantages to persons exercising such. I t may be observed t h a t a t the present time in all countries agricultural workers are specially in demand ; and preferential treatment, both as regards admission and in respect of the grant of special subsequent privileges (cf. § 1 and § 2 of Chapter X I ) , is often accorded them. The same applies t o the category of domestic servants. I t should also be recalled t h a t certain measures for exclusion make exceptions in respect of individuals following specified occupations. Thus, in several countries, persons of Asiatic race following certain trades are exempted from the operation of restrictions upon the admission of other immigrants of their race (cf. heading (d)). Often, the possession of a contract of employment, ensuring t h e immigrant t h e necessary resources which will enable him t o live, operates t o exempt him from the necessity of possessing private resources upon arrival, this condition being imposed upon other arriving aliens (cf. heading (f)). Respecting immigration for the purpose of employment, there exist at the present time the most complex and varied measures for the regulation of such immigration, tending almost everywhere, b u t more especially in European countries, to limit the admission and employment of alien workers. Regulations of this nature, which had hardly begun t o take definite form a t the time when the first edition of this study was in preparation, have grown and increased considerably of late years. For the purposes of their application, t h e conception of " t h e worker" differs considerably in the various countries concerned. § 1 of Chapter I I contains explicit definitions taken from national laws, b u t frequently t h e field of application of these regulations CONDITIONS RELATING TO TRADE OR PROFESSION 77 is not limited to any strictly defined conception. I n some countries, any work of whatever kind or importance, performed for wages, comes under the regulation. I n others, the regulations apply only t o manual work properly so called, or they are less strict for certain professions, e.g. artistic work, t h a n for manual occupations. Often the regulations for the admission of industrial workers differ from those governing the entry of agricultural workers. The procedure employed with a view t o ensuring t h a t immigrant labour shall correspond t o t h e economic needs of a country, regard being had t o the fluctuations of the home labour market, varies considerably. The only forms t o which attention need be drawn here are those in which the sifting mechanism operates a t the frontier itself. Thus, in several countries, authority from some competent organisation must be obtained in advance b y an alien worker seeking admission, such authority taking the form of a special certificate or a duly visaed contract of employment. I n cases where aliens coming from t h e country t o which the immigrant in search of work belongs are required t o have their passports visaed, t h e issue of the visa may be made subject to the consent of organisations competent t o issue permits t o work; in such case the visa itself will frequently mention t h e fact t h a t the right t o accept employment has been obtained or, on the contrary, t h a t it has been refused. Sometimes, on t h e other hand, control of this nature does not operate a t t h e frontier, b u t in the country itself strict supervision is exercised over the engagement and employment of alien workers. For this reason, freedom of admission has only a theoretical value, and is of use only to such workers as can obtain permission t o accept employment. These measures, together with those relating t o numerical restriction of the alien workers in various national industries, react eventually upon the entry of alien workers; they are analysed later on in Chapter VI, § 1 ("Employment of Alien Workers"). I n this connection reference may specially be made to Austria, Luxemburg, Panama, SerbCroat-Slovene Kingdom, and Salvador, as in these countries the regulations governing the employment of aliens do not affect the formalities for admission. Permits t o enter for the purpose of employment are usually accorded for a definite period; sometimes a particular occupation 78 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT or even a particular job is specified, the locality or region being mentioned, in order t h a t the Government may be in a position t o control the labour market. Individuals remaining in contravention of these conditions are expelled. I n countries where unemployment is severely felt, the only workers who can obtain admission are specialised persons of whom the country has actual need. Often a contract of employment or a definite written engagem e n t m a d e out in a prescribed form has t o be produced b y t h e immigrant seeking admission; in some cases a document of this nature m u s t bear the visa of a competent organisation which has to ascertain t h a t the conditions under which the immigrant is t o work are not likely to be prejudicial t o the position of other workers in the country. I n the United States, Australia, and Cuba, t h e admission of workers holding a contract of employment is, on the contrary, forbidden save in very exceptional cases, for the reason t h a t clauses contained in such a contract—executed at a time when the person engaged is usually completely ignorant of the conditions of life in the country of destination—might not be in accordance with the standard of living obtaining in t h e country, and might thus be definitely prejudicial to national workers, exposed to competition on the p a r t of low-paid immigrant workers. Attention may be drawn t o the fact t h a t countries which require abundant labour, either for their industries or for agricultural purposes, have often made arrangements with the countries from which these workers come, for the supply of the needed immigrants. An analysis of agreements for the supply and recruitment of labour on these lines will be found in Chapter VI of Volume I I I . BRITISH MANDATED TERRITORY : Palestine.—Every immigrant desiring to enter Palestine who has a definite prospect of employment there must make application to the Chief Immigration Ofncer, either direct or through a British consul or passport control officer or an immigration ofncer. (Cf. also Chapter VI, § 2 : "Recruiting"; and § 1, (a) : "Numerical Restriction", of the present chapter.) ALBANIA.—Sections 1 and 2 of the Legislative Decree of 20 March 1925 prohibit in principle the entry to Albanian territory of any alien worker, whatever may be his nationality or the purpose for which he comes. However, merchants, manufacturers, and specialised workers of alien nationality may enter the country if they prove, to the satisfaction of the Albanian representative from whom the necessary visa is obtainable, that their visit to the country is for the purpose of doing business with an Albanian CONDITIONS RELATING TO TRADE OR PROFESSION 79 manufacturer, merchant, or chief of an undertaking. The Albanian representative then endorses the applicant's passport with the name and address of the Albanian house which the traveller is to visit, and with a note of the proofs which have been offered in support of the application. Port authorities and those of frontier stations have to call upon merchants, manufacturers and specialised workers arriving in Albania to furnish the information and proofs referred to above. ARGENTINA.—Under the Act of 1876, the only immigrants admitted are day-labourers, handicraftsmen, persons engaged in manufactures, agriculturists, and persons engaged in a liberal profession or possessing a sufficient degree of skill. An immigrant has to prove his ability by means of certificates issued by the authorities of the country where he resided, duly authenticated by the competent Argentine consul. These provisions are not repeated in the more recent legislation, but it is laid down that the visa will not be issued to individuals "coming under the description of vicious or useless immigrants". AUSTRALIA.—Every contract immigrant, unless otherwise prohibited by law, may land in the Commonwealth if the contract is in writing and is made by or in behalf of a named resident of Australia, providing its terms are approved by the Minister. With regard to contract immigrants intended to be brought to Australia in connection with or in contemplation of an industrial dispute, the Governor-General is empowered to order by notice published in the Gazette that after a specified date such immigration, subject to exceptions and limitations that may be expressed in the Order, shall be prohibited. (Contract Labourers Act, 1905, sections 4 and 10, (1).) By the Immigration Act, No. 7 of 1925, section 3K, the Governor-General is empowered to prohibit wholly, or in excess of certain limits specified, the landing of aliens of any nationality, race or occupation (cf. Chapter III, §3). BELGIUM.—No Act exists to regulate the admission of alien workers. However, workers belonging to countries nationals of which are required to obtain a visa can only procure this upon production of a certificate of engagement by an employer established in Belgium, the conditions of work provided for not being inferior to those generally ruling in Belgium for workers of the same category, and upon condition that the alien worker is not to fill the place of a national worker engaged in an industrial dispute, and that the position of the Belgian labour market justifies recourse being had to alien labour. For individuals belonging to States whose nationals have not to obtain a visa and for those who do not seek admission as wage earners and can prove that they possess other means of existence, there is no control in force *. Congo.—In accordance with the Decree of 8 August 1922, admission to the territory may be refused to any persons whom the Governor-General regards as undesirable for reasons of an economic nature (section 2 (1)). I n lieu of the deposit of security (ef. heading (/)), immigrants desiring to be admitted may produce a contract of employment for a period of over six months at suitable wages executed with an employer who is not a native, who is established in the colony, and is of good repute (section 11). BOLIVIA.—By the Regulations of 1907 and the Immigration Act of 1927, immigrants are required to produce a certificate issued by the authorities 1 Reply received from t h e Belgian Government by the International L a b o u r Office, t o t h e enquiry relating t o recruiting and placing of alien workers, 1927. 80 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT of their country of origin, specifying the profession or occupation followed by the party concerned (section I). BRAZIL: State of Fernambuco .—The Act of 9 April 1924 prohibits settlement upon the State territory of immigrants other than agriculturists. CANADA.—Owing to the unemployment conditions existing in Canada, the Order-in-Council of 31 January 1923 (P.C. 183), amended 11 April 1923 (P.C. 642) and 8 April 1926 (P.C. 534), forbids the immigration of a person of any class or occupation unless, among other things, he can show himself to be. : (1) A bona fide agriculturist entering Canada to farm and who has sufficient means to begin farming in Canada; (2) A bona fide farm worker entering Canada to follow that occupation and who has reasonable assurance of employment ; (3) A female domestic servant entering Canada to follow t h a t occupation and who has reasonable assurance of employment; (4) A person who has satisfied the Minister that his labour or service is required in Canada. (Cf. also Canada, under headings (f) and (h) of present section.) The Canadian Minister of Labour stated in the House of Commons on 25 May 1926 that it is the policy of the Canadian Government, when requests are made for the immigration of groups of industrial workers, to estimate first the labour already available in Canada. CHILE.—Admission to Chilian territory is prohibited to all those who do not follow, or who are unable to follow, a profession or occupation which will enable them to earn a living. COLOMBIA.—According to the Act of 3 November 1920, aliens arriving in Colombia must declare the occupation or profession which they intend to follow in the country (section 2). Act No. 114 of 1922 exempts immigrants entering the country as workers or labourers from the obligation to possess a certain amount of capital section 1). Act No. 74 of 30 November 1926, relating to the expansion of agriculture and immigration, distinguishes two classes of immigrants : (a) those who" come in accordance with a n agreement concluded between Colombia and the country of which they are nationals, and (b) immigrants belonging to any other nation. Citizens or subjects of countries which have not concluded a treaty with Colombia may enter the country on condition that they are to be employed on public works, in mining or agriculture, or in small industries such as laundrywork, ironing, gardening, etc., and moreover that they shall settle in certain determined legions (cf. Chapter X I , § 3). European immigrants of the male sex over eighteen years of age and possessing a contract of employment upon work to be done for the account of the State, or of any department or municipality, are entitled to benefit by certain advantages (cf. Chapter X I , § 1). Undertakings introducing such persons receive an official subsidy (cf. Chapter VI, § 5) upon condition t h a t the immigrants are employed upon public works or agriculture (sections 46 and 47). COSTA RICA.—According to a Decree approved on 24 September 1924, agricultural workers are exempted from the obligation to possess a certain capital, which is compulsory for all other immigrants (cf. heading (f)) K 1 Cf. Bulletin of the Pan-American Union, J a n . 1925, p . 71. CONDITIONS RELATING TO TRADE OR PROFESSION 81 CZECHOSLOVAKIA.—Admission to Czechoslovakian territory is free to all aliens desiring to enter without the intention of taking up employment. Workers desiring to follow a lucrative occupation, however, must obtain the authority of the Minister of Social Welfare and Labour, issued after consultation with the competent employment exchange organisations. The issue or refusal of such permit is endorsed upon the immigrant's passport by the Czechoslovakian consular authority affixing the necessary visa. (Decree dated 25 October 1923, supplemented by the Decree of 11 February 1926 K) DENMARK.—The Act of 31 March 1926 lays down that no alien arriving in Denmark after promulgation of the Act may be employed or accept any post or engagement whatever without a special permit issued by the Minister of Justice or such authority as the said Minister may indicate for this purpose. The Danish visa upon the passport of an alien required to possess one operates in place of the labour permit; but an engagement to work may be accepted only in the district in which, according to the visa, the worker is permitted to be employed (sections 6 and 7). FINLAND.—According to sections 20 to 23 of the Ordinance of 23 November 1926, an alien desiring to enter Finland for the purpose of accepting employment coming under the Contract of Labour Act or the Contract of Apprenticeship Act, or who, during his stay in Finland, desires to take up employment under the conditions indicated, must for this purpose obtain a "labour permit" issued after due consideration by-the Minister for Social Affairs. This permit may be withdrawn a t any time for sufficient reasons, should such be found to exist. The issue of the permit must be noted either upon the intending worker's passport or upon his residence card. For alien workers entering Finland after the promulgation of this Ordinance, the labour permit will only be issued for a fixed period which may not exceed one year in each case. I t is only available in the district for which it is issued. FRANCE.—The collective engagement of alien workers other than skilled miners and agricultural workers is authorised in France only when the contract for the employment of the alien workers has been duly visaed by the Minister of Labour, who must ascertain that the introduction of such labour is not prejudicial to the interests of French unemployed workers (cf. Chapter VI, § 2 : "Recruiting"). Regarding the admission of isolated workers, in accordance with recent regulations, more especially the Circulars of 15 February 1927 relating to restrictions upon the immigration of alien workers, it is laid down that an alien coming to France for the purpose of undertaking paid work must hold a contract of employment ; this contract, if it relates to a worker to be employed in industry or commerce, must bear the visa of the Foreign Labour Service of the Ministry of Labour, or, if the worker concerned is to be employed in agriculture, the visa of the Agricultural Labour Service of the Ministry of Agriculture. Any alien who, not being in possession of such a contract and having entered France with an ordinary passport, has applied for and obtained an engagement, is liable to be deported. One of the Circulars referred to instructed diplomatic representatives abroad to inform the authorities of the countries in which they fulfil their functions of these measures and of their operation. Another of these Circulars instructs French consuls in foreign countries to demand production of the contract of employment, duly visaed by the competent labour service, before giving the necessary consular visa to applicants stating that the object of their journey to France is to take up employment there. Nevertheless, the ' A u Act dated 13 March 1928 has been passed to regulate t h e employment oí alien workers In Czechoslovakia; Its provisions are summarised in § 1 ot Chapter VI. G 82 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT stipulations referred to are not applicable to domestic servants, governesses, housekeepers, or nurses in the service of aliens coming to France. As regards workers already employed in France who, after a temporary absence in their own country, return to France to continue in the same employment, these are not required to obtain a new contract of employment if they present (a) a note authorising them to take leave and (b) a letter of recall from their employer; the latter document must bear the visa of one of the two Ministers competent in the matter. (Cf., in regard to seasonal leave, what is said in § 3 of the present chapter.) I t should be added t h a t the introduction of workers belonging to the countries which are the most important sources of labour supply—Czechoslovakia, Italy, Poland, etc.—is regulated by international agreements (especially in regard to the manner in which such labour is to be introduced) and is adjusted by means of periodical conferences which have to fix approximately the number of workers who may be introduced during the coming period and the districts to which they may be sent. Should any change take place in the economic situation of the country, making it difficult to employ these alien workers in'the district indicated, or in certain occupations, the Governments of the countries concerned are immediately notified of the position through diplomatic channels, so that they may at once take the necessary steps to moderate the stream of their workers migrating to France. GREAT BRITAIN.—Under the Aliens Order, 1920, section 1, an alien desirous of entering the service of an employer in the United Kingdom is not allowed to land unless he produces a permit in writing for his engagement issued to the employer by the Ministry of Labour. Colonies.—In Nyasaland and Northern and Southern Rhodesia the immigration is prohibited of any person deemed by the Governor on economic grounds or on account of standard or habits of life to be undesirable. (Nyasaland: Immigration Ordmance, No. 17 of 1922, section 4, (a). Northern Rhodesia: Immigrants Regulation Proclamation, No. 15 of 1915,section 2, (1). Southern Rhodesia: Immigrants Regulation Act, No. 7 of 1914, section 2, (1).) Certain colonies prohibit, restrict or regulate the importation of foreign labourers under contract to work in the colony. Gold Coast.—The immigration is prohibited of any non-native who has signed or entered into an agreement to perform manual or menial labour on the Gold Coast or whose passage has been paid with a view to his entering into such an agreement on his arrival, unless the consent in writing of the Governor to the immigration of such person has been obtained. (Immigration Restriction Ordinance, No. 9 of 1925, section 5, (g).) Leeward Islands.—Any alien entering the Colony who desires to enter the service of an employer in the Colony must produce a permit in writing for his engagement issued to his employer by the Government. (Aliens Admission Regulation Act, No. 13 of 1922, section 4, (2).) Somaliland.—The immigration is prohibited of any person who has signed or entered into an agreement to labour for hire in the Protectorate, or whose passage has been paid on his behalf with a view to his entering into such an agreement on arrival unless the consent in writing of the Governor to the immigration of such person has been obtained. (Immigration Ordinance, No. 4 of 1924, section 6, (g).) Zanzibar.—By section 29 of the Master and Native Servants Decree, No. 14 of 1925, the British Resident may make rules prohibiting, restricting or regulating the importation and entry from outside the Protectorate of servants or natives intended to be employed as servants. G R E E C E . — I n accordance with the Ordinance of 23 June 1927, aliens desiring to enter Greece for the purpose of taking up employment there CONDITIONS RELATING TO TRADE OR PROFESSION 83 are only admitted to the country if in possession of a licence issued by the authorities indicated for that purpose by the Minister of the Interior. The name and date of the licence must be endorsed upon the holder's passport. This provision does not apply to aliens returning to Greece if they are in possession of an identity card issued by the Greek police (cf. Chapter X I , §5). GUATEMALA.—Aliens coming to Guatemala either with a contract of employment visaed by a diplomatic or consular representative of the Republic, or with the previous authorisation of the Minister of Agriculture and Public Works, are exempted from the obligation to possess at the time of entering the country the amount stipulated by the Decree of 17 September 1923. Certain provisions exist, concerning the proportion in which alien workers may be employed in the industries of the country (cf. Chapter VI, § 1). HONDURAS.—According to the Act of 1906, the only persons to be regarded as immigrants are aliens skilled in agriculture, commerce, stockraising, arts and crafts, business, or some other kind of active occupation. HUNGARY.—According to Decree No. 204000, dated 15 June 1925, the only aliens who may enter the country in order to take up employment or to establish themselves are those who have received a permit for the purpose, a note of which must be endorsed upon their passports. Application for such permit must be made by the prospective employer to the official employment exchange, if the alien is to be employed in industry, commerce, or mining, or to the employment office attached to the Ministry of Agriculture, if the alien is to be employed in agriculture or sylviculture. In all other cases application must be made to the Minister of the Interior. Workers employed in agriculture and forestry, as also miners and navvies, may obtain a collective permit to enter, and this (contrary to the general rule) without being indicated individually by name, their number only being mentioned. The permit to work further operates as a residence permit. It is available for a period of one year, and may be extended at the request of the employer. A note is endorsed upon the passport of a person passing the frontier for any other motive than that of employment (e.g. for family affairs, as tourists, etc.) to the effect that the holder is not entitled to accept employment upon Hungarian territory. An alien cannot obtain F residence permit if, without authority, he follows a profession or occupation for which authority is required, if he is employed upon work for which national labour greatly in excess of the demand is available, or if the economic interests of the country call for his expulsion. ICELAND.—Aliens arriving in the country are required to specify the kind of work or industry which they intend to take u p ; such work must not be contrary to the law of the country (Act of 12 May 1920). Chapter VI, § 1, contains the regulations concerning the employment of aliens. IRISH FREE STATE.—Under the terms of the Aliens Order 1925, section 1, (2), an alien desirous of entering the service of an employer in the Free State shall not be permitted to land unless he produces a permit in writing for his engagement issued to the employer by the Minister of Industry and Commerce. MEXICO.—The Act of 12 March 1926 lays down in section 29, (1), that persons incapable of work are inadmissible to the country. Immigrant workers may enter only if, when they are undergoing inspection, 84 THE BIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT they produce a contract of employment in conformity with the provisions of Mexican legislation, for a period of at least one year (section 29, (8)). NETHERLANDS.—In general, according to the Act of 13 August 1849, aliens are only admitted to the Netherlands if they have sufficient means of subsistence or can procure them by means of their work. Moreover, in accordance with Circular No. 279, C.R.A., dated 8 May 1919, supplemented by Circular No. 345, A.B., dated 7 September 1926, Netherlands consuls may not visa the passports of aliens coming with the intention of working in the country until they have received the opinion of the Director of the Official Unemployment Insurance and Employment Services, who must himself in certain cases request the opinion of the Employment Exchange of the district to which the intending immigrant desires to go. East Indies.—In accordance with Royal Order No. 32 of 15 October 1915, a residence card may be refused to persons whose presence might be harmful to the economic interests of the population, or the card may be issued in such cases only under certain special conditions_ to be determined by the Governor-General (section 4). . NORWAY.—In accordance with section 2 of the Act of 22 April 1927, an alien coming to Norway in order to seek work or to accept any kind of employment must obtain in advance a special permit to work, which may be accorded either for a limited or for an unlimited period, and either for any work whatever or for specific work. The communal authorities of the place in which the alien is to be employed are usually consulted prior to issuing the permit. PARAGUAY.—Act No. 691 of 31 October 1924 prohibits admission to the country of any immigrant who cannot prove his skill in his trade or occupation by the production of unexceptionable certificates. (Cf. Chapter I I , § 1, for the definition of an immigrant.) PORTUGAL : Colonies.—In all Portuguese colonies the admission of domestic servants or labourers coming from foreign countries or from another Portuguese colony, not having been engaged under a regular contract, is prohibited. (Decree of 14 October 1914, section 90.) (Cf. under heading (f), the provisions relating to admission of workers to Angola.) RUMANIA.—In accordance with the Migration Act of 11 April 1925, the Minister of Labour must draw up quarterly a table showing overcrowded occupations : alien workers following these may only be admitted if they have special authority from the Minister of Labour. Admission is freely permitted to individual workers not following one of the cocupations shown in the table (section 35). Admission is refused to persons having no definite occupation (section 36). Collective admission of skilled workers is subject to the previous approval of the Ministerial Departments concerned (section 42). RUSSIA.—The Decree issued by the Council of the People's Commissaries on 28 January 1927 authorises immigration and repatriation of agricultural workers intending to undertake work for their personal account within the territory of the Russian Socialist Federal Soviet Republic, in order to revive and develop agriculture in the regions where there are vast territories which have never been exploited, or in places which are situated far from populated centres but where lands are available. The intention is to utilise immigrants of this class as a kind of "model labour", thus affording an example to the local population of agricultural exploitation organised in accordance with modern methods. An indispensable condition for the grant of land to agricultural immigrants CONDITIONS RELATING TO TRADE OR PROFESSION 85 and returned emigrants admitted to the territory is that they must be organised in agricultural groups (agricultural communes, cartels, or co-operative associations) in conformity with the Statutes of the Russian Socialist Federal Soviet Republic for the time being in force, on in compliance with these Statutes, from the time they enter the territory. The People's Commissariat of Agriculture, in agreement with the services concerned, decides upon the conditions of admission of immigrants, the manner in which they shajl be organised, their departure from abroad and their establishment in their new place of residence (sections 1 to 3). Individual immigration and repatriation are not allowed unless the parties concerned come for the purpose of joining one or other of these "agricultural communities" in conformity with the definition contained in the Agrarian Code (section 46). I n regions where there is no land available for distribution, admission into an agricultural community is only permitted in the case of immigrants or repatriated persons having relatives in that community, and if the said community executes a document certifying that it accepts the said immigrants as members; their establishment must also be acceded to by the local authorities. I n the districts where large tracts of insufficiently exploited land are available, immigrants and repatriated persons may be admitted even if they have no relative in the community, on condition, however, that the other provisions set out above are respected (section 11). SALVADOR.—Section 1 of the Decree of 23 September 1926 prohibits admission to the country of any person incapable of work. Section 1 of Chapter VI contains the regulations for restriction of the employment of alien workers. SOUTH AFRICA.—The following are not considered as prohibited immigrants : (a) Members of the Tegular naval or military forces ; (b) Persons entering the Union under conditions prescribed by any law or under any convention with the Government of a territory or State adjacent to the Union; (c) Persons of European descent who are agricultural workers or domestic servants, skilled artisans, workmen or miners, if they enter the Union under conditions which the Governor-General has approved, but such immigrants must produce, if required, a certificate of the person authorised to issue such certificates, to the effect that they have been engaged to serve, immediately on arrival in the Union, an employer of repute at adequate wages and for a period of time not less than one year to be fixed in the said conditions. (Immigrants Regulation Act, 1913, section 5.) SWEDEN.—According to the Royal Ordinance of 4 September 1926, the entry visa may only be granted to aliens who come with the intention of working in Sweden after the Minister for Social Affairs has enquired into the matter; the Minister will only authorise the grant of the necessary visa in cases where admission of the alien is considered necessary. For aliens who are required to obtain such a visa, its possession is equivalent to a permit to accept employment in Sweden. Immigrants who are nationals of countries with which a reciprocity agreement has been concluded for the suppression of the visa have to apply to the Minister for Social Affairs for a special permit if they desire to enter Sweden for the purpose of accepting employment there. Application must be made before undertaking the journey. An arriving alien whose passport does not bear a note to this effect may be rejected by the frontier authorities, unless he can give a plausible explanation of the purpose for which he has 86 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT undertaken the journey, or if there appears reason to suppose that he has come for the purpose of accepting employment in the country. Aliens resident in Sweden at the date when the Ordinance came into forceare considered as being in possession of a permit to work (sections 5 to 10). SWITZERLAND.—According to the Federal Order of 29 November 1921, supplemented by that of 7 December 1925, legations and consulates are required to submit to the Federal Government Central Police Office for Aliens each application to cross the frontier, with all necessary particulars, presented by an alien desirous of entering Switzerland in order to live there or to carry on a gainful trade or profession. The applications must be accompanied by a certificate of good character and an exact copy of the criminal record issued by the applicant's country of origin. The Central Office must submit the application to the Canton concerned, which will decide if, and on what conditions, the presence of the alien may be authorised. In cases in which the alien intends to accept employment, the Cantonal authority must, before granting permission, consult the Cantonal Employment Exchange. The Central Office has to decide if the alien may cross the frontier ; in agreement with the Canton it may allow the alien to cross the frontier before the conditions of residence have been settled. The legations and consulates;, when they have„ received the consent of the police authorities of the Canton to which the applicant wishes to go, may grant a visa on their own account to seasonal workers (i.e. those coming to work in Switzerland for the season only) and female domestic servants. In these cases it is unnecessary to produce a certificate of good morals and an extract of the criminal record. The conditions of residence for every alien entering Switzerland must be settled at the time the declaration of arrival is made. Permission to stay or reside in the country is given by the Canton, but the Central Office has the right to oppose the grant of such permission. If the Central Office does not oppose the grant within one month of the date upon which it received the application from the Cantonal authority, together with the necessary papers, the permit is definitely granted. An alien may not carry on a gainful profession before the expiry of the month or before the Central Office has come to a decision in virtue of its right of rejection. In urgent cases the Canton may grant a provisional authorisation; in such case is must immediately notify the Central Office. There are two cases in which the Central Office has no right of opposition : (a) When, in view of the circumstances and the reasons for residence, it seems probable that the alien will only remain in Switzerland for a short time, and when he agrees in writing not to undertake or exercise any gainful profession, the Cantonal police authorities or the Cantonal authorities entrusted with the supervision of aliens may issue authorisations for a limited period not to exceed two years from the date of crossing the frontier, in which case the Central Office cannot exercise its right of rejection; (b) The Cantons are entitled, the Central Office having no right of rejection, to issue authorisations for residence during the current season to seasonal workers, and for residence during a period not exceeding two years to female domestic servants and, since 1923, to agricultural workers K Reference may also be made to the conditions of employment indicated in § 4 of Chapter VI. U N I T E D STATES.—"Contract labourers" who have been induced to migrate to the United States by offers of employment, or in consequence 1 This addition was made upon the motion of the Federal Council. Cf. Rapport du Conseil Federal à l'Assemblée sur sa gestion en 1923. CONDITIONS RELATING TO TRADE OR PROFESSION 87 of an agreement to perform labour in that country, are forbidden to enter the United States. (Immigration Law, 1917, section 3.) In the Act of 26 February 1885, prohibiting importation of labourers under contract, it is stated that all contracts or agreements . made to perform labour previous to the migration of the person whose labour is contracted for shall be utterly void and of no effect (section 2). Skilled labour may be imported if labour of like kind unemployed cannot be found in the United States, the question of the necessity of importing such skilled labour in any particular instance being determined by the Secretary of Labour. Application for permission to do this must be submitted in due time by the person, company or corporation seeking such privilege to the immigration official in charge of the district within which it is proposed to employ such skilled labour (section 3). (Cf. also Chapter VI, § 2 : "Recruiting".) The immigration official in charge conducts a thorough investigation (using contract-labour inspectors). The entire record is summarised and submitted to the department with appropriate recommendation. When a decision is favourable, a copy of the record is transmitted to the port at which it is proposed the alien contract abourers shall enter. (Rule 8, 1927, Subdivision C, D, E.) So-called "student labourers" may be admitted temporarily under contract if engaged by employers desirous of training aliens in their establishments, provided that such "student labourers" are admissible in every other respect except that they migrate under contract, and provided a bond is furnished for each such alien in the penalty of not less than 500 dollars, guaranteeing that the alien will be employed in no other than in a student capacity while within the United States and will leave the country immediately upon the conclusion of his course of training. (Rule 8, Subdivision F, 1927.) The Act of 19 October 1888 promises persons who supply information as to infringement of the regulations relating to the introduction of workers engaged by contract a fair share of the fines collected, in no case, however, exceeding 50 per cent, (section 1). These regulations do not apply to the tickets or passage of aliens in immediate and continuous transit through the United States to foreign contiguous territory. Professional actors, artists, lecturers, singers, nurses, ministers of any religious denomination, professors of colleges or seminaries, persons belonging to any recognised learned profession, or persons employed as domestic servants are declared not to come within the scope of the "contract labour" provisions of the Act. Finally, nothing in the contract labour or reading-test provisions of the Act is to prevent any alien exhibitor or holder of concession or privilege for any fair or exposition authorised by Act of Congress from bringing into the United States under contract such otherwise admissible alien mechanics, artisans, agents or other employees, natives of his country, as may be necessary for installing or conducting his exhibit under such rules and regulations as the Commissioner-General of Immigration may prescribe. (Immigration Act, 1917, section 3.) URUGUAY.—The Decree of 18 February 1915 prohibits the landing of persons of itinerant occupations or following their trade in temporary buildings which, in the opinion of the immigration authorities, might be dangerous to the population either on account of the trade carried on therein or owing to lack of hygienic conditions (section 3). According to the Act of 1890 any immigrant seeking admission must offer proof of his skill at some kind of work in the form of a certificate issued and authenticated free of charge by the consular agent of the Republic in the port of embarkation (section 9). 88 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT (h) CONDITIONS RELATING TO A G E OR S E X Immigration laws in general tend to favour the settlement of active elements, and t o exclude weak or useless individuals together with those who seem likely to become a public charge. For this reason, restrictive measures frequently have special application to aged persons. An age-limit of sixty years is t h a t most frequently fixed for admission; b u t exceptions are nevertheless often allowed in respect of aged persons belonging t o and accompanying a family of admissible immigrants, or coming t o join an immigrant family already established in the country, aged persons who have previously resided in the country, and those who have private means. Mention may also be m a d e here of the circumstance t h a t descendants of immigrants just entering a country or who have already been admitted are frequently exempted from the literacy tests applied t o immigrants properly so called, which were dealt with under heading (e). I n some countries minors unaccompanied by members of their family are refused admission, a t least under a specified age regarded as t h a t a t which they can provide for themselves by their own labour. The minimum age-limit thus fixed sometimes differs according to sex. I n other cases, conditions of age are imposed not for the purpose of determining whether individuals may enter the country, b u t as a criterion of their eligibility to benefit by certain advantages accorded b y the laws to immigrants regarded as of use to the country concerned (e.g. free: transport, grants of land suitable for settlement, etc.). Again, children accompanying their parents are often exempted, if under a certain age, from certain requirements imposed upon other immigrants (e.g. to furnish proof of minimum educational attainments, of the possession of a certain capital, etc.); mention was m a d e of these exceptions when the obligations themselves were considered. Special provisions are sometimes enforced in respect of the admission of women. Apart from the police measures relating t o questions of morality, dealt with under heading (b), the present section refers t o a number of regulations tending t o t h e exclusion, as elements useless to the economic life of the country, of unaccompanied women burdened with minor children, as also of CONDITIONS RELATING TO AGE OR SEX 89 elderly women who, in certain cases, are declared inadmissible at a less advanced age than men. There are certain provisions relating to collective immigration which may also be referred to here; for they fix the proportion of males and females of which each group of workers is to consist. As a rule, the introduction of entire families is facilitated; however, without entering into any detailed examination of provisions which are usually contractual and not legislative, it may be pointed out that the policy of certain countries in respect of the introduction of labour consists, in cases where the immigration is considered to be of a temporary nature, in giving the preference to unmarried males, and thus tends to restrict the immigration of females. In § 3 of Chapter XI, where the distribution of immigrants is considered, certain provisions are cited tending to prevent the separation of families. J A P A N E S E M A N D A T E D T E R R I T O R Y : South Sea I s l a n d s . — Employers may not recruit any immigrant worker under twenty years of age without the written consent of parents or guardians, nor any married woman without the consent of her husband. Permission must be obtained from the Chief Local Authority for the employment of children under twelve years of age in manufactures utilising machinery or for dangerous work, and for that of young persons under twenty years of age or women for night work or work exceeding eight hours a day. (Regulation concerning immigrant workers, dated 27 December 1918, section 4.) ARGENTINA.—Section 10 of the Decree of 31 December 1923 lays down t h a t persons over sixty years of age will not be admitted, even if they have previously been resident in the country, unless they hold a special landing permit issued by the General Immigration Office. Children under fifteen years of age arriving unaccompanied or even in the company of their parents must hold a birth certificate duly authenticated by the Argentine consul ; failing this, they will be refused admission. Women who are alone, with children under fifteen years of age, are admitted only if they hold a special landing permit issued by the General Immigration Office. This permit will be issued if among their children there are some over fifteen years of age who are capable of maintaining the entire family, or if the immigrant herself has sufficient means to provide for them. (Instruction concerning papers to be carried by travellers to the Argentine Republic, Ministry of Foreign Affairs, 1926, § I I , (9).) Moreover, women and girls travelling alone are required to indicate upon their arrival the person to whom they are going. The immigration authorities then ascertain if the person mentioned is of satisfactory reputation. Female immigrants who have no person expecting them are kept on board or in the Immigrants' Hostel until a satisfactory post has been found for them by the Employment Office attached to the Immigration Service. In order to avoid this waiting period, women travelling alone are advised to carry a letter of invitation from a member of their family or an employer. BRAZIL.—According to Federal Decrees Nos. 4247 of 6 January 1921 and 16761 of 31 December 1924, and the Circular No. C E . 124/1 of 16 January 90 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT 1926, admission to the national territory is refused to aliens over sixty years of age unless they prove that they possess sufficient means to provide for their own maintenance or that parents or others are prepared to undertake the responsibility of providing for them and will with that object in view deposit a guarantee with the police authorities of their place of residence (section 5 of the Circular above referred to ; cf. also in the following section the Minas Geraes Regulations on this matter). Women alone and children under eighteen years of age may not land in Brazil unless they have been invited by duly authorised persons or can prove that they follow some useful occupation or profession (idem., section 10). CANADA.—Owing to unemployment conditions existing in Canada the Order-in-Council of 31 January 1923 (P.C. 183) forbids the immigration of persons of any class or occupation unless, among other things 1 they can prove themselves to be : (1) The wife, or child under eighteen years of age of any person legally admitted to and resident in Canada who is in a position to receive and care for his dependants; (2) The father or mother, the unmarried son or daughter eighteen years of age or over, or the unmarried brother or sister of any person legally admitted to and resident in Canada who has satisfied the Minister of his willingness and ability to receive and care for such relative, provided he himself has observed the conditions under which he was admitted to Canada. According to the Order of 22 January 1920 (P.C. 115) the landing of immigrant women a t any port of entry in Nova Scotia, New Brunswick and the Province of Quebec is prohibited unless they are accompanied by their husband, father, mother or other relative approved by the Canadian Superintendant of Immigration in London or unless they are provided with a "sailing permit" issued by that official. CUBA.—The maximum age at which immigrants are allowed to land in Cuba is sixty years, except in the case of persons who, in the opinion of the Immigration Commission, are not likely to become a public charge. (Decree No. 384, dated 2 March 1925, section 7.) Cf. also under heading (b), special police measures relating to women. FRANCE : Colonies.—The Decree of 27 March 1852 which is regarded as still in force, laid down certain restrictions relating to the age and sex of persons immigrating to Martinique, Guadeloupe, French Guiana, and Reunion with the assistance of a State subsidy. As, however, the French Government no longer grants a subsidy the provisions referred to are actually nugatory. According to this Decree, immigrants travelling alone, who have not received State assistance, will only be admitted if they are at least fifteen years of age. If between fifteen and twenty-one years they must be introduced to the recruiting agent by their parents or guardian (section 9). More recently a Decree dated 6 May 1903 relating to immigration to Madagascar and one of 24 February 1920 relating to immigration to the French Establishments in Oceania stipulate that convoys of immigrants to these colonies may include only persons able to work. No child may be allowed to embark unaccompanied by its parents. In the case of Madagascar, it is stipulated that any such convoy must include at least one-half as many women as men (section 12). In Cambodia any Asiatic alien over fifty years of age, who is at the time of his arrival considered unfit to earn his living or who is not claimed by a 1 Ci. Canada, under headings, (f) and (a) of present section. CONDITIONS RELATING TO AGE OR SEX 91 relation known to the authorities of the country, may only be accepted by one of the "congregations" if the latter undertakes to guarantee payment to the competent authority of the taxes for which such Asiatic alien is liable. In case of non-payment, the whole of any sums due must be met by the congregation, no deduction being allowable. (Order dated 15 November 1919, section 8.) GUATEMALA.—Immigrants over sixty years of age are only admitted if they are members of a family established in the country or have arrived in the company of a family which has come to settle there. (Immigration Act of 1909, section 4.) HONDURAS.—The Immigration Act of 8 February 1906 lays down that persons over sixty years of age are inadmissible unless, being the father or mother of a family, they have accompanied such family which has come to settle in the country, or have come to join such family already settled there (section 3). MEXICO.—In accordance with the Act of 12 March 1926, male persons under twenty-one years and female persons under twenty-five years, who are not subject to the authority of any member of their family who is already of full legal age, or in charge of a person of good reputation already resident in the country, under whose guardianship they legally are and who is responsible for their maintenance and education, are not allowed to enter Mexico. Aged persons who are considered likely to become a public charge are not admitted. When they are able to prove that they are not liable to become a public charge, their admission is subject to the consent of the Federal Government (section 29). NEW ZEALAND.—Where any person, not being a prohibited immigrant, lands in New Zealand accompanied by his wife or children, such wife or children are not deemed to be prohibited immigrants. (Immigration Restriction Act 1908, section 16.) PANAMA.—In order to benefit by the advantages provided for by Act No. 32 dated 7 March 1919, immigrants must be under fifty years of age (section 2). Cf. also under heading (J) of the present section conditions relating to the arrival of an established immigrant's family. PARAGUAY.—The Immigration Act of 6 October 1903, of which the main provisions are still in force, lays down that in order to be eligible to benefit by the advantages provided for immigrants under the laws of the country, an immigrant must be under fifty years of age unless he can prove t h a t he belongs to a family able to maintain him, or that he has sufficient private means for that purpose (section 4). Decree No. 20173 of 24 February 1925 for the application of Act No. 691 of 31 October 1924, to amend section 14 of the Immigration Act, forbids Paraguayan consuls to visa the passports of aged persons (over sixty years) except such as have already in the country a son, grandson, or husband or wife ; or those of unaccompanied women over forty years of age who come without the support of husband, father, son or grandson capable of work. Exceptions, however, are provided for in the case of persons whose application is supported by a special permit issued by the Department of Lands and Colonies or by the Paraguayan legation or duly accredited national consul in the country to which such applicants belong. PORTUGAL : Colonies.—Admission of native workers under fourteen years of age unaccompanied by a member of the family (father, mother, 92 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT brother, grand-parent, uncle, or aunt) is forbidden. If a child of this description arrives in the compamy of a European or a person assimilated to a European from the legal point of view, such child may be permitted to land if the person in whose company he is deposits a sum of 100 escudos * and makes a declaration in due form by which he assumes responsibility for the care of the child. This deposit is retained until the child reaches eighteen years of age. I t is intended to serve for the child's education and maintenance, and for his repatriation should he be abandoned. (Section 90 of the Native Labour Decree, dated 14 October 1914.) U N I T E D STATES.—Special regulations are made for children under sixteen unaccompanied by or not coming to one or both of their parents. Without prejudice to other restrictions imposed upon immigrants in general, and which are also applicable to them, such children may be admitted on primary examination, when the immigration officer is satisfied; (a) That they are in good mental and physical condition; (b) that while abroad they have not been the objects of private charity ; (c) that they are going to near relatives who are able and willing to support and properly care for tliem; (d) that it is the intention of such relatives to send such children to day-school until they reach the age of sixteen; and (e) that they will not be put to work unsuited to their years; or (a) That the child is to attend a designated reputable institution of learning for which provision has been made in advance ; or (b) t h a t the child is merely in transit, and the person accompanying such child will convey him through and out of the United States; or (c) that the child is to make a temporary visit to his relatives. In cases where all the above conditions are not met, but the immigration officer on primary examination is satisfied that the applicant is admissible, the case may be referred to the immigration officer in charge, and if he is likewise satisfied of the applicant's admissibility, the case may be disposed of on primary examination; otherwise it shall be referred to a board of special enquiry. (Immigration Rules, 1 March 1927, Rule 3, subdivision N.) Moreover, as has been seen in § 1, ( a), of the present chapter, the provision relating, to the application of the annual quota of each nationality favour the members of United States citizens' families. URUGUAY.—In accordance with the Decree of 15 February 1915, persons of sixty years of age are refused admission unless they come as the head and in the company of a family, and can prove their relationship or can prove before embarkation that they have relatives in Uruguay who are able and willing to support them (section 4). VENEZUELA.—Admission to the national territory is refused to persons under sixteen years of age unless they are accompanied by an adult or are taken charge of by a resident (Aliens Act of 23 July 1925, section 13). Individuals over sixty years of age are not admitted unless, being the father, mother, grandfather, or grandmother, they accompany their family or come to rejoin it. (Act of 26 June 1918, section 9.) (i) P H Y S I C A L CONDITION The object of the provisions considered in the present subsection is twofold. I n the first place it is desired t o prevent the 1 One Portuguese escudo = approximately 2td. PHYSICAL CONDITION 93 admission of persons incapable of work on account of infirmity, i.e. physical deformity or physical or mental disease, since individuals in such condition constitute for the country receiving them elements which, in addition t o being useless, may one day become a public charge, either because their condition necessitates their admission to hospital or because they may be reduced t o living upon charity. I n cases where such persons possess private means sufficient for their maintenance, or if members of their family undertake t o assist them, they are nevertheless admitted in almost all countries of immigration. The same often applies to sick aliens having retained their domicile in the country of immigration, which they desire t o re-enter after a period of absence. Secondly, certain provisions tend to the exclusion of persons suffering from disease, who constitute a risk of infection to the inhabitants of the country or a danger t o the race if they marry nationals of the country. There are two possibilities between which a distinction may be drawn, as follows : individuals suffering from acute illness may be prevented from entering the country during t h e period of their sickness; it is in this spirit t h a t quarantine precautions have been established in the various ports in respect of passengers carried by a vessel whose sanitary condition may be regarded as dangerous, in view of the region from which she comes or of the ports a t which she has touched. This is a measure of hygienic policy which affects all travellers, whether immigrants or not. There are, however, other individuals who are regarded as definitely inadmissible : i.e. persons who are suffering from certain chronic contagious diseases. Lists of such diseases appear in m a n y of the immigration laws; and of late years special attention has been paid to diseases which might have a degenerative effect upon the race. I n order t o ascertain the condition of health of newcomers, a medical certificate made out in accordance with the regulations in force is frequently required, either b y the national representative abroad before the necessary visa is issued, or at the frontier of t h e country of immigration. This certificate may either be replaced by or supplemented by a medical examination; examination on these lines is sometimes effected at the place of departure, 94 THE BIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT but more frequently takes place when the immigrant is passing the frontier of the country of immigration. Examination at the place of departure is, moreover, often only of a preliminary nature, and does not exclude the possibility of a contrary decision being arrived at by the Examining Committee at the place of entry. Detailed explanations relative to such examinations will be found in Chapter VIII. BRITISH MANDATED TERRITORIES : Palestine.—By the Immigration Ordinance, 1925, it is provided that permission to enter Palestine may not be granted to a person who : (a) Is a lunatic, idiot or mentally deficient; or (b) Is suffering from any disease -which is declared by Regulations made under the Ordinance to be such as to disqualify him from entry into Palestine, or (c) Refuses to comply with the requirements of any Regulations made under the Ordinance in the interests of public health (sections 5, (la), (1À), (li)). The Regulations made by the High Commissioner under the Ordinance prohibit the entry into Palestine of any person who : (a) Is suffering from epilepsy, leprosy, syphilis, active tuberculosis or any other disease which in the opinion of a medical officer of the Government renders or is likely to render him a danger to the health of the community ; or (b) If suffering from any infectious or contagious disease, other than those referred to above., refuses to submit to isolation and treatment in hospital at his own expense until cured and free from infection; or (c) If failing to produce evidence of having been successfully vaccinated against smallpox within a period of seven years prior to the date of his arrival, refuses to be vaccinated; or (d) If required by a medical officer of the Government to submit to inoculation against any disease, refuses to be inoculated; or (e) If required by an immigration officer or a medical officer of the Government to undergo disinfection of his person or personal effects at his own expense, refuses to undergo such disinfection; or (f) If required by an immigration officer or a medical officer of the Government to undergo a period of medical observation or detention in a quarantine lazaret, refuses to undergo such period of observation or detention. Tanganyika.—By the Immigration Ordinance, No. 16 of 1924, the immigration is prohibited of idiots or lunatics, or of any person certified by a medical officer to be suffering from a contagious or infectious disease which makes his entry into the Territory dangerous to the community. An immigration officer may, with the consent of the medical officer, grant a licence to a n immigrant suffering from a contagious or infectious disease to remain in the Territory for the purposes of treatment, subject to such conditions as the medical officer may deem necessary for the protection of the community. On the conclusion of his treatment, or at such earlier time as may be specified in the licence, the immigrant shall present himself in person to the immigration officer for examination (sections 5, 9). J A P A N E S E MANDATED TERRITORY : South Sea Islands.— In accordance with Order No. 1, dated 2 February 1925, the Chief of the PHYSICAL CONDITION 95 Legal Administrative Office may prohibit the landing of aliens suffering from mental deficiency or disease, or from a disease which is contagious or dangerous to the public health (section 1, (5), (6)). NEW ZEALAND MANDATED TERRITORY : Western Samoa.— The landing in Western Samoa is prohibited of any person, other than a permanent resident, who is of unsound mind or affected by venereal disease, tuberculosis or leprosy, and if the Administrator hears that such a person is about to arrive from beyond the sea,he may prohibit his landing. (Immigration Consolidation Order, 1924 (sections 5 (1), 13 (1«), 13 (lc).) SOUTH AFRICAN MANDATED TERRITORY : South-West Africa.—The immigration is prohibited of any person who is afflicted with leprosy or with any such infectious, contagious or loathsome disease as is defined by the regulations. No person suffering from tuberculosis may enter the Territory unless he has a permit of entry. The immigration is likewise prohibited of any person who is deaf and dumb, or deaf and blind, or otherwise physically afflicted, unless in any such case he, or the person accompanying him, or some other person, gives security to the satisfaction of the Administrator for his permanent support in thej Territory or for his removal therefrom whenever required by the Administrator. (Immigrants Regulation Proclamation, No. 23 of 1924, section 1,(1).) By the Immigration Regulations, 1924, Regulation 18, the following are declared to be excludable diseases : leprosy, trachoma, favus, framboesia or yaws, syphilis, scabies. ARGENTINA.—Section 10 of the Decree of 31 December 1923, for the application of the Immigration Act, No. 817 of 1876, prohibits the admission of persons showing symptoms of tuberculosis, leprosy, or trachoma in any form, whether healed or not, or of any other chronic defect which may lessen their capacity for work; and of persons suffering from dementia or mental disease in any form whatsoever : idiocy, imbecility, epilepsy, etc., and of persons having any organic defect or blemish, whether congenital or acquired, and whether total, or partial, which makes them useless or in any way whatever lessens their capacity for work : e.g. persons who are blind, deaf and dumb, or paralytics, and persons suffering from rachitis; dwarfs, one-armed persons, and those disabled in one leg or afflicted in any other manner which would make it impossible to consider them as completely fit for work. A medical certificate is not required of immigrants in all countries before the visa can be issued, nor is such a certificate of any use to ensure admission to the country. A circular addressed to Argentine consuls dated 18 August 1925 recalls the fact t h a t a satisfactory medical examination upon arrival can alone ensure permission to land, as it enables the condition of health of the person seeking admission to be ascertained a t the time of his arrival. Nevertheless, in countries where trachoma is rife, Argentine consuls were instructed by a Circular dated 6 February 1925 to require intending emigrants to furnish two medical certificates, one of these to be obtained from an oculist who would be able to distinguish any existing symptoms of trachoma. AUSTRALIA.—The Immigration Act, 1901-1925, prohibits the entry into the Commonwealth of the following persons : those not possessed of the prescribed certificate of health ; those suffering from a serious transmissible disease or defect, from pulmonary tuberculosis, trachoma, or from any loathsome or dangerous communicable disease; those suffering from any disease or mental or physical defect which is liable to render the person concerned a charge upon the public or upon any public or charitable institution; idiots, imbeciles, feeble-minded persons, epileptics, persons suffering 96 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT from dementia, and persons who have been insane within five years previously, or who have had two or more attacks of insanity; any person suffering from any disease, disability, or disqualification which is prescribed (section 36, 3c, 3d, 3e, 3/, 3g). An immigrant is deemed to bis a prohibited immigrant if within three years of his entering the Commonwealth he is found t o be suffering from or affected with any disease mentioned in the Act or regulations, unless it is proved that he was free from the disease at the time he entered the Commonwealth (section 5). Papua.—The Immigration Restriction Ordinance, No.2 of 1908, prohibits the admission to the country of any idiot or insane person (section 2, (3)). The immigration of persons suffering from any loathsome, contagious, infectious or dangerous disease is likewise prohibited (section 2, (4)). B E L G I U M : Congo.—The following are considered as undesirable persons and may not enter the territory : (a) Persons not in full possession of their mental faculties; ( b) Persons suffering from epilepsy or from a loathsome or contagious disease : trachoma (granulations palpébrales), fa vus, framboesia, syphilis, scabies, or from active tuberculosis or any epidemic disease ; (c) Infirm persons who are likely to become a public charge. A medical certificate of recent date testifying t h a t the immigrant shows no symptoms of any of the diseases enumerated is demanded. Aliens already in the Congo who seem likely to be suffering from one of these diseases may be required to undergo medical examination by a medical officer indicated by the Government. (Decree dated 20 January 1921 and Administrative Ordinance relating to human tuberculosis dated 7 August 1921 ; Legislative Ordinance dated 8 March 1922, section 2, with Executive Ordinance relating to Immigration and Official Opinion upon Conditions of Admission to the Belgian Congo.) BOLIVIA.—By the Act of 12 January 1924 admission to Bolivian territory is forbidden to persons suffering from any contagious disease, idiots, persons afflicted with any other form of mental trouble, epilepsy, or chronic alcoholism, paralytics, infirm, blind, deaf and dumb, or disabled persons when these are likely to become a public charge. These provisions are only applicable to aliens not having legal domicile in Bolivia. Any person desiring to enter the country is required to produce a certificate of vaccination against smallpox and a document testifying that he is in a satisfactory state of health ; the latter must be drawn up by the competent Bolivian consul in accordance with a doctor's certificate. Any person entering Bolivia without suidi document in his possession and coming under any of the prohibited categories above mentioned is ordered to leave the territory immediately. BRAZIL.—Federal Decree No. 4247 relating to immigration, dated 6 January 1921, prohibits the admission to Brazil of any alien who is mutilated, disabled, blind, suffering from mental disease or from a serious incurable or contagious disease ; nevertheless, such persons (with the exception of such as are suffering from serious contagious disease) may be freely admitted to the country if they can prove that they have sufficient means to provide for their maintenance, or if relatives or other persons are prepared to guarantee their maintenance by signing a declaration to that effect in the presence of the police authorities. A medical certificate is required. The State of Minas Geraes, by a Regulation relating to Immigration Services approved by Decree No. 6990 dated 24 September 1925 (section 3), adopts the whole of the foregoing stipulations, adding, however, t h a t each family must include a proportion of one individual who is healthy and 97 PHYSICAL CONDITION capable of work for every disabled individual admitted, or for every two individuals over 60 years of age. CANADA.—Persons afflicted with tuberculosis in any form, or with any contagious or infectious disease which may become dangerous to the public health, are forbidden to enter the country, whether such persons intend to settle in Canada or only to pass through Canada in transit to some other country. If, however, such disease is one which is curable within a reasonably short time, such persons may, subject to the regulations, be permitted to remain on board ship if hospital facilities do not exist on shore, or to leave the ship for medical treatment. The following persons are excluded from Canada : those suffering from chronic alcoholism; those of constitutional psychopathic inferiority; idiots, imbeciles, feeble-minded persons, epileptics, insane persons and persons who have been insane at any time previously; immigrants who are dumb, blind or otherwise physically defective; persons who upon examination by a medical officer are certified as being mentally or physically defective to such a degree as to affect their ability to earn a living, unless in the opinion of a Board of Enquiry, or an officer acting as such, they have sufficient money, or have such legitimate mode of earning a living, that they are not liable to become a public charge, or unless they belong to a family accompanying them or already in Canada, and which gives security satisfactory to the Minister against such immigrants becoming a public charge. (The Immigration Act, 1910-1924, sections 3a, 36, 3c, 3k, 31, 3m.) It is unlawful for any transportation company to bring such an immigrant to Canada, and the company is liable to a fine in respect of each immigrant so brought if it can be shown that the existence of the disease, defect or disability might have been detected at the port of embarkation by a competent medical examination. (Idem, section 48 (3), (4).) On arrival in Canada immigrants are required to undergo medical examination for the purpose of ascertaining that their state of health is not such as to become a danger to public health or to make them a public charge. (Idem, section 28.) CHILE.—Immigrants appearing to come under one of the categories of disease indicated in subsection 2 of section 110 of the Chilian Sanitary Code (incurable diseases or incurable organic affections) are refused admission. COLOMBIA.—Admission is prohibited to immigrants coming under any of the following descriptions : (a) Persons suffering from chronic or contagious diseases such as tuberculosis, trachoma, leprosy, or any form of sickness calling for quarantine. Persons suffering from acute, serious or contagious illness will be placed in quarantine, and must themselves defray the cost of medical aid; (b) Persons suffering from mental disease, including those suffering from feeble-mindedness, mania and paralysis, chronic alcoholism, ataxia, idiocy, cretinism; (c) Cripples whose physical infirmities render them unable to work. Nevertheless, persons coming under (b) and (c) above may be admitted if they belong to a family of immigrants the other members of which enjoy good health and are able to work. Similarly, aliens resident in Colombia are exempt from these provisions when returning to the country after an absence abroad not exceeding three years. I n order to obtain the necessary passport visa, a medical certificate must be submitted to the Colombian consul, and the passport must indicate the holder's state of health. (Decree No. 48, dated 3 November 1920.) 7 98 THE BIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT COSTA RICA.—In accordance with the Act of 24 November 1905 and t h a t of 5 June 1906, admission is refused to lunatics, idiots, imbeciles, the blind, deaf-mutes, persons suffering from leprosy, bubonic plague, yellow fever, tuberculosis or any other contagious or infectious disease, also to persons incapacitated for work. These provisions notwithstanding, blind persons, deaf-mutes, imbeciles and defective persons may be allowed to enter if indubitable proof can be offered that they have sufficient means of existence. According to the Decree of 16 March 1927, a medical certificate must be submitted before a passport can be visaed; and port medical officers may not allow persons to land who are not in possession of such certificate. Moieovei, if the health of an arriving traveller gives rise t o any doubt, such officers must themselves examine the person concerned. This provision does not, however, apply to aliens already established in the country, and returning after an absence abroad. CUBA.—Immigrants who aie idiots, imbeciles, or persons affected with a loathsome, serious or contagious disease are excluded. (Order No. 155 of 15 May 1902, section 1.) ECUADOR.—In accordance with the Aliens Act of 18 October 1921, the following are excluded : lunatics and idiots, and persons suffering from incurable disease, if they are incapable of earning their living or may in accordance with the laws emd sanitary regulations be regarded as dangerous to the public health (section 22). FRANCE.—Certain recent provisions are drafted with the intention of exercising State supervision over immigrants' health. In accordance with a Circular dated 15 February 1927 and subsequent instructions to diplomatic and consular representatives, all written engagements or contracts of employment must be accompanied by a medical certificate bearing the French consular visa; this certificate must be obtained from a doctor approved and chosen by the consul so as to afford every possible guarantee to t h e French authorities. The certificate is to be made out in accordance with the results of a medical examination, which must show not only the physical litness of the person in question for the work which will be required of him, but also the absence of certain specific diseases; it must also certify t h a t certain precautions have been taken in accordance with instructions issued by the French Higher Council of Public Health. These instructions are to the effect that the Certificate shall only be given when, as a result of examination, it has been ascertained : (a) That the applicant is not afflicted with any form of mental disease, epilepsy or blindness, and is not a deaf-mute (in case of doubt, an enquiry shall be undertaken and the applicant may be required to sign a declaration) ; (b) That the applicant is not addicted to any form of toxicomania, more especially alcoholism; (c) That the applicant is not suffering from any infectious disease in an active state (leprosy, trachoma, and — in so far as they are contagious in character — tuberculosis, venereal diseases, and parasitic or microbio diseases); (d) That the applicant has been duly vaccinated against smallpox and cleansed from vermin, if these operations were called for. The consular visa is issued frei; of charge, but the immigrant must pay the doctor's fee. Consuls are required to see t h a t such fees are on a moderate scale. Colonies.—West Africa. In accordance with section 1 of the Decree of 24 January 1925, an alien, in order to be allowed to land, must produce PHYSICAL CONDITION 99 a medical certificate of recent date issued by a doctor duly accredited by the authorities of the alien's country of origin; this document must be authenticated by a French consul, and must testify that the applicant is not suffering from any contagious disease. The Decree of 5 March 1927 further stipulates t h a t travellers of whatever nationality whose country of origin is a colony or protectorate or a mandated territory must upon arrival comply with any special prophylactic measures which may be ordered in regard to them under any circumstances by Decree of the Governor-General in Permanent Committee of the Government Council. G R E A T BRITAIN.—Under the Aliens Order, 1920, section 1, an alien is not allowed to land if he is a lunatic, an idiot, mentally deficient or if he is the subject of a certificate given by a medical inspector to the effect t h a t for medical reasons it is undesirable that the alien should be permitted to land. Colonies.—In most of the British colonies the immigration is prohibited of idiots, imbeciles and persons who are mentally defective, of persons suffering from contagious or communicable diseases, and of persons who are deaf, blind or infirm. Generally the prohibition is complete, but in some cases the entry of such persons is permitted if security can be given t h a t they will not become a charge on the public funds. The following colonies prohibit the entry of persons who are idiots, insane or mentally defective : Bermuda : Immigration Act, No. 58 of 1902, section 4. Fiji : Immigration Restriction Ordinance, No. 2 of 1909, as amended by No. 7 of 1917,section5 (d). Gambia: Immigration Restriction Ordinance, No. 12 of 1924, section 5 (b). Gold Coast : Immigration Restriction Ordinance, No. 9 of 1925, section 5(b). British Honduras: Immigration of Undesirable Persons Ordinance, No. 20 of 1921, section 5 (Id). Jamaica: Immigration Restriction Law, No.36ofl919,section4f& / ). Leeward Islands : Aliens Admission Regulation Act, No, 13 of 1922, section 4 (3). Nigeria : Immigration Restriction (Amendment) Act,No. 31 of 1924, section 3. Nyasalaria : Immigration Ordinance, No. 17 of 1Ö22, section 4 (h). Northern Rhodesia .-Immigrants Regulation Proclamation, No. 15 of 1915, section 2 (7). Southern Rhodesia : Immigrants Regulation Act, No. 7 of 1914, section 2 (7). Sierra Leone : Undesirable Persons (Prevention of Immigration) Ordinance, No. 17 of 1924, section 4 (b). Somaliland: Immigration Restriction Ordinance, No. 4 of 1924, section 6 (b). Straits Settlements : Passengers Restriction Ordinance, No. 169 of 1919, section 1 (a). Uganda : Immigration Restriction and Removal of Undesirables Ordinance, 1913, section 2 (3). Zanzibar : Immigration Regulation and Restriction Decree, No. 8 of 1923, section 2 (/2). In Nyasaland, and Northern and Southern Rhodesia the admission of idiots or persons who are mentally defective is permitted if they are accompanied by someone who will give satisfaction to the Government t h a t they will not become a public charge. (Nyasaland; idem, section 4 (h). Northern Rhodesia : Idem, section 2 (7). Southern Rhodesia : idem, section 2 (7)). The laws of certain colonies provide that any person bringing into the colony persons who are mentally defective, idiot, or insane shall be liable to pay the Government all expenses incurred through their maintenance and deportation. (Gambia : idem, section 13 (3). Gold Coast : idem, section 14 (3). Nigeria : idem, section 8. Sierra Leone : idem, section 12 (2). Somaliland: idem, section 15 (3). Zanzibar: idem, section 13.) The immigration of epileptics is prohibited in Jamaica, Nyasaland, and Northern and Southern Rhodesia, but in Nyasaland, and Northern and Southern Rhodesia, as in the case of idiot and feeble-minded persons, their admission is possible if they are accompanied by someone who will give security t h a t they will not become a public charge. (Jamaica : Immigration 100 THE EIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT Restriction Law, No. 36 of 1919, section 4 (b). Nyasaland : Immigration Ordinance, No. 17 of 1922, section 4 (h). Northern Rhodesia : Immigrants Regulation Proclamation, No. 15 of 1915, section 2 (7). Southern Rhodesia : Immigrants Regulation Act, No, 7 of 1914, section 2 (7).) Persons who are blind, deaf, dumb or suffering from some physical infirmity are forbidden to enter the following colonies : Bermuda : Immigration Act, No. 58 of 1902, section 4; Nyasaland : Immigration Ordinance, No. 17 of 1922, section 4 (h) ; Northern Rhodesia : Immigrants Regulation Proclamation, No. 15 of 1915, section 2 (7); Southern Rhodesia : Immigrants Regulation Act, No. 7 of 1914, section 2 (7). Exceptions may be made as in the above cases in Nyasaland, Northern and Southern Rhodesia, to persons: for whom support is guaranteed. The laws of several British colonies prohibit the immigration of persons suffering from loathsome, contagious, communicable or dangerous diseases. (Federated Malay States : Passengers Restriction Ordinance, No. 6 of 1922, section 8 (Id). Fiji : Immigration Restriction Ordinance, No. 2 of 1909 as amended by No. 7 of 1917, section 5 (lc). British Honduras : Immigration of Undesirable Persons Ordinance, No. 20 of 1921, section 5 (le). Jamaica : Immigration Restriction Law, No. 36 of 1919, section 4 (c), 4 (d). Nyasaland : Immigration Ordinance, No. 17 of 1922, section 4 (g). Northern Rhodesia : Immigrants Regulation Proclamation, No. 15 of 1915, section 2 (8). Southern Rhodesia : Immigrants Regulation Act, No. 7 of 1914, section 2 (8). Uganda : Immigration Restriction and Removal of Undesirables Ordinance, 1913, section 2 (4). Zanzibar: Immigration Regulation and Restriction Decree, No. 8 of 1923, section 2 (/ 3). ) In Bermuda by the Immigration Act, No. 11 of 1920 (section 1), any passenger who appears to the immigration officer to be suffering from any loathsome or contagious disease may not be accorded the exemptions granted to certain passengers under the Act (cf. Chapter I I , § 1). In Jamaica and Northern and Southern Rhodesia special provisions are made for persons suffering from tuberculosis. I n Jamaica their immigration is specifically prohibited, but they may be given permission to enter if they can satisfy the Governor that they are visiting the Island for the purpose of being treated for the disease, and have the means of maintaining themselves while in the Island. (Jamaica : Immigration Restriction Law, No. 36 of 1919, section 4 (a).) I n Northern and Southern Rhodesia a person suffering from tuberculosis may be given a permit to enter the territory. (Northern Rhodesia : Immigrants Regulation Proclamation, No. 15 of 1915, section 2 (8). Southern Rhodesia: Immigrants Regulation Proclamation, No. 17 of 1914, section 2 (8).) I n the Leeward Islands an alien may be refused permission to land in the Colony if he is the subject of a certificate delivered by the Medical Officer of Health that for medical, reasons he should not be permitted to land. (Aliens Admission Regulation Act, No. 13 of 1922, section 4 (4).) The entry of immigrants may be prohibited if, through their physical or mental state, they are likely to become a public charge; thus, in the Bahamas and Barbados, any person, other than a resident, who is unable by reason of physical or mental infirmity to maintain himself and is likely to become chargeable to the Colony, is prohibited from landing unless some person resident in the Colony undertakes to pay any charges incurred by the Government on behalf of such person within a specified time (three years in the Bahama Islands, and five years in Barbados). (Bahamas : Immigrant Paupers (Prevention) Act, 1908, section 4. Barbados : Immigration of Paupers (Prevention) Act, No. 29 of 1909, section 2 (1), 2 (4). I n Barbados, by the Lepers Act, 1904 (sections 14, 15), no leper who is not a native of the Island or lawfully domiciled there is permitted to land, but the Governor may make an exception in favour of a leper if two householders enter into a bond of £200 that the person shall not wander about begging or become chargeable to time public funds of the Colony. In North Borneo, by the Decrepit and Destitute Aliens Ordinance, No. 1 PHYSICAL CONDITION 101 of 1915, it is provided that permission shall not be granted to any "decrepit alien" to land, and a "decrepit alien" is defined as any person, not being a native-born inhabitant of the State or child of a native-born inhabitant, who by reason of mental affliction or physical loss is permanently incapacitated from earning his own livelihood, and is without visible means of decently maintaining himself and his dependants. I n the Federated Malay States, the boarding officer may prevent the landing of any person, not born in the Federated Malay States, who is found to be diseased, maimed, blind, idiot, lunatic or decrepit, not having means of subsistence and who may be hindered by his diseased, blind or disabled state from earning a livelihood. (Passengers Restriction Ordinance, No. 6 of 1922, section 8 (la).) In Jamaica, the immigration is prohibited of any person who is suffering, from any disease, or mental or physical defect not otherwise specified, which from its nature in the opinion of the health officer renders him unable or unfit to earn a living by work, or liable to be a charge on the funds provided for the relief of the poor. (Immigration Restriction Law, No. 36 of 1919, section 4 (e), 4 (f).) GREECE.—Admission is refused to persons suffering from mental affections or contagious diseases, but exceptions are made in favour of persons having Greek relations who come for the purpose of obtaining medical treatment. (Act No. 3275 dated 24 January 1925 and Ordinance of 23 June 1927, section 4 (1).) HONDURAS.—In accordance with section 4 of the Immigration Act of 8 February 1906, admission to the country is refused to immigrants not enjoying good health. The Aliens Act of 4 February 1926 (sections 43-46) declares t h a t the Government has power to refuse admission to any alien for reasons of social hygiene. HUNGARY.—An alien cannot obtain a residence permit if he or a member of his family is suffering from a serious contagious disease. A medical certificate is required before the permit can be issued. (Ordinance relating to conditions of residence for aliens,, dated 25 April 1925, and Decree No. 45741/1, dated 5 June 1925.) ICELAND.—Aliens suffering from a disease declared by the medical authorities to be contagious are refused admission to the country. (Act of 12 May 1920.) IRISH F R E E STATE.—According to the Aliens Order, 1925, section 1 (2), leave shall not be given to an alien to land in the Irish Free State who is a lunatic, idiot or mentally deficient or who is the subject of a certificate given to the immigration officer by a medical inspector that for medical reasons it is undesirable that the alien should be permitted to land. JAPAN.—According to Ordinance No. 1 of 24 January 1918, persons suffering from an acute contagious disease or from any other affection dangerous to the public health, as also feeble-minded persons and lunatics, may be refused admission (section 1).' Formosa.—Section 10 of Ordinance No. 68 of 24 September 1904, as amended by Ordinance No. 25 of 1915 and No. 198 of 1920 relating to Chinese workers, forbids transport agents to issue a transport certificate to persons who are infirm as a result of disease or from any other cause. MEXICO.—In accordance with section 2 of the Migration Act of 12 March 1926 the following classes of persons are refused admission : persons incapable of work, suffering from rachitis or those who are disabled (one-armed, 102 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT lame, hunchbacked, paralytic, blind, or crippled in any other way). Nevertheless such persons may be admitted with the consent of the Federal Government if it is shown that th.ey will not become a public charge. The Sanitary Code, promulgated on 27 May 1926, prohibits admission to the territory to aliens coming under the following categories : (a) Persons suffering from bubonic plague, cholera, yellow fever, any from of meningitis, typhoid fever, exanthematous typhus, erysipelas, measles, scarlatina, smallpox, diphtheria, infantile poliomyelitis or paralysis, acute adult spinal paralysis, acute or subacute polioencephalitis or any other acute disease regarded. as transmissible ; (b) Persons suffering from tuberculosis, leprosy, beriberi, trachoma, scabies, chronic infantile encephalitis, fUariosis or any other chronic disease regarded, by the authorities as contagious; (c) Epileptics and lunatics ; (d) Persons addicted to chronic alcoholism or suffering from toxicomania. Later regulations may determine cases in which exceptions may be made in favour of individuals coming under (b) and (c), or of minor children of parents, or the wife of an alien already residing in Mexico who may be sent for by such residents. Suspected cases are kept under observation upon arrival. All immigrants have to undergo vaccination against smallpox unless they present a certificate showing that they have been so vaccinated less t h a n five years previously ; this certificate must be issued by a qualified doctor and must bear the visa of a Mexican consul (sections 72 and 77). NETHERLANDS : Dutch Indies.—Royal Order No. 32 of 15 October 1915 lays down in section 1 that, unless the Governor-General decides otherwise, a residence permit shall not be issued to persons suffering from mental affections (insanity or idiocy), those suffering from a contagious disease, nor to those who, on account of their physical condition, might become a public charge. These provisions do not apply to persons possessing a card of admission. NEWFOUNDLAND.—An alien is prohibited- from landing if he is a lunatic or an idiot or if, owing to any disease or infirmity, he appears likely t o become a charge upon the rate«, or otherwise a detriment to the public. (Consolidated Statutes of Newfoundland, 1916, Chapter 77 ("Of Aliens and Immigration"), section 1 (3b).) No sub-collector of customs, or other officer charged with the duty of carrying out the provisions of the law may allow a Chinese person to land who is : (a) an idiot or insane, or (b) suffering from any loathsome, infectious or contagious disease. (Consolidated Statutes of Newfoundland, 1916, Chapter 79 ("Of the Immigration of Chinese Persons"), section 5 (b), (d).) N E W ZEALAND.—No person who is an idiot or insane or is suffering from a loathsome or dangerous contagious disease is permitted to land. (Immigration Restriction Act, 1908, section 4 (b), (c).) PANAMA.—By the Immigration Act of 1914, admission is refused to lunatics, dangerous maniacs, idiots, persons suffering from tuberculosis, leprosy, epileptics and in general to any person suffering from a loathsome or contagious disease. In accordance with section 9 of the Decree of 1 March 1916, admission is also refused to aliens suffering from any physical defect which, in the opinion of the sanitary authorities in the port of arrival, might Tender PHYSICAL CONDITION 103 them incapable of earning their living, unless they can prove that they possess satisfactory means of support. Decree No. 45 of 19 August 1925 requires all immigrants making application for the passport visa in order to enter Panama to submit a medical certificate stating that they are not suffering from any contagious disease (section 7d). PARAGUAY.—Admission is refused to persons suffering from leprosy, trachoma or tuberculosis in any form; persons who are infirm and those suffering from any disease or organic defect rendering them incapable of earning their living; persons suffering from disablement of any kind, the blind, mutes, persons suffering from mental disease in whatever form, and those showing signs of confirmed alcoholism. Consuls are not allowed to visa the passports of such persons. (Act No. 691 of 31 October 1924, amending section 14 of the Immigration Act, 1903, and Decree dated 24 February 1925 for the enforcement of the preceding Act.) PERU.—Admission to Peruvian territory is refused by Act No. 4145 of 22 September 1920 to lunatics, idiots, persons suffering from incurable diseases or incapable of earning their living and persons suffering from any disease considered by the law to be dangerous to the public health. POLAND.—Permission to enter and reside in the country is not accorded to, or may be withdrawn at any time from, aliens considered undesirable from the point of view of public health. (Ordinance of 13 August 1926.) RUMANIA.—Immigration is not allowed in the case of persons suffering from a contagious disease. (Act of 11 April 1925, section 36.) SALVADOR.—The Decree of 23 September 1926 prohibits the admission of persons suffering from hydrophobia, leprosy, typhus, ankylostomiasis, syphilis, tuberculosis, trachoma OT mental diseases, and of disabled persons (sections 1 and 3). SIAM.—In accordance with section 5 (2), (3), of the Act of 11 July 2470 of the Buddhist Era (corresponding to 1927), admission to the country is refused to persons suffering from any of the diseases specified in the Regulation. These according to the Notification of 27 July 2470 (1927) are the following : leprosy, trachoma, tuberculosis, and venereal disease of any kind. Admission is also refused to persons whose physical or mental infirmities render them incapable of earning their living, unless they possess sufficient private means or some other person undertakes to support them ; and to persons who have not recently been vaccinated and refuse to undergo vaccination upon arrival in accordance with the Regulation of 21 July 2470 (1927). Persons belonging to any of these categories of inadmissible persons are either placed in hospital or rejected immediately as the medical inspectors see fit (section 6 of the Act). . S O U T H AFRICA.—The Immigrants Regulation Act of 1913 prohibits the entry into the country of any person who is afflicted with leprosy or with any infectious, contagious or loathsome or other disease as specified in the Regulations, and any person suffering from tuberculosis unless he is in possession of a permit to enter the Union (section IV (h)). Such person must be removed, if found within six months from the date of landing t o be suffering from tuberculosis (section X I X , as modified by the Act 37 of 1927). The Governor-General may declare any disease to be such that any person suffering from it becomes a prohibited immigrant (section 26 (f)). By Regulation 17 the following is the list of such diseases a t present in force : leprosy, trachoma, fa vus, framboesia or yaws, syphilis, scabies. 1Q4 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT Permits issued to persons afflicted with tuberculosis are issued only at the ports of Cape Town and Durban. Every such permit is issued subject to such special conditions as may be prescribed in each case (Regulation 18). Other persons excluded are idiots or epileptics, persons who are insane or mentally deficient, persons who are deaf and dumb, blind, or otherwise physically afflicted, unless security is given for their permanent support in the Union or for their removal therefrom whenever required by the Minister (section 4, (g)). TURKEY.—By section 2 of Act No. 885 dated 31 May 1926, admission is refused to persons suffering from syphilis in an infectious stage, lepers, and members of their family. U N I T E D STATES.—Under section 3 of the Immigration Act, 1917, the following are forbidden to land in the United States : Any person afflicted with tuberculosis in any form, or with a loathsome or dangerous contagious disease; idiots, imbeciles, feeble-minded persons, epileptics, insane persons; persons who have had one or more attacks of insanity a t any time previously; persons of constitutional psychopathic inferiority; persons with chronic alcoholism; persons who are certified by the examining surgeon as being mentally or physically defective, such physical defect being of a nature which may affect the ability of the person to earn a living. By section 7 of the Act of 1893 the President of the United States is empowered to suspend all immigration from countries where there is an epidemic of chotera or other contagious or infectious disease. Nevertheless, it is provided in section 18 of the Act of 1917 t h a t in cases where it would be inhumane to refuse permission to land for the purpose of receiving medical treatment to an alien suffering from tuberculosis or a loathsome or dangerous contagious disease, other than one of quarantinable nature, the Secretary of Labour shall permit such alien to land, in which case the alien shall be treated in the hospital under the supervision of the immigration officials. Moreover Regulation 16 of 1927 lays down t h a t where upon arrival the wife or minor child of an alien having his permanent legal residence in the United States or the alien wife of a naturalised citizen of the United States married to him abroad prior to his naturalisation, or the minor child of a naturalised citizen of the United States born abroad prior to his naturalisation, is suffering from a contagious disorder, but is otherwise admissible, such alien may upon proper application be permitted to land in order to undergo treatment in a hospital until definitely admitted, if it is ascertained t h a t the disorder is easily curable and that the person concerned can be landed without danger to the public health. URUGUAY.—Admission is refused to intending immigrants suffering from trachoma, leprosy or tuberculosis, those suffering from any kind of mental disease, or from a physical or organic defect rendering them incapable of earning their living. Blind persons are, however, admitted if persons possessing sufficient means undertake to provide for their maintenance in the country. • When any doubt arises as to the actual condition of an immigrant showing signs of disease, he is conditionally permitted to land and is received in a hospital until1 a definite diagnosis has been reached. (Decree of 18 February 1915.) VENEZUELA.—Admission to the territory is prohibited to persons suffering from leprosy, trachoma, mental disease, acute epilepsy, or any other affection which might constitute a danger to the public health. (Aliens Act of 23 July 1925, section 13.) PASSPORTS, VISAS, AND SPECIAL DOCUMENTS (j) 105 VARIOUS CONDITIONS Restrictive conditions which are of too exceptional a character to be classified under subject headings are given below. CANADA.—By the Immigration Act, 1910-1924, section 38, (b), the Governor-in-Council is empowered to prohibit by Proclamation or Order, whenever he deems it expedient, the landing in Canada of passengers brought to Canada by any transportation company which refuses or neglects to comply with the provisions of the Act. DENMARK..—According to the Act of 31 March 1926, no alien may enter Denmark after having resided there for three months out of a period of twelve months, and before six months have elapsed since he left the country, unless he has previously made application for an entry permit. Such permit will be issued by the Minister of Justice or by an official authorised by him for the purpose. Any alien contravening this provision renders himself liable to a fine and to be expelled (section 7). NEWFOUNDLAND.—The Governor-in-Council is empowered by Proclamation to prohibit the landing in the Colony of immigrants brought in by any transportation company which Tefuses or neglects to comply with the provisions of the Act. (Immigration Act of 1926, Ch. 29, section 12.) § 2.—Passports, Visas, and Special Documents Immigrants as a rule have to comply with the ordinary regulations, which at present in almost all countries require an alien passing the frontier to carry a passport. From this point of view the obligation may almost be regarded as universal, for the enquiry preparatory to the Passport Conference which met under the auspices of the League of Nations in May 1926 ascertained that at that time, out of 43 countries having replied to the relevant questionnaire, only three had completely suppressed the obligation to carry a passport when entering their territory (Cuba, Surinam, Uruguay) and one only (Venezuela) specially exempts immigrants from this formality. In addition, however, this requirement has, been suppressed by agreement between certain countries (Belgium and neighbouring States). The obligation to obtain a visa established almost everywhere since the war has undergone certain modifications. While it has only been suppressed in very rare instances (in the course of the enquiry above mentioned no country stated that it had been completely suppressed), many States have, by way of international reciprocal agreement, arranged to exempt the 106 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT nationals of the other States p a r t y to such agreement. I n some countries where t h e visa is suppressed for ordinary travellers, it is nevertheless demanded in the case' of those coming for the purpose of taking u p employment. Accordingly, the regulations concerning the papers of immigrants are in general stricter t h a n in t h e case of other travellers. The procedure for obtaining a visa is very varied. Sometimes the formality is quite simple and can be complied with through an intermediary or even by post. I n other cases t h e person concerned has to apply personally, and m u s t submit to the competent authorities documents or evidence proving his admissibility t o t h e country where he is going. Countries of transit often refuse t o accord a vissi unless t h e applicant has previously obtained t h e visa of t h e country of destination; the object of this precaution is t o avoid t h e possibility of an undesirable alien remaining in the country because he is unable to continue his journey. Moreover, a distinction must be drawn between the entry visa and t h a t required for residence. I n some countries no entry visa is called for if the alien is only t o make a short stay ; he must, however, subsequently obtain a visa if he remains beyond a certain period. The authorities entrusted with t h e d u t y of issuing t h e visa are as a rule the diplomatic and consular representatives of the country of destination, duly accredited in t h e applicant's country of origin or of residence, as the case may be. For the purpose of immigration t o certain countries, aliens who go t o seek employment are sometimes required t o have the special visa of some competent authority, e.g. t h e Minister of Labour or some special body entrusted with the supervision of immigrants. A transit visa for t h e purpose of crossing a country is not always obtained from the same authorities who have to issue the entry visa for t h e same country ; there are cases in which the formalities for obtaining a transit visa are much simpler, and such a visa can then be affixed b y the officials entrusted with supervision of t h e frontiers or of international trains. The validity of a visa also varies considerably from one country t o another and according to circumstances, as do also the fees payable in respect thereof. I n some countries t h e visa is m a d e out to expire on the same date as the passport; in others it is PASSPORTS, VISAS, AND SPECIAL DOCUMENTS 107 for a fixed period—three or six months, one year, and so on according t o the country granting it—irrespective of the validity of t h e passport; in others again the validity varies according t o t h e purpose for which t h e visa is required : e.g. there are transit visas which do not give the right t o break the journey in the transit country, transit visas permitting the journey to be interrupted for several days, visas for a single journey with residence for a longer or shorter period, or permanent visas for an indeterminate number of journeys during a given period. Often, moreover, one and the same country will employ different systems, according t o the country t o which arriving aliens belong. An excellent idea of the extreme complexity of the manner in which the issue of visas is dealt with can be obtained by examining the detailed reply of the Belgian Government t o the questionnaire issued by the Organisation for Communications and Transit in 1925. I n reply to question 4, concerning the validity of the visa, the Belgian Government gave a description of ten different systems applicable t o various nationalities; and within these systems, as many as fifteen different kinds of visa are found t o exist for aliens of certain nationalities (applicable to Germans). The fees payable in respect of a visa often vary according t o the period of validity or the number of times t h a t the holder may cross the frontier, i.e. once only, or twice (going and coming), or an unlimited number of times. Some variations of the system of visa and amount of fees in force are dependent upon conditions laid down in reciprocity agreements. I n certain cases the visa is issued free of charge, either t o nationals of particular countries or to certain categories of travellers. Mention may also be made of the fact t h a t certain States issue collective visas, either for a number of persons who have been collectively recruited for work and are travelling in a group for t h a t purpose, or to groups of excursionists or tourists, families, etc. Within the limits of the present study it would be impossible t o enter upon a complete examination of all the existing passport and visa systems, or to note in each particular case the obligation for the immigrant to hold the passport which all travellers must have; moreover, these systems and requirements are changed so frequently t h a t such an examination would not yield any results of practical value. Accordingly, consideration will be restricted to those provisions which specially concern 108 THE EIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT immigrants or, failing any more precise definition, persons who enter a country for the purpose of obtaining employment there. Some of these provisions relate to the manner of obtaining the passport or visa; others to special facilities accorded to immigrants or to alien travellers, or, on the other hand, special requirements applying to them. Others, again, concern the identity papers (known in some countries as documents of "legitimation" and other special documents which immigrants have sometimes to obtain, such as entry or landing permits, issued by services specially entrusted with the supervision of immigration. Special papers may in some countries be obtained by immigrants already settled there and who desire to absent themselves temporarily; these papers exempt them upon their return from the ordinary formalities for admission with which they would normally have to comply. Documents of this nature will be dealt with more specifically in the following section (exceptional measures); they are, however, referred to here as constituting identity papers which sometimes take the place of a passport. As already stated, documents of this nature are frequently issued to immigrants of a race or nationality the immigration of which has been prohibited or restricted after they had settled in a country, in order that such individuals previously admitted might be able to return to their country of residence notwithstanding the rules applied to their kinsmen or compatriots. Further information on this subject appears under § 1, (d). B R I T I S H M A N D A T E D T E R R I T O R I E S : Palestine.—The Regulation under the Immigration Ordinance, No. 32 of 1925, amended by Order of 27 August 1925, provides that no immigrant shall enter Palestine unless he is in possession of a.valid passport or some other document establishing his nationality and identity to the satisfaction of the High Commissioner, visaed for Palestine by a British consul or passport control officer, and is in possession also of an immigration certificate granted by the Chief Immigration Officer, or is permitted to accompany the holder of such passport and immigration certificate t o whom he is related and upon whom he is dependent (section 4 (1)). In special cases the High Commissioner may grant permission to enter Palestiue to any person who, either by reason of the fact t h a t he is not recognised as a subject or citizen of any country or otherwise is bona fide unable to obtain such a passport or document, but is otherwise a suitable person for admission into Palestine (section 5 (1)). The immigration certificale is oidy granted to persons who fulfil all the conditions prescribed by the Ordinance and the Regulations (cf. Chapter I I I , 1 (f)). Applications must be sent in the form laid down to the Chief Immigration Officer, either direct or through a British consul or passport control officer. Applicants who are persons of independent means send in their own application (Regulation 5 (1)); in the case of orphans, persons of religious occupation, students and relatives application must be made by PASSPORTS, VISAS, AND SPECIAL DOCUMENTS 109 the person, whether residing in Palestine or not, or the association or institution in Palestine which assumes responsibility for their maintenance (Regulation No. 6, amended by Order of 29 November 1927); in the case of persons who go to Palestine for purposes of employment, either the applicant himself or the employer can apply (Regulation No, 7); in the case of collective recruiting (cf. also Chapters I I I , 1 (a) and VI, 2), the recruiter makes the application (Regulation 7). An alien, even if he has received a visa for Palestine and fulfils all the requirements of the Immigration Ordinance, has no absolute right to enter Palestine without the permission of the Chief Immigration Officer or an immigration officer a t the place of entry into Palestine (Regulation 1 made under the Immigration Ordinance, 1925). Persons habitually resident in Transjordan may, unless the High Commissioner shall otherwise direct, enter Palestine direct from Transjordan, although they are not in possession of a passport or other similar document. I t is provided by the Immigration Ordinance of 1925 that every permanent resident, not toeing a Palestinian citizen, who leaves Palestine for any purpose and intends to return, shall obtain before departure the permission in writing of the Palestine Government to return to Palestine, and the permission may be granted or withheld at the absolute discretion of the High Commissioner. If such a person leaves Palestine without obtaining a permit of re-entry, and desires to return, he must (apply ùi writing to the Chief Immigration Officer for permission to return. Permanent residents, other than Palestinian citizens who are in possesion of a permission to return, may enter Palestine without obtaining a visa (section 3). Tanganyika.—A non-native 1 person entering the Territory without a passport is deemed to be a prohibited immigrant unless and until he establishes his identity or nationality to the satisfaction of the immigration officer. (Immigration Ordinance, No. 16 of 1924, section 6.) F R E N C H M A N D A T E D TERRITORIES : Togoland and C a m e roons.—According to the Decree of 30 October 1926, persons of French or alien nationality, other than natives, in order to be allowed to enter the Togoland or Cameroon Territory, must be in possession of a passport which at the time of landing must receive the visa of the Commissioner of the Republic. An Order issued by the Commissioner of the Republic on 31 January 1927, fixing in detail the manner in which the Decree cited above is to be applied in Togoland, lays down that the said passport must have been made out less than a year previously. NEW ZEALAND MANDATED TERRITORY : Western Samoa.— By the Samoa Immigration Consolidation Order, 1924 (section 2), Part I of the Immigration Restriction Act, 1920, of New Zealand is declared to apply to Western Samoa as if t h a t Territory were part of New Zealand (cf. New Zealand, below). ALBANIA.—A visaed passport is compulsory. As the admission of alien workers is, as a general rule, prohibited, manufacturers, merchants and technical experts permitted to enter the country in exceptional circumstances must, in order to obtain the visa, indicate the name and business style of the manufacturer, merchant or handicraftsman with whom they have business, and must declare that their visit to the country is undertaken for business purposes. They must also offer documentary evidence in support of their statements. The name and address of the firm mentioned, with an indication of the documents furnished in support of the statements made, must be noted in full on the passport of the person concerned by the Albanian consul who issues the visa. (Decree of 20 March 1925.) •A native is defined as any member of an Afrieanraee, and includes» Swahili and aSomali. 110 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT A R G E N T I N A . — In order to enter the Argentine Republic immigrants over fifteen years of age must hold : (a) a passport issued in their country of origin, visaed by the Argentine consul; (b) a certified extract from the criminal record, also duly visaed (it being provided that aliens having resided for more than five years in a country other than that in which they were born may produce a passport issued by the authorities of their country of residence and a certified extract from the criminal record of that country) ; (c) an individual card made out by the consul bearing the names and surname of the holder, those of his father, mother, wife (or husband) and children,and the following information in respect of the immigrant : trade or profession, civil condition, last place of residence, educational attainments, the name of the ship by which he is to travel, date of embarkation, port of destination, place of final destination, names and addresses of two persons in Argentina to whom he is known, the object of his journey, a list of the documents submitted, a statement as to his religion and his personal description, together with his finger-prints. This card is visaed by the consul free of charge) if the alien lacks some of the documents asked tor, these may be replaced by a landing permit issued by the General Immigration Office or a permit issued by Argentine consular officials specially authorised to do so. Consular officials not so authorised may act as intermediaries for the purpose of obtaining such permit from the General Immigration Office. Persons over sixty years of age, women travelling without their husbands and accompanied by children under fifteen years of age, as well as children under fifteen years of age travelling alone, must in every case be in possession of a landing permit issued by the General Immigration Office. A child under fifteen years of age travelling with his parents must be in possession of a birth certificate bearing such child's photograph and the consul's signature. (Instructions of 1926.) AUSTRALIA.—The Immigration Act, 1901-1925, provides that any person over sixteen years of age who fails to prove that he is the holder of a passport issued by the Government of the United Kingdom or any Government recognised by that Government, which consists of a personal description sufficient to identify him and to which is attached a photograph, which is still in force and, in the case of a non-British passport, which is duly visaed by a British consular or passport officer, is prohibited from landing (section 3). The Minister may give notice in the Gazette that an arrangement has been made with the Government of any country under which persons who are British subjects or subjects or citizens of that country are not, when proceeding from that country to the Commonwealth, or from the Commonwealth to that country, required to be in possession of passports, and such persons shall not be subject to the prohibition contained in the above paragraph (section 4). BOLIVIA.—Aliens going to Bolivia must hold a passport duly legalised by the Bolivian consul in their country of origin and visaed by the Bolivian consul at the port of embarkation or at the port of entry nearest to the Bolivian frontier. Failing this, they will be refused admission. The passport must bear the holder's fingerprints as well as all the usual information concerning his identity, occupation, and so on. Immigrants must also submit : (a) a certificate to the effect that they have been vaccinated against smallpox and an attestation that they are in good health, made out by the Bolivan consul in accordance with a certificate signed by a doctor in the immigrant's last country of residence; (b) an extract from the criminal record, made out by the authorities of the commune or district of origin; (e) a certificate from the same authorities to the effect that the person concerned follows an honourable occupation. Minors travelling with their father are not required to possess these PASSPORTS, VISAS, AND SPECIAL DOCUMENTS 111 documents, with the exception of the certificate of good health. All t h e documents mentioned are, however, required in the case of minors travelling unaccompanied. Consular agents are responsible for seeing that these obligations are complied with. (Decrees of 26 March 1920 and 27 October 1921, and the Act of 12 January 1924.) BRAZIL.—According t o Decree No. 16761 of 31 December 1924 and Circular No. C.E. 124/1 of 16 January 1926, the only immigrants (second-class and third-class passengers) allowed to enter Brazilian territory are those who submit t o the competent authority, either a t the frontier or at t h e port where they land, documents duly authenticated and visaed by a Brazilian consul proving that they are of good conduct, together with an identity card bearing their photograph and finger-prints, with information relating to distinctive signs of the age, nationality, civil condition and occupation of the holder, etc. Aliens residing in Brazil who have been absent for a period of not more than six months are exempted from the necessity of producing these documents. CANADA.—Immigrants of British nationality landing in Canada directly or indirectly from Great Britain or Ireland, Newfoundland, New Zealand, Australia, the Union of South Africa, or the United States do not require a passport. United States citizens and farmers, farm labourers or female domestic servants landing in Canada from the United States are likewise exempted from the passport regulations. All other immigrants must be in possession of a valid passport issued in and by the Governments of the countries of which they are citizens or subjects. The passport of an alien immigrant sailing from the continent of Europe must carry the visa of a Canadian immigration officer, and the passports of all other alien immigrants must be visaed by a British diplomatic or consular officer. (Passport Ordinance; Order in Council dated 31 January, 1923 (P.C. 185).) No Chinese of the exempted classes (cf. Chapter I I I , § 1, (d)) will be permitted to enter Canada unless in possession of a valid passport issued by the Government of China and visaed by the Canadian Immigration Officer at the place where the passport was granted. (Chinese Immigration Act, 1923 section 5 (2).) Unaccompanied women must be furnished with a permit ot entry (cf. Chapter I I I , § 1, (h)). Unaccompanied women from the continent of Europe are required to be in possession of a medical certificate when they apply for their visa \ CHILE.—By a Circular dated October 1923, Chilian consuls are instructed to obtain all information relating to persons applying for a visa as to their admissibility under the Immigration Act; this information is t o be made out in triplicate. Further, such persons must provide themselves with a n identity card bearing their finger-prints, a certificate of good conduct and regular life issued by the Mayor or Prefect of Police of their place of origin, a medical certificate to the effect that they are not suffering from a n y contagious, chronic or incurable disease, and, if the consul considers it necessary, an extract from the criminal record proving that they are not the object of legal proceedings and that they have not been convicted of any crime. Finally, immigrants desiring to travel to Chile with a third-class ticket must produce to the Chilian consular agents certificates establishing 1 CANADA : D E P A R T M E N T O P IMMIGRATION AND COLONISATION : Annual Report for the Fiscal Year ended 31 March 1925, p . 50. I m m i g r a n t s who a r e nationals of States classified b y Canada in t h e third category of European countries : " O t h e r c o u n t r i e s " (cf. § 1, (d), of t h e present chapter), m u s t also obtain a landing permit, application for which m u s t be m a d e direct t o t h e Canadian Government; after due examination of t h e application, a special departmental permit is issued. {The Oversea Settler, London, March 1928.) 112 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT their occupational skill, while aliens travelling to Chile in first-class or second-class accommodation are required to state the object of their journey. COLOMBIA.—The Act of 30 December 1922 lays down in section 10 that every immigrant must carry a passport bearing his name, age, occupation, nationality, place of residence during the last two years, and civil condition; it must also testify to his good conduct and his capability for work. A photograph of the immigrant must be affixed to this passport, with an explicit statement by the holder to the effect that he intends to submit to Colombian law and that he is acquainted with the Acts and Decrees by which immigration is regulated, as well as the provisions of Act No. 145 of 1888 relating to aliens and naturalisation. The passport must be visaed by a consular agent at the port of embarkation or at a neighbouring town. The immigrant must also submit to the Colombian consul, together with the passport for visa, a medical certificate and a certificate of good conduct emanating from a person or body corporate of good repute. In the case of immigrants complying with the conditions of admission the visas are issued free of charge. COSTA RICA.—All aliens desiring to spend more than fifteen days in Costa Rica are required to carry a passport made out by the competent authorities of their country of origin, and visaed by a diplomatic or consular representative of the said country duly accredited in the country from which they come ; it must also bear the visa of the Costa Rican consul duly accredited in the country where the pa.ssport was made out. However, if owing to special circumstances they have been unable to obtain this, they may nevertheless be admitted if a previous authorisation is obtained from the Police Secretariat of Costa Rica. (Decree relating to passports, dated 11 December 1924.) There are special provisions relating to the passports of Chinese nationals domiciled in Costa Rica and returning after a short absence. These have already been referred to in § 1, fd), of Chapter III. (Decree relating to passports, dated 11 December 1924.) CUBA.—According to the reply received to the preparatory enquiry circulated prior to the Passport Conference held in 1926, no passport—and accordingly no visa—is required in the case of immigrants entering Cuba. Certain categories of persons have, however, to produce particular documents. (Cf. above under § 1, (b), for information regarding admission of women and theatrical artistes, and under § 1, (d), for provisions relating to admission of Chinese workers domiciled in Cuba.) CZECHOSLOVAKIA.—In accordance with the Ordinances of 9 June 1921, 25 October 1923, and 11 February 1926, it is provided t h a t every alien holding a duly visaed passport may enter the territory of Czechoslovakia. The passport rnust mention whether or not the holder is authorised to accept employment. DENMARK.—By virtue of the Ordinance of 31 March 1926 and of the Circular of the same date relating to passports, together With the Ministerial Decree of 11 May 1926, all travellers entering the country must be provided with a passport bearing their photograph and all the usual indications concerning their identity, nationality, occupation, the object of their journey, etc., together with a translation if the passport is drawn u p in a language other than Norwegian, Swedish, English, French or German. If the holder is authorised to accept employment in Denmark the passport visa must indicate the fact and the district for which the authorisation is valid. FRANCE.—In accordance with the provision contained in section 5 of the Decree of 30 November 1926, workers applying at one of the depots PASSPORTS, VISAS, AND SPECIAL DOCUMENTS 113 or frontier inspection stations (cf. Chapter IV, § 1), and being in possession of a contract of employment recognised as valid in accordance with the conditions laid down by the Instructions of the Ministers of Labour and of Agriculture, are not required to present a passport; they receive a safeconduct from the special commissioner of the frontier station, and this document is sufficient to take them through to the locality where they are to work. I t is now compulsory for aliens going to work in France to present a contract of employment of the kind referred to, duly visaed (cf. § 1, (g), of the present chapter). Alien workers who have employment in Frence are allowed to absent themselves temporarily and to return to the country, merely carrying an identity card (cf. Chapter X I , § 5) and a document known as a " Certificate of Seasonal Leave " (Certificat de congé saisonnier) which in their case takes the place of any other papers (cf. § 3 below : "Exceptional Measures and Individual Exemptions"). Algeria.—In order to enter Algeria, an immigrant has to produce a consular visa and also a contract of employment duly visaed by the competent Municipal Employment Exchange. Morocco.—As from 1 J u n e 1926 the passport system for admission to the French Zone of Morocco has been the same as for France. A visa is only needed for those aliens who require to have one in order to enter France. However, a special visa for Morocco (issued after consultation with the French Resident-General a t Rabat) is required for certain categories of persons : nationals of ex-enemy countries (Austria, Bulgaria, Germany, Hungary, Turkey), nationals of the Union of Socialist Soviet Republics, nationals of countries which have arisen from the dismemberment of the old Russian Empire (Estonia, Finland, Latvia, Lithuania, Poland), nationals of Mohammedan countries (Afghanistan, Egypt, Mesopotamia, Palestine, Persia, Syria, Tripolitania, Turkey). (According to information contained in a note communicated by the General Office for Morocco in Paris, December 1926.) Colonies.—Any alien desiring to land in West Africa must hold : (a) a passport in proper form, when this is called for in accordance with international conventions, or an official document giving information concerning his identity; (b) an extract from the criminal record made out not more than three months previously, or some other similar document in lieu; (c) a recent medical certificate. (Decree of 24 January 1925, section 1.) FINLAND.—Aliens desiring to enter Finland in order to take up employment there must procure an employment permit before obtaining the visa of a Finnish consul (cf. also § 1, (g), of the present chapter); a note of this is made on the passport. (Ordinance of 23 November 1926, section 21.) GERMANY.—In order to cross the frontier, alien workers (for a definition of this term, cf. Chapter I I , § 1) must be in possession—according to paragraph 3 of the Ordinance of 2 January 1923, renewed by the Ordinance of 20 September 1927 which only introduces a few administrative changes—of a safe-conduct (Reiseausweis) issued by one of the frontier agencies of the German Central Office for Workers (Deutsche Arbeiterzentrale) or a duly visaed passport. Agricultural workers recruited by the above-mentioned Office, which has a monopoly of recruiting (cf. Chapter VI, § 2), are provided with a safe-conduct of this kind. This safe-conduct indicates the place of work to which the alien is going. The visa upon a passport is invariably issued fbr a definite engagement since, according to the Passports Order issued by the Federal Minister of the Interior on 4 June 1924, it can only be issued with the permission of the police authorities of the place of destination and with the consent of the local employment exchange. 8 114» THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT These documents are only valid for the first employment and for the period of one month. During this period the worker must, in some States, obtain a legitimation card made out by the Central Office for Workers (cf. Chapter X I , § 5 : "Registration of Immigrants"). GREAT BRITAIN.— For information relating to immigrants in transit, cf. Volume I, Chapter X I I I . Colonies.—Persons arriving in British colonies are usually required to be in possession of a passport or other identity papers, and also the visa of a diplomatic or consular representative of Great Britain when the holder of the passport comes from a country not forming part of the British Empire. Within the Empire itself an administrative visa is sometimes required. I n some colonies native woxkers coming from countries which supply labour are exempted from the obligation to show a passport : in North Borneo natives of British India, the Dutch Indies and Brunei, as also Chinese (Notification No. 160 of 1921); in Grenada, St. Lucia, and Si. Vincent native workers from the British West Indies (Passport Ordinances : Grenada : No. 9 of 1923; St. Vincent : No,. 9 of 1923; St. Lucia : No. 10 of 1923). I n Hong Kong Chinese are exempted from the operation of passport regulations issued in application of Ordinance No. 35 of 1923. Sometimes the local authorities are empowered to exempt individuals or categories of individuals from provisions relating to passports (Trinidad and Tob ago : Passport Ordinane«, No. 35 of 1923; Grenada, St. Lucia and St. Vincent : Ordinances cited above ; Solomon Islands : Aliens Immigration Restriction Regulation, 1924). In certain colonies a special entry permit has to be obtained from the local authorities, e.g. in the Somaliland Protectorate (Immigration Restriction Ordinance, No. 4 of 1924, section 6 (i)). GUATEMALA.—For the purpose of admission to the territory, passports must be visaed. Persons having'evaded this obligation have to pay double the fee upon arrival in Guatemala. Certain classes of persons, however, are exempted. These classes are, in addition t o persons holding official positions, persons employed by foreign benevolent associations established in Guatemala, and immigrants to Guatemala who are in possession of a colonisation contract entered into with the Government. Before affixing the visa to an immigrant's passport, a consul has to demand proofs of the identity, moral conduct, and good behaviour of the person concerned; a Declaration of Identity form is then prepared in triplicate, containing information as to the immigrant's name and surname, place of birth, nationality, occupation, civil condition, name of wife or husband and those of children, last place of residence, legitimate occupations which the immigrant has followed during recent years, whether or not he is able to read and write, the name of the ship by which he is to travel, the date of departure, port of destination, the name of the place where he intends to settle and reside, the object of his journey, a note of the documents or declarations submitted by the party concerned as proof of his honesty and identity, his photograph, print of the right thumb, and signature. One copy of this form is attached to the passport, one remains on the file a t the consulate, and the third is forwarded as rapidly as possible to the Ministry of Foreign Affairs in Guatemala to be handed over to the General Directorate of Police in order to ascertain whether the immigrant is or is not admissible. (Decree No. 875 of 15 September 1924, sections 12, 24, 25, 26 and 38.) HUNGARY.—The passport, visaed by the Hungarian consular authorities, must mention ¡whether or no the holder is authorised to take up employment (Ordinance 200000 of 1925). Cf. also Chapter XIII of Volume I for information concerning groups of immigrants travelling together, in transit. PASSPORTS, VISAS, AND SPECIAL DOCUMENTS 115 ITALY.—When the passport visa is required, the fee payable differs according as the person concerned is in easy circumstances (10 gold lire) or is needy (2 gold lire). (Reply to the preparatory enquiry made prior to the Passport Conference of 1926.) J A P A N . — I n addition to a passport, with or without a visa according to the provisions of international agreements concluded on the matter, aliens arriving in Japan must upon the request of the police authorities make a written and truthful declaration in reply to questions relating to the conditions of their admission or any other question which may be put to them. (Ordinance No. 1 of 24 January 1918, section 13.) LATVIA.—Latvian diplomatic and consular agents are entirely free to 'grant or refuse an entry visa to the nationals of foreign countries, as they see fit. However, when the persons concerned are either without nationality or are immigrants, the visas may only be given with the express authority of the Ministry of Foreign Affairs in each individual case. Persons without nationality must deposit security which is returned to them when they leave the country. (Reply to the preparatory enquiry circulated prior to the Passport Conference, 1926.) Cf. also Volume I, Chapter X I I I , for information concerning transmigrants. According to section I of the Act of 7 March 1927, in addition to the classes of persons frequently exempted from payment of the fee for passport (admission and transit) visas—e.g. official representatives, persons at the head of missions, and those invited by the Government, groups of tourists, etc.—certain categories of workers are also exemptedfrom such payment : persons visiting Latvia for the purpose of study, professors of State establishments, local administrative officials and members of vocational or professional associations, journalists, and needy persons. LUXEMBURG.—For the regulations relating to transmigrants' passports, cf. Chapter X I I I of Volume I. MEXICO.—Any alien entering the country and regarded as an immigrant in accordance with the terms of the Immigration Act is required to provide himself with an individual identity card (tarjeta individual de identificación). Mexican consuls and diplomatic representatives issue such cards upon the written request of the person concerned, who must produce documentary evidence of his nationality, civil condition, and morality, and must show his contract of employment in order to prove that he is legally eligible to immigrate into Mexico. This individual identity card confers the right to admission only if all other provisions of the Act have been complied with. (Act of 12 March 1926, section 15.) When an immigrant is exempted from payment of the entry fee, this exemption and the reason therefor must be mentioned on the individual identity card. (Regulation of 28 February 1927.) Cf. also § 1. (b) and (d),of the present chapter for information concerning the documents to be submitted in order to obtain the identity card, and § 1, (f), (g), (h), and (i), for those required in order to be allowed to enter Mexico. NETHERLANDS : Dutch Indies.—Any European alien or any individual of oriental origin travelling to the Dutch Indies as a free immigrant must make written application in advance for a landing permit to an official of the Immigration Services, who will issue it upon payment of the usual fee (cf. Chapter VIII) if the alien concerned is eligible for admission. Aliens already in possession of an admission card do not require this permit. The wife and minor children of the applicant may be included upon the same permit. The captains of ships must inform their passengers that they will not be 116 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT allowed to go ashore without this permit; and if they fail to comply with this requirement a fine of 200 florins will be inflicted upon every individual having committed the offence. (Royal Order No. 32 of 15 October 1915, sections 1, 2b, 3 and 14.) Oriental native workers recruited abroad by the Government upon the basis of a contract do not requins individual permits to enter the country ; in their case it is sufficient to show the contract of employment under which they have been engaged. (Ordinance No. 694 of 1917.) NEWFOUNDLAND.—The Ordinance of 2 December 1926, promulgated in virtue of the Immigration Act of 1926 (section 11), lays down that persons arriving in Newfoundland must produce a passport duly visaed by a diplomatic or consular representative of Great Britain. British subjects travelling direct from the United Kingdom or some other part of the Empire, citizens of the United States who have come direct from the United States and all persons who have resided in America during the last two years are exempted from this requirement. NEW ZEALAND.—The Immigration Restriction Amendment Act, 1920, provides that any person other than a person of British parentage, an accredited Government official or an officer or seaman of a mercantile vessel or ship of war must have a permit to enter New Zealand, application for which should be made in advance from the country from which he comes. The applicant must state among other things his reasons for desiring to settle in New Zealand, the business or occupation he proposes to undertake, the number and ages of members of his family (if any) whom he proposes should accompany him, his birth and parentage (section 9). Any person who arrives in New Zealand without a permit but proves satisfactorily t h a t he desires to enter New Zealand as a visitor for a period not exceeding six months may be granted a temporary permit. Such permits may be extended at the discretion of the Minister (section 8). Every person resident in New Zealand desiring to leave New Zealand with the intention of returning thereto, and who is a person who would require a permit to enter New Zealand, must apply for a certificate of registration to a collector of customs. On the return of a person holding a certificate of registration as herein provided, the collector at the first port of arrival, if satisfied of the identity of the holder with the person named in the certificate, and that he has returned within four years, must permit such person to land. NORWAY.—The Act of 22 April 1927 lays down in section 3 that every alien coming to the country must, upon pain of rejection by decision of the Chief of Police, be in possession of a passport or other identity papers, or must hold a permit to work. PANAMA.—Act No. 55 of 30 March 1925 forbids Panama'consuls to visa the passport of an immigrant without an authorisation of the Minister of Foreign Affairs accorded in each individual case after due examination of the documents showing the immigrant's position (cf. Chapter III. § 1, (J)). A consul infringing this provision is himself liable to a fine of an amount equal to the cost of a third-class passage from Panama to the place from which the immigrant came (section 6). According to Decree No. 45 of 19 August 1925, immigrants must present this authorisation to the consul, together with the following documents : a certificate of good conduct, an authentic copy of their birth certificate, an authentic copy of their marriage certificate (if any), and a medical certificate. These are forwarded to the Minister for Foreign Affairs, who returns them to the immigrant upon his arrival. Under § 1, (d), of the present chapter will be found a note of the special PASSPORTS, VISAS, AND SPECIAL DOCUMENTS 117 papers to be submitted by Chinese; and Chapter XIII of Volume I gives the provisions relating to migrants in transit. PARAGUAY.—According to Decree No. 20173 of 24 February 1925, an immigrant is required to submit the following documents : a personal identity card with photograph visaed by a Paraguayan consul in the immigrant's country of residence or country of origin; an occupational certificate (cf. above, under § 1, (g)) ; a certificate from the judicial or police authorities (cf. above, under § 1, (b)). These certificates must be authenticated by the Paraguayan consul, for which service no charge is made. Moreover, the visa cannot be affixed to the documents submitted until the immigrant has proved by reliable written references that he is free from the defects or infirmities constituting sufficient cause for rejection. Persons desiring to benefit by the exemptions allowed under the Immigration Acts (aged persons over 60, or unaccompanied women over 40 needing the support of a member of their family) are required to present a special permit issued by the Paraguayan Directorate of Land and Colonies, or a consulate or legation in the country of origin of the person concerned. Papers made out by the authorities of a country other than the applicant's country of origin must be accompanied by a police certificate attesting that the person concerned has resided in that country from such a date to such a date. Paraguayan consuls are forbidden, upon pain of various penalties, to visa the documents of persons belonging to any category of individuals regarded as undesirable, or to use their influence with any transport company with a view to persuading such company to undertake to transport such persons (sections 1 to 4). POLAND.—In accordance with the Aliens Ordinance of 13 August 1926, nationals of foreign countries are not allowed to enter Poland in order to settle there, or even in order to make a temporary stay or to cross the country in transit, without special authority taking the form of a permit. Authority to make a short stay may be issued by consular officials (section 3). Authority to settle in the country can be obtained from subordinate officials ; the request can be transmitted through a Polish consulate (section 6). RUMANIA.—Immigrants are required to possess the following documents : (a) a passport visaed by the Rumanian consular agent of the district in which the immigrant's domicile is situated; this passport must be stamped with the indication : "with card" ; (b) a card (in duplicate) bearing indications of the names and surname of the immigrant, his nationality, sex, age, civil condition, occupation, the country from which he comes, and the place where he intends to settle; one copy of this card is retained by the Controller upon the immigrant's arrival at the frontier and the other is handed to the immigrant and is kept by him until he leaves the territory; (c) an immigration permit issued by the Ministry of Labour for a limited period, corresponding with the period of validity of the visa. (Act of 11 April 1925, section 37; Regulation dated 22 J u n e 1925, section 39.) SALVADOR.—In accordance with the Decree of 23 September 1926, any person desiring to enter Salvador must submit to the frontier authorities documents testifying to his identity and good conduct. S O U T H AFRICA.—The Government of South Africa points out that the fact of having had a passport visaed does not give any guarantee that the person who has obtained it will be admitted. The passing of the examination which takes place a t the frontier of the Union and the condition of the immigrant in question are the factors upon which admission depends. (Reply to the enquiry of the Passports Committee, preliminary to the Conference held in May 1926.) 118 THE EIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT SWEDEN.—The Act of 2 August 1927 relating to the stay of aliens in the country lays down that, in addition to the obligation to comply with the general provisions relating to passports, an alien coming to Sweden for the purpose of taking up employment must prove by documentary evidence that he has obtained from the competent Swedish authorities the necessary permit for that purpose, or, alternatively, he must produce the visa of a Swedish consul authorising him to take up work (sections 1 and 2). Aliens are not admitted to the country unless they are in possession of legitimation documents OT the r visa above mentioned (cf. Chapter X , § 1). Immediately upon arrived, they must, upon pain of deportation (cf. Chapter X , § 2), attend before the police authorities in conformity with the provisions of the Act (section 21). SWITZERLAND.—A Federal Ordinance dated 29 November 1921 lays down that aliens entering Switzerland are required to produce a passport, or, in exceptional cases, an equivalent legitimation document bearing a photograph of the person concerned. Any such document must indicate the holder's nationality, and must testify that he is free at any time to return to his country of origin or to the country in which he last resided. An alien's legitimation document must bear the visa of the competent Swiss authority; this visa only entitles the holder to pass the frontier, the question of his stay in the country coming within the competence of the cantonal authorities. Swiss consulates and legations are required to communicate to the Central Police Office all applications to be allowed to cross the frontier, received from aliens desiring to enter Switzerland in order to settle or to follow a gainful occupation there. Such applications must be accompanied by a certificate of good conduct, as well as an extract from the criminal record issued by the applicant's country of origin. Applications received from aliens not in possession of valid legitimation documents, issued by their country of origin and recognised by Switzerland, must also be communicated to the Central Office. UNITED STATES.—According to Rule 3F of 1927 an immigration visa duly issued by an American consular official is required of both quota and non-quota immigrants save only those aliens—if otherwise admissible— who have previously been lawfully admitted to-the United States and are returning from a temporary visit to certain specified countries, or any foreign country if, in the latter case, they have obtained in advance a permit to re-enter the United States, and children who may have been born subsequent to the issuance of the immigration visa to the accompanying parent. Likewise, all aliens of the non-immigrant class must possess passports issued by the Government to which they owe allegiance as well as American consular visas unless they are citizens of neighbouring territories, stipulated in the law, the citizens of which may enter without a passport visa. Under the Immigration Act of 1924, when an immigrant applies for a visa he is required to state, in addition to his personal description, previous residence and civil status, facts as to his destination and purposes in the United States following admission (section 7). Upon application, a consular officer issues to an immigrant an immigration visa consisting of his application visaed by the officer and specifying the immigrant's nationality, quota status and the period for which the visa is valid. A fee of $9 1 is charged for each visa (section 2). No visa may be issued if it appears that the immigrant is for any reason likely to be excluded, under the immigration laws. If an immigrant has 1 Fee m a y be reduced to S2 for visitor.3 provided similar provisions are made b y t h e Governments of t h e countries from whic2i t h e aliens come in favour of American nationals desiring to visit such countries temporarily u n d e r similar conditions. EXCEPTIONAL MEASURES AND INDIVIDUAL EXEMPTIONS 1 1 9 obtained a visa and is later found to be inadmissible to the United States, the fact that he possesses a visa does not entitle him to enter (section 11). Every immigrant applying for a visa at a consulate to which are attached technical advisers is examined by these officials, who signify their approval of the issuance of the visa by attaching their initials. Visas of applicants of the non-immigrant class must bear the initials of the immigration inspector. When, however, an applicant is travelling first or second class, consuls may issue non-immigrant visas without reference to the technical advisers. (General Order No. 51 of 9 July 1925, and Supplement.) Permits to re-enter the United States after a temporary absence not exceeding one year m a y be granted to aliens who have already been legally admitted. Upon proof of good cause the permission may be extended for periods of not longer than six months each (section 10). Passports are not required of members of airship crews who intend to leave the United States shortly after arrival, if they are included in the crew lists visaed by consular officers. Alien passengers arriving in the United States on airships are required to submit the same documents as are exacted of aliens arriving by any other means. The Secretary of State must be informed in advance of the date and place of arrival of all airships coming to the United States. (Executive Order No. 4049, 14 J u l y 1924.) URUGUAY.—According to the Uruguayan Government's reply to the preparatory enquiry issued prior to the Passport Conference, 1926, immigrants have to present a passport duly visaed by a consular agent of Uruguay, or t o produce certificates (visaed free of charge by such consular agent), proving that they conform to the conditions laid down by the Immigration Act : i.e., a certificate of good conduct (cf. above § 1, (b)), and an occupational certificate (ef. under § 1, (g)). Immigrants previously admitted who desire to absent themselves for a certain period must make application in advance for a permit which will exempt them from the ordinary admission formalities upon their return. VENEZUELA.—The immigration and colonisation laws lay down that bona fide immigrants are not required to carry a passport. (Reply of the Venezuelan Government to the preparatory enquiry circulated prior to the Passport Conference, 1926.) § 3.—Exceptional M e a s u r e s and Individual Exemptions Immigration laws and regulations are not, however, enforced without any exception. On t h e one hand, they may be temporarily suspended; on t h e other, they are not invariably applied in identical fashion t o all persons arriving a t the frontier of t h e country where t h e y are in force. Temporary or individual exemptions may arise in two ways : either cases of suspension or exception t o t h e usual procedure are provided for in t h e laws themselves, or some authority is given discretionary power t o permit deviations of this nature, in t h e interests of t h e country. So far as temporary suspension 120 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT is concerned, apart from the circumstance t h a t countries in a state of siege or similarly placed frequently close their frontiers by Decree, the majority of immigration laws empower the executive or other specified authority t o suspend immigration, either partially or completely, as a provisional measure, if circumstances render this desirable. Outbreaks of epidemic disease are the most frequent cause giving rise to temporary closing of frontiers; b u t in cases where it is decided to suspend the immigration of alien workers, an economic crisis is sometimes the determining factor. Suspension of a contrary nature may also be provided for by immigration legislation, i.e. suspension of restrictions placed upon the right t o immigrate, if the country's present interests appear t o render such a measure desirable. As regards distinctions made in respect of individuals, these are much more complicated in operation. One general principle emerges first of all. The provisions relating to immigration only cover those individuals coming under the definition of an immigrant and do not apply to travellers in general—i.e. certain classes of persons, varying from one country to another, are excluded from the scope of their application. I n a general way, diplomatic and consular representatives of foreign countries, official chargés d'affaires, and persons going to a country l'or a short period either for business or pleasure, are exempted from the application of these provisions. Some of these exceptions are enumerated in the definition of an immigrant; they will be found in § 1 of Chapter I I . I n the legislation of certain countries, not only is the expression "immigrant" defined, b u t also various classes of persons are specified as being exempted from the application of immigration laws. I n cases where such exempted categories have not already been mentioned, they are indicated in the present section. Seamen are very generally treated as a separate class; they are considered in t h e following section. I t is frequently provided that, in certain specified cases, certain individuals may be admitted even though they do not conform t o one or other of the conditions for admission laid down by law. Provisions covering these cases have generally been mentioned when the rule to which they form exceptions was being dealt with in one of the subsections of § 1. More particularly mention EXCEPTIONAL MEASURES AND INDIVIDUAL EXEMPTIONS 121 has been made, under (b) of t h a t section, of exceptions relating to the exemption of persons condemned t o punishment for a political offence, if such persons seek asylum in the country concerned or have been deported from some other country after having lived in the territory in question (Colombia, Cuba, Ecuador, Great Britain, Guatemala, Mexico, Newfoundland, New Zealand, Norway, Panama, Peru, Poland, Serb-CroatSlovene Kingdom, Turkey, United States, and Venezuela); under (d), of exceptions to the rule concerning the exclusion of certain races (Australian Mandated Territory of Western Samoa, Australia, British Colonies, Canada, Colombia, Costa Rica, Cuba, French Colonies, Guatemala, Hungary, J a p a n , Newfoundland, New Zealand, Panama, South Africa, United States, Uruguay, Venezuela); under (e), of exceptions to the rules excluding illiterates (Australia and Papua, Belgian Congo, British Colony of Jamaica, Canada, Mexico, South Africa, United States); under (f), of exceptions t o rules excluding persons without resources (British Mandated Territory of Tanganyika, South African Mandated Territory of South-West Africa, Australia, South Africa, Newfoundland), exemptions from the obligation to possess a certain minimum capital or t o deposit security (Belgian Congo, Costa Rica, Guatemala, Newfoundland, Panama, Paraguay, Portuguese Colonies, Salvador), exceptions t o t h e prohibition of admission of persons whose fare has been paid by a third party (Cuba), or exemption from payment of the entry fee (Mexico); under (g), exceptions relating to restrictions upon the admission of alien workers (Albania, South Africa, Switzerland) or those relating to prohibition of the admission of workers recruited under contract (Cuba ,United States); under (h), the frequent exceptions in favour of aged persons (Argentina, Brazil, Cuba, French Colonies, Guatemala, Honduras, Mexico, Paraguay, Uruguay, Venezuela), women travelling alone (Argentina, Brazil, Cuba, Paraguay), and children (Brazil, Mexico, Portuguese Colonies, Venezuela); under (i), exceptions to restrictive provisions relating to sick and infirm persons (British Mandated Territory of Tanganyika, South African Mandated Territory of South-West Africa, Bolivia, Brazil, British Colonies, Canada, Colombia, Costa Rica, Dutch Colonies, Mexico, Panama, South Africa, United States, Uruguay). Apart from these exceptions provided for b y the laws themselves 122 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT and which will not be dealt with further, individual permits are often granted in a humanitarian spirit in order t o facilitate the reunion of families. Special permits of this nature are then subject t o t h e presentation of a request or "affidavit" b y members of the family having already immigrated to t h e country. The admission of workers belonging to excluded categories is also sometimes permitted upon the request of an employer; the authorisation in such case takes the form of an entry permit issued b y the competent authority. Another fairly widespread form of exemption is t h a t applying to individuals returning t o a country after a previous stay in it. I t sometimes happens t h a t the definition of the "immigrant" indicates t h a t the only persons considered as such are those arriving in the country for the first time; cases of this sort are dealt with in Chapter I I . B u t it also happens t h a t an exception of this kind may be arrived a t b y some other legal procedure; and these cases are dealt with here, except where t h e authorisation takes t h e form of a certificate, and, in consequence, has already been mentioned in the preceding section, dealing with the documents which immigrants are required to possess. Among others, mention may be made, in regard t o those concerning immigration for t h e purpose of employment, of the custom which has arisen in this respect for employers t o grant their alien workers temporary leave of absence. An analysis appears later on of t h e legal provisions establishing exceptions of various kinds, and of the provisions investing certain authorities with t h e following powers : t o g r a n t exceptional permission to immigrate in suitable cases ; to-" decide in doubtful cases according t o circumstances whether persons shall b e admitted or not; to order the exclusion of individuals whose presence might in their opinion be inopportune or dangerous, although such persons would in accordance with the general rules be entitled t o enter; t o impose special conditions in regard t o t h e stay of such persons on the national territory. The concession of such powers t o administrative authorities is frequently met with in the various parts of the British Commonwealth. I t should further be noted t h a t i n , countries where several immigration systems exist (e.g. one system for Europeans, another for members of coloured races, and so on) certain authorities are sometimes empowered t o amend the application of EXCEPTIONAL MEASURES AND INDIVIDUAL EXEMPTIONS 123 these systems according to circumstances and to determine, upon the arrival of a convoy of immigrants, the system under which they shall come. BRITISH MANDATED TERRITORIES : Palesane.—The Immigration Ordinance No. 32 of 1925, as amended by the Order of 27 August 1925, stipulates that an immigration officer may, in accordance with general or special directions of the High Commissioner or the Chief Immigration Officer, attach such conditions as he thinks fit to the grant of permission to a foreigner to land in Palestine, and the High Commissioner or the Chief Immigration Officer may at any time add conditions to permission already granted (section 5 (2)). Permission to enter Palestine may be refused to any person who does not fulfil any Regulations made under the Ordinance section 5 (1, j)). The Ordinance does not apply to the following classes of persons : (a) persons in the service of the Government of Palestine ; (b) officers and members of the crews of His Britannic Majesty's ships, or the ships of a friendly power; (c) any member of His Britannic Majesty's military, air, diplomatic or consular services ; (d) any duly accredited consul de carrière ; (e) any person or class of persons whom the High Commissioner by an Order may exempt, either unconditionally or subject to such conditions as he may impose (section 4 (1)). Tanganyika.—By the Immigration Ordinance, No. 16 of 1924, the immigration is prohibited of any person whose entry into the Territory is prohibited under any ordinance or law for the time being in force, and of the children and dependants of a prohibited immigrant (section 5 (i)). A prohibited immigrant may be granted a licence to enter and remain in the Territory (section 8). A licence may also be given when an immigration officer postpones deciding whether a person is a prohibited immigrant, or when an immigrant is required to give a security (section 17). An immigrant to whom a licence to remain in the Territory is given may be required to give security either by deposit or bond (section 22). AUSTRALIA.—By the Immigration Act, 1901-1925, it is provided t h a t any person possessed of a certificate of exemption as prescribed in force for the time being is not considered as a prohibited immigrant (section 3 (h)). A certificate of exemption is valid for a specified time only, and may at any time be cancelled by the Minister by writing under his hand. Upon the expiration or cancellation of any such certificate the person named therein is, if found within the Commonwealth, deemed to be a prohibited immigrant and m a y be deported (section 3J, 4). Any person who has resided in Australia for a period or periods in the aggregate of not less than five years, and who is about to depart from the Commonwealth, m a y apply t o a competent officer for a certificate exempting him, if he returns to the Commonwealth within the period limited in the certificate, from the dictation test. The officer may refuse to issue the certificate without assigning any reason therefor (section 4B). Papua.—By the Immigration Restriction Ordinance, No. 2 of 1908, certain categories of persons are exempted from the application of the regulations; in addition to the categories usually exempted (diplomatic officials, persons in charge of missions, etc.), exemption is extended to cover persons employed as teachers by any of the Christian missions, subjects of any country with which the Government has concluded a special agreement, and persons who possess a certificate of exemption in force for the time being and signed by the executive authority. AUSTRIA.—In the interests of State security and the public health, 124 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT the validity of a visa may be restricted to certain determined points or, on the contrary, persons may either be forbidden to cross the frontier at specified points or required to cross at such points to the exclusion of any others. The right to cross the frontier may also be suspended temporarily by decision of the Minister of the Interior. (Passports Ordinance, dated 15 December 1921.) BELGIUM.—For certain provisions relating to migrants in transit, cf. Volume I, Chapter XIII. Congo.—In accordance with section 7 of the Legislative Ordinance of 8 March 1922, the following persons are not to be regarded as undesirable immigrants : persons who are in the service of the Colonial Government ; persons holding a pass issued by the Minister for the Colonies ; duly accredited representatives of foreign States in the Colony together with their families, servants, and members of their suite ; natives of the Colony ; persons domiciled in the Colony, together with their wives and children under sixteen years of age; and, finally, persons ot European origin coming to the Colony as workers, handicraftsmen, or domestic servants, with an authorisation obtained in advance from the Vice-Governor-General of the province in which they desire to settle and reside. Their admission to the Colony may, however, be made subject to the production of a contract of employment, specifying that they are engaged in the service of an employer, not being a native, of honourable repute in the Colony; such contract must also provide for a sufficient wage, and the engagement must be for a period of not less than six months. BRAZIL.—The Instructions dated 30 J u n e 1925 relating to the Immigration Restriction Decree of 31 December 1924, reserve to the DirectorGeneral of the Land Settlement Office the right to suspend or to restrict embarkation to Brazil during a specified period to a limited number of immigrant travellers. Immigrant transport companies are in consequence required to obtain authority in advance before undertaking transport of any immigrant. CANADA.—In virtue of section 38 (c) of the Immigration Act, 1910-1924, the Governor-in-Council may, whenever he deems it necessary or expedient, prohibit the landing in Canada or the landing at any specified port or ports of entry in Canada, of immigrants belonging to any nationality or race or of immigrants of any specified class or occupation, by reason of any economic, industrial, or other condition temporarily existing in Canada or because such immigrants are deemed unsuitable having regard to the climatic, industrial, social, educational, labour, or other conditions or requirements of Canada, or because such immigrants are deemed undesirable owing to their peculiar customs, habits, modes of life, and methods of holding property or because of their probable inability to become readily assimilated or to assume the duties and responsibilities of Canadian citizenship within a reasonable time after their entry. This prohibition may be either for a stated period or permanent, or it may merely operate to limit the number of immigrants of the category in question. In virtue of the powers thus conferred upon the Governor, a number of Orders-in-Council have actually been promulgated. These have already been dealt with in the relevant sections. Section 9 of the Chinese Immigration Act, 1923, provides that the Minister may authorise the admission to Canada of any person of Chinese origin or descent without being subject to the provisions of the Act, and the admission shall be authorised for a specified period only, but may be extended or cancelled by the Minister in writing. CUBA.—The Decree of 10 February 1927 empowers the immigration authorities to permit the landing in Cuba in certain cases of transmigrants EXCEPTIONAL MEASURES AND INDIVIDUAL EXEMPTIONS 125 who have been refused admission "by a friendly country" after clandestine embarkation in Cuba, and whose expulsion was provided for by the Decree of 2 March 1925 (cf. Volume I, Chapter XIII). CZECHOSLOVAKIA.—In accordance with the Act of 15 February 1922, the Government is authorised, more especially for reasons concerned with welfare, safety, or hygiene, to issue appropriate instructions relating to the admission of alien immigrants to the Czechoslovak Republic, and to the crossing of the national territory by migrants in transit (section 46). ECUADOR.—In accordance with section 26 of the Act of 18 October 1921, the executive authority may regulate as it sees fit the admission of aliens and supervision of such as have infringed the laws of the country. FRANCE.—By a Circular dated 6 January 1922, alien workers having returned to their country of origin for a period not exceeding six weeks were authorised to re-enter France in order to continue their employment (provided that public safety or policy were not thereby endangered) upon the mere presentation of their identity card and an undertaking from their employer to continue to employ them upon their return from leave. This undertaking is required to be entered into by the employer before the workers concerned leave France, and must be visaed by the Mayor or by the Commissioner of Police. When the alien's return to his country of origin is due to the cessation of work owing to the close of the season, the permitted period of absence may be extended to as long as five months, between 1 November and 1 April following. I n order to benefit by "seasonal leave", alien workers employed in industry must obtain a certificate from their employer to the effect that they have been engaged by him and will again be employed in the undertaking when work recommences the following season. This document is visaed and dated by the French Minister of Labour, who inscribes upon it the number of the identity card issued to the person concerned. In order to avoid fraud, the interested party is required to present both these documents upon his return to France. Further, since 1927, no alien worker in possession of a "seasonal leave" certificate may leave his country of origin to return to France until he has received from his employer a letter recalling him ; this letter must bear the visa of the Foreign Labour Department (Service central de la main-d'œuvre étrangère) of the Ministry of Labour or of the Ministry of Agriculture as the case may be (Circular, dated 15 February 1927). Colonies.—In New Caledonia the Governor of the Colony decides in each case, upon the arrival of a ship transporting immigrants, the system under which such immigrants shall be introduced—i.e. whether they shall come under the general system established by Decrees of 11 July 1893 and 24 February 1920, or shall come under the special system applied to Javanese workers, laid down bv the Orders of 30 January 1920, 26 J u l y 1922, and 29 July 1924. GREAT BRITAIN : Colonies.—Exemption certificates may be issued by the competent authority, declaring that any person named in the certificate, or any specified class of persons, is not subject to the provisions of the Immigration Act : (1) To Indian immigrants under certain conditions (Borneo-Brunei, North Borneo, Federated Malay States, Straits Settlements, and the Non-Federated Malay State of Johore) ; (2) To previous residents or those who have failed to pass the dictation test (Jamaica) ; (3) To a lawful resident who wishes to leave the Colony and is 126 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT apprehensive that he may be excluded upon his return (Northern and Southern Rhodesia) ; (4) To intending immigrants who might be excluded as undesirable on account of standards: or habits of life (Northern and Southern Rhodesia) ; (5) To persons born in the Colony (British Guiana). (Brunei : Indian Immigration Enactment, 1924, sections 7, 9, 13. Borneo (North) : Indian Immigration Proclamation, 1891, Part III. Federated Malay States : Labour Code, No. 18 of 1923, sections 37, 43. Jamaica : Immigration Restriction Law, No. 36 of 1919, sections 5, 7. Northern Rhodesia: Immigrants Regulation Proclamation, No. 15 of 1915, section 18 (3). Southern Rhodesia : Immigrants Regulation Act, No. 7 of 1914, section 17 (3). Straits Settlements : Labour Code, No. 14 of 1923, sections 73-75, 78, 81. Unfederated Malay State of Johore : Labour Code. No. 10 of 1924, sections 37, 43.) Immigrants who would otherwise be prohibited may be given special permission to land in certain colonies. The Immigration of Undesirable Persons Ordinance, No. 20 of 1921, permits the Governor oí British Honduras to grant such permission upon guarantee of the immigrant's good behaviour or a guarantee to pay costs likely to be incurred in his behalf. In Nigeria, according to the Immigration Restriction Ordinance, 1918, section 11, as amended by Amendment Ordinance, 1924, section 5, the immigrant may make a deposit, and secure a certificate that he is a fit and proper person to enter. Similar regulations exist in Nyasaland, Somaliland and Uganda (cf. Chapter III, § I , (f)). (Nyasaland: Immigration Ordinance, No. 17 of 1922, sections 15, 1(5. Somaliland: Immigration Ordinance, No. 4 of 1924, section 11, (b). Uganda: Immigration Restriction and Removal of Undesirables Ordinance, 1913, section 3.) I n Uganda, furthermore, the immigration officer may permit any person to whom a certificate has been refused to enter or remain in the Protectorate if the person is of good character, and if he comes for examination within six months of the date of entry and reports himself a t the discretion of the officer and promises to leave the Protectorate within fourteen days if he fails to receive the certificate of entrance. (Immigration Rules, 1921, amended 1922.) GREECE.—Section 14 of the Ordinance of 23 J u n e 1927 lays down that the President of the Republic may prohibit, upon the proposal of the Minister of the Interior in agreement with the Ministers for Foreign Affairs and War, the permanent or provisional residence of aliens in certain regions or towns of the country. This prohibition may also be extended to apply to aliens already established or residing in the country at the time when the Ordinance was promulgated if such measures are called for in the interests of State security. HONDURAS.—The Aliens Act of 4 February 1926 lays down that the executive authority is empowered to refuse an alien admission to the territory at his discretion, when this is considered desirable (section 49). INDIA.—The Foreigners Ordinance, No. 3 of 20 August 1914, as amended by Ordinance No. 7 of 14 October 1914, empowers the Governor-Generalin-Council to prohibit or restrict, in such manner as he thinks fit, the entry of foreigners into India and the liberty of foreigners residing or being in British India. In particular, he may provide t h a t no foreigners shall enter India, save by such route or port or place as may be specified in such Order, that foreigners shall be prohibited from entering or remaining in any specified area in British India, or shall only be permitted to enter or remain subject to such conditions and restrictions as he may impose, or that foreigners shall be prohibited from carrying on trade or business or shall EXCEPTIONAL MEASURES AND INDIVIDUAL EXEMPTIONS 127 only carry on trade or business subject to such conditions or restrictions as he may impose. Act No. I l l of 1 March 1924, to regulate the entry into and residence in British India of persons domiciled in other British possessions, empowers the Governor-General-in-Council t o take all necessary steps and to make rules for the purpose of securing that persons not being of Indian origin domiciled in any British possession shall have no greater rights and privileges as regards entry into and residence in British India than are accorded by the law and administration of such possession to persons of Indian domicUe, and to make provisions concerning the manner in which they shall be established and the penalties which shall be incurred by them in case of contravention of any of the prescribed provisions, or to authorise the arrest of persons contravening or suspected of having contravened such provisions (sections S and 4). MEXICO.-—The definition of an immigrant (cf. Chapter II) enumerates certain classes of persons not considered to come under that description, more especially persons visiting the country for scientific or artistic reasons, providing that their stay does not exceed six months. Section 40 of the Act of 12 March 1926 lays down that theatrical performers who are aliens, engaged by contract in theatrical companies, must individually comply with the requirements of the law and the regulations thereunder if they propose to remain in Mexico for more than six months; in any case they must, in order to enter Mexico, produce their professional contracts and deposit as security a sum fixed by the Ministry of the Interior. Alien students may be exempted by the Minister of the Interior from fulfilling the immigration formalities if they make application in that sense and produce an official document proving that they have come to study in a Mexican official or private establishment (idem). The same Act lays down that admission to Mexican territory shall be refused to all individuals who, in the opinion of the executive authority, ought not to be allowed to enter the country (section 29). The Minister of the Interior is empowered to suspend temporarily the admission of immigrant workers when in his opinion the labour market has no need of such workers; or the Minister may in this respect select the workers whom he considers necessary (section 65). He is further empowered to suspend, under whatever conditions he may see fit, the deportation of aliens having entered the country in contravention of the Act, if he considers the presence of these individuals necessary (section 35). I n virtue of these powers the Minister of the Interior issued a Decree on 8 July 1927 suspending provisionally the admission of immigrant workers belonging to certain races (cf. above, under § 1, (d)). N E T H E R L A N D S : Dutch Indies.—Section 17 of Royal Order No. 32, dated 15 October 1915, enumerates certain categories of persons (consular officials and persons in charge of missions, together with their families, crews of warships or merchant vessels touching at a port, and travellers in transit) whose admission is not regulated by the aforesaid Order, and who are consequently free to enter the colonies. Nevertheless, if any such person appears to constitute a danger to public order, the Governor-General may order his expulsion. He m a y also permit certain exceptions in special cases to some of the provisions of this Order (sections 17 and 18). The Governor has also been empowered to issue special regulations in regard to alien persons who are on the same footing as the natives, that is Oriental persons, who, in the majority of districts, do not come under the aforesaid regulations, but under the special Coolie Regulations in cases where they are recruited under contract. (Order cited above, section 20 (2), and section 3 of the transitory provisions and final provisions ; Ordinance dated 29 November 1917 (I. S. No. 694), section 1.) 128 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT NEWFOUNDLAND.—The Governor-in-Council may prohibit, for a stated period or permanently, the landing in the Colony or at any specified port of entry of immigrants belonging to any race deemed unsuited to the climate or requirements of the Colony or of immigrants of any specified class, occupation or character. (Immigration Act, Ch. 29 of 1926, section 12.) NEW ZEALAND.—The Act of 1920 amending the Immigration Restriction Act, 1908, empowers the Governor-in-Council to exempt nationals of certain States to be specified by him from the necessity of holding an immigration permit (section 6). The issue of temporary landing permits is left to the decision of the Minister of Customs, who may make the landing of individuals subject to any conditions he may see fit to impose (sections 8 (2) and 9 (3)) or may at his discretion exempt certain persons or groups of persons from the necessity of possessing such permit (section 13). In May 1927 the Prime Minister announced that, in consequence of the existing unemployment crisis, the Government would suspend during a period of several months the admission of any immigrants to the country, with the exception of certain specific categories of persons (boys coming to study in certain schools, domestic servants, and agricultural workers). This prohibition was continued in December 1927 for a further period. PANAMA.—As has already been seen in § 1, (d), above, permits may be granted in exceptional cases for the admission of persons belonging to races ordinarily excluded. On the other hand, section 2 of Act No. 13 of 1926 lays down that admission to Panama territory may be refused, by way of reciprocity and for similar motives, to aliens who are nationals of countries which themselves refuse to admit Panama nationals. PARAGUAY.—Over and above the usual exceptions according free entry to diplomatic and consular representatives, Decree No. 20173 of 24 February 1925 authorises the admission of senators, members of parliament, and foreign officials of sufficiently high rank upon simple proof of their status (section 13/c). I t is, however, laid down that priests and ecclesiastical functionaries shall not be included among the favoured classes ; persons coming under these descriptions are required to hold legal documents and to submit to the conditions laid down for admission (section 13/). According to section 4 of the Immigration Act of 6 October 1903, aged, sick or infirm persons who can prove that they belong to a family comprising at least two sound persons admissible as immigrants or already settled in the country, or that they have sufficient private means, may be admitted; they are, further, entitled to exemptions and advantages provided for by law, with the exception of advantages relating to employment in the industries of the country. By the same Act the executive authority is empowered to favour such immigration as will be of the greatest utility to the country and further to restrain by whatever means ma.y seem opportune undesirable, useless or dangerous immigration. The said authority is moreover empowered to limit or suspend temporarily the issue of immigrants' travelling tickets after having heard the opinion of the Council of Ministers (section 2). POLAND.—Section 12 of the Aliens Ordinance of 13 August 1926 empowers the Council of Ministers to prescribe by Decree, for reasons of State or from political, economic, or health motives, exceptional and temporary restrictions upon the entry, stay, exit, or transit of aliens. These restrictions may include : (a) the partial or total closing of frontiers; (b) prohibition of the stay or settlement of aliens on Polish territory; (c) restriction of freedom of movement upon Polish territory; (d) application of certain supervisory measures. 9 EXCEPTIONAL MEASURES AND INDIVIDUAL EXEMPTIONS 129 Any decision taken in this respect by the competent authorities is without appeal. P O R T U G A L . — According to Decree No. 13919, dated 7 June 1927, the Minister of the Interior may prohibit the admission to the country of any alien, even one in possession of satisfactory papers, when the individual concerned nevertheless appears to be a suspicious character, or is a person against whom any accusation has been made (section 12). Colonies.—The Decree of 4 July 1906 empowers the Governors of oversea provinces to take exceptional measures for $he restriction of free alien immigration, when the interests of the State render such measures desirable. RUMANIA.—The Act of 11 April 1925 empowers the Minister of Labour, on the advice of the Migration Commission, to impose temporary restrictions upon immigration, for reasons of public order or for financial reasons to protect Rumanian workers and safeguard the hygiene, sanitation and morality of the country, and in respect of nationals of States which impose restrictions upon the immigration of Rumanian citizens to adopt measures similar to those of the State in question. Exceptional provisions may also be made to restrict the immigration of workers of any specific occupation in order to avoid economic disturbance ; supervising officials at frontier stations and diplomatic and consular agents are immediately informed of any such provisions (sections 1 and 35). SIAM.—According to the Immigration Act of the year 2470 of the Buddhist Era (1927) a passport is not asked for in the case of diplomatic officials and their families, persons in charge of official missions, or members of the crew of a foreign ship. The Minister of the Interior is further empowered to exempt from the obligation to hold a passport passengers travelling by the Royal Siam Railway Company across Siamese territory in order to reach a territory situated outside of Siam, as well as persons resident in the frontier zones of neighbouring States for the purpose of frontier traffic (section 6). Further, diplomatic and consular officials and travellers in transit are also exempted from provisions which may be laid down in regard to possession of a minimum capital and the fixing of an annual quota (section 9). Moreover, the Minister of the Interior is empowered to grant an alien individual permission, contrary to the provisions of the said Act, to enter the country under such conditions as the Minister may see fit to impose (section 10). S O U T H AFRICA.—Section 25 of the Immigrants Regulation Act, 1913, states that any person who desires some assurance as to his title t o ' return to the Union without coming under the restrictive provision of the Act can obtain from an immigration officer a permit described as a certificate of identity. The person in question must prove lawful residence in the Union (Regulation 21). A fee is charged for this certificate, the duration of which is limited to three years. Holders of these documents who do not return to the Union within the currency of the certificate may be required to undergo the test imposed by law (fifth annex of the Regulations). SWITZERLAND.—By the Decree of 29 November 192Ì, the Federal Council reserves the right, with a view to facilitating the admission of persons coming from European or oversea countries, to make general provisions or provisions limited to journeys for certain specific objects, or to prohibit completely or partially the admission of aliens, and further to introduce special measures in regard to the admission of nationals of certain States, or special regulations in regard to determined frontier zones when danger of a political, economic or sanitary nature exists or when a foreign 9 130 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT State takes special measures to ¡restrict the entry of Swiss nationals to its territory (section 10). • TURKEY.—In§ l,(d), it has already been said that, in accordance with Act No. 885 of 31 May 1926, the only aliens admissible are those of "Turkish race"; however, section 4 of the: Act cited provides that exceptions may be allowed in respect of persons going to Turkey in virtue of a special convention, who may be allowed to enter and to establish themselves there in conformity with the clauses of such convention and of decisions taken by the Government. The Minister of the Interior is competent, in conformity with decisions taken by the Government, to authorise the admission of persons coming from abroad either singly or in groups with the object of settling upon the territory of the Turkish Republic, to select a place of residence for them, and to conduct them to it (section 1). VENEZUELA.—By section 13 of the Act of 23 J u l y 1925, the right is reserved of refusing admission to any alien whom the President of the Republic m a y regard as inadmissible. Section 6 further empowers the President to decide whether priests shall be admitted or shall be re-embarked. Aliens coming to the country without the intention of remaining there permanently are excluded from the provisions prohibiting admission, as are also persons who are expressly excluded from the scope of prohibitive measures by international Treaties or Conventions (section 13 (2)). § 4.—Legislation relating to Clandestine Immigration The reasons for the phenomenal growth of clandestine emigration is explained in Volume I of the present study. The position is, of course, similar, considered from t h e point of view of immigration. The strictness of the regulations, both upon arrival and upon departure, has given rise to a considerable amount of illicit immigration which the countries concerned try to stop b y means of legislation. Several categories of persons are subjected t o supervision, as follows : (a) Stowaways : persons travelling t o their destination b y hiding on board outgoing vessels and who in consequence are not included upon any passenger list; (b) Workaways : persons passing as members of the crew,. who 7 in reality are trying t o emigrate (the following subsection details the precautions taken in regard t o mala fide seamen and deserters); (c) Persons included on the passenger list of a -vessel b u t who, knowing themselves to be inadmissible t o the country of destination, endeavour t o effect a secret landing LEGISLATION RELATING TO CLANDESTINE IMMIGRATION 131 prior to the inspector's visit in order to escape this, or even after an unfavourable decision has been come to by the inspector; (d) Fraudulent transmigrants : persons who endeavour to enter or remain in the territory of a State with a passport stipulating a neighbouring State as ftheir destination. Within the various countries active steps are taken to seek out individuals who have entered fraudulently. I t is frequently laid down in immigration laws that any person found upon the territory without having undergone the examination for admission shall be deported, without prejudice, as a rule, to additional penalties. There are cases, however, in which such persons have merely to undergo an examination, as a result of which they are either deported or legally admitted. Some provisions relate also to the complicity of transport companies in such attempts at clandestine immigration, and in general to complicity of any kind with this object in view. Extremely severe penalties are frequently provided in the case of public officials found guilty of complicity or even of complaisance in respect of clandestine immigrants. Sometimes persons assisting in the conviction of individuals contravening the provisions are rewarded for their trouble. Neighbouring countries sometimes arrange to assist each other in the restriction of clandestine immigration. JAPANESE MANDATED TERRITORY : South Sea Islands.— The Ordinance of 2 February 1925 empowers the chief of the local administration office to prohibit the landing or order the expulsion from the South Sea Islands of persons contravening the provisions of the Ordinance or making use of a passport or certificate of nationality belonging to any other person, or having obtained their own visa by fraudulent means (section 4). ARGENTINA.—Sections 10 and 11 of the Decree of 31 December 1923 prohibits the admission to Argentine territory of clandestine travellers and aliens whose actual destination is Argentina, although they carry a passport visaed by the consul of a neighbouring State as if they intended to go to a port of that State. Captains of ships bringing such passengers to Argentina are liable to a fine which may amount to 100 gold pesos, the amount being settled in each individual case by the General Immigration Office. AUSTRALIA.—An officer may detain and search any vessel within the territorial waters of the Commonwealth to ascertain whether there are any stowaways on board. If a vessel conies into port in Australia with a stowaway on board, who is a prohibited immigrant, the -master, owners, agents and charterers of the ship are liable to a fine of £100 for each 132 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT stowaway. A stowaway is considered a prohibited immigrant if he fails to pass the dictation test or if the officer refuses to give him permission to land without restriction. (Immigration Acts, 1901-1925, section 9A-9D.) Papua.—The regulations provide that any immigrant who evades t h e supervision of the immigration officer may, if at any times thereafter he is found in the territory, be required to pass the dictation test, and shall, if he fails to do so, be deemed a prohibited immigrant offending against the Ordinance. (Immigration Restriction Ordinance, No. 2 of 1908, section 6.) BELGIUM : Congo.—The Legislative Ordinance of 8 March 1922 provides that a person having assisted an undesirable individual to evade the decision of a n immigration official and to evade deportation shall be liable to a fine of 2,500 francs or a term of three months' imprisonment. The same penalties are provided for in the case of a person sheltering or knowingly aiding an undesirable individual to deceive the administrative authority with a view to obtaining permission to enter the Colony or having obstructed immigration officials in the discharge of their duty as laid down by Decree (section 19). BRAZIL.—Section 14 of the Instructions dated 30 J u n e 1925 lay down that it is forbidden in railway stations or at other points of embarkation situated on or near the frontier to sell or give tickets for the interior of the country to immigrants not producing the required papers duly legalised by immigration inspectors. In accordance with the Decree of 6 January 1921, "any alien expelled from the territory who returns to Brazil before or unless the Order for his expulsion has been revoked is liable to a term of two years' imprisonment, after whish he will again be expelled (section 6). CANADA.—Any person who enters Canada except at a port of entry, or who at a port of entry eludes examination by an officer or Board of Enquiry, or who enters Canada by force, misrepresentation or stealth is guilty of an offence against the Immigration Act, and liable on conviction to a fine of not more than $200 ' or to a term of imprisonment not exceeding three months, or to both fine and imprisonment. Such entry is in itself sufficient cause for deportation whenever so ordered by a Board of Enquiry or by an officer in charge. (The Immigration Act, 1910-1924, section 33 (7).) Any director, official or employee or any person interfering with a n immigration officer in the performance of his duty, or knowingly assisting in the escape of anyone detained in. the custody of an immigration officer or a t a n immigration station, or giving false information to assist the landing of any person who would otherwise be excluded under the Act, is liable. to a fine of not more than $500 and not less than $20, or to a term of imprisonment for a period not exceeding six months, or both. (Idem, section 33 (9).) If the master of any ship arriving at any port in Canada permits any stowaway to leave the vessel without permission of the immigration officer in charge, or through negligence permits the stowaway to escape from the vessel before the immigration officer in charge has given permission for thè stowaway to be landed, or after such stowaway has been ordered to be deported, or, in the.event of such escape, fails to report it forthwith to the immigration officer in charge, he: is liable to a fine of not more than $100 and not less than $20 for every stowaway so leaving or escaping from the vessel. (Idem, section 49.) 'One Canadian dollar = approximately 4s. Id. (28 Jan. 1928). LEGISLATION RELATING TO CLANDESTINE IMMIGRATION 133 DENMARK.—The fact of having entered Denmark without a passport or of having aided another person so to enter renders any individual liable to a fine and, in a serious case or one of repetition of the offence, to a term of imprisonment. The offender, if an alien, is deported. The captain of a vessel having brought a passenger in such circumstances is also held responsible ; he is liable to a fine, and, if the offence entails repatriation of an alien, both the captain of the vessel and the transport company (or its representative in Denmark) are jointly responsible for payment to the police of an amount representing the cost of repatriation. (Act of 31 March 1926, section 3.) F R A N C E : Colonies.—In West Africa any person who has been refused permission to land and who by fraud or any other means has succeeded in entering the territory is liable to a fine of from 100 to 500 francs 1, together with a term of from two to six months' imprisonment, or to one of these penalties. Individuals having aided or abetted the landing of any such person are liable to the same penalties, and lighter penalties may be inflicted upon persons having facilitated such landing by their negligence. Transport companies are obliged to repatriate passengers brought by them who have been convicted of clandestine landing after they have completed their sentence. (Decree of 24 January 1925, sections 5 and 7.) In the French Establishments in Oceania and Madagascar, the captain of any vessel transporting immigrants and allowing an immigrant to land before he has been authorised to do so by the Chief of the Immigration Service is liable to a fine of from 25 to 100 francs for each person so landed. He is further liable to a term of from six to fifteen days' imprisonment. (Madagascar .Decree for the Regulation of Immigration, dated 6 May 1903. French Establishments in Oceania: idem, dated 24 February 1920.) G R E A T B R I T A I N : Colonies.—Provisions concerning the admission of stowaways are to be found in the laws of many of the British colonies. I n the Bahamas, in Barbados and in Bermuda stowaways are allowed to land only if the consular agent of the country to which they belong or the agent of the ship that brings them agree to see t h a t they do not become chargeable to the Colony before such time as they can be reshipped. Stowaways must be taken back on board and carried out of the territory at the expense of the master, in the colonies of Fiji, Gambia, Honduras and St. Lucia. This is also the case in Bermuda if the stowaway is proceeded against and imprisoned there or fined under the provisions of the Merchant Shipping Act, 1894, and if the ship on which he was brought returns within sixty days. A term of imprisonment is imposed in Ceylon, Fiji, Hongkong, and Honduras. A fine is incurred by the stowaway in Hongkong and the Straits Settlements. I n Gambia he is liable either to a fine or to imprisonment. In Hongkong and Sierra Leone the master incurs no further responsibility for a stowaway if, immediately upon arrival, he hands him over to the police authorities. (Bahama Islands : Immigrant Paupers (Prevention) Act, 1908, section 8. Barbados : Immigrant Paupers (Prevention) Act, No. 29 of 1909, section 10. Bermuda : Immigration Act, 1902, sections 1 (5i), 33. Ceylon : Destitute Immigrants Regulation (Amendment) Ordinance, No. 3 of 1910, section 2. Fiji : Immigration Restriction Ordinance, No. 2 of 1909, as amended by No. 7 of 1917, sections 5 (1/), 7 (1). Gambia : Immigration Restriction Ordinance, No. 12 of 1924, section 15. Hongkong : Stowaways Ordinance, No. 3 of 1924, and Vagrancy Ordinance, No. 9 of 1897. British Honduras : Immigration of Undesirable Persons Ordinance, No. 20 of 1921, section 5 (1/), 7 (1). Sierra Leone : Immigrant ' One French franc = approximately 2d. 134 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT Paupers Ordinance, No. 26 of 1909, section 4. Straits Settlements : Labour Ordinance, No. 14 of 1923, section 71 (1). Windward Islands : St. Lucia : Undesirable Immigrants Ordinance, No. 6 of 1924, section 17.) In Zanzibar the immigration by land, sea or air of a prohibited immigrant is forbidden. Any person who by a false declaration obtains, either for himself or for another person, a certificate or document to which the individual concerned is not entitled, with the object of ensuring admission to the Protectorate of a person not otherwise admissible, and any person making fraudulent use of such certificate or other document, renders himself liable to a penalty (either a fine or a term of imprisonment). (Decree No. 8, dated 26 March 1923, sections 4., 26 and 28.) GUATEMALA.—-Transport companies bringing inadmissible immigrants to the national territory Eire liable, under the laws of the country, to a fine of 300 dollars. (Act of 15 September 1924.) JAPAN.—The Prefectural Governor may prohibit the admission to the territory, or may order the explulsion therefrom, of any person having infringed the provisions of the Admission of Aliens Ordinance, or having made use of a spurious passport or certificate of nationality, or having obtained a visa under false pretences. (Ordinance No. 1, dated 24 January 1918, section 4.) LATVIA.—-Persons failing to observe the provisions relating to admission to the country are liable to a fine of 1,000 lats ' o r a term of six months' imprisonment. (Act of 7 March 1927, section 3.) MEXICO.—Aliens entering the country in violation of the law or in contravention of its provisions are liable to a fine of troni 100 to 1,000 pesos *, and are deported. The return passage is made at the expense of the transport company by which such passengers were brought to Mexico. (Act of 12 March 1926, section 85.) NETHERLANDS : Dutch Indies.—Any person making use of an admission card or residence permit made out in the name of any other person is liable to a fine or a term of imprisonment, arid is also deported from the Colony. (Royal Decree No. 32, dated 15 October 1915, section 16.) PANAMA.—Any alien whose immigration is prohibited and who nevertheless enters3 the territory of Panama, is punished either with a fine of 500 balboas or a term of one year's imprisonment with hard labour; after completion of the sentence, such person is deported. Any person responsible for the introduction to the national territory of an alien whose immigration is prohibited is liable to a term of three months' imprisonment for the first offence, and from three to twelve months' imprisonment for subsequent offences. If the person in question occupies a public position, he is further liable to the loss of his appointment and to be declared ineligible to hold any public office during a period of five years. Persons, undertakings, or companies found to have in their employment immigrants whose immigration has been prohibited and who have entered the country clandestinely are regarded as accomplices in the infringement of the law; they are in consequence punished by the infliction of a fine of 250 balboas for every such immigrant. Transport companies having brought to the country individuals whose immigration is prohibited are 1 2 3 One lat = approximately lOd. One Mexican peso = approximately 23. id. One balboa = approximately 4s. ¿!d. LEGISLATION RELATING TO CLANDESTINE IMMIGRATION 135 fined 500 balboas, and have further to return the individuals referred to either to the port from which they came or to another port outside the national territory, at their own expense. Any person giving information leading to the discovery of a clandestine immigrant excluded by the law is entitled to one-half the amount of the fine or fines paid as a result of such information being given. (Act No. 13, dated 23 October 1926, sections 4-8.) PARAGUAY.—Captains, agents and proprietors of ships have to pay a fine in respect of every immigrant brought to the country in violation of the law, without prejudice to their liability to return such immigrant to his place of origin. The same penalties are incurred by persons illegally introducing immigrants by a land route. Consuls who visa the documents of immigrants not complying with the conditions laid down by the laws and regulations of Paraguay and by those of the country which the immigrants are leaving are regarded as responsible for the offence committed, and have to pay the fine mentioned above. (Decree No. 20173, dated 24 February 1925, sections 8, 9 and 12.) RUSSIA.—According to the Maritime Service Decree, No. 560, dated 20 March 1924, if passengers having no passport or whose passport has not been visaed are found on board any vessel arriving from a foreign port, the captain is required to take the necessary steps to prevent the landing of such persons, who must be handed over to the port authorities (section 60). I n accordance with the Decree of 21 March 1921, persons entering Russian territory clandestinely are liable to a fine and to a term of imprisonment. SALVADOR.—Cf. § 2 of Chapter X. SIAM.—An alien entering the Kingdom clandestinely, either by concealing his identity in order to evade the provisions of the law or in contravention of the immigration regulations, is lable to a fine not exceeding 1,000 bahts K Any person bringing a n alien into the Kingdom in contravention, or assisting any person to evade the provisions, of the law is liable to a term of six months' imprisonment or a fine of up to 200 bahts or to both these penalties. (Act of 11 J u l y 2470 of the Buddhist Era (1927), sections 14 and 15.) Cf. also § 2 of Chapter X , for provisions •concerning the deportation of persons found upon Siamese territory in contravention of the laws. S O U T H AFRICA.—It is the duty of the master of any ship which enters any port to deliver to the immigration officer a list of stowaways, if any have been discovered. (The Immigrants Regulation Act, 1913, section 12.) SWITZERLAND.—According to the Decree issued by the Federal Council on 29 November 1921, an alien who with the intention of deceiving any police authority makes use of forged or altered legitimation papers, or of papers belonging to another person, is punished with a term of up t o twelve months' imprisonment. Any person who, by evading provisions in force, enters or resides upon Swiss territory, is liable to a penalty of not more than sixty davs' imprisonment or a fine of up to 5,000 francs 2 or both (section 21). U N I T E D STATES.—The Immigration Rules, 1927, provide t h a t alien 1 2 One b a n t = approximately Is. lOd. One Swiss franc = approximately lOd. 136 THE BIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT stowaways shall be manifested and produced for inspection in the same manner as are other aliens, and the fact that they were stowaways shall be indicated on the manifest. (Rule 2 B (4).) . Aliens arriving at seaports of the United States as " stowaways", or alien "stowaways" who arrive as "workaways", shall be held for examination by a board of special enquiry. Unless the board reaches the conclusion that beyond a doubt the alien, except for being or having been a stowaway, is entitled to land, it must exclude. Appeal is allowed in such ease unless some mandatory reason for exclusion is found to exist. (Rule 3 (O) 1927.) Any person, including the master or owner of a ship, who brings into or lands in the United States, by vessel or otherwise, or attempts to conceal or harbour any alien not duly admitted by an immigrant inspector, is liable to a fine not exceeding 2,000 dollars, and to imprisonment for a term not exceeding five years for each such offence. (Immigration Act, 5 February 1917.) By the Immigration Act of 1&24 it is unlawful for any person (owner, master, agent, charterer or consignee of any vessel, or any transportation company) to bring to the United States by water from another country —other than foreign contiguous territory—( 1 ) an immigrant who has no unexpired immigration visa, or (2) a quota immigrant having an immigration visa that specifies him as a non-quota immigrant. If an immigrant has been so brought the above-mentioned persons concerned are liable to a fine and to the return to the immigrant of the total expenditure incurred for transpoitation from the initial point of departure (section 16). URUGUAY.—The captain of any ship is required, upon arrival a t the port of entry, to submit a complete list of passengers to the landing inspector. If the number of immigrants found on board by the inspector is less than the number whose names are included in the passenger list, and if the captain is unable to offer a satisfactory explanation of their absence, he has to pay a fine of 100 gold pesos 1 for every missing passenger. If the passenger is subsequently traced, and is found to have escaped the examination upon landing, the same fine is payable, without prejudice to the obligation on the parb of the captain to return the individual in question to the port from which he came. (Decree dated 18 February 1915, sections 9, 13, and 14.) § 5.—Special Legislation relating to Seamen There are three aspects of seafaring life which may be almost regarded as aspects of immigration, as follows : (a) The engagement of alien seamen to serve on board a vessel, who thus come under the national flag; (b) The prolonged stay upon the territory of a nation of alien seamen belonging to the crew of a vessel flying the flag of that country; (c) The prolonged stay upon the territory of a nation of alien seamen belonging to the crew of an alien vessel. 1 One Uruguayan gold peso = approximately 4s. od. SPECIAL LEGISLATION RELATING TO SEAMEN 137 The first of these (engagement of the seaman) is regulated more particularly by the maritime codes and laws of each country. On the other hand, immigration laws frequently include provisions relating to the landing of alien seamen. As in the case of legislation relating to the emigration of seamen, the principal legal provisions existing in this respect can only be briefly touched upon here. For further information on the subject, the reader cannot do better than consult the detailed documentary studies in regard to seamen undertaken and published by the International Labour Office1. EMPLOYMENT OF ALIEN SEAMEN In connection with the employment of an alien seaman, there are two phenomena to be considered : (a) his engagement, (b) his repatriation upon expiry of his contract. (a) Engagement of alien seamen. In some countries the employment of aliens on board merchant vessels flying the national flag is subject to certain restrictions. Some of these restrictions are inspired by a political motive and are only of an occasional character; these merely affect the nationals of ex-enemy countries. For example, according to section 47«, of the Australian Navigation Act, 1912-1920, aliens are not allowed to seek engagement or even to be employed in a specialised capacity on board an Australian ship unless they produce sufficient proof of their nationality, as no ex-enemy alien (Austrian, Bulgarian, German, Hungarian, or Turk) is allowed to sign a contract of employment. The same applies to seamen having an insufficient knowledge of the English language. Other restrictions are of a more general character; they appear at one and the same time as measures tending to ensure the safety of a vessel and homogeneity of the national mercantile marine, and as measures for the protection of national labour. Under the latter aspect, they may be compared with the provisions by which in many countries the employment of aliens in industrial, commercial and agricultural establishments is regulated. In Cuba and Mexico it is provided that alien seamen may not be engaged in a foreign port unless this is necessary to complete the 1 Cf. more particularly : Seamen's (Seamen), N o . 1. Geneva, 1926. / Articles of Agreement. Studies a n d Reports, Series P 138 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT crew in exceptional circumstances, and with the authorisation of the consul. In a national port, a crew may not consist of aliens to the extent of more than one-fifth of the total number of persons employed. (Section 634 of the Cuban Commercial Codes, and section 709 of the Mexican Commercial Code.) In France and Italy, where the crews of mercantile vessels are engaged in accordance with a system of maritime registration, a proportion (25 per cent.) only of a vessel's crew may be made up of aliens. In Peru, the crew of any national vessel must be composed of nationals of the country to the extent of at least two-thirds. Nevertheless, an exception is allowed in the case of ships coming from abroad, where it has been impossible to make up the crew in the proportions provided for by law. Further, for this purpose, alien seamen who have served a period of two years in the Peruvian Navy, and were not discharged for bad conduct, may be considered as Peruvian nationals. (Regulations of the Mercantile Marine, sections 515-517.) In Bulgaria, except in special circumstances, any person entering service on board a mercantile vessel belonging to the Bulgarian Company must be a Bulgarian or a Bulgarian subject. (Regulations of the Bulgarian Company, section 3.) The officers of a vessel are usually required to be nationals of the country whose flag she flies. There are some countries, however, in which seamen are excepted from the scope of measures to restrict the employment of alien workers. For example, it is stipulated in Germany that the provisions of the Ordinances of 2 January 1923 and 2 January 1926 respecting the engagement and employment of alien workers do not apply to work on board ship (section 1). The procedure for the engagement of alien seamen, moreover, frequently differs from that; in accordance with which national seamen are engaged.' (b) Special system employed for the repatriation of alien seamen. As has already been seen in Volume I (§ 5 of Chapter III) of the present study, the Maritime Codes of most countries lay down that seamen engaged to serve on board a ship must be repatriated by her owners, either at the conclusion of their contract in a foreign country or in certain, cases where they have had to be put ashore (sickness or accident necessitating hospital treatment, SPECIAL LEGISLATION RELATING TO SEAMEN 139 loss of t h e vessel, etc.). However, the ordinary provisions relating t o repatriation do not apply in every case t o alien seamen. When an alien seaman has been ngaged in a port of t h e country whose flag the vessel flies, it is usual to allow him t o benefit b y a provision t h a t he shall be repatriated a t the expense of t h e shipowners; b u t this is rarely the case when an alien seaman is engaged in a foreign country. Thus the British Merchant Shipping Act of 1906 lays down in section 32, (3), t h a t t h e provision for repatriation "shall not apply in the case of a foreign seaman who has been shipped a t a port out of the United Kingdom and discharged at a port out of the United Kingdom". Seamen so engaged are not entitled t o repatriation a t t h e expense of the shipowner. The Scandinavian Maritime Acts (Denmark : 1 May 1922; Finland: 8 March 1924; Norway : 16 February 1923; Sweden : 15 J u n e 1922) lay down t h a t as a general rule alien seamen left behind in any place for t h e purpose of hospital treatment or stranded following the loss of the vessel are not entitled t o a free passage; nevertheless, these Governments reserve the right t o extend t o alien seamen the advantages provided for national seamen on t h e basis of reciprocity. Other laws provide unreservedly t h a t the seaman shall be repatriated as far as the port at which he was shipped or t o some other port specified in t h e agrément. Among these may be mentioned t h e Canadian Merchant Shipping Act, t h e French Maritime Code of 1926, the German Seamen's Act of 1902, etc. I t has already been noted in Volume I (§ 5 of Chapter I I I ) that, in certain cases, instead of furnishing a seaman left' abroad with a free return passage, it is permissible t o require him t o accept service on board a vessel flying the flag of his country bound for t h e port to which he is entitled t o be returned, or for a port near his final destination; the German Act lays down in section 79 t h a t aliens may in similar circumstances be required t o accept service in the same way on board a vessel of their own nationality. L A N D I N G OF A L I E N SEAMEN ON NATIONAL T E R R I T O R Y I n most States the immigration regulations do not apply t o alien seamen belonging t o the crews of ships touching at national ports; such aliens, provided t h a t they are bona fide seamen, are 140 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT usually allowed to land temporarily while their ship remains in port without having to comply with the usual formalities for admission. However, their landing is usually subject to the vessel being found to comply with certain sanitary conditions, and seamen suspected of infection or suffering from an infectious disease are not allowed to land. Immigration regulations in general do not apply to alien seamen who because of either sickness or accident have had to be left behind by their ship in order to receive needed medical assistance. Precautions of various kinds are, however, taken by the different countries to prevent non-admissible aliens from taking advantage of the privilege allowed them as seamen to immigrate freely to the country. An essential point to be noted is that the majority of legal provisions concerning the landing of alien seamen draw no distinction between the crew of a national vessel and that of .a foreign vessel. The legislation of some countries will, indeed, be found to contain certain provisions to regulate the engagement of aliens to serve in the Navy; such provisions are, however, very rare, and where they do exist they seldom bear any resemblance to those relating to immigration properly so called, as the conditions for admission as immigrants are much more precise and usually much stricter. Thus, an alien seaman belonging to the crew of a national vessel is not necessarily regarded as an admitted immigrant in the country of such vessel. In order to guard against, the irregular immigration of aliens' having arrived as members of a ship's crew, various methods are resorted to, which, moreover, are not reciprocally exclusive and are often made use of concurrently with a view to ensuring the maximum security in this respect. The simplest method consists of requiring alien seamen landing temporarily to present a document of identity signed by the captain of the vessel, which serves as a proof that such persons are bona fide seamen and makes the captain responsible for their returning on board (Australia: Navigation Act of 1912-1920; French West Africa : Decree relating to the admission of aliens, dated 24 January 1925, etc.). In some instances a special document is required; e.g. in Argentina any seaman inscribed as a member of the crew of a ship which enters any Argentine port must have in his possession either a navigation book or an individual identity card, made out in duplicate and bearing such SPECIAL LEGISLATION RELATING TO SEAMEN 141 seaman's photograph. Within the forty-eight hours following arrival of t h e vessel the individual card must be submitted t o the authorities of the General Immigration Office to receive their visa. No seaman may be allowed to land until the card has been so submitted. (Circular No. 7, dated 25 J u l y 1925.) I n order t o ensure t h a t no seaman shall remain without authorisation after t h e ship t o whose crew he belongs has left, it is frequently laid down t h a t the captain of a ship shall, upon her arrival and again upon her departure, submit t o the maritime on immigration authorities a list of members of the crew as then existent, with an indication of each person's nationality. Some regulations provide for the roll to be called at the time of departure, in the presence of a competent official, who checks off the list presented when t h e vessel arrived. Seamen who are missing are inscribed as deserters and prohibited immigrants ; when found upon the national territory they become liable to the penalties incurred as such. (Australia: Immigration Act, 1901-1925, section 2, (3k) ; South Africa : Immigration Regulation Act, 1913, section 15.) Certain laws, however, lay down t h a t alien seamen are not deemed t o be prohibited immigrants, punishable as such, so long as the ship remains in port (South Africa: Act t o Regulate Immigration, 1913, section 5, (bj). I t is also frequently provided t h a t persons in charge of a ship which has allowed a seaman to abscond in this way themselves become liable to various penalties, such as the deposit of a certain sum as security which will only be returned after the deserting seaman has been found (Mandated Territory of South-West Africa, Argentina, Australia, etc.). The laws governing the landing of seamen sometimes require the master of a vessel to inform the local immigration or maritime services of any case of a seaman having landed without his consent. For example, in Argentina the captain of a ship must inform the port authorities of any occurrence of the kind ; he must also hand over the papers of the person in question and deposit a sum of up t o 1,000 pesos as security. This sum is returned subsequently if it is proved t h a t the deserting seaman either has left the national territory or complies with the conditions laid down for admission to the country, failing which the amount becomes definitely the property of t h e Government. When a ship is obliged to leave an alien seaman behind owing 142 THE BIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT to his condition of health, or for some other valid reason, it is often stipulated that either the consul of the country whose flag is flown by the said vessel or the consul of the country to which the said seaman belongs must undertake the responsibility for all landing expenses and, in the event of the person concerned remaining in the country and later becoming destitute, the cost of his maintenance and repatriation (Australia: Navigation Act, 1912-1920; Barbados: Act No. 35 of 1927; etc.). Often, also, the temporary landing of alien seamen is subject to the authorisation of the port superintendent ( Great Britain : Aliens Act of 1925, section 2) or to that of the local administrative authorities (India : Merchant Shipping Act of 1923) or of special immigration services (Palestine: Regulation of 15 March 1926). An authorisation of this nature is sometimes accorded in the shape of a special certificate made out for a limited period. For example, in the United States a seaman who is sick must, in order to be allowed to land, obtain authority to do so temporarily in a form called a "Certificate of Afflicted Seaman"; this is made out for thirty days, and is renewable in case of need (Immigration Rules, 1925). If, when an alien seaman has been allowed to land temporarily under these conditions as a non-immigrant, he takes up an occupation in the country or remains there longer than sixty days, he is considered to be no longer entitled to the special status of an alien seamen; he is then taken into custody and deported as a clandestine immigrant (Rule No. 6, I of 1927). Provisions also exist for the recovery of expenses for maintenance and repatriation which may be incurred on behalf of a seaman left behind. In Denmark, such expenditure must be reimbursed by the ship which left the seaman behind, or by the shipping company's representative (if any), in Denmark (Act of 31 March 1926). In Norway, the owners of vessels which have allowed alien members of their crews to land remain responsible during the three months following for expenditure incurred by the Norwegian Government if for any reason the alien has to be deported (Act of 22 April 1925). In Great Britain it is stipulated by the Merchant Shipping Act that the captain of any vessel who leaves behind in a British port a national of any country which has no consular agent in Great Britain is liable to a fine of £30, which is applied in the first place to assisting or repatriating the seaman so abandoned. If the person concerned SPECIAL LEGISLATION RELATING TO SEAMEN 143 is a Lascar or any other native of India, the reimbursement of any expenditure incurred is claimed from the Government of India, which may in turn recover such amount from the shipping company by which the seaman was engaged upon his home territory. In Australia it is provided by the Navigation Act that if any seaman is left behind in a port of that country without the consent of the consular representative of the country whose flag the vessel flies, and without the permission of the port superintendent, the shipping company is called upon to reimburse to the Australian Government all expenditure incurred for the repatriation of the seaman concerned. Moreover, seamen who are legally admissible may, if they wish, be definitely admitted to a country like any other immigrants, provided that they pass the examination for admission and duly comply with all the conditions imposed by law. The legislation of several countries lays down explicitly that they are definitely required in such circumstances to conform to the general immigration rules (e.g. United States: Rule No. 6, F, 1927). Further provisions exist to deal with the cases of alien seamen belonging to certain categories of persons who are either explicitly excluded by the immigration laws of the country in which they land or who at all events come under a special system. Thus, many regulations are specially designed to deal with seamen belonging to races whose immigration is either prohibited or subjected to restriction. For example, in Canada, seamen of Chinese origin are not allowed to land. Ships employing individuals of Chinese origin as seamen of whatever class are required, upon their arrival in port, to deposit a sum of money as security for every Chinese on board (Order-in-Council, P. C. 1275). No seaman of Chinese origin is allowed to land in Cuba. If any such land upon the express order of the master, entire responsibility rests upon the latter (Decree No. 570, dated 27 April 1926, section 14). In the French Colony oí Indo-China, Asiatic alien seamen may not land unless they are in possession of a special pass issued by the Immigration Service direct to the master of the ship and returned by him upon departure (Decree of 16 October 1906). In Tonquin, Chinese members of the crews of foreign ships registered at Haiphong must have what is called a "capitation card" like ordinary Chinese immigrants. Chinese owners of junks or boats are required to obtain 144 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT a special residence permit renewable month by month, for which a fee is payable. The Chinese master and crew of any fishing vessel must also obtain individual residence cards bearing the finger-prints of the holder; and these cards do not entitle the holders to circulate in the country (Order of 12 December 1923, sections 25 to 31). As a further example of a special system applied to seamen belonging to certain races, we may cite the provisions of the Order of Great Britain dated 18 March 1925 relating to the compulso^ registration of coloured seamen immediately upon their arrival in port. When persons belonging to prohibited races who have previously been admitted to a country take service with the crew of a ship attached to some port of that country, in order to avoid the difficulties with which such persons might otherwise be faced upon their discharge (when seeking to re-enter the territory of the country in question), steps are sometimes taken to distinguish them from other (non-admissible) individuals of the same race. Thus, in Canada, Chinese having been properly admitted and who take service upon a vessel attached to a Canadian port must be registered, upon pain of a fine to be paid by the master, agent, or shipowner, and must obtain a special certificate entitling them to re-enter Canada (Chinese Immigration Act of 1923, section 25). Certain countries have also taken legislative measures regarding the assistance to be given alien ships within their territory in their search for seamen who have deserted. This matter is, however, most frequently regulated by international agreement. Consular Conventions in particular frequently specify the assistance which will be given to the consular representative of the country to which a vessel belongs, in the search for any seaman having deserted from such vessel. Recently, a number of countries have introduced legislative provisions relating to the crews of airships. Thus, the various provisions contained in the Norwegian Act of 22 April 1927 relating to the landing of alien seamen are also applicable in every detail to the landing of airship crews. OFFICIAL DEPARTMENTS 145 CHAPTER IV IMMIGRATION SERVICES The majority of the immigration countries have set up special administrative departments to deal with all matters connected with the admission of immigrants to their respective territories, whether it be to check excessive immigration or to select the more suitable elements, or whether, on the other hand, it be generally to promote immigration by supplying information on the conditions open for workers in their territories or by entrusting officials appointed abroad with the recruiting of immigrants there. In many cases the official services are seconded in their work by private societies of diverse character, whose aims are sometimes economic and sometimes of a philanthropic or patriotic nature. § 1 of the present chapter discusses the official services, and § 2 the private institutions. § 1.—Official Departments The centralisation of the immigration departments is more or less developed according to the country considered, while their independence from the other State services will similarly be seen to vary to a large extent. Typical examples are offered in this connection by the more important immigration countries : the Bureau of Immigration of the United States of America is a type of centralised organisation and is almost completely autonomous, while the complex organisation of the various immigration departments which in France are attached to the Ministry of Labour (industrial workers), the Ministry of Agriculture (agricultural workers), and the Ministry of the Interior (registration of aliens) is a typical example of the opposite system. When there is a dispersion of 10 146 IMMIGRATION SERVICES the various duties, special co-ordinating bodies, such as special interdepartmental committees, give the work the necessary cohesion. When no special immigration departments have been created, the ordinary administrative services which are competent t o supervise immigration are indicated. I n accordance with the special character of immigration proper t o each country, t h e immigration services are attached t o one or other of the various State departments. I n t h e European countries, where immigration is mainly a medium to procure necessary labour, the Ministry of Labour or the Ministry of t h e Interior is in most cases the: competent authority. I n countries where immigrants are required more especially t o settle on virgin land, the organisation of immigration is bound u p with the question of land settlement and is regulated b y the Ministry of Agriculture. When the supervision of aliens has mainly a political aim, it is entrusted to the Ministry of Foreign Affairs. I n all cases, t h e nomenclature of the services is indicative of t h e work accomplished by them, e.g. Labour Service, Lands Department, Department for Settlement and Immigration, Colonisation Office, Supervision of Alieni?, etc. The administrative services connected with immigration include various bodies working in the interior of the country and abroad. Their primary function is t o supervise and select immigrants. These duties are carried out, as a rule, a t t h e frontiers of the country concerned, hence the installation of immigration officials in ports and frontier stations. They may, however, also be performed in the interior of the country, through the organisation of a system of registration cards or t h e renewal of such cards, hence t h e existence of central or local bodies entrusted with the supervision of immigrants. I n some cases the selection of immigrants is accomplished abroad a t the main points of departure of the more important emigration currents, this work being performed by accredited officials of the States interested. Special services with large staffs are sometimes appointed t o track out clandestine immigrants. I n many instances a twofold system of official agencies is set u p at home and abroad, to carry on propaganda and supply information. Special attention is devoted t o institutions of this kind in Chapter V ("Preliminary Assistance of the Immigrant"). Similarly, in addition to the central departments occupied with OFFICIAL DEPARTMENTS 147 the reception, approval, and rejection of demands relating t o the importation of labour, officials are sometimes appointed a t home and abroad to organise, officially or unofficially, t h e recruiting of immigrant workers, this task often being entrusted t o the consular agents. Like all other official intervention on foreign soil, the work of these services often raises k n o t t y problems. The lines on which recruiting is carried out are described in Chapter VI. Still other official institutions deal with t h e placing of t h e immigrant in employment and the provision of physical and moral assistance for immigrants on their arrival and during their stay in t h e country admitting them. Sometimes the work of these Departments even extends t o the assimilation of t h e immigrant. I n addition t o the executive services, some countries set u p advisory bodies consisting of experts in labour and immigration questions, and, sometimes, of representatives of the parties concerned, t h a t is to say, the employers, national workers, and, in certain rare cases, the more important immigration groups. These advisory committees are consulted in connection with the drafting of immigration legislation, the preparation of international agreements relating t o the recruiting of labour, and t h e introduction of important administrative changes in the immigration services. Sometimes the national legislation empowers certain officials of the administrative services to offer suggestions t o the competent authorities concerning any required changes or deficiencies which have come to their notice. The immigration services are often financed by an independent fund, the "Immigration F u n d " , which derives its income from special sources (entrance tax, t a x on employers and foreign labour, licences of transport companies, fines, sale of land for settlement, etc.), which in some cases include Government subsidies. I n other instances the cost of the immigration services is covered by the inclusion of special estimates in t h e national budget. I n describing the particular method adopted by the various countries in connection with the organisation of immigration, the subject m a t t e r is divided, where necessary, into the following three heads : Administrative Departments, Advisory Bodies, Immigration Fund. 148 IMMIGRATION SERVICES BRITISH MANDATED TERRITORIES : Palestine.—Administrative Departments. A Chief Immigration Officer is appointed by the High Commissioner to supervise the administration of the Immigration Ordinance, and immigration officers are appointed to perform any duty connected with the control of immigration. (Immigration Ordinance, No. 32 of 1925, section 2.) An immigration officer appointed by the Palestine Government is also attached to the British consular staff at Warsaw, the principal centre of emigration to Palestine. The Jewish Agency, which is recognised by the Palestine Government under the terms of the Mandate, maintains Palestine offices in the principal emigration centres in Europe for the purpose, inter alia, of registering and examining prospective emigrants to Palestine, and of distributing the permits allotted to the Agency by the Palestine Government. The selection of the Palestine offices is subject to the final approval of the British consular officer on the spot. The Jewish Agency also maintains offices in Palestine itself, which assist immigrants in complying with the formalities of disembarkation, place them in camps or hospitals, and a.rrange, if necessary, for them to be assisted with small loans for the purchase of tools or other similar purposes 1 . Tanganyika.—Administrative Departments. By the Immigration Ordinance, No. 16 of 1924 (section 3), the Governor is empowered to appoint any person to be the Principal Immigration Officer for the Territory, or an immigration officer at the port of entry. Subject to such an appointment, the officer in charge of the police at the port of entry, being of or above the rank of assistant inspector or the senior administrative officer at the port of entry shall be the immigration officer. Any police officer not below the rank of assistant inspector, and any administrative officer, may, if so authorised by an immigration officer and subject to his directions, act as an immigration officer. NEW ZEALAND MANDATED TERRITORY : Western Samoa.— Administrative Departments. The Chinese Commissioner, who is a n official of the Samoan administration, supervises the immigration of Chinese labourers into Samoa. He acts as the representative of the Government in guaranteeing continuous employment and specifying conditions of work to the labourer. He has to watch over the interests of the labourers, and in particular must take any reasonable steps to ensure that the labourer is not ill-treated by the employer, must investigate any complaint made by the labourer, and must see that justice is done. The Collector of Customs is entrusted with certain duties in connection with the admission of aliens to Western Samoa. (Chinese Free Labour Ordinance, No. of 10 1923 : Annex to the text of the Law, sections 1, 5, 6.) Immigration Fund. By the Agreement under which Chinese labourers work (section 4), published as a schedule to the Chinese Free Labour Ordinance, No. 10 of 1923, it is provided that the sum of sixpence shall be deducted from the wages of each labourer by the Commissioner to form a fund to be used for the charges of free medical attention for labourers in hospital or otherwise, the free maintenance of chronically sick labourers, the upkeep of the Chinese cemetery, and other benevolent purposes. ALBANIA.—The enforcement of the Legislative Decree of 20 March 1925, prohibiting the admission of alien workers, is entrusted to the Ministry 1 Report by His Britannic Majesty's Government to the Council of the League of Nations on the administration of Palestine for the years Î923 and 1925. Memorandum submitted by the Zionist Organisation to the Secretary-General of the League of Nations for the information of the Permanent Mandaten Commission, Oct. 1925 and June 1926. OFFICIAL DEPARTMENTS 149 of the Interior, the Ministry of Foreign Affairs, and the commanding officers of the armed forces and the police. (Decree quoted, section 8.) ARGENTINA.—Administrative Departments. Act No. 817 of 19 October 1876 created a General Immigration Department. This Department was subsequently transformed into the General Immigration Office, immediately dependent upon the Ministry of Agriculture. The duty of the Office is to encourage immigration and distribute immigrants in the most suitable way. For this purpose it has to keep in touch with all the immigration agents of the Republic abroad, and with all the committees and authorities which are concerned with the question of immigration, in particular with the Office of Lands and Colonies, in such a way as to co-operate in the work of colonisation. It has to promote respectable and active immigration and devise suitable means for stopping the current of undesirable or useless immigration. It inspects immigrant ships and insists upon the strict carrying out of the laws relating to the sleeping accommodation, food, hygiene, safety, and convenience of immigrants on board. It intervenes at the time of the immigrants' disembarkation, supervises the transportation contracts in accordance with the instructions of the executive authorities, and receives from the captains of immigrant ships the lists of immigrants and all other papers which are considered to be necessary. It assists in finding employment for immigrants through the medium of the employment exchanges, and it sends towards the interior of the country those immigrants who desire to go there. I t facilitates legal action on the part of the immigrants with reference to any question relating to immigration, prepares the budget and accounts of the immigration services, and administers the Immigration Fund. I t also has to keep a register in which is inscribed in chronological order the arrival of each immigrant, together with all details judged necessary by the law, and to prepare the annual report of the number of immigrants who arrive, their quality, their occupation, their origin, etc. The Act of 1876 also set up a Central Office of Lands and Colonies, which has been converted into the General Office of Lands and is attached to the Ministry of Agriculture, but enjoys considerable autonomy. Its functions are at present governed by the Regulations of 19 January 1927, which codify the provisions in force. Its duty is to deal with all matters connected with the administration of Treasury lands and the colonisation of national territory. For this purpose the Office is required to draw up plans for the colonisation of State lands, to supply the immigration committees and agents with all necessary information concerning the situation and the conditions governing the cessions of lands for colonisation, to arrange the sale and lease of national lands, to give land concessions and issue permits for the temporary occupation of public lands, and, finally, to see to the enforcement of all private agreements connected with colonisation. The General Office of Lands therefore works in close contact with the Immigration Office in all matters connected with thé establishment of immigrants on the land. For the purposes of foreign propaganda the executive authorities may, in accordance with the Act of 1876, appoint special agents in suitable places in Europe and in America, with a view to encouraging emigration to Argentina, and to control and direct such emigration. At the present time there are no special agents. The authorities may also appoint immigration committees subordinate to the Central Office in all the provincial capitals and ports of disembarkation. The immigration authorities own a large immigrants' hostel in Buenos Ayres, which is situated close to the port disembarkation offices. New arrivals are lodged in these premises free of charge during the first few days following their arrival. This hostel is in direct communication with the State, Employment, Land Settlement and Exchange Offices. Immigration Fund. The Act of 1876 provided for the creation of a general 150 IMMIGRATION SERVICES Immigration Fund, which is placed under the control of the Immigration Office, and draws its income from the following resources : (a) Credits voted specially for the Fund in the Budget Act ; (b) Money transmitted by the: General Office of Lands ; (c) Fines which are imposed as a result of the immigration laws ; (d) All sums of money payable by immigrants. These moneys were to be used to cover the cost incurred by the supervision of immigration. But in virtue of the Budget Act, these moneys are now paid into the State funds, which meet, according to annual estimates, the various expenses connected with immigration (upkeep of immigrants' hostels, transport of new arrivals to the place where they desire to settle, etc.). • The same Act provides for the foundation of special Funds in the provincial Immigration Offices, defines the resources of such funds, and lays down rules for their management (sections 57-60); these offices and funds have, however, not yet been set up. AUSTRALIA.—Administrative Departments. In 1920 an arrangement was arrived a t between the Commonwealth and State Governments, under which the Commonwealth is responsible for the recruiting of immigrants abroad and for their transport to Australia, while the State Governments advise the Commonwealth as to the numbers and classes of immigrants which they are prepared to receive. Briefly stated, the Commonwealth selects the immigrant according to the requirements of the State concerned, and brings him to Australia, and on his arrival the State Government assumes responsibility for placing him in employment or upon the land. Incidentally, the Commonwealth undertakes all publicity and propaganda in connection with the encouragement of immigration 1 . Under the Immigration Act, 1901-1925, the Governor-General is empowered to establish Commonwealth medical bureaux a t such, places outside the Commonwealth as he thinks lit (section 3, A, (1)). He is also empowered to appoint officers for carrying out the Act (section 15). Generally speaking, the duty of carrying out the Immigration Act is entrusted to the Migration Office and the Department of Customs (sections 3, E , (1), and 10, (1)). I n each of the States there is an Immigration Office attached to one of the Government departments, and there is also a Land Department under the direction of a responsible Cabinet Minister, who is charged generally with the administration of the Acts relating to the alienation, occupation, and management of Crown lands. (See Chapter X I , § 2.) Advisory Bodies. By an Act of July 1926, a Federal Development and Migration Commission was set up. The functions of this Commission are : (1) To consider matters in relation to the development of the resources of the Commonwealth; (2) To investigate the conditions and development of existing industries and the possibility of establishing new industries in Australia ; (3) To conduct negotiations for the establishment of new industries in the Commonwealth ami the development of existing industries therein ; (4) To report and recommend to the Commonwealth Government upon matters included in (1) to (3); (5) To examine and investigate any undertaking or scheme proposed to be carried out under the Migration Agreement between the British and Australian Governments, and to report to the Commonwealth on the merits of any such undertaking or scheme; 1 Official Year Book of the Commonwealth of Australia, 1926, No. 19, p . 894. 151 OFFICIAL DEPARTMENTS (6) To submit on its own account, any undertaking or scheme in relation to overseas settlement which appears to be to the advantage of Australia ; (7) To control the whole of the Commonwealth migration staff; and (8) To carry out other functions as may be prescribed. This Commission has control of the Migration Office, and deals with the whole question of migration on behalf of the Commonwealth *, AUSTRIA.—Administrative Departments. According to Act No. 277 of 21 July 1925 on the administrative organisation of the Austrian Republic, the Chancellery of the Austrian Federation (Bundeskanzleramt), to which the Migration Office (Wanderungsamt) is attached, is responsible for all matters connected with immigration and ^emigration; the Migration Office is especially entrusted, in virtue of the Act of 19 December 1925, with regulating the immigration of alien workers in accordance with the economic requirements of the country, and with delivering, except in special cases, permits to employ alien workers. BELGIUM.—Administrative Departments. There is no special Immigration Department in Belgium. The general question of alien immigration comes under the jurisdiction of the Ministries of Foreign Affairs, Justice, and Labour. The Ministry of Labour is specially competent to deal with matters connected with workers' immigration, and it is this Department which concludes with foreign authorities all agreements relating to alien labour. Various other Departments are also concerned in Belgium with immigration questions. According to the Act of 12 February 1897, the Cabinet may order the expulsion of any alien who disturbs public order, or who is charged abroad with an offence justifying extradition. The communal administrations are entitled to register declarations of residence made by aliens (Royal Decree of 14 July 1856), these bodies also being empowered to issue permission to reside in Belgium on the strength of such declarations. Other bodies co-operating in the question of alien workers include the Belgian Trade Union Committee and the Emergency Fund, the latter institution drawing up statistics relating to the recruiting and placing in employment of alien workers in Belgium. Mention must also be made of the important part played by the Belgian labour exchanges in questions of workers' immigration. These bodies organise the recruiting and placing in employment of alien labour, centralise the supervision of workers' immigration in Belgium, and draw up the relevant statistics. Advisory Bodies. A Royal Order of 1 December 1924 set up a National Committee on Production, of which the Industrial Section was entrusted with the study of questions connected with alien labour and the carrying out of the necessary enquiries with the industrial employers. An Interdepartmental Committee was set up at the beginning of 1925 by the Ministries of Foreign Affairs, Justice, Industry, and Labour, with a view to revising the alien regulations. The Belgian labour exchanges are also consulted with a view to ascertaining whether the applications to import alien labour or permission to reside in the country can be granted without inconvenience resulting for the home labour market. BOLIVIA.—Administrative Departments. The Labour Office, which was set up in 1907 in the Ministry of Colonies and Agriculture, was subsequently replaced by the Immigration Office attached to the Ministry of Colonisation. This Office has the sole charge of all matters relating to 1 G R E A T B R I T A I N , I M P E R I A L C O N F E R E N C E , 1926 : Appendices tothe Summary of Proceedings 152 IMMIGRATION SERVICES immigration. I t receives and places immigrants in agriculture and industry, and gives them every assistance until they are settled. I t registers immigrants and keeps a record of lands allotted to settlers. Persons wishing to engage immigrants or to have them brought from Europe must apply to the Office. Immigration committees have been formed in the chief town of each department to co-operate with the Immigration Office in placing and settling immigrants. The task of carrying on propaganda abroad in favour of emigration to Bolivia and of disseminating relevant information is entrusted to the consular agents; the consular agencies in Hamburg, Vienna, Antwerp, Barcelona, Paris, Bordeaux, Le Havre, Marseilles, Lyons, London, Liverpool, Genoa, Naples, Rome, Turin, Milan, Lisbon, Stockholm, Berne, and Geneva are organised as migration information offices, act as direct agents for the Bolivian Government in the engagement of immigrants, and arrange special travelling conditions for such immigrants. Immigration Fund. The funds earmarked for the development of immigration are administered by the Immigration Office ; these funds are provided for by the State Budget, and are used to cover the cost of publicity, the administrative expenses of the Labour Office and the Immigration Offices in Europe, and the charges of the shipping companies for the transport of immigrants. (Act of 20 January 1927, sections 14,15, 20-23, 27, and 28.) BRAZIL.—The organisation of the immigration services is very decentralised in Brazil, as the various States belonging to the Brazilian Union enjoy wide independence, if not in the regulation of immigration, at least in all t h a t concerns the settlement of immigrants. The federal immigration departments are described below. Administrative Departments. The enforcement of the federal laws on immigration and settlement was formerly entrusted to the Land Settlement Office, which was transformed, by the Decree of 31 December 1924, into the General Directorate of Settlement, and attached to the Ministry of Agriculture, Industry and Commerce. The Directorate has established an Immigration Commissariat in the port of Rio de Janeiro, and immigration inspectorates in the other ports and frontier stations through which immigration is sanctioned. These services supervise and control immigrants in co-operation with the National Public Health Department in so far as sanitary conditions are concerned. The disembarkation and inspection services of Ilha das Flores (port of Rio de Janeiro) include an Identity Section composed of federal police officers. The General Directorate is the competent authority for the issue to private undertakings of permits to introduce immigrants into Brazil. The General Directorate possesses its own immigrants' hostels and information offices provided with interpreters. It is responsible for the reception and transportation of immigrants to their place of work, and sets up settlement centres (Núcleos Coloniaes) in the different districts. The federal immigration services work in co-operation with the various services of the States of the Union and the local authorities in charge of immigration 1 . (Decrees of 31 December 1924 and 25 May 1925; and Instructions of 30 J u n e 1925.) Advisory Bodies. I n each of the principal towns a municipal committee (junta municipal) of the General Directorate of Land Settlement is set up, consisting of three members chosen by the director of the land settlement, service from among competent persons and agricultural employers (Lavradores). The municipal committees advise the General Directorate of Land Settlement on matters connected with agricultural labour, inspect settle1 Coiomrmication of the Brazilian Government to the Internationa] Labour Onice, 1921. OFFICIAL DEPARTMENTS 153 ment centres and report on their condition, transmit offers of employment to the Federal Immigration Commissariat in Rio de Janeiro, intervene in all disputes between employers and workers regarding the enforcement of agreements, etc. Their functions are honorary. As regards the provincial departments, the most important are those belonging to the following five States of the Union and described below. State of Sao Paolo.—-Administrative Departments. Two Acts published in the Official Gazette of 19 January 1927 provide for the reorganisation of the State immigration departments, which are responsible to the Ministry of Agriculture, Commerce, and Public Works. One of the departments of this Ministry, the Directorate of Lands, Mines and Settlement, is entrusted with the organisation of national settlements, their allotment and concession, the issue of titles to property, the compilation of statistics concerning settlement centres, and the keeping of books showing what land is available for settlement and what already conceded. The same department also supplies all information concerning the land settlement services, and has drawn up plans for the foundation of settlement centres. It supervises private settlement, to which the State grants certain advantages, as well as the settlement carried out by intermediaries in the name of the State. The same Acts provided for the foundation of two commercial offices in Brussels and Washington, to act as information centres. The working of these offices is described in Chapter V. An institution set up under the name of the "Patronato Agricola", an association for the protection of agricultural workers' interests, supervises the enforcement of contracts of employment concluded, and controls the activity of the agencies and sub-agencies of the shipping companies transporting emigrants and the official Exchange Agency put at their disposal, Further, a Central Employment Office (Agenda oficial de Colocaçao), dependent on the Labour Department, is required to facilitate the placing in employment of workers in general and immigrants in particular in the various activities of the country, as settlers, agricultural and industrial workers, etc. State of Minas Geraes.—Administrative Departments. According to the rules of the Immigration and Land Settlement Services, which were promulgated by Decree No. 69 of 24 September 1925, the supervision of immigration organisation is carried out by the Inspector of State Land Settlement and other officials appointed for this purposes by the Ministry of Agriculture (section 2). The Land Settlement Inspector acts as executive officer for the Directorate of Agriculture in all matters connected with the regulation of immigration, such as the organisation of settlement centres (núcleos), the supervision of contracts of employment, living conditions of settlers, etc. He is required to make a detailed annual report on the working of his department (section 145). The Land Settlement Inspector is assisted in the work of forming settlement centres by a committee organised by him in each centre ; the members of these committees are appointed by the Ministry of Agriculture and include an agricultural engineer and the technical experts required for the organisation of the settlement centres (sections 142, 143, and 65 and 76). Once these centres are formed, they are managed by administrators chosen from among competent agriculturists and appointed by the Ministry of Agriculture. State of Bahia.—Administrative Departments. Act No. 1729 of 23 August 1924 provides for the creation of services to control immigration and land settlement, the organisation of which was described in Administrative Regulations issued on 4 January 1926. All departments dealing with immigration and State land settlement are responsible to the Ministry of Agriculture, Industry, Commerce, Communications and Public Works, through the intermediary of the General Directorate of Lands, Mines, 154 IMMIGRATION SERVICES Settlement and Immigration, which deals with all matters concerning the maintenance of immigrants and their reception, their employment in the country, and their establishment on national lands as settlers (section 1). The General Directorate of Lands carries out the functions enumerated in Part III of the said Regulations. It has under its direct orders the Inspectorate of Immigration and Settlement (Part V of the Regulations) and the immigrant hostels (Part VI). The inspectors of the Agricultural and Meteorological Service, the committees for research work and the foundation of settlement centres, and the administrations of these centres co-operate with the General Directorate of Lands. Immigration Fund, The immigration and land settlement services derive their income from the State Budget and various other resources (payments made by settlers taking; up allotments, special income, repayment on advances made to settlers, interest on loans granted to the communes, caution money and fines imposed in connection with contracts of employment, contributions of the Union, etc.), which are mentioned in detail in section 4 of the said Administrative Regulations. State of Pernambuco.—The Act of 9 April 1924 provided for the foundation of an Office of Labour and Immigration, which, so far as immigration is concerned, is required to act in direct co-operation with the authorities of the Federal Directorate of Land Settlement. Its main functions are to send workers to their destinations on the land after agreement with the employers concerned, to acquire and to sell small allotments to settlers according to a system of deferred payments, and to set up settlement centres. Provision is also made for the creation of an immigrants' hostel. Immigration Fund.—In order to provide the State with the necessary funds to cover expenditure in connection with immigration, the Act of 9 April 1924 provides for the introduction of a supplementary tax, which will increase State taxes by 0.5 per cent. ' Rio de Janeiro.—Decree No. 2190 of 24 August 1926 established at Nichtero a Land Settlement Service attached to the Ministry of Agriculture, to deal with the introduction of immigrants in rural districts and all matters connected with the cession of land to agricultural settlers. The enforcement of the regulations relating to land settlement is under the supervision of the Director of the Agricultural Services and his agents. Immigration services have been recently created, or are being created, in the other Brazilian States : Rio Grande do Sul, Parana, Para, Santa Catharina, Amazon, etc. BULGARIA.—According to the Act of 5 May 1925 relating to employment exchanges and unemployment insurance, the administrative authorities of the Factory Inspection Services exercise a twofold control on the employment of alien workers, for which regulations are laid down by the same Act. CANADA.—Administrative Departments. By the British North America Act the Dominion Government is empowered to legislate in the field of immigration, and the Federal Government is therefore responsible for the control of immigration to any pa,rt of Canada. The administration of the law is entrusted to the Department of Immigration and Colonisation, at the head of which is a Minister. This Department is divided into branches dealing with land settlement (see Chapter XL, § 2), immigration of women (see Chapter X I , § 1), juvenile immigration, Oriental immigration, exhibitions, statistics, publicity, and inspectional service. There are commissioners for immigration at Ottawa (for Eastern Canada), Winnipeg (for the prairie provinces), and Vancouver (for the Pacific territory). The Minister is empowered by the Immigration Act of 1910-1924 to establish and maintain immigration offices within and outside Canada as OFFICIAL DEPARTMENTS 155 he sees fit (section 6). He may nominate at a port of entry any number of officers to act as Boards of Enquiry, any three officers so nominated constituting a Board of Enquiry. Such a board has the authority to determine whether an immigrant, passenger or other person shall be allowed to enter or remain in Canada, or whether he shall be rejected and deported (sections 13-14). If, a t a port of entry, there is no immigration officer available for duty, the chief customs officer, or such sub-officers as he shall designate, shall be ex officio an immigration officer (section 8). The provinces also have departments dealing with immigration and land settlement. CHILE.—A Decree of 14 October 1907 reorganised the General Inspectorate for Lands and Land Settlement set up in virtue of Decree No. 1211 of 24 June 1905 on free immigration, the title being changed to the General Inspectorate of Land Settlement and Immigration. Since that date the Inspectorate has been entrusted with the enforcement oí the immigration laws and regulations and with propaganda for the development of immigration. An Agency-General for Immigration has been established in Europe. Legislative Decree No. 601, of 16 October 1925, separated from the former Office of Lands, Forestry and Fisheries, the services connected with land settlement and transferred them into a General Directorate of Land Settlement and Immigration, directly subordinate to the Minister of Agriculture, Industry and Land Settlement. The new department is entrusted with all matters connected with the surveying of public lands, their sale, and lease or free concession to national and alien settlers, in accordance with the laws and regulations relating to land settlement. COLOMBIA.—Administrative Departments. In virtue of Act No. 114 of 30 December 1922, the Information and Propaganda Office of the Ministry of Agriculture and Commerce deals, according to the laws and regulations on the matter, with all questions concerning immigration in and outside the country. This Office maintains direct contact with the immigration agencies abroad on the one hand and with the immigration committees in the country itself on the other. It is required to keep immigration statistics and to indicate the districts suitable for the establishment of rural immigration centres. Immigration offices are established in all the Colombian ports and frontier stations through which immigration is authorised. These offices include the competent political officer, the customs supervisor, the medical officer, the captain of the port, and a secretary registrar appointed by the Ministry of Agriculture and Commerce. The executive authorities may set up immigration committees in the more important provincial towns to supervise the settlement of immigrants and their transportation from the coast to their destination. These committees are required to examine the identity papers of immigrants, to supply immigrants with information regarding their settlement, to receive and lodge immigrants during the first few days following their arrival, to place them in the industries of the country, and to organise societies for the protection of immigrants. Abroad, the consuls, vice-consuls, consular agents, and chiefs and deputy chiefs of the Information Office of Colombia act as immigration agents. These officials are-consequently required to disseminate information regarding the possibilities of settlement in Colombia, the commercial and industrial situation of the country, and the conditions and rights afforded to immigrants under the Constitution. Their services must be rendered to immigrants free of charge. Chiefs of legation and consular inspectors supervise the activities of these Various officials (sections 5 to 8). Shortly after the promulgation of Act No. 114, and in virtue thereof, 156 IMMIGRATION SERVICES immigration offices were opened in New York, London, Barcelona, and Hamburg '. Immigration Fund. The annual State budget includes an estimate of 100,000 pesos to cover the various expenditure incurred in connection with immigration and land settlement, which includes cost of surveying settlement zones, cost of lodging, transporting and protecting immigrants, interest on loans raised to organise rural settlement, etc. (section 18). CUBA.—Administrative Departments. The Department of Agriculture, Commerce and Labour comprises a section for immigration, land settlement and labour. Regulations issued on 20 August 1910, for the enforcement of the Immigration Act of 1906, entrusted this section with the following functions : (a) Administration of land settlement; (b) Preparation of agreements with land settlement undertakings and with individuals having an interest in the immigration of settlers ; (c) Intervention in all matters affecting immigration offices and officials established abroad ; (d) Proposal of measures for the encouragement of immigration, the administration of State settlements, and the protection of settlers and their families; (e) Enforcement of the Regulations issued by the Secretary of State for Agriculture, Commerce and Labour concerning the activity of the section ; (f) Collection and custody of all documents, contracts, plans, valuations, etc., relating to the settlement lands and the agreements concluded abroad or at home with the immigrants and the immigration undertakings. A special delegate in Europe for immigration and land'settlement was appointed under the above Regulations. This post was enlarged, by the Act of 17 February 1925, to include the duties of the special immigration delegates for Europe and America, and the holder, who is not obliged to live in Europe, bears the title of "Superior Delegate for Immigration and Settlement". He is assisted by an agent called the Assistant Delegate for Immigration in Europe who performs all work to be done in Europe, and is required more especially : (a) to encourage immigration into Cuba in accordance with the instructions of the Superior Delegate; (b) to establish information offices; (c) to study immigration questions and family immigration in particular, and to make reports to the Superior Delegate and the Ministry of Agriculture. The work of this official is carried out in co-operation with the diplomatic and consular officials of the Cuban Republic. In addition to the above-mentioned departments, a special service was set up in the Ministry of the Interior by Decree No. 573 of 27 April 1926, to supervise the immigration of Chinese labour belonging to classes admitted exceptionally for a definite period or whose admission is sanctioned by the immigration services. This body is required to note the number of Chinese belonging to such classes who are temporarily admitted or leave Cuba, and to draw up residential certificates which are remitted to the persons concerned by the immigration services. Immigration Fund. The expenses of the immigration services and the cost of developing immigration are covered by a special item in the State Budget. DANZIG (FREE CITY OF) .—Administrative Departments. The regulation of immigration of alien workers falls within the competence of 1 Cf. Bulletin of the Pan-American Union, May 1923, No. 503. OFFICIAL DEPARTMENTS 157 the Senate, which, in virtue of an Order issued on 10 January 1927, is empowered to issue permits for the employment of alien workers. The communal officials are responsible for the enforcement of the permits, especially as regards the departure of alien workers on the expiry of their permits. Advisory Bodies. The Order of 10 January 1927 relating to the employment of alien workers states that a committee shall be formed in each district (Landkreise) to advise the Senate regarding applications to employ alien labour submitted by the agricultural employers. Each committee will be composed of the district council (Landrat) reinforced by three agricultural employers and three agricultural workers acting as assessors. The committees may not sit unless at least one employer and one worker are present. DENMARK.—Administrative Departments. . The enforcement of the provisions of the Act of 1912 concerning the protection of immigrants is supervised in accordance with the instructions of the Minister of the Interior as far as possible by the police or, if necessary, in certain districts, by the factory inspectors. Inspectors and the police and medical authorities can enter any establishment where aliens are employed or are in residence. The issue of permits to employ alien workers, required by the Act of 31 March 1926, and all decisions regarding the maintenance in the country or the expulsion of aliens, are left to the Ministry of Justice. Immigration Fund. The expenses for journeys, transport, interpreters, etc., incurred in consequence of the inspection of immigrant workers, are covered by the annual Finance Act. ECUADOR.—Administrative Departments. The Ministry of Immigration and Land Settlement is the competent authority for all questions connected with organisation of territories to receive immigration, the concession of territories in agricultural districts, and the conclusion of agreements for settlers. By the Decree of 8 January 1927, a section for immigration and the colonisation of the free lands of the East and of the Archipelago of Colon was set u p in the Ministry of Social Welfare and Labour. This section is responsible for the study of all questions connected with immigration, and for the transaction of all matters coming under its jurisdiction, in accordance with the instructions issued by the Ministry of Social Welfare and Labour. I t consists of a chief of section and eleven subordinate officials of different grades who carry out the various duties of the section. Immigration Fund. The cost of the immigration services and the development of land settlement are covered by the budget of the Ministry of Social Welfare and Labour. (Decree of 30 December 1926, section 6.) FINLAND.—According to a Decree published on 23 November 1926 (section 21), the regulation of immigration by the issue and the refusal of labour permits to emigrants falls within the competence of the Ministry of Social Affairs. FRANCE.—Administrative Departments. The immigration services consist of several distinct departments attached to various Ministries. In 1927 this complex organisation included : a Foreign Labour Department attached to the Ministry of Labour and dealing more particularly with the admission into France of alien industrial workers ; an Agricultural Labour and Immigration Department attached to the Ministry of Agriculture and concerned exclusively with the immigration of agricultural workers; a General Department for the supervision of aliens, dependent on the Ministry of the Interior (General Security and Police Section) ; a Naturalisation Department, subordinate to the Ministry of Justice. The first two 158 IMMIGRATION SERVICES departments being of particular interest to our study, they are described below in detail. (a) Foreign Labour Department. In 1916 a department was created at the Ministry of Munitions, charged with supervising the recruiting of alien labour and the conditions of work affecting such workers. In view of the connection existing between, the work of the new office and the general organisation of labour, the department was transferred in October 1917 to the Ministry of Labour, to which it is now attached. This department is managed by a central service situated in Paris, which is entrusted with the co-ordination of the different services at home and abroad, the technical correspondence with foreign Powers and negotiations with foreign diplomatic and consular authorities in France, and the reception, approval, and transmission of collective applications for labour. An employment office for alien workers has also been attached to it. The Foreign Labour Department also includes depots and frontier inspection stations for the reception, supervision, and despatch of alien workers to their destination. The depots, of which there are four (Toul, Marseilles, Perpignon, and Hendaye), have the necessary facilities to house the workers during the time required for the accomplishment of the administrative formalities, and, subsequently, to find situations for those arriving without a contract of employment. The frontier inspection stations work in a somewhat similar manner as regards the selection and placing of new arrivals, but their scope is more restricted. Such stations have been organised at Feignies and Jeumont in the north, and at Modane, Vintimiglia and Mentone in the south. At the depots and frontier stations the officials of the Ministry of Labour have the assistance of a representative of the Ministry of Agriculture, who verifies the situation of agricultural workers, a representative of the General Security Department of the Ministry of the Interior, and a doctor of the Public Health Services in connection with medical supervision. The Foreign Labour Department also has a number of inland control stations, which as a rule are attached to the district employment offices. Such services exist at present in Lyons, Toulouse, Nantes, Lille, Bordeaux, and Metz. These services verify the position of alien workers in France and their officials carry out tours of inspection to examine the conditions of labour of alien workers employed in the various undertakings, to note complaints, and also to collect information on the local effect of the presence of alien workers employed in the districts. An agency attached to each frontier station takes the necessary steps to find employment for unemployed alien labourers. The Department also has a number of branches established abroad. It maintains in various foreign countries, with which France has labour agreements, missions which are sometimes entrusted with forwarding demands for employment to the competent authorities and sometimes with verifying the action taken on such applications, and the organising of vocational and medical selection of the recruited immigrants. (b) Agricultural Labour and Immigration Department. Constituted by the Acts of 6 and 18 October 1919 and subsequently reorganised by the Decrees of 4 February 1922 and 12 November 1922, this Department is now known by the name of the Agricultural Labour and Immigration Department, in accordance with the Decree of 2 March 1927. I t is empowered to deal with all questions connected with the immigration of agricultural workers. Its main offices are situated in Paris at the Agricultural Directorate, and it has officials attached to the depots and frontier inspection stations. The Alien Labour Services of the Ministries of Labour and Agriculture co-operate with the Central Employment Office of the Ministry of Labour and with the regional, departmental and local employment offices, on all matters connected with the placing in employment of alien workers (see Chapter VI, § 4 : Placing Workers in Employment). OFFICIAL DEPARTMENTS 159 Further, a Ministerial Order of 12 December 1923 provides for the foundation of a service for the supervision and assistance in France of native workers from French colonies, this service assuming the protection of French subjects or dependants coming from the French oversea possessions. I t collects data and centralises all available information on the moral and physical situation of the natives, and acts as an intermediary between the Colonial Administrations and the home department concerned in all matters relating to persons coming under its jurisdiction. The cost of its upkeep is covered by the budgets of the Colonies of Indo-China, French West Africa and Madagascar, all of which have seconded officials of their own administrations to this service. Advisory Bodies. By a Decree of 18 January 1920, a Permanent InterDepartmental Immigration Committee was set up. This mission was charged : (a) with the preparation of treaties and conventions relating to immigration and the supervision of their general enforcement ; (b) with the establishment, after consultation with the National Employment Council, of co-ordination in the work of the various Ministries dealing with foreign workers. This Committee is established at the Ministry of Foreign Affairs. I t consists of directors from the various Ministries interested in the question of immigration, and of a professor of the Faculty of Law. One of the members of the Committee is nominated by the Minister for Foreign Affairs to act as Permanent General Secretary. I t is his duty to maintain relations with accredited diplomatic and consular agencies in France in all matters connected with alien labour. Frequent conferences among the Ministries concerned, and particularly the above-mentioned Committee, determine periodically the requirements with regard to alien labour and the measures which may be adopted with a view to facilitating and regulating its introduction. In 1920, the National Employment Council was founded by a Decree issued on 3 February. Reorganised subsequently by the Decree of 7 April 1925, this Council is at present directly responsible to the Prime Minister. Presided over by the Prime Minister, or in his absence by the Minister of Labour, the National Employment Council includes an equal number of representatives of Parliament, representatives of the Ministries interested, and representatives of the industrial and agricultural employers and workers. Attached to it in an advisory capacity are the representatives of the Administrative Immigration Departments (the foreign labour services of the Ministry of Labour and the Ministry of Agriculture), the public employment offices and the Permanent Inter-Departmental Immigration Committee. The Council is required to give its opinion on all matters concerning the stability of the national labour market and on all matters calculated to regulate and control the recruiting, introduction and conditions of engagement of colonial and alien labour. Colonies.—Administrative Departments. The Decree of 27 March 1852, which covers Madagascar, Guadeloupe, French Guiana, and Reunion, and which is still the fundamental enactment relating to the organisation of immigration into the colonies, stipulates that the Governor of each colony shall nominate a special commissioner to supervise the introduction of immigrants and the conclusion of their contracts of employment with the settlers. Subsequent legislation, which defines the provisions of this Decree and extends them with certain modifications to other colonies, set up an organisation as described below for the French Colonies as a whole. The supervision and the protection of immigrants (i.e. alien persons belonging to the coloured races) are entrusted to a special service dependent either on the Governor or on the Director of the Interior. The chief of this 160 IMMIGRATION SERVICES service is called the Immigration Commissioner (Madagascar, Establishments in Oceania), or sometimes the Director of Immigrants (Guiana, Guadeloupe, Reunion) ; this official is assisted in the various districts of the colony by inspectors and assistant immigration commissioners or assistant inspectors, and by the municipal officials. The officials of all grades of the immigration services rank as police officers and are empowered to prosecute persons guilty of infringement and contravention of the immigration laws. The immigration officials supervise the disembarkation of immigrants, conditions of work affecting them, and the enforcement of contracts of employment. They help immigrants in all difficulties which the latter may encounter and take the necessary steps to ensure their repatriation by the employer. As a rule the immigration commissioners submit regular reports to the GovernorGeneral on the result of their inspections and on the working of their services. These reports are transmitted annually to the French Colonial Office. Special agents, chosen among the officials of the colony, may also be sent to countries where recruiting takes place to supervise all such operations. (Decree of 27 March 1852, section 8; Decree of 6 May 1903 for Madagascar, section 11 ; and Decree of 24 February 1920 for the Establishments in Oceania.) In Indo-China (Cochin-China and Cambodia), the Immigration Service set up by the Order of 16 October 1906 was reorganised by order of the Governor-General on 20 J u n e 1921. The chiefs of the Immigration Service are placed under the direct authority of the chief local administrative officers in Cochin-China and Cambodia ; they are aided by assistants consisting partly of Europeans, partly of French native subjects and partly of foreign Asiatics chosen preferably from among the classes most represented among the immigrants. The supervision of immigrants is ensured conjointly by the immigration service, the recognised Asiatic groups (congregations)1, and the Public Security Service (section for the control of Asiatics and immigrants), t o which certain functions previously carried out by the immigration services were transferred by the Decree of 20 June 1921, e.g. identity investigations. It should be pointed out t h a t in order to develop French immigration to their territories, certain protectorates (Morocco, Tunis) maintain information offices in Paris. I n French North Africa, especially in Algeria and Tunis, the employment offices also regulate French and alien immigration. Advisory Bodies. I n virtue of an Order issued on 24 July 1924 a committee was appointed in the French Establishments in Oceania to deal with all questions connected with the importation into the Colony of IndoChinese labour. In organising the first convoy, this Committee was required to get into touch with settlers, traders, industrial employers, and other persons wishing to obtain such la.bour. Immigration Fund. The expenditure and the income of the immigration services is generally shown separately in the budget of each colony. The most important part of the income generally consists of the annual capitation fee paid by the employers for all persons in their service, the proceeds of this t a x being earmarked to cover the cost of the immigration services and the cost of medical inspections. GERMANY.—Administrative Departments. A number of departments are concerned in Germany with the questions relating to immigration. In the first place, the general regulation of the matter—recruiting, settling, and employment of alien workers—comes under the competence of the 1 See Chapter III, § 1, (d), ("Conditions of Race and Nationality"), and Chapter XI, § 5 ("Registration"), lor a description of the organisation of immigrant groups in several French colonies. OFFICIAL DEPARTMENTS 161 Federal Ministry of Labour, but this Ministry is required to consult the Executive Committee of the Federal Institute for Employment Exchanges and Unemployment Insurance (Reichsanstalt für Arbeitsvermittlung und Arbeitslosenversicherun) ; furthermore, the consent of the Federal Council must be obtained (section 67, (2), of the Act of 16 July 1927). The Federal Institute for Employment Exchanges and Unemployment Insurance was set up by the Act of 16 July 1927 to replace the former Federal Labour Administration (Reichsarbeitsverwaltung), of which one of the organs was the Federal Employment Office. As a federal department for the management and co-ordination of employment and unemployment insurance, the functions of the Institute are very varied. As regards alien workers, it is the competent authority for their recruiting, placing, and employment, and the Federal Ministry of Labour must consult its Executive Committee each time that such matters form the subject of regulations. The Institute also includes a Joint Agricultural Committee, which is consulted by the Minister when the annual quota of agricultural workers for admission to the country is being fixed. The local Labour Offices (Arbeitsämter) deal with immigration in so much as they are entrusted with examining (sections 11 and 12 of the Ordinance of 2 January 1923) applications for authorisation to employ alien workers. This remark also applies to the Labour Offices of the different States (Landes-Arbeitsämter), with whom rests the final word concerning the grant or refusal of the permits in question. (For formalities in connection with the issue of permits and the special departments concerned, see Chapter VI, § 1.) The German Central Office for Workers (Deutsche Arbeiterzentrale) is a semi-official body charged with recruiting abroad agricultural labour whose employment has been authorised by the Labour Offices of the States, and with the registration (Legitimierung) of alien workers in general. The main duties of this institution, which was set up in 1905 under the name of the German Central Office of Agricultural Workers (Deutsche Feldarbeiterzentralstelle) by the Prussian chambers of agriculture, were to centralise the recruiting of alien labour, and, secondly, to prevent the then frequently occurring breaches of contract by means of a system of individual registration of workers, which brought all persons changing employment to the notice of the authorities. I n 1911 it took its present name, which was better suited to its work, extending as it did to industrial as well as agricultural recruiting. At present it rarely co-operates in the recruiting of industrial workers, and the Federal Order of 19 October 1922, section 1, which was extended for a further period on 20 September 1927, gave it the monopoly to recruit agricultural workers. As regards the registration (Legitimierung) of alien workers, the Prussian Government had already entrusted it on 21 December 1907, with all such work in connection with workers coming from Russia, Austria-Hungary, and Eastern countries. Subsequently a number of other German States adopted this system of registration through the Central Office. At the present time, in virtue of the Federal Order of 2 January 1923 on the engagement and employment of alien workers, no alien worker, agricultural or otherwise, may be recruited for work in Germany without having first obtained the registration card of the Central Office. Passports and safe conducts (Reiseausweis) are only valid for the first engagement, and on condition that the worker registers within one month after arrival. Nevertheless, registration is not compulsory in all the States (see Chapter X I , §4). The rules of the German Central Office for Workers were amended m 1922 (officially approved on 6 J u n e 1922), the date on which the Office became a joint body. G R E A T BRITAIN.—Administrative Departments. The application of the laws relating to the landing of aliens in Great Britain is entrusted to 11 162 IMMIGRATION SERVICES the Home Secretary, who has a staff of immigration officers at the different ports. Colonies.—Administrative Departments. The appointment of officers to administer the immigration law is generally in the hands of the administrative authority of the colony. In the colonies where immigration is largely made up of foreign labourers, the officers thus appointed have considerable powers for the protection of immigrants against the abuses of agents, transport companies and employers. The duties of these officers include the examination of immigrants on arrival, their registration, the inspection of places where they are employed, the regulation of conditions of work, the hearing of complaints, and the administration of the Acts relating to immigrant labour. Moreover, in the Federated Malay States and the Straits Settlements, the Superintendent of Netherlands Indian Immigrants supervises the execution of contracts of service. The Protector of Immigrants has similar powers in Jamaica. ; In British Guiana the Immigration Agent-General has charge of any orphan child of an immigrant, and the Protector of Immigrants in Mauritius has the same responsibility. Advisory Bodies. An Immigration Committee is appointed in Brunei, Ceylon, Kenya, Southern Rhodesia, the Straits Settlements, the Federated Malay States, and the Unfederated Malay States of Kedah, Kelantan, and Perlis. The Controller of Labour is the Chairman of this Committee in Brunei, Ceylon, the Federated Malay States and the Straits Settlements. I n every case members are appointed by the chief executive authority of the colony. In Ceylon the Committee is only a consultative board, with no administrative or executive functions, but in the other colonies it is charged with the administration of the Immigration Fund, and in certain cases it may also prescribe standard rates of wages payable to labourers. A similar board exists in Bermuda, where the Governor has power to negotiate with British or foreign Governments for the introduction of immigrant labourers. The Immigrant Labour Board directs and controls this introduction of immigrant labourers into Bermuda, including such medical or other examination prior to the introduction a,s it considers desirable. The Board is also empowered to order the deportation of undesirable immigrants at the expense of the Colony. I n Southern Rhodesia there is an advisory body known as the Southern Rhodesia Settlers' Board, which is attached to the Department of the Administrator. Its functions a.re to furnish reliable information and advice to prospective settlers on the land. I n Kenya there is a n Advisory Committee with similar functions. (Brunei : Indian Immigration Enactment, No. 1 of 1924, sections 3, (1), 17, (i), 23,33,45,49,60,68,75,76., 79. Ceylon : Indian Immigrant Labourers Amendment Ordinance, No. 1 of 1923, sections 3 and 9. Federated Malay States: Labour Code,No. 18 of 1923, sections 6, (1), 45, 122, 135, 136, 141, (i); Netherlands Indian Labourers Protection Enactment, 1909, sections 3, 10, 11, 17, 25, 27, 31, 33, 56-62. Gold Coast : Immigration Restriction Ordinance, No. 9 of 1925, section 3 ; by the Ashanti Ordinance, No. 7 of 1925, the same provisions are made for Ashanti. British Guiana : Immigration Ordinance, No. 18 oi: 1891, sections 7, (1), 8, 9, (1), 10-12 and 25 ; Non-Asiatic Immigration Ordina.nce, No. 10 of 1890, section 3. Jamaica : Immigration Law, No. 23 of 1879, sections 6, 9, 26, 28, 36, 50, 76-80, 84, 86, 97. Mauritius : Labour Ordinance, No. 12 of 1922, sections 4, (1), and 16-20. Nigeria : Immigration Restriction Ordinance, 1918, section 3. Straits Settlements : Labour Code, No. 14 of 1923, sections 4, (1), 113,119-121, 125, 126, 141, (i). Trinidad and Tobago : Immigration Ordinance, No. 26 of 1916, section 21. (1). Unfederated Malay States : Kedah : Tamil Immigration Fund Enactment, No. 14 of 1328 (Mohammedan era), sections 6, 9, 12-13; Kelantan : Indian Immigration Fund Enactment, No. 5 of 1920. sections 2, 7-9, 12-13; Perlis : Tamil Immigration Fund Enactment, No. 3 OFFICIAL DEPARTMENTS 163 of 1329 (Mohammedan era), sections 4, 9, 12-13, 15; Johore : Labour Code, No. 10 of 1924, sections 6, (1), 45. Zanzibar : Immigration Regulation and Restriction Decree, No. 8 of 1923, section 3.) Immigration Fund. In several British colonies a fund is established for the promotion of immigration and employers of immigrant labour have to pay a contribution to the fund at a fixed rate respecting every such labourer they employ. Generally speaking, the purposes for which an immigration fund may be disbursed are the following : (a) for the payment of free passages for immigrant labourers and their families from the place where they are recruited to the colony in question ; (b) for the general expenses incurred in connection with the recruiting of labour, quarantine, and the transport to their destinations of those persons for whom free passages have been provided ; (c) for the repatriation and assistance of labourers in need of relief; (d) for the administrative expenses of the fund ; (e) for the payment of interest of moneys borrowed by the authority administering the fund. I n Brunei, the Federated Malay States, the Straits Settlements and the Unfederated Malay States of Johore and Kelantan, the provisions of the enactments dealing with this matter apply only to Indian immigrants. I n Kedah and Perlis the fund is a Tamil Immigration Fund and concerns only the employers of Tamil labourers. In Ceylon the fund is used for the immigration of Indian labourers and is formed mainly from the fees received by employers in respect of the recruitment and employment of such labourers, together with any sum voted by the Legislative Council in aid of immigration from India. By the Immigration Ordinance of Trinidad and Tobago, the immigration fund is credited with all sums received on account of indenture fees. I n Fiji the Governor-General is authorised to appropriate from the general revenue of the Colony a sum equal to the amount of duty collected on exports of sugar and copra, and to apply this sum to an immigration fund. In British Guiana the immigration fund is credited with (a) all moneys received on account of indenture fees payable by each employer for every adult immigrant allotted to him; (b) the proceeds of the acreage t a x ; and (c) any money voted in aid of immigration by the Combined Court. The fund is administered by the Receiver-General subject to the control of the Governor. In Jamaica the Immigration Finance Law, No. 18 of 1879, provided for the establishment of an immigration fund composed of the export duties on sugar and rum and all moneys due under the Immigration Law. The Law of 1891 (No. 14) provided that there should be paid from this fund all expenses connected with immigration, including the entire cost of recruiting in any places from which emigration was permitted, with the exception of the salaries of officials and the passage money of immigrants. The immigration fund is available for the maintenance in an asylum of an indentured immigrant and for his funeral expenses in case of death (see Lunatic Immigrants Law, No. 31 of 1910, section 3). {Brunei: Indian Immigration Enactment, No. "1 of 1924. Ceylon: Indian Immigrant Labourers (Amendment) Ordinance, No. 1 of 1923. Fiji : Export Duties Ordinance, No. 28 of 1920. British Guiana : Immigration Ordinance, 1891, No. 18 of 1891. Jamaica : Immigration Finance Law, No. 18 of 1879 ; Immigration Finance Law, 1879, Amendment Law, 1891, No. 14 of 1891; Lunatic Immigrants Law, No. 31 of 1910. Federated Malay States : Labour Code, No. 18 of 1923, as amended by Enactment No. 19 of 1925. Straits Settlements : Labour Code, No. 14 of 1923. Unfederated Malay States : Johore : Labour Code, No. 10 of 1924; Kedah : Tamil Immigration Fund Enactment, No. 14 of 1328 (Mohammedan era) ; Kelantan ; Indian Immigration Fund Enactment, No. 5 of 1920; Perlis : Tamil 164 IMMIGRATION SERVICES Immigration Fund Enactment, No. 3 of 1329 (Mohammedan era). and Tobago 1 : Immigration Ordinance, No. 26 of 1926.) Trinidad GREECE.—Administrative Departments. I n virtue of section 17 of the Order of 23 June 1927, the supervision of all persons entering or leaving Greek territory, whether of Greek or other nationality, is carried out exclusively by the Ministry of Foreign Affairs, which is also required to collect all useful information connected with such matters. The Ministry maintains close contact with the Ministry of the Interior for the settlement of all questions concerning aliens established in Greece. The Act of 24 J u n e 1925, section 10, set up a Central Service to control the movement of aliens, which Service is attached to the Central Criminological Identification Office, and is under the orders of the chief of the city police and directly responsible to the Superior Directorate of the Ministry of the Interior (City Police Section). This service keeps a record of identity cards issued, of expulsions and deportations effected, and of infringements committed by aliens and also of the death of aliens. Its staff includes police officials and administrative officials. The Public Security Section of each police prefecture takes direct orders from the service in all matters relating to the enforcement of the said Act. GUATEMALA.—Administrative Departments. An Immigration Committee (Junta de Immigración) has been established in the Ministry of Economic Development (Ministerio de Fomento), and includes five members appointed by the executive authorities. When the Government introduces immigrants on its own behalf, ¡special agents (agentes de immigración) are appointed in the countries most suitable for the requirements of recruiting. Consuls sometimes act as immigration agents 2. Immigration Fund. The cost of the Immigration Services is met by the State, while special grants may be made to them. (Act of 30 April 1909, sections 29-33.) HAITI.—Advisory Bodies. In September 1922 the State Council decided to set up a Committee for Labour and Improvement of the Working Classes. The Committee has been charged to study questions connected with production, co-operation and workers' migration, and to draw up relevant statistics. HONDURAS.—Administrative Departments. In accordance with the Act of 8 February 1906, the national consuls accredited to the States in America and Europe act as immigration agents. They are empowered to conclude on behalf of their Government, and in accordance with its instructions, immigration and land settlement contracts with the subjects or citizens of such States (sections 10 and 11). Advisory Bodies. The same Act (sections 7 and 8) provided for an Immigration and Agricultural Committee (junta), consisting of the Minister of Public Works (Fomento), the Minister of the Interior, a cattle-rearing expert, an agricultural expert and a commercial adviser, the three last named to be appointed by the executive authorities. The Committee acts as a consultative organ of the Government in all matters connected with immigration and the development of land settlement. 1 An Order of 16 Dec. 1927 imposes a tax on the exportation oí certain colonial products, the total proceeds of which are paid into the Immigration Fund. 2 According to a message of the President of the Republic to the National Assembly on 1 Starch 1928, the Guatemalan Government is at present considering measures for the organisation of a Directorate of Land Settlement, Immigration and Repatriation, in order to develop land settlement in the country, especially by means of alien immigration. OFFICIAL DEPARTMENTS 165 IRISH FREE STATE.—Administrative Departments. The application of the laws relating to the admission of aliens is entrusted to the Minister of Justice, who has a staff of immigration officers at different ports. MEXICO.—Administrative Departments. In virtue of the Act of 12 March 1926, the Migration Service is the competent authority in all matters connected with the admission of aliens and the departure of nationals. It is directly responsible to the Ministry of the Interior. Migration delegates are appointed to all ports and frontier stations through which immigration is regular and legal. Assistant delegates may be appointed in other ports and frontier stations through which international transit facilities are granted. The Minister of Public Health also appoints immigration agents and medical staff at the international transit stations to enforce medical supervision of immigrants in accordance with public health regulations; where no officials are appointed by the Ministry of Public Health, their functions are performed by the migration delegates. Customs officials are required by law to assist the migration officials in the execution of their duties, and, when necessary, the officials of this service may demand the help of the federal police forces or the local authorities to prevent the entry of persons who do not comply with the provisions of the law. The officials of the Migration Service ensure, on behalf of the Ministry of Finance, the payment of the immigration tax. Immigration statistics are kept by the Ministry of the Interior, which is also responsible for taking the census of aliens, while Mexican consuls abroad are entrusted with the issue of immigrants' identity cards (sections 4-12, 16, 25, and 103). Advisory Bodies. Delegates with expert knowledge of labour questions (agregados obreros) have been attached to the Mexican diplomatic missions since 1925, with a view to studying social questions, the labour movement, and the solutions of labour problems adopted in other countries. Appointments of such nature have already been made in the principal European countries and in South America. NETHERLANDS : East Indies.—Administrative Departments. According to the Order of 29 November 1917 (I. S., 1917, No. 693) regulating admission to the Colony, and the subsequent Orders amending it, special officials are appointed to supervise disembarkation in the ports where aliens may legally be landed. These 'officials include the chief officer of the port, the deputy chief officers, and such officials as they may appoint to represent them. Furthermore, immigration committees are established in the same ports to consider the right of admission of each new arrival and to issue cards of admission in exchange for disembarkation permits. The committees include the chief administrative local official as president, at least one other official specially appointed as secretary, a doctor of the Public Health Services, and the chief representatives of the Chinese, Arab, Moorish and Bengalese immigrant groups (section 6, (2)). Surinam.—Administrative Departments. The general supervision of immigration is entrusted to the Agent-General, who is responsible for the organisation and control of immigration in general. In the districts, inspection of conditions of labour and the treatment afforded immigrants is carried lout by the district commissioners. Medical supervision is effected by the Public Health Services. Immigration Fund. Regulations issued on 21 August 1878 provided for an immigration fund, which is a corporate body and is managed by the Financial Administrator of the Colony, under the control of the Governor. The sources of income of the fund are numerous, one of the more important being the t a x of 5 florins payable on male immigrants (2| florins on female 166 IMMIGRATION SERVICES immigrants). The fund is Used to cover the cost of introducing and repatriating workers jecruited by the Government on behalf of undertakings in the Colony. NEWFOUNDLAND.—Administrative Departments. By the Immigration Act of 1926, the Governor-in-Council is empowered to establish and maintain immigration officers at such places within or outside the Colony as seems proper (section 4). He may appoint commissioners of immigration and such other officers EIS are necessary for the carrying out of the provisions of the Act (section 5). The Minister of Finance and Customs is empowered to appoint or employ any subordinate officers, not otherwise provided for, including medical officers, inspectors, guards, matrons and nurses at immigration offices or stations and may confer with them and charge them with such power and duties as be considers necessary or expedient (section 6). NORWAY.—Administrative Departments. The supervision of aliens and the enforcement of the regulations governing admission to Norway is in the hands of the police. Nevertheless, the Act of 22 April 1927 empowers the King to sanction the appointment of authorities to issue or refuse immigration permits to.alien workers (section 2). PANAMA.—Administrative Departments. Act No. 13 of 23 October 1926 provided for the creation of an Immigration Section in the Department of Foreign Affairs, and stipulates that the executive authorities may appoint, if they deem fit, immigration officials attached to the provincial administrations (section 17). According to section 1854 of the Administrative Code, the Governors of the provinces are empowered to inflict the penalties prescribed in connection with breaches of the immigration laws; appeals may be lodged against the decisions with the President of the Republic. Immigration Fund. The expenses incurred by the enforcement of the immigration laws are covered by the budget of the Department of Foreign Affairs, the Interior and Justice (section 18). PARAGUAY.—Administrative Departments. A General Immigration and Land Settlement Office WEIS set up under the control of the Ministry of Foreign Affairs by the Act of 1903. Decree No. 6897 of 8 October 1917 established a Directorate of Lands and Colonies, which was reorganised in accordance with Act No. 832 of 30 July 1926. The Directorate subsequently became a corporate body and is now named the Department of Land and Colonies. This institution includes a n Immigration Section, which, besides acting as an employment agency, is entrusted with the supervision of official and private land settlement ; it must assist alien settlers claiming damages for breach of contract. Attached to the Department is also a Publicity Service, which is required to publish useful information on the different systems of land settlement, the advantages offered immigrants, the methods of obtaining Government land, etc. This Service must note the conduct and vocational ability of each immigrant, submit quarterly reports to the Department of Land and Colonies on the number and quality of the immigrants, or on the causes of increase or decrease in the number of immigrants, and keep itself informed on all questions connected with immigration. The activity of this Service is very great. The Department of Land and Colonies is responsible for the reception of immigrants; it manages a hostel at Asuncion, which provides free board and lodging for immigrants on their arrival. PERU.—A General Immigration Department was set up by the Decree of 26 January 1926, this institution being subsequently transformed into OFFICIAL DEPARTMENTS 167 the Ministerial Directorate of Immigration, Colonisation, and the Lands of Montana (virgin forest in the region of the Amazon district). The Directorate is directly responsible to the Ministry of Economic Development (Fomento), and its main functions are : (a) To take all possible steps, in conformity with the law, to develop immigration into Peru ; (b) To inform consuls and vice-consuls of the measures necessary to encourage such immigration, and to obtain from them in exchange the information and data required for the improvement of the immigration services ; (c) To keep immigration statistics ; (d) To take the necessary steps to find employment for immigrants in commerce, industry, agriculture and the mining industries; (e) To suggest suitable methods for the development of immigration; (f) To compile a collection of the laws relating to immigration, with a view to facilitating their consultation. Advisory Bodies. The study of all questions connected with the development of land settlement and industry by means of immigration is entrusted to the same body. PORTUGAL.—According to the terms of Decree No. 13919 of 7 June 1927, the supervision of aliens a t the frontier stations is carried out by officials of the Emigration Department, or, in their absence, by the administrative authorities of the customs or fiscal services, or by other officials appointed for such purpose by the Ministry of the Interior (section 6). All information concerning aliens is centralised by the Public Security Office. The registration of aliens and the issue of permits to reside in Portugal is effected by the Civil Governors of the districts or by the communal administrators (section 3). RUMANIA.—Administrative Departments. The Act of 11 April 1925 states that the Ministry of Labour, Co-operation and Social Insurance is the competent authority to settle immigration questions, to authorise individual or collective immigration, and to renew permits (which are in all cases of limited duration), to establish new restrictions on immigration, etc. Advisory Bodies. The Ministry of Labour is assisted in the regulation of immigration by a Migration Commission, which was set up by Decrees No. 5997 of 23 July 1921 and No. 56241 of 11 November 1921, and reorganised in virtue of the Act of 11 April 1925 (section 54). The Commission is required to make recommendations on all matters connected with the regulation of immigration and the International Conventions concluded on this subject. As a result of the promulgation of the Act of 11 April 1925, regional commissions, on which employers and workers are represented, have been set up to consider the renewal or cancellation of residence permits issued to alien workers. RUSSIA.—Administrative Departments. A Permanent Immigration Committee was instituted in the Council of Labour and Defence by a Decree issued on 28 November 1922. The functions of the Office were considerably extended by an Order given on 17 February 1925 by the Council of People's Commissaries of the Soviet Union (U.S.S.R.), and the Office now deals both with immigration and emigration questions. I t consists of a president and several members, including the Inspector-General of the Commissariat of Communications, a delegate appointed by the Commissariat of Agriculture in each of the federated Republics, and persons representing respectively the Supreme Agricultural Council of the Soviet Union, the All-Russian Central Trade Union Council, the Commissariat of Foreign Affairs, and the Central Police Administration. 168 IMMIGRATION SERVICES The Committee was required to draw up a general industrial and agricultural immigration scheme, to supervise the enforcement of such scheme, to define the groups and persons eligible for admission to Russia, to encourage the immigration of desirable persons, to draft regulations for the concession of agricultural land and industrial undertakings to immigrants, to supervise the immigration groups at the ports and frontier stations, to see generally to the observance of the plans adopted for the transportation of immigrants, to provide the immigrants with temporary permits to be exchanged subsequently for the papers required by all persons travelling or residing within the frontiers of the Soviet Union, and to establish regulations relating to the registration and census of immigrants and the compilation of immigrant statistics. Contracts governing the concession of agricultural land to immigrant groups are concluded by the Commissariats of Agriculture of the Republics concerned, while contracts for the concession of industrial undertakings are drawn up by the departments of the Soviet Union and those of the federated Republics in which the undertakings are situated. The clauses of these contracts are established by common agreement between the Committee of Labour and Defence and the above-mentioned Departments. SERB-CROAT-SLOVENE KINGDOM.—An Emigration and Immigration Section has been formed at the Ministry of Social Affairs in virtue of the Decree of 30 December 1922. I t is the duty of this Section to deal with emigration and immigration matters and to supervise the authorities concerned with these questions. The Section is also responsible for the appointment of emigration and immigration commissioners in the home ports, these commissioners being required to inform the police and port authorities of any contraventions of the law coming under their notice (sections 1 and 2). The enforcement of the regulations respecting alien workers (Order of 24 November 1925) is carried out by the factory inspectors who are directly responsible to the Ministry of Social Affairs, which co-operates in this respect with the Ministry of the Interior, responsible for the supervision of aliens. SIAM.—Administrative Departments. In pursuance of the Immigration Act of 11 July 2470 of the Buddhist era (1927), the Minister of the Interior is charged with the enforcement of the immigration laws and is consequently empowered to take the necessary measures and to decree the requisite administrative regulations. In certain matters, however, he is required to co-operate with the Minister oí' Commerce and Communications. The supervision of arrivals in the ports and frontier stations is effected by special officials of the Immigration Department ; in districts where there are no immigration officials the medical officers of the public health services perform their functions. I n stations where there is an immigration official the medical inspectors are attached to him to carry out the medical supervision of immigrants. (Sections 1-8 and 18 of the Immigration Act ; section 1 of the Regulations of 21 July 2470 of the Buddhist era (1927).) S O U T H AFRICA.—Administrative Departments. The Immigrants Regulation Act of 1913 (No. 22 of 1913),sectionl, provides that the GovernorGeneral may establish and maintain an Immigration Department. The function of this Department is the performance of all work necessary for preventing the entrance of prohibited immigrants into the Union, or for removing such immigrants from the Union. The Department has, moreover, to carry out any other powers and duties imposed on it by law. The Department is entitled "Department for Immigration and Asiatic Affairs", and is established in the Ministry of the Interior. I t deals with the two questions mentioned in the title, namely, immigration and Asiatic affairs. An immigration officer has been maintained a t Lorenzo Marques in OFFICIAL DEPARTMENTS 169 order to eliminiate delays which could not be avoided if all business in connection with migration from Mozambique to the Union had to be transacted at the border station of Komatipoort 1 . SWEDEN.—Administrative Departments. There is no special immi• gration department in Sweden. The enforcement of the regulations relating to the admission and the employment of alien workers, and especially those concerning the issue and the withdrawal of working permits, is incumbent on the Ministry of Industry and Commerce, which is assisted in this work by the police. (Royal Proclamation of 4 September 1926.) SWITZERLAND.—Administrative Departments. According to the Federal Order dated 19 June 1925, approved by a national referendum taken on 25 October 1925 and which adds Article 69 RUMANIA.—Persons may be placed in employment only through the medium of the official employment offices, as" all commercial transactions in connection with such work are forbidden by law. The employment offices are available to all workers irrespective of sex, nationality, age, religious beliefs or political opinions. Alien workers aTe placed mainly through the Central Office of the Employment Exchange Service. The admission of alien workers is subject, however, to prior authorisation from the Ministry of Labour (ef. Chapter VI, § 1). (Act of 22 September 1921, sections 2, 17 and 40.) SWEDEN.—According to a communication received from the Swedish Government in 1927, aliens authorised to work in the country (cf. Chapter I I I , § 1, (g)) may avail themselves of the public employment offices on the same conditions as national workers. URUGUAY.—Since 1924, the placing of immigrants, which was previously entrusted to the Labour Office, has been transferred to the Immigration Office. An Employment Office has been attached to the Immigrants' Hostel in Montevideo, and is empowered to find Work for all classes of aliens. To facilitate this work, the Office sends a daily list of offers and demands to the press, which publishes them free of charge. I n registering with the Office, applicants for work must give the following details for insertion in the official register: date of application, name, age, nationality, work required, domicile, country of origin, etc. Applicants then receive a certificate which contains a brief summary of these details and the contents of any certificates presented by them. Once provided with this document the immigrant may apply to any employer seeking workers, or he may be asked to call at the office when a suitable offer of employment is received. Placing may also be undertaken by private and commercial agencies subject to official supervision, by philanthropic institutions, and by the immigrants' mutual-aid societies. VENEZUELA.—In virtue of the Act of 1918 a Central Immigration Office was established in Caracas and local immigration offices in the capitals of the various Venezuelan States. The principal duty of these offices is to procure suitable work for aliens arriving in the country without a contract. With this end is view they are authorised to receive offers of employment from agricultural and other employers (section 3). § 5.—Assisted I m m i g r a t i o n The term "assisted immigration", or "subsidised" immigration as it is sometimes called, is often used to describe immigration which takes place wholly or partially at the expense ASSISTED IMMIGRATION 235 of the Government of the country of destination, and as the cost of oversea migration is often rather high this is a very efficient method of stimulating immigration. A large number of the younger nations have in the past adopted a system of assisted passages, and the majority of the immigration and settlement laws of the South American countries show traces of this policy. Nowadays, however, provisions of this nature which subsist in existing legislation are rarely applied on account of the opposition encountered to the scheme in emigration countries where the law often prohibits the departure of persons receiving such aid, or because the immigration countries themselves have found the scheme difficult to apply. One of the main drawbacks to assisted immigration is that it is likely in the main to attract only the poorer classes and persons who, dazzled by the offer of certain material advantages, decide to emigrate without giving any serious consideration to the great efforts required of them later when faced with the numerous difficulties connected with settlement in a strange land. For these reasons public opinion in many countries has decided in favour of voluntary immigration, which requires hardy decisions from the individuals (e.g. the risk of a considerable sum of money, which sometimes represents their total worldly possessions) and thus furnishes proof of their energy. Some countries have, however, kept to the old system for the introduction of alien labour, such being the case especially in Asia, while others, with a view to promoting the immigration of selected persons, have combined it with the nomination system, which gives them more latitude in selecting assisted immigrants, as these are proposed by persons already settled in the country or by local bodies such as the churches, societies, clubs, etc. It is along such lines that assistance is often conceived in the migration schemes arranged between British countries in virtue of the Empire Settlement Act. In numerous instances schemes are adopted to encourage the immigration of young persons, who receive preliminary training in a training farm where their ability is thoroughly tested. I t should be observed that in many cases the cost of the British schemes of assisted immigration is borne jointly by the two countries concerned, namely, Great Britain and one of the Dominions. Somewhat similar to State-assisted immigration is immigration 236 EMPLOYMENT, RECRUITING, AND PLACING OF ALIEN WORKERS assisted by the employers, who are required by law to pay the passage of all alien workers whom they bring into the country. The fact that assistance given by the employer has in many cases taken the place of State aid shows the really close resemblance between the two methods. A certain number of treaties and agreements respecting the recruiting af alien workers mention this obligation, as do the model contracts adopted by the large industrial undertakings with the consent of the Governments concerned. Some agreements and model contracts merely provide for the advance of the passage money, which is ultimately repaid by means of deductions from wages, although it is to be noted that in certain immigration countries, just as in certain emigration countries, the advance of passage money and the payment of such expenses is forbidden by law. In the present chapter the term "assisted immigration" is taken in its narrow meaning, and only applies to advantages granted in connection with the journey, although a number of other privileges are frequently open to immigrants and alien workers. These are, however, dealt with in Chapter XI. BRITISH EMPIRE MANDATED TERRITORY (Under Australian Administration) : Nauru.—The British Phosphate Commission provides a free passage for Chinese labourers from China to Nauru or Ocean Island and pays the costs of their return passage to Hongkong. (Report to the Council of the League of Nations on the administration of Nauru during the year 1923.) N E W ZEALAND M A N D A T E D TERRITORY : W e s t e r n S a m o a . — The Government of Western Samoa undertakes to pay the cost of passage of Chinese labourers to and from the Mandated Territory. (Fifth Report of the Government of New Zealand on the administration of Western Samoa for the, year ended 31 March 1935.) ARGENTINA.— The Act of 1876, of which the fundamental provisions are still in force, states that the various resources earmarked for immigration purposes may also be used to refund the cost of immigrants' passages and to cover the cost of their transport by the licensed undertakings (section 56, subsections (a) and (b)). Sections 84 and 88 of the same Act stipulate that such grants are to be reserved mainly for families of settlers recruited by the Land Settlement Office for settlement on certain lands, but, although these provisions have never been cancelled, the Argentine Government has ceased for many years to subsidise immigration. AUSTRALIA.— The Governments of the United Kingdom and Australia have arranged a joint scheme under the British Empire Settlement Act,1922, for the assisted migration of suitable persons from the United Kingdom ASSISTED IMMIGRATION 237 to Australia. Applicants approved under this scheme are normally given assisted passages at the following rates : Married couples (including widows or widowers) with a t least one child under 19 years of age £11 each parent Women household workers Free Other adults £16 10s. Juveniles of 17 and 18 years of age £11 Boys and girls from 12 years of age up to their 17th birthday £5 10s. Children under 12 years of age Free Loans may be granted towards part, or in special cases the whole, of the reduced fare, if required. Persons granted assisted passages must guarantee that they will remain in Australia for at least two years : otherwise the full amount of assistance under the Empire Settlement Act must be refunded. Persons entitled to assisted passages are either selected or nominated. Selected immigrants are recruited abroad by the agents of the Commonwealth Government, and must belong to one of the following classes : farmers, persons without agricultural experience but with capital who wish to take up farm work, experienced farm labourers, men up to the age of normally twenty-five to thirty without farming experience, who are able and willing to take up farm work, lads for farm work, domestics, special artisans unobtainable in Australia. Nominated immigrants are those nominated by persons resident in Australia, and the nominators must submit their applications through the officers in charge of the State immigration offices in the various capital cities, and become responsible for their nominees on arrival so that they shall not become a burden on the State. Persons previously resident in Australia are not eligible for assistance under the Assisted Passage Scheme. All States in Australia grant free fares on their railways to assisted migrants proceeding to their first situation or joining their nominators. The States of Queensland, South Australia and New South Wales have schemes for the care and apprenticeship of boys willing to take u p farm work, and the boys receive the advantages of the assisted passage rates and free railway fares to their place of employment (see Chapter V, § 2) K BOLIVIA.—Section 28 of the Immigration Act of 20 January 1927 states that funds earmarked for promoting immigration may be used to pay private companies for immigrants' tickets. BRAZIL.— Assisted immigration has for a long period been one of the characteristic features of the Brazilian immigration policy. Nevertheless the legislative provisions summarised below have often been suspended in recent years, although they have never actually been repealed 2. Federal Regulations approved by Decree No. 9081 of 3 November 1911 empower the Government, in so far as voluntary » immigration is insufficient, to take steps in conjunction with the separate States of the Union and independently of any other action undertaken by these States, to 1 Official Year Book of the Commonwealth of Australia, No. 20, 1927, p . 89G, and OVERSEA SETTLEMENT DEPARTMENT : Handbook of the Commonwealth of Australia, London, revised to 1 J a n . 1927. 2 I n 1924 however, t h e Federal Budget included an estimate oí 10,000 contos to subsidise t h e immigration of families of agriculturists arriving from Europe. (One conto = 1,000 milreis, or 625 gold francs.) 3 This t e r m is used in opposition to assisted immigration t o denote immigration which takes place a t the i m m i g r a n t ' s own expense. 238 EMPLOYMENT, RECRUITING, AND PLACING OF ALIEN WORKERS encourage the admission into the country of immigrants who satisfy the required moral standards, who, being skilled agricultural workers, arrive with their family or at the request of their family, and who intend to settle in the country as peasant proprietors. Such persons are granted a free third-class ticket from the port of embarkation to Rio de Janeiro or any other national port in which services for the reception and housing of immigrants have been organised (section 5). In exceptional circumstances the Government may also bring into the country at its own expense skilled agricultural workers and other immigrants belonging to any trade or nationality for employment in the construction of railways, public works, etc. (sections 4, 5, (1), and 8). Immigrants thus introduced must satisfy the general regulations governing admission and any special regulations laid down by the representative of the Brazilian Government appointed to examine their papers prior to departure, to countersign such papers and to issue tickets to accepted immigrants for one of the shipping companies chartered by the Brazilian Government (sections 16 and 20). The Union authorities are also empowered to refund the price of a thirdclass ticket from the port of embarkation to the destination to all agriculturists voluntarily immigrating in family groups which must contain at least three persons aged between twelve and fifty years, and who desire to take up land in Brazil. This privilege may be claimed at any time within two years after arrival in the country (section 12). The different Brazilian States practise some form of assisted immigration. The State of Säo Paulo adopts this system to a greater extent and more regularly than the other States 1. Decree No. 2400 of 9 July 1913 respecting immigration and land settlement deals at length with assisted immigration. I t is stipulated therein t h a t the Government may, when it sees fit, accept responsibility for the whole or part of the cost of introducing workers or settlers to whom land has been granted. Only families of agriculturists of good physique and morals are entitled to this privilege, and must include at least three working members, aged between twelve and forty-five years. Notification of the number of immigrants which it is desired to introduce into the country in these conditions must be given to the recruiting agents (introductores) with whom the Government of Sâo Paulo has relations and who act on its behalf in the emigration countries. These agents require intending immigrants to produce documents showing their qualifications, and have them visaed by the Government Commissioner at the for port of embarkation. The Government of Säo Paulo may also conclude contracts with these agents for the admission of a given number of emigrants ; the agents make the necessary cash advances which are refunded to them within sixty days after the arrival of the immigrants, provided t h a t such immigrants satisfy the prescribed requirements (sections 16-42). The Government may also finance the cost of introducing immigrants applied for by settlers already established in the land settlement centres, or by agricultural proprietors. Applications must be addressed to the Official Employment Office of the Ministry of Agriculture (Agenda official de Collocaçao) ; security may be required from applicants (sections 72-79). The Government is further empowered to refund the cost of a thirdclass passage to agricultural workers and settlers brought into the country by private initiative (section 87), to voluntary immigrants coming under the conditions specified above, and, in exceptional cases, to unmarried persons under twenty-one years of age who are coming to join their parents (sections 101-111). Finally, the Säo Paulo Government promotes the development of immi1 According to information receiveo. in NOT. 1927, the State of Säo Paulo would appear to have suspended for the time "being the granting of assisted passages to immigrants going there. ASSISTED IMMIGRATION 239 gration by granting subsidies to shipping companies which provide reduced passages for certain classes of immigrants (families of agricultural workers, carpenters, masons, wagoners, blacksmiths, labourers and domestic servants) (sections 43-45). I n the State of Bahia, the administrative regulations framed for the enforcement of the Immigration and Settlement Act (No. 1729 ot 4 January 1926) divide immigrants into five classes, namely, voluntary immigrants arriving in the Port of Bahia at their own expense, and four other classes of assisted immigrants according to whether'the subsidy is granted by the State of Bahia, private individuals, the Federal Government, or jointly by the Federal Government and the Government of Bahia. I t is also laid down that immigrants arriving under a contract concluded with the Federal Government or the State of Bahia and who have relatives abroad who wish to come voluntarily to Bahia may request the Government to pay their passage at the State's expense. Voluntary immigrants may make a similar application for relatives who desire to settle in Bahia (sections 64 and 65). The cost of the journey from the port of landing to the capital of the State may be refunded to voluntary immigrants who arrive in a family group consisting of at least three persons over twelve years of age and capable of work and to unmarried persons under twenty-one years of age who are coming to join their family established in Bahia (section 73). In the State of Fernambuco the Act of 9 April 1925 entitles persons who can produce .authentic documents showing their right to admission to claim a refund of a third-class passage ticket. Landowners and societies who receive and employ agricultural immigrants are granted a bonus of five contos for every twenty families placed by them to cover expenditure incurred by the introduction of such families. I n the State of Minas Geraes, the regulations approved by Decree No. 6990 of 24 September 1925 stipulate that immigrants may be admitted to the State for specified work or to settle on free lands or in settlement centres as voluntary immigrants, or in virtue of a contract concluded between the State and the persons concerned, or at the initiative of the Brazilian Union to which the State of Minas Geraes refunds a part of the resulting expenditure which is fixed by prior agreement (section 1). Free transport facilities may be granted to immigrants and workers who have concluded a contract through the medium of the Ministry of Agriculture (section 167). I n the State of Bio Grande do Sul the system of assisted immigration established by Act No. 367 of 5 March 1857 was abolished by Decree No. 2098 of 13 J u n e 1914 and replaced by a system of voluntary immigration. CANADA.— The following assisted passage schemes have been agreed to, with a view to encouraging immigration from Great Britain : (a) Children over fourteen and under seventeen proceeding under the auspices of a recognised child migration society receive a free grant towards transportation expenses, etc. (b) An agreement has been concluded between the British and Canadian Governments and the transatlantic shipping companies, providing that persons from Great Britain proceeding to Canada under the British Empire Settlement Act, 1922, are able to travel to the Eastern ports of the Dominion for £2, and to other centres in Canada for sums ranging from £3 to £8. These rates are applicable to : (1) married men with farming experience, (2) single men with farming experience, (3) women with some household experience between eighteen and forty-eight years, (4) married men and single men without farming experience going on the land in Canada, provided they aTe nominated by friends or relatives in Canada for definite agricultural employment. Classes (1), (2) and (3) must be nominated by friends or relatives in Canada ; failing that they can be nominated by the Canadian Government. A limited number of suitable single men between twenty 240 EMPLOYMENT, RECRUITING, AND PLACING OF ALIEN WORKERS and thirty-five years without farming experience may also be nominated by the Canadian Government. Children under seventeen going as members of a family travel free. Families, and women who are proceeding as household workers, may in special cases be granted loans of the whole or part of the passage money 1 . COLOMBIA.—The Act of 30 December 1922 states that immigrants who fulfil the conditions of admission may be granted assisted passages from the available sums at the disposal of the Immigration Fund (section 12). o CUBA.—Order No. 155 of 15 May 1902 makes it illegal for any private person or undertaking to make advance payments of any kind to cover the cost of the passage of an alien immigrant with a view to assisting his emigration to Cuba (section 3). In order to encourage the immigration of agricultural workers, however, the Immigration Act of 11 July 1906 authorised a grant of 1,000,000 pesos to provide free transport facilities for such workers, and required the executive power to include the necessary estimates in subsequent budgets. According to this Act, landed proprietors wishing to employ aliens have to apply to the Ministry of Agriculture, enclosing a list of the number of families they are prepared to accept, and a copy of the contract proposed to ensure stability of employment. The consular agents of the Republic are responsible for the registration and embarkation of the immigrants. In order to be eligible for assisted passages, which are grantéS only within the limits of the credits voted, immigrants have to prove that they had been employed in agriculture in their native country (section 5). The Regulations of 20 August 1910 on the settlement of agricultural workers state that all immigrants who can show proof of good conduct, and of the fact t h a t they have been actively employed in Cuba on agricultural or mining work for the last two years, may request the Ministry of Agriculture, Commerce and Labour to grant free transport facilities to their wives and sons living abroad. Immigrant settlers established for a t least two years on State settlements or in private undertakings are entitled to have other members of their family brought to Cuba at the expense of the State. FRANCE : Colonies.—It is stated in section 1 of the Decree of 15 February 1852 t h a t immigrant agriculturists and workers under contract may be admitted into the colonies at the employer's expense or with the help of public funds and the funds at the disposal of the local immigration authorities. The latter funds are derived from various sources, such as the registration fees payable on admission and the annual taxes payable by employers in proportion to the wages earned by each worker in their service. At present, however, subsidies to assist migration to the colonies are no longer provided for in the State budget, and in consequence recent Decrees regulating immigration in the various colonies (e.g. the Decrees of 6 May 1903 and 24 February 192.0, applying respectively to Madagascar and the French Establishments in Oceania) stipulate that all expenditure incurred by the introduction of immigrants, and quarantine and hospital expenses on arrival, are to be defrayed by the employers and other persons who bring immigrants into the colony. A receipt showing that all charges have been duly paid must be presented to the Immigration Department before any distribution of the immigrants among the employers can take place (sections 13 and 19). I n some cases, however, the local -colonial budgets make provision for assisted immigration. For example, a local Order issued on 16 May 1925 1 OVERSEA SETTLEMENT DEPARTMENT : Handbook on the Dominion of Canada. London, revised to 1 Jan. 1927. ASSISTED IMMIGRATION 241 in the Establishments in Oceania granted the Agricultural Fund a subsidy of 115,000 francs to help to bring Indo-Chinese labour into the colony. G R E A T B R I T A I N : Colonies.—Borneo-Brunei. Any Indian immigrant who has received a free passage from India under promise to labour in the State and who neglects or refuses to proceed to his place of employment is liable to pay the Controller the sum of $20. If it appears to the Controller that any female immigrant tendering the sum of $20 in redemption of her contract is in the control or custody of any person, the Controller may refuse to allow her to redeem her contract unless security is given that she will not leave the State without the previous consent in writing of the Controller, and shall not be disposed of as a prostitute or for immoral purposes, and shall be produced before the Controller when he so requires. (Indian Immigration Enactment, 1924, section 18, (1), 19.) Federated Malay States. By the Labour Code Ordinance, No. 18 of 1923, any Chinese immigrant found on arrival to be indebted for passage money or advances may be detained until he has made arrangements satisfactory to the Protector for the repayment of his debt (section 27). Any indebted immigrant who has obtained passage money or advances by a promise to find on his arrival someone in the Federated Malay States to repay such money and who is unable to fulfil his promise may, at the discretion of the Protector of Chinese immigrants, be released or sent back to China at the expense of and with the consent of his creditor (section 28). Indian immigrants are taken to Malaya at the expense of the Immigration Fund for work on estates, mines, etc. Any such immigrant may be detained in a depot until he can be forwarded to his destination (section 36, (i)). If he neglects or refuses to proceed to his place of employment, he is liable t o pay to the Controller the sum of $20 or such less sum as the Chief Secretary to the Government may order (section 48, (i)). I t is provided, however, that when it appears to the Controller that any female immigrant tendering a sum in redemption of her obligation to labour in the colony is in the custody or control of any other person, he may refuse to accept the sum until the person in whose custody and control the female immigrant appears to be has given a reasonable security to the Controller that she shall not leave the Federated Malay States without the previous consent in writing of the Controller and shall not be disposed of as a prostitute or for immoral purposes, and that she shall be produced before the Controller whenever he so requires. I n default of this security, the Controller may order the repatriation of the immigrant (section 49). The laws of the Straits Settlements and the Unfederated Malay State of Johore make similar provisions for the immigration of Chinese and Indian labourers who have received assisted passages under promise to labour in these colonies. (Straits Settlements : Labour Code, No. 14 of 1923. sections 63, 64, 65, (i), 86, 87. Johore : Labour Code, No. 10 of 1924" sections 24, 27, 28, 46, (i), 48, (i), 49.) GUATEMALA.—The Act of 30 April 1909 states that immigration contracts may be concluded by the Government, which is then required to bear all transport costs and to appoint agents abroad to supervise the recruiting operations, the conclusion of contracts, and the embarkation of the immigrants (section 34). The Act further stipulates that immigrants who arrive at their own expense and without a contract may claim the repayment of the cost of their sea voyage from the port of embarkation (section 9) ; the cost of the voyage of immigrants engaged by private undertakings has, however, to be met by the undertaking responsible for bringing the immigrants into the country (section 10). N E T H E R L A N D S : Surinam.—Javanese workers' recruited in accordance with the Order of 16 April 1896 (Stbl. No. 72) and the Government 16 242 EMPLOYMENT, RECRUITING, AND PLACING OF ALIEN WORKERS Decree of 1 February 1921 (Bijblad 9703) are entitled t o free transport facilities to their destination arid to free repatriation to their place of origin at the end of their contract. Expenditure thus incurred is met from _ the Emigration Fund, but undertakings t o which the Government hires ' out workers which it has recruited are required t o contribute towards such expenditure. NEW ZEALAND.—The Governments of the United Kingdom and New Zealand have arranged a joint scheme for the assisted migration of suitable persons from the United Kingdom x to t h a t Dominion. All persons granted assisted passages are required to undertake t o remain permanently in New Zealand, and in the event of their wishing t o leave the Dominion within five years of the date of arrival they may be called upon to pay the difference between t h e cost of the assisted passage and the ordinary full fare. All applicants must be of British birth. The rates payable by approved applicants are at present as follows : Boys under 19 years of age: Free Girls and women under 40 years of age (single and widows without children) Free Single women and widows without children, between the ages of 40 and 50 years of age . £ 11 Single men between 19 and 50 years of age £11 Married men and women under 50 yeaTs of age (including widowers and widows with children) £ 11 Domestic servants'. Free passage and £ 2 pocket money. Assisted passages can be obtained by persons able t o arrange for friends, relatives or prospective employers to nominate them through the Department of Immigration at Wellington under the following conditions : (1) they must not have attained the age of fifty years, (2) they must supply t o the High Commissioner in London a satisfactory medical certificate and a certificate of character, (3) in the case of married applicants, nomination must include husband, wife and family, if any, (4) the nominator must undertake to make provision for housing accommodation a n d employment for the nominees and must also guarantee t h a t they will take u p permanent residence in the Dominion, (5) only such persons are accepted as are in the opinion of the High Commissioner suitable in all respects, and his decision is final. Assisted passages are sometimes available without nomination for such classes of workers as may be particularly required. These passages are only applicable to such occupations as are from time t o time specified by the New Zealand Government. Information on this point is given by any employment exchange in the United Kingdom. Fully qualified farm labourers (single and between the ages of seventeen and forty-five) can usually be accepted without nomination. Free passages may be granted t o women domestic servants if approved by the High Commissioner in London, provided : (1) that they are bonafide domestics and give a written undertaking t o follow t h a t calling for at least twelve months after arriving in the Dominion, and (2) t h a t they are between the ages of eighteen and forty years. I n addition t o free passage, a gratuity of £2 will be paid. Boys between seventeen and twenty who have been educated at a secondary or public school, and are desirous of being trained as farmers, can, under certain conditions, be granted assisted passages without nomination 3 .' 1 The United Kingdom is taken to mean Great Britain, Northern Ireland, and Guernsey. 2 OVERSEA SETTLEMENT DEPARTMENT: Handbook on the Dominion of New Zealand; London, revised to 1 Jan. 1927. According to the Official New Zealand Tear Book for. ASSISTED IMMIGRATION 243 PERU.—The President of the Republic may sanction the grant of the funds necessary to cover the cost of immigrants' passage tickets. Grants of this kind were made early in 1927 to Italian, Polish, and Spanish immigrants. SOUTH AFRICA.—Arrangements have been made for settlers approved by the London Committee of the 1820 Memorial Settlers' Association to go to South Africa at a reduced passage rate. Applicants may either be men with at least £1,500 capital, or, if married, £2,000, fully trained farmers with a minimum capital of £600, or public school or secondary school boys with a minimum capital of £1,000. In addition, assistance is given to men and women proceeding to South Africa who can produce an assurance of employment on landing 1 . UNITED S T A T E S : Territory of Hawaii.—The Board of Immigration makes contracts with transport companies to secure low rates of fare for immigrants and to facilitate their reception and temporary accommodation. (Act No. 123, 21 April 1911, section 5.) VENEZUELA.—The Immigration Act of 26 J u n e 1918 authorises the immigration agents appointed in foreign countries by the Government to pay the passage of persons who agree to go to Venezuela as immigrants on contract or as settlers. The Government sends the necessary instructions to its agents in each case (section 6, (iv)). 1928, t h e reduced passage rates quoted apply t o t h e cheapest class for t h e different categories of persons mentioned above; b u t by paying a supplement of £2 or £6 t h e emigrant is entitled to t r a v e l in a four- or two-berth third-class cabin. Assisted domestic servants m u s t give a promise not t o marry before twelve months after arrival in t h e Dominion. 1 OVERSEA S E T T L E M E N T D E P A R T M E N T : Handbook on the Union ofìSouth Africa. L o n d o n , revised to 1 J a n . 1927 244 REGULATIONS FOR PROTECTING THE IMMIGRANT CHAPTER VII REGULATIONS FOR PROTECTING THE IMMIGRANT IN HIS DEALINGS WITH T R A N S P O R T AND OTHER A G E N T S The activity of transport agents, so carefully regulated by the legislation of t h e emigration countries (cf. Volume I, Chapter VII), is very rarely supervised by the country of destination, which is less directly interested in this transport, the preparatory measures for which are carried out outside its territory. Only certain countries have established a more or less strict supervision of t h e relationships between their future immigrants and the agents who undertake t o transport them. This supervision exists more particularly in the case of collective immigration of workers recruited under contract by the Government itself or at least under its supervision for the use of individual employers. The legal provisions concerning the activity of agents for the transport of immigrants bear upon the necessity of a licence for any person undertaking such transport. The granting of this licence is generally subject to the payment of a fee or even to a deposit guaranteeing the fulfilment of the obligations assumed. The regulations also refer to the necessity for all intermediaries t o respect the fixed transport prices, and frequently they also forbid undue propaganda or deal with the necessity of making known to those interested the conditions of admission into any country, either by posting up a copy of the regulations or by other means. Another system of protection consists in encouraging officiai representatives abroad (consuls and special immigration agents) t o offer their services to immigrants for arranging conditions of REGULATIONS FOR PROTECTING THE IMMIGRANT 245 transport with t h e shipping companies and obtaining the most favourable conditions possible. I n this chapter are also included certain provisions concerning the activities of lodging-house keepers, money-changers, ticket agents, luggage porters, etc. The protective regulations of the country of destination discussed here are supplemented by those concerning the established immigrant discussed in Chapter X I , § 4. A R G E N T I N A . — B y the Decree of 31 December 1923, masters of ships bringing passengers to Argentina must deliver to the Examining Committee (Junta de Visita) a statement made by them and stamped by the Argentine consul in the port of sailing, certifying that they are aware of the Immigration Act and the regulations supplementing it (section 8, paragraph 1). Every action of a master or member of the crew with a view to concealing from the immigrants on board the legal conditions for immigration to Argentina, or to lead them astray by false information regarding the conditions of the examination for admission, is punishable by a fine of 500 pesos *, apart from the damages to be paid to the injured party (section 20). During the inspection of immigrants on arrival, the immigration officials listen to any statements made by passengers or any complaints as t o the treatment received on board ; they make a note of this and obtain the signature of witnesses to the declarations (section 9, paragraph 9). BOLIVIA.—By the Act of 20 January 1927, the consular agencies, which take the place of information offices for immigrants, must use their influence to make transport more easy for the immigrants, by obtaining reductions on ordinary rates, particularly from shipping companies with which reductions are to be arranged for the transport of groups of immigrants (section 15). BRAZIL.—The Federal Decree of 31 December 1924 lays down that only those shipping companies authorised by the General Directorate of Settlement shall have the right to bring in immigrants (section 4). The Instructions of 30 June 1925 for the enforcement of this Decree, along with the Decree No. 9081 of 3 November 1911, state that the shipping companies must provide each immigrant with a luggage ticket stating the number of articles of luggage and the volume of each article (section 15). Officials of the immigration services aTe recommended not to permit speculators, money-changers, or employees of private hotels to go on board the boats, since the Government assists new arrivals on disembarkation and in finding lodgings, as well as making arrangements for changing their money at the best available rates (section 8, (g)). The immigration inspection officials shall not acquire any objects on board the ships, nor accept presents or gratuities from the shipping companies or any other persons interested in immigration. These officials shall not remain more t h a n two years employed in the same port (sections 10 and 17). Finally, the Decree of 3 November 1911 lays down that if the Federal Government has concluded an agreement with the shipping company for the transport of immigrants a t Government expense, this company must grant a reduction of 10 per cent, on the current prices to all individuals who are considered immigrants under Brazilian law and who come to Brazil at their own expense (section 17, (a)). In the State of Sào Paulo a special service was set up by the Act No. 1299A 'One Argentine peso = approximately Is. lOd. 246 REGULATIONS FOR PROTECTING THE IMMIGRANT of 27 December 1911 for the protection of settlers entitled the "Patronata Agricola". This service, whose duty it is to supervise the enforcement of the preventive federal legislation on immigration and settlement, is entrusted in particular with the supervision of agencies and sub-agencies for the sale of tickets and for money-changing, as well as with the prevention of all attempts at deceiving immigrants and with supporting before the competent authorities complaints made by agricultural workers regarding attacks made upoQ their person, family or possessions (section 3). Every ticket agency or sub-agency must compulsorily register and give the names of all those employed by it. These agencies and sub-agencies are subject to the payment of a special fee. CANADA.—By the Immigration Act of 1910-1924 the Deputy Minister may issue to agents of transportation companies, hotels, and boardinghouses a licence as immigrant runners. This licence may be cancelled at any time (section 67). No person is allowed to conduct or recommend, for hire, reward, or gain, any immigrant to the owner of a vessel, an innkeeper or boarding-house keeper, or to any other person, in connection with the immigrant's journey to his final destination in Canada, unless he has a licence; no person may give an immigrant any information, or assist him to his destination, or book passengers, or undertake the transportation of the immigrant's luggage without a licence (section 68). Immigrant runners must not sell passenger or luggage tickets to, or buy them from, immigrants at rates other than those charged by the transportation companies (section 69). They are not permitted to go on board any vessels until all passengers have been landed, or to go into any immigration station, unless authorised to do so by the officer in charge (section 70). Every innkeeper or boarding-house keeper in any place in Canada designated by Order in Council, who receives an immigrant into his house within three months after arrival, must keep a list of prices charged for board and lodging, and for separate meals, posted in a conspicuous place and also printed on his business cards, innkeepers and boarding-house keepers have no lien on the effects of an immigrant for any amount claimed for board and lodging exceeding five dollars (section 71). This section is enforced in Ottawa, Toronto, Quebec, Montreal, Halifax, St. John, Winnipeg, Vancouver, Victoria, and Prince Rupert by the Order in Council of 9 May 1910 (P.C. 919). Under penalty of a fine of from $5 to $25, the innkeeper may not detain the effects of an immigrant who offers him a sum of $5, or such less sum as is actually due for his board and lodging (section 72). ; Every person who causes the publication or circulation by advertisement or otherwise, in a country outside Canada, of false representations as to the opportunities for employment in Canada, or as to the state of the labour market in Canada, in order to encourage or to deter, the immigration into Canada of persons resident outside, shall be guilty of an offence and liable to a fine of not more than $500 or to imprisonment for a term not exceeding six months or both (section 55). CUBA.—By Order No. 155 of 15 May 1902, no shipping company or transport undertaking whatsoever may carry on propaganda in favour of immigration whether directly or through agents, in writing or by any other means. Correspondence and circulars sent by the undertaking must deal solely with transport conditions, the dates of departure of ships, and other practical information of this kind. Every infringement of this regulation is considered in the same category as t a x evasion and as subject to the same punishments (sections, 2 and 6). F R A N C E : Colonies.—By the Decree of 27 March 1852, defining the general system for regulating immigration to the colonies, no ship employed REGULATIONS FOR PROTECTING THE IMMIGRANT 247 for the transport Of immigrants may leave before the captain has furnished security sufficient t o cover all damages which might be claimed from the shipping company for any offences during transport (section 52). This provision was repeated in various Decrees which have defined the regulations for immigration into each colony, or at least it is laid down that preliminary authorisation from the Governor of the colony concerned must be obtained by all ships undertaking the transport of immigrants. In Madagascar, by the Decree of 6 May 1903 the masters of vessels carrying out a regular service between the Island and any given spot for recruiting immigrants may be authorised by the Governor-General to transport immigrants without furnishing the security mentioned above (section 10). G R E A T B R I T A I N : Colonies.—In Chapter I I I mention is made of the various obligations assumed by transport agents and masters of ships who are responsible for seeing that the immigrants whom they bring fulfil the conditions of admission (see in particular § 1, (f) ("Economic Condition of Immigrants"), § 1, (i) ("Physical Condition"), and § 4 ("Legislation relating to Clandestine Immigration"). J A P A N : Formosa.—Chinese workers may not be recruited or transported except by agents appointed by the Governor-General of Formosa. These agents must pay a deposit in cash or in Government bonds according to the regulations published by the Governor. The agents shall bear any costs involved through sickness or accident to the Chinese worker and the cost of his repatriation if the authorities order him to be deported from the Island. When the Governor-General considers that the actions of an agent contravene the existing regulations or endanger public order, he may cancel the authorisation or order it to be suspended temporarily. Nevertheless, in such case the agent is still obliged to fulfil all obligations laid down by the Order towards workers whom he has already brought to the island. When an agent neglects to fulfil his obligations the Governor shall do so and shall charge the cost involved to the deposit paid by the agent. If this deposit does not cover the expenses, the agent may be compelled to pay the additional sum. All persons who recruit or transport Chinese workers without authority shall be subject to fines, and the same shall apply to all who assist them in their journey or engage them under conditions other than those laid down by the regulations. The transport agent for Chinese workers must provide the latter with transport certificates having a photograph of the bearer and a statement of his name, abode, and age, as well as the class of manual work which he will undertake and the landing port in the Island. The worker must produce this certificate on landing. A fine will be inflicted on any master of a ship who transports Chinese workers who do not possess transport certificates issued by an authorised agent, and the Order compels him to repatriate them to China. (Ordinance No. 68 of 24 September 1904 amended by Orders No. 25 of 1915 and No. 198 of 1920.) MEXICO.—By the Immigration Act of 12 March 1926 (section 66) and the Health Code of 27 May 1926 (section 85), undertakings for the transport of immigrants must pay a deposit sufficient to guarantee the fulfilment of all obligations which they assume towards the immigrants whom they transport (that is to say, observation in case of severe illness, isolation in case of epidemic, repatriation in case of inadmissibility, etc.) and must add to this deposit whenever necessary. These companies must also maintain in Mexico and in all Mexican territory to which they carry immigrants a representative with power of attorney, who can settle all cases which may arise in which the responsibility of the company is concerned. 248 REGULATIONS FOR PROTECTING THE IMMIGRANT NETHERLANDS : East Indies.—See Chapter III, § 2, for the responsibility of masters of ships that the documents of passengers transported to any destination in this Colony are in order. PARAGUAY.—The Immigration Act of 1903 provides that the Government, in order to arrange for immigrants landing at any of the ports of the Rio dé la Plata or Parana being transported at its expense to Paraguay, shall conclude annual contracts after publicly advertising for tenders to be submitted by shipping companies ; such contracts shall be based on conditions laid down by the General Immigration Office and approved by the State. I t is further provided that masters of vessels transporting immigrants must see that the luggage of the latter is kept in a safe place, and is delivered up on arrival on pain of losing all claim to the passage money of the immigrants transported (sections 8 and 9). U N I T E D STATES.—An Act of 3 March 1893, section 8, declares that all steamship or transportation companies and other owners of vessels regularly engaged in transporting alien immigrants to the United States are required to keep conspicuously exposed to view in the office of each of their agents in foreign countries a copy of the immigration laws of the United States in the language of the country concerned, and they must instruct their agents to call the attention of persons contemplating emigration to this copy before selling tickets to them. . According to the Immigration Act, 1917, section 7, it is unlawful for anyone engaged in the business of transporting aliens to or within the United States directly or indirectly to solicit, invite, or encourage any alien to go to the United States. Anyone violating this provision is liable to either a civil or a criminal prosecution. Moreover, if such an alien is brought to the United States, the persons responsible must pay to the collector of customs 400 dollars for each violation of the provision. If this provision is persistently violated by any transportation company, the Secretary of Labour may deny that company the privilege of landing alien immigrant passengers at United States ports. This provision is not to be held to prevent transportation companies from issuing letters, circulars, or advertisements confined strictly to stating the sailing of their vessels and terms and facilities for transportation. THE ARRIVAL OF IMMIGRANTS 249 CHAPTER VIII T H E ARRIVAL OF I M M I G R A N T S Among the circumstances affecting the person who emigrates, the legal regulations studied in this chapter really concern the critical moment on which depends in great measure the success or failure of his attempt, viz. the moment a t which he is subjected to a whole series of formalities imposed upon him by the authorities of the country where he wishes to take u p residence, and which lead either t o his admission or to his rejection. These formalities, which were formerly carried out a t the frontiers of the countries of immigration, have to a certain extent changed their place. I n order t o avoid as far as possible the complications and expense involved when a person is rejected in a country distant from his country of origin, the immigration countries are seeking to organise preliminary examinations in the country of origin or t h e country of sailing. In this case the admission of the immigrant may occur a t places widely separated from each other, and a t times which may be separated by a journey of several weeks. A distinction must, therefore, be made between the examination or examinations which take place before departure and the examination undergone on arrival, either at' the port of disembarkation or a t the land frontier. As a result of the final examination on arrival, a certain number of individuals are refused admission. A section is devoted to measures concerning the treatment of such persons until they can proceed t o another destination, and the procedure in doubtful cases or when objections are raised t o t h e decision of t h e authorities. F o r everything concerning rejection and consequent repatriation, t h e reader is referred to Chapter X , § 1. 250 THE ARRIVAL OF IMMIGRANTS . Besides the examination properly speaking, which consists in supervising the conditions of each immigrant (physical, moral, and occupational conditions), determining his competence for legal admission into the country, or classing him among the undesirables, there are also various health measures intended to prevent any risk of spreading epidemics and t o safeguard the hygienic conditions of the countries. These are dealt with later. Finally, it should be noted t h a t in order to facilitate t h e enforcement of such supervision, certain ports or frontier stations are frequently considered regular places of transit, and any a t t e m p t t o enter the country a t another point is considered as a case of clandestine immigration. I n recent years a number of regulations have appeared concerning the supervision of immigrants and travellers arriving by air. A special section is devoted t o these. § 1.—Examination upon Departure In the corresponding chapter of Volume I mention is made of t h e examination carried out b y t h e administrative bodies of t h e countries of emigration; here mention is made only of the examination arranged a t t h e point of departure b y t h e country of destination, with t h e tacit or explicit agreement of t h e Governm e n t on whose territory this examination is held. I n this connection it is well t o distinguish between the examination of documents and t h e examination of the persons. As regards the examination of the documents, no mention is made of the usual scrutiny carried out by the consuls before granting a visa, when such scrutiny is applied without distinction t o all travellers. Mention is made only of t h e special regulations for examining t h e documents of immigrants with a view t o eliminating before their departure individuals who will not be admitted. Occasionally it is not t h e consuls b u t special immigration agents who are entrusted with this examination. The examination of persons in foreign territory is a more recent institution. I t must, moreover, be noted t h a t an official supervisory service cannot be set u p in t h e territory of another State without the approval of the country concerned. Agree- EXAMINATION UPON DEPARTURE 251 ments of this nature can do away with many complications for the administrations of the two countries and with many sufferings and injustices for the immigrants, and on this account there is a tendency for them t o develop. The shipping companies, for their part, have the greatest interest in avoiding all risk of t h e rejection of their clients, since this casts a heavy burden upon them. The legislation of immigration as of emigration countries generally charges them with t h e costs of repatriation after rejection. However, the examination carried out before departure is only preliminary; up to the present no country has been willing t o consider it entirely final, and the authorities a t the place of arrival have always the right to refuse an immigrant who was passed a t the first examination if any change has occurred in the health of t h e immigrant, or if the latter has suppressed some fact which prevents his admission. B u t the examination on arrival is generally considerably simplified by the examination on departure, since it is only necessary t o ensure t h a t t h e result of t h e preliminary examination agrees with the present condition of t h e p a r t y concerned. The examination carried out on depart u r e generally covers all points regarding conditions of admission, the physical and mental state of the person, education, etc. With the examinations carried out by officials of the country of immigration, such as are organised by t h e United States and Canada, one may compare the process of selection carried out in countries where immigrants are recruited by representatives of employers who are officially granted t h e power for this purpose, as, for example, the representatives of French employers who are permitted in Poland and in Austria t o examine immigrants as regards their health and their occupation, in agreement with the officials of the country of emigration. This preliminary selection procedure seems to have developed in recent years, as has the organisation of collective migration of workers, by means of bilateral agreements. All Governments, however, do not favour this; certain countries refuse t o allow emigrants to be selected in their territory by representatives of the country of destination or by foreign employers. Such an action necessarily demands t h e consent of the Government on whose territory it takes place, and generally results from a labour treaty or a recruiting agreement. 252 THE ABEIVAL OF IMMIGKANTS BRITISH EMPIRE MANDATED TERRITORY (Under Australian Administration) : Nauru.—All Chinese labourers are, before final selection in Hongkong, examined by an official of the Government of that Colony, who reads and explains the terms of agreement 1 . ARGENTINA.—The instructions for consuls regarding the papers of passengers proceeding to the Argentine Republic (1926) provide t h a t before issuing the consular certificate which is demanded from immigrants on their arrival (cf. Chapter III, § 2) and which contains all information regarding their position, the consul must demand the presentation of a passport and legal certificate 2 , and in some countries a medical certificate also. In case of complications arising on arrival as a result of the loss of one of those necessary documents, the consul must when examining the various papers mark the consular certificate "Documents complete", thus proving that the consular official had demanded the presentation of all the papers which an immigrant must have in his possession (section 3). Some consuls are granted power by the Minister of Foreign Affairs to issue to foreigners who lack certain papers or who do not comply with the general conditions of admission, a special authorisation in the form of a landing permit. Other consuls can act simply as intermediaries tb obtain. this permit in any particular case from the General Immigration Office (section 9). The supervision of the immigrant's position by the consul is evidently considered as a sort of preliminary examination, since, according to the same instructions, the shipping companies are bound to accept as passengers all individuals in possession of papers visaed by the Argentine consuls. Should it be proved that the consul forced the master of a ship to transport a person who does not satisfy the general or special conditions of admission, it is the Argentine consul who is considered responsible for the offence, and he must pay the fine which is legally demanded from the master of a vessel which has transported an immigrant who is not suitable for admission (section 22). AUSTRALIA.—By the Immigration Act, 1901-1925, section 3, the Governor-General may establish Commonwealth medical offices outside the Commonwealth. The Minister may appoint duly qualified medical practitioners to be medical referees either outside or within the Commonwealth. An intending immigrant must be examined as to his physical and mental fitness by a medical referee, and must answer the authorised list of questions put to him by the referee, who, if satisfied that the intending immigrant is of sound health, issues a certificate of health on payment of a fee. If an intending immigrant embarks at a place where there is no medical referee, the examination is; carried out by the ship's medical officer. If the medical referee or the ship'iä medical officer is not satisfied t h a t the intending immigrant is of sound health, the Chief Medical Officer of the Commonwealth Medical Bureau may issue the certificate, but he must not issue a certificate to any person believed by him to be suffering from, or affected with, any disease or disability mentioned in the Act or regulations. All assisted immigrants from Great Britain have t o obtain a medical certificate on an official form from an approved medical referee in Great Britain before a reduced passage is granted. All such immigrants have also to be approved by the Director of Migration and Settlement in respect of their suitability for the work which they are going to undertake in Australia 3. 3 Report to the Council of the League oj Nations on the administration of Nauru during the year 1926. 2 To prove t h a t t h e i m m i g r a n t h a s committed no crime or misdemeanour. 3 OVERSEA SETTLEMENT D E P A B T M E N T : Handbook on the Commonwealth of Australia. London, revised t o 1 J a n . 1927. EXAMINATION UPON DEPARTURE 253 BOLIVIA.—By the Immigration Act of 20 January 1927, the official immigration agents abroad must demand from voluntary immigrants a certificate from the authorities of the district from which they come attesting their character and stating what trade or occupation they carry out, and other details regarding the persons (section 18). BRAZIL.—Immigrants coming to the port of Rio are bound by the Federal Government to fulfill certain formalities before departure. The immigrant must hand to the representatives of the Government of Brazil at the time of embarkation certified documents proving that he has fulfilled the regular conditions. Should no special agent be there, the paper must be signed by a Brazilian consul or consular agent. (Decree No. 16761 of 31 December 1924, section 2.) CANADA.—The Canadian Government decided in 1927 to establish in Europe a Canadian Medical Service, under which the medical examination of prospective settlers in the Dominion is conducted free of charge. The Service is under the control of the Canadian Department of Health, and consists of a chief medical adviser, assisted by twenty-three Canadian doctors. The examination is to be held in London, Bristol, Birmingham, Liverpool, York, Glasgow, Belfast, Paris, Antwerp, Hamburg, Danzig, Riga, and in Italy. The examining doctors will start from these centres and travel over a certain prescribed district, arriving at various points a t fixed dates and hours *. The above regulations have been made in virtue of section 27, (2), of the Immigration Act of 1910-1924, which provides that the Governor-in-Council may make regulations for the inspection of immigrants in the country of their domicile or origin or at any port of call en route or on board ship, but any such inspection does not relieve a transportation company or the owner, agent, consignee, or master of any vessel of any of the obligations, fines, or penalties imposed by the Act, in particular those resulting from the rejection of the immigrant on arrival in Canada. The Department of Immigration and Colonisation maintains offices in the United States, various European countries, and Hongkong. The offices in Great Britain, the Irish Free State and the United States are for recruitment, those in other European countries and in Hongkong are for purposes of inspection and control (see Chapter V, § 1) 2 . According to an announcement made by the Chief Medical Adviser of the Canadian Department of Health in London, all immigrants arriving in the Dominion after 15 February 1928 must undergo the compulsory examination before departure. No further examination will be necessary on arrival unless medical conditions have been concealed, false statements made, or disease conditions have developed in the interval, and passengers will only be liable to rejection on arrival on medical grounds if one or more of the afore-mentioned conditions are present. FRANCE.—It has already been observed that a Circular dated 20 February 1927 instructed French consuls abroad to demand from all foreigners coming to work in France, before granting them a visa, the production of a medical certificate signed by a recognised medical practitioner, stating that the foreigner is fit to carry out his future occupation and also that he is not suffering from any physical or mental disease 1 Communication to t h e I n t e r n a t i o n a l L a b o u r Office from t h e Canadian Advisory Officer t o t h e League of Nations, 2 Cf. Canada and Immigration ; A Brief Review of Policy, Organisation and Practice. Issued b y a u t h o r i t y of t h e Hon. R O B E R T F O R K E , Minister of Immigration and Colonisation. O t t a w a , 1927. 254 THE ARRIVAL OF IMMIGRANTS which makes him undesirable. (Cf. Chapter III, § 1, (i), for the conditions according to which,this certificate should be drawn up.) Moreover, according to agreements concluded between France and Poland, and France and Austria, as regards recruiting, workers are selected before departure by occupational recruiting committees composed of employers (in Poland the General Immigration Society ; in Austria a joint committee recognised by the two Governments). These occupational organisations act in agreement with the authorities of the countries. Selection is made from the occupational and the medical point of view in the recruiting centres themselves. GUATEMALA.—Consuls are exhorted by the Act of 30 April 1909 (section 35, paragraph 15) to see that a voluntary medical examination is held before embarkation, so as to exclude all those who might come in the category of undesirable immigrants. MEXICO.—The foreigner who wishes to immigrate to Mexico must make known his intention beforehand to the nearest Mexican consul his residence or his place of departure. He must fill up a form and certify that its contents are truthful, and must produce documents proving his nationality, his civil status, and his moral character, and the contract of employment into which he has entered. He then receives a personal identity card, bearing his photograph and all information regarding him. However, the possession of this card does not guarantee his right of entry into Mexico, and does not free the immigrant from the necessity of an examination by the health authorities and the immigration authorities on his arrival. (Act of 12 March 1926, sections 15 and 28.) NEW ZEALAND.—Assisted immigrants must submit to the High Commissioner for New Zealand in London a satisfactory medical certificate and certificates of character. Only such persons are accepted as are in the opinion of the High Commissioner suitable in all respects and his decision is final 1. U N I T E D STATES.—The Immigration Act of 1924 provides that a person desiring to migrate t e the United States must apply for a n immigration visa to a United States consul. In his application the future immigrant must state a certain number of particulars, such as his name, age, sex, race, date and place of birth, places of residence during the preceding five years, whether married or single, occupation, personal description, ability to speak, read, and write, names and addresses of nearest relatives, proposed port Of entry into the United States, final destination, whether he has a through ticket to destination, whether he is going to join a 'relative or friend, the purpose for which he is going to the United States, the length of. time he intends to remain there, whether he intends to remain there permanently, whether he has ever been in prison or in an almshouse, and whether he or either of his parents have ever been in an institution for the care of the i nsane. If he claims to be a non-quota immigrant he must give the facts upon which he bases such claim, and he must present such additional information as may be prescribed by regulations for the proper enforcement of the immigration and naturalisation laws. The immigrant must also furnish, if available, two copies of his "dossier " and prison and military records, two copies of his birth certificate, and two copies of all other available public records concerning him kept by the Government to which he owes allegiance. The immigrant must also state in his application whether or not he is a member of any class of individuals 1 OVEBSEA SETTLEMENT DEPARTMENT : Handbook London, revised t o 1 J a n . 1927. on the Dominion of New Zealand. EXAMINATION ON LANDING 255 excluded from admission to the United States. Each copy of the application must be signed by the immigrant in the presence of the consular officer and verified by the oath of the immigrant administered by that officer. The consular officer may issue a n immigration visa to a n applicant, unless it appears to him from statements in the application or in the papers submitted therewith that the immigrant is inadmissible to the United States under the immigration laws. Arrangements have been made with certain countries for prospective immigrants to be examined by United States officers in those countries before the immigration visa-is issued. United States Public Health Service surgeons and immigration inspectors are attached as technical advisers to the consulates in the places concerned, and the immigrant undergoes an intensive examination. Such immigrants do not pass through Ellis Island, but are admitted after a comparatively simple examination at the pier at New York. The countries in which this arrangement exists are Belgium, Czechoslovakia, Denmark, Germany, Great Britain and Northern Ireland, the Irish Free State, Italy, Luxemburg, the Netherlands, Norway, Poland, and Sweden. The Quarantine Act of 15 February 1893 requires American consular officers in all countries to satisfy themselves as to the sanitary and health conditions of ships and passengers sailing for the United States. § 2 . — E x a m i n a t i o n on L a n d i n g The examination on arrival sometimes begins on board the vessel during t h e voyage, or a t least during t h e last stage. However, this examination by inspectors during the voyage is only a preliminary one; the immigrants are systematically examined in t h e port of arrival, generally before reaching land on the boat which has brought them, or else as soon as they land on shore. I n several harbours the supervising services are established in the roadstead on an island as this makes the supervision of clandestine immigration much easier. I n order t o avoid possible deception, the ship is generally not allowed t o touch land before the officials have come on board for the examination. If t h e immigrants are permitted t o disembark before this, they are always isolated until all the formalities for admission have been carried out. I n order t o simplify the examination, the masters of ships are generally required t o hand in a list of passengers or of individual certificates, and t o show the journal of t h e voyage stating all events which have happened during the crossing, in particular any deaths, births, or illnesses. Sometimes the immigrants have to reply in writing to a number of questions drawn u p in a form which constitutes a written declaration; any false statement in this declaration renders t h e person concerned liable t o be punished. 256 THE ARRIVAL OF IMMIGRANTS The examination for admission is very complex. It includes a scrutiny of the documents, a medical examination, and possibly an examination of the means of the immigrant, his standard of education, etc., according to the conditions demanded for admission. Very often officials belonging to different services are present at each of these examinations (police officers, doctors belonging to the public health service, immigration commissioners, agents of the Treasury, etc.). The customs inspection is passed either at the same time or immediately after, and the payment of entrance taxes takes place during the formalities of admission. The landing of immigrants who are admitted, or their departure from that part of the harbour where the examination took place, is allowed only after all formalities have been completed. The regulations regarding doubtful cases or objections made to the decision of the examining authorities are studied later in § 5. BRITISH EMPIRE MANDATED TERRITORY (Under Australian Administration) : Nauru.—On arrival at Nauru, Chinese labourers are examined by the Government medical officer to ensure that they are free from contagious or infectious diseases. The agreement (see Chapter VI, § 3) is read and explained to the labourers by the Administrator, through the Government interpreter, and is signed by them \ BRITISH MANDATED TERRITORIES ¡Palestine.—The master of any ship landing ten or more passengers at any port in Palestine shall immediately on the arrival of the ship furnish the immigration officer stationed at the port with a return of the passengers (Immigration Ordinance, No. 32 of 1925, section 9). The Regulations under the Ordinance stipulate t h a t the list must contain the names of the passengers, their countries of origin, whether they are men, women, or children, their destinations, and what passports òr other similar documents they possess (Regulation 16). The master of any vessel shall, if so required, produce for the scrutiny of the port officer any of the official documents of the vessel, and submit a written declaration stating that there are no persons on board other than those mentioned in the passenger list or the crew. (Immigration Regulations, 15 March 1926, Regulation 5.) A port officer may curtail or prohibit for such time as he thinks necessary any communication with the shore, or any other vessel by a vessel landing ten or more passengers at any port in Palestine. (Ibid., Regulation 1.) Tanganyika.—No person arriving in the Territory by sea may disembark without the consent of both the immigration officer and a medical officer. Every person entering the Territory must truthfully answer all questions put to him by the immigration officer, and must, also, if required. by the immigration officer : (a) make and sign the prescribed declaration, and (b) submit to be examined by a medical officer. The master of a ship arriving from any place outside the Territory or departing from the Territory must, if required, furnish the immigration 1 Report to the Council of the League of Nations on the administration of Nauru during the year 1926. EXAMINATION ON LANDING 257 officer with a list in duplicate signed by himself of the names of all passengers in the ship and such other information as may be prescribed, and every passenger must supply the information necessary for this purpose. (Immigration Ordinance, No. 16 of 1924, sections 10 and 11.) F R E N C H M A N D A T E D T E R R I T O R Y : Togo.—The Order No. 71 of 31 January 1927 laid down for Togo the conditions of enforcement of the Decree of 30 October 1926, which stated the conditions of admission of immigrants to Togo and the Cameroons. Every person of French or other nationality must on entering the Territory present to the competent authorities his passport to be visaed, on pain of immediate rejection or expulsion. If he enters by the port of Lome the passport is examined by the Commissioner of the Republic or his representative immediately on landing. At the port of Anecho it is presented to the district commandant (section 1). J A P A N E S E M A N D A T E D T E R R I T O R Y : South Sea I s l a n d s . — Ordinance No. 1 of 2 February 1925 states that the competent police officials (section 3) may demand from foreigners landing in the Islands a passport or a certificate of origin and all necessary information, in particular such as will show whether or not they satisfy the conditions of admission laid down in section 1 of the same Order. (Cf. Chapter I I I , § 1, (b), ($), and (i).) These provisions do not apply to foreign diplomatic and consular officials, members of their families, officials attached to persons in charge of official missions, or to members of the crews of foreign vessels anchored in South Sea Island ports. N E W ZEALAND M A N D A T E D T E R R I T O R Y : W e s t e r n S a m o a . — Every person arriving in Samoa from overseas must make a written declaration of his name, nationality, residence, birthplace, occupation, etc., before he is permitted to land. This formality is not required of passengers who are in transit to any place beyond Samoa and will leave Samoa by the same vessel on its departure from the Territory. Regulations made under the Immigration Restriction Act, 1920, of New Zealand are declared to apply to Samoa as if that Territory were part of New Zealand. (Immigration Consolidation Order, 1924, section 2, 3, (1), 3, (2)-) S O U T H A F R I C A N M A N D A T E D T E R R I T O R Y : South-West Africa.—-By the Immigrants Regulation Proclamation, 1924, it is provided that the master of any ship entering the Territory must deliver to an immigration officer on demand : (1) a list of all passengers on board ; (2) a list of all stowaways discovered on board; (3) a list of the crew and all persons employed on board ; (4) a certificate of the medical officer of the ship stating any known case of disease which has occurred on the voyage, or any known cases of mental infirmity or affliction (section 8, (d)). An immigration officer may board any ship which enters a port (section 7, (1)). He may regulate or prohibit any communication with the shore or a ship undergoing examination (section 7, (2)). Every person arriving at any port or found in the Colony must, if required, appear before an immigration officer and (a) make and sign a declaration in the prescribed form ; (b) produce documentary or other evidence relative to his claim to enter or be in the Territory; (c) submit to an examination or test ; (d) if he is suspected of being afflicted with any disease or physical infirmity which would render him a prohibited immigrant, submit to an examination by a medical practitioner designated by the Administrator (section 15). The Immigration Regulations, 1924, provide that the medical examination of any passenger seeking to land shall take place on the ship or at such other place as may be convenient and as soon as possible after the arrival 17 258 THE ARRIVAL OF IMMIGRANTS of the ship. (Regulation 17, (2)). All passengers for ports of the Territory and passengers in transit for porbs outside the Territory whom the immigration officer may deem it necessary to examine shall ordinarily be examined a t the ship's first port of call. (Regulation 7). When the immigration officer has notified the master or owner of a ship t h a t any person or persons on board are prohibited immigrants and such persons land without proper authority, the master or owner shall forfeit a sum to be fixed by the Administrator. (Immigrants Regulation Proclamation, 1924, section 10.) A R G E N T I N A . — B y the Act, of 1876 and the Decree of 31 December 1923, the examination of immigrants is carried out on board ship by a committee (junta) consisting of an immigration inspector as chairman, a medical man as technical assessor, and, as assistant, an official of the port authorities with permission to use such of the public forces as the immigration inspector may consider necessary; an interpreter may also be added t o the committee. The immigration inspector generally boards the ship at the last port of call, Montevideo, and begins his examination of the immigrants during the last part of the voyage. On arrival at the Argentine port the ship must be anchored in the place fixed by the inspectors, after which the inspection committee, composed as stated above, comes on board to inspect the immigrants, unless a decision of the Minister shall have arranged that in the port in question the examination must be held on land in a place appointed for this purpose. The examination takes place during the day; if it cannot be carried out completely on the first day, it will be continued on the following days. The master of a ship being examined must hand to the committee : (1) a declaration countersigned by the Argentine consul in the port of sailing certifying that the master knows and possesses the Immigration Act and the complementary Regulations; (2) an immigration certificate relating to the incidents of the voyage ; (3) a list of passengers stating their name, age, sex, whether married or single, nationality, religion, occupation, ability to read and write, their places of departure and destinations. This list must be signed by the Argentine consuls in the port of departure and the ports of call ; (4) a special list of passengers travelling to adjacent countries : Uruguay, Brazil, Paraguay, and Bolivia; (5) the medical diary containing all observations made by the medical officer on board during the voyage; (6) the papers of each immigrant (passport, legal certificate, consular certificate) and also an individual statistical form drawn up according to a specimen supplied by the General Immigration Office and filled up by the ship's authorities from the personal papers of each immigrant. During the inspection the committee listens to any claims or complaints which the passengers have to make. These are noted in writing and signed by the persons making them. A report of the examination is drawn up containing the names of passengers or immigrants who have not been permitted to land and signed by the inspector, the medical officer, the official of the port authorities, and the master of the ship. When the examination is over, disembarkation begins. Those passengers who do not wish to benefit by the advantages granted to immigrants by the law are allowed to disembark first, and in such manner as they like. Passengers in the second and third classes who claim to be immigrants, and wish to enjoy the consequent advantages, are taken with their luggage on board a special steamer to the Immigrants' Hostel. No individual is allowed to undertake the disembarkation of immigrants without authority from the Immigration 'Office. In order not to complicate the supervision of immigrants on arrival, the Decree of 13 March 1925 strictly forbids the public to have access to the port of disembarkation at Buenos Ayres. Admission is granted only EXAMINATION ON LANDING 259 to diplomatic and consular agents and the agents of shipping companies who are on duty there and who must be provided with an official card. AUSTRALIA.—The Immigration Regulations, 1913-1914 (Regulation 15, (1)), provide that the master of a vessel arriving at any port in the Commonwealth with passengers on board shall, before making entry at the Customs, deliver to an officer a list of all the passengers for the port, specifying, to the best of his knowledge, the name, nationality, race, place of shipment, and calling or occupation of each passenger. By the Immigration Act, 1901-1925, the master of a ship has to report on arrival at the first port of entry all cases in which a certificate of health has been issued by the ship's medical officer (section SF). The medical officer has to certify at the port of entry that immigrants have been examined on the voyage, and report all cases of intending immigrants who on the voyage have shown indications of suffering from or being affected with any disease or disability (section 3G). All certificates of health issued to intending immigrants have to be attached to the passenger list and handed to an officer at the port of entry (section 3H). A collector or sub-collector of customs may, if he thinks fit, permit an intending immigrant who on arrival in the Commonwealth, does not possess a certificate of health in the prescribed form to be examined as to his physical and mental fitness by a medical referee upon payment of the prescribed fee, and an officer may detain an intending immigrant on his arrival for further examination by a medical referee as to his physical and mental fitness (sections 3E, (1), and 31). Any immigrant who evades an officer or who enters the Commonwealth at any place where no officer is stationed may, if at any time thereafter he is found within the Commonwealth, be required to pass the dictation test, and if he fails to do so is deemed to be a prohibited immigrant offending against this Act (section 5, (a) and (b)). BOLIVIA.—Immigration agents abroad must send along with each group of immigrants a list of the individuals composing it, together with the name of the vessel on which they are travelling, the date of embarkation, the names and Christian names of all immigrants, and their sex, age, civil status, nationality, occupation, ability to read and write, place of departure and destination. The list must also state whether the immigrants are travelling as voluntary immigrants or whether they are engaged by contract with any immigration or settlement undertaking. (Act of 20 January 1927, section 17.) BRAZIL.—Shipping companies must inform the federal authorities at least two days in advance of the date of arrival at the first Brazilian port of call of any of their vessels bearing immigrants, so as to avoid any delay in the inspection of the latter. The master of a ship coming from a foreign port must as soon as his ship arrives in a Brazilian port hand to the competent federal body a list of all the passengers on board who are to land or to pass in transit, together with detailed information regarding such passengers, their names, ages, sex, nationality, occupation, degree of relationship with the head of the family, religion, standard of education, place or country of last residence, port of sailing, and port of destination, as well as a detailed list of the luggage belonging to such immigrants as are to disembark. I n the port of Rio de Janeiro the immigration superintendent and the inspectors must receive these lists, examine their accuracy, complete any blanks, and, in short, supervise the work of disembarkation. All second-class and third-class passengers must pass through the hostel on the Ilha das Flores, which is directly controlled by the immigration superintendent and is situated in Rio Bay. The medical examination on land is held there if in the opinion of the General Directorate of Settlement 260 THE ARRIVAL OF IMMIGRANTS and of the National Public Health Department the inspection cannot take place on board. The passengers are there identified by the police of the federal district. Immigrants suffering from illness are treated in the sick-room, or if necessary are transported to a hospital in the city. (Decree of 31 March 1924, section 2, and Instructions for its enforcement dated 30 June 1925.) In other ports of the country these examinations are generally held on board by the immigration inspectors, who also supervise the immigrants' hostels. At the port of Santos immigrants are examined by the immigration inspectors of this port, and when they have landed they are taken by rail to the Immigrants' Hostel established at Säo Paulo by the Labour Department of this State. CANADA.—Upon arrival in Canada, immigrants are subject to a civil and medical inspection, the former for the purpose of ascertaining that they have a home and employment to go to and are not likely to become a public charge ; the latter to safeguard the public health of Canada and to ascertain that the person desiring to be admitted is capable of earning his or her own living., and is not afflicted with any infectious or contagious disease or suffering from physical or mental infirmity which might tend to their becoming a charge upon the public later on. The Immigration Act, 1910-1924 (section 31, (3)), and the Order in Council, 15 February 1911 (P.C. 269), provide that it is the duty of transportation companies to provide, equip, and maintain suitable buildings for the examination and detention of passengers for any purpose under the Immigration Act at every port of entry and border station designated by the Minister of Immigration and Colonisation of Canada at which they carry on their business. Passengers must be landed at the time and place designated by the officerin-charge. The master of the ship must furnish to the officer a bill of health in a form prescribed by the Act, which must be certified by the medical officer of the vessel (section 26). No passenger may leave the vessel until the inspection has been made (section 29). When a ship arrives, the immigration officer may go on board and inspect the vessel ; he may examine the manifest of passengers and the bill of health (section 27). Every immigrant seeking to enter Canada must be examined by medical and examining officers (section 28), and must answer truly any question put to him by the examining officer (section 33, (2)). The master of every vessel arriving at a Canadian port must deliver to the immigration officer a list or manifest in the prescribed form. This manifest must show the names of all passengers and stowaways; it must show whether any of the persons are suffering from any disease or physical defect which may be a cause for rejection, and if so must state whether they are accompanied by relatives able to support them ; it must also state whether there has been any change in the condition of a passenger or stowaway. The Surgeon of the vessel must also sign a manifest and state that he has made a personal examination of each passenger. If there is no surgeon on the ship, a certificate must be signed by the competent surgeon at the port of embarkation to the effect that he has made the examination and that the manifest is correct (section 49, (1)). Stowaways must be manifested and produced for inspection in the same manner as other passengers, and the fact that they were stowaways should be shown on the manifest. In addition, the ship's surgeon, if there is one, or otherwise the master, must furnish the officer at the port of arrival with a full report concerning diseases, injuries, births, and deaths developing or occurring on the voyage (section 49, (2)). The master of any vessel is liable to a fine of not less than $20 or more t h a n $100 in respect of every passenger whose name appears on the manifest, and for whom he is not able to account (section 50). EXAMINATION ON LANDING 261 According to the Immigration Rules, 1924, third-class or steerage passengers bound for Canada via the United States ports of Portland, Boston, New York, and San Francisco are examined at these ports, and, if admitted, each immigrant is furnished with a card officially stamped and initialed by the Canadian Immigration Officers at the ports mentioned (Rule 7, (2)). This card entitles the holder to enter Canada without examination at the international boundary except for purposes of identification. When applying the reading test (see Chapter I I I , § 1, (e)), officers must use the printed and numbered slips supplied by the Department of Immigration and Colonisation. If the examining inspector cannot speak or understand the language of a particular immigrant and no qualified interpreter is available, special slips are used; the sentences on these slips are instructions to the person concerned to do several simple acts (Rule 5, (2) and (3)). By the Chinese Immigration Act, 1923, no controller at any port may grant a permit allowing any person of Chinese origin or descent to leave the vessel until the quarantine officer has granted a bill of health, and has certified, after due examination, that no leprosy or infectious, contagious, loathsome, or dangerous disease exists on board such vessel; and no permit to land may be granted to any person of Chinese origin or descent who is of the prohibited classes (section 20, (2)). Every master of a vessel bringing persons of Chinese origin or descent to any port or place in Canada is personally liable for the production of such persons to the controller, and must deliver to the controller immediately on his arrival in port, and before any of his Chinese crew and passengers disembark, a complete and accurate list of his crew, passengers, and stowaways, or other persons, showing the names in full, the country and place of their birth, and the occupation and last place of domicile of each of such passengers (section 21, (2)). Section 10 of the same Act authorises the controller to decide whether an immigrant seeking to enter or land in Canada but retained for any reason is of Chinese origin or descent. If it is proved that the immigrant is of Chinese origin or descent, the controller shall decide whether he can permit him to enter Canada or whether he shall be rejected or deported. The examination of Chinese wishing to enter Canada must take place in private. COLOMBIA.—By Act No. 114 of 30 December 1922 (section 14), the medical officers of the health department of the ports must make immigrants undergo an individual examination and draw up a certificate for which they accept responsibility. The immigrants provided with these certificates immediately present themselves to the immigration committee for the formalities of admission. COSTA RICA.—Every ship arriving at a port in [Costa Rica must, before having any communication with the land, be "recognised" by the head of the health service who examines its sanitary condition, finds out the port of origin of the vessel, and the present and past general conditions as shown by the journal of the ship's medical officer. He also collects information as to the list of passengers and crew and examines individuals one by one, comparing them with the list. He also examines the health of the crew. After the medical examination, the port authorities examine the papers of the immigrants to make sure that there are none who belong to the classes for. which immigration is prohibited. (Act of 31 August 1914, and Maritime Health Regulations of 16 December 1924.) If there is found on board during the health examination any individual belonging to a race not allowed to immigrate, he will be forbidden to land, and a report of this step will be handed to the master of the ship by the port officers who carry out the inspection. (Decree of 10 June 1904, section 2.) 262 THE ARRIVAL OF IMMIGRANTS CUBA.—By Decree No. 384 of 2 March 1925 (section 13), every person who disembarks in a Cuban port may be required to identify himself by a fingerprint test, at the discretion of the Immigration Commissioners. \ Special regulations exist for the identification of Chinese immigrants (cf. Chapter I I I , § 1, (d)) by Decree No. 570 of 27 April 1926 \ FRANCE.—By the Health Regulations of the authorities dated 8 October 1927, the Health Department, if it considers it necessary, may examine passengers on board any ship arriving in a French or Algerian port. Ships Which are considered dangerous because they are crowded with persons living in unsatisfactory conditions, especially ships full of migrants, may at any time be subjected to special precautions (sections 2 and 57). The medical supervision of migrants is particularly organised in the ports of Havre and Marseilles. Colonies.—Aliens arriving in West Africa must deliver to the Immigration Commissioner identity cards on a special form which will be given them on board, and which must be filled up before landing. Should the Immigration Commissioner consider it necessary, they are subjected to medical examination and any prophylactic measures which may be desirable. (Decree of 24 January 1925, sections 3 and 9.) In the Establishments in Ocearda and in Madagascar alien native workers who are classed as immigrants recruited collectively under the system of regulated immigration (Decree of 24 February 1920 in the Establishments in Oceania and of 6 May 1903 in Madagascar) are examined on the arrival of the ship by a committee formed of officials of the Immigration Department and of the Health Department along with the port officer. This committee examines the identity of the passengers according to the list of names drawn up on embarkation and delivered to the captain of the vessel, interrogates the immigrants, receives any statements and complaints regarding their treatment during the voyage, makes sure that the regulations have been carried out on board, and notes any births or deaths which may have taken place. The master of the ship must not allow any immigrants to land before they have received authority to do so from the Immigration Commissioner (sections 15 and 16). Somewhat similar provisions are in force in Guadeloupe, Guiana, and Réunion. In Cochin-China2, by the Order of 16 October 1906, every vessel arriving at Saigon is examined on arrival by the immigration officials. The master must make a written declaration of the number of Asiatics amongst the crew and of Asiatic passengers on board proceeding to Cochin-China. The immigration supervisors have the right to visit ships in the roadstead and to see that no Asiatics disembark whose destination is not in that port. In order to prevent clandestine immigration, they may also visit any houses 1 Immigrants arriving at Havana are received at the immigration station oí Tiscornia, where Jarge buildings have recently been erected for the medical examination of the immigrants' and for providing lodgings until they obtain employment. 2 By the Order of 25 Oct. 1927, applicable to all countries of the Indo-China Union, Asiatic immigrants engaged for satisfying the needs of agricultural or industrial undertakings must undergo, before landing, an individual medical examination carried out by a medical officer of the Health Department and also comply with any local regulations regarding the admission of Asiatic and similar aliens. Their fingerprints are taken by the Immigration or Identity Department, and if their destination is a country in the Union different from that in which they land their identity card is drawn up in duplicate and one copy is sent to the Immigration Department of the country of their destination. Immigrants are then compulsorily received in the immigration depot, where they are kept at the expense of the person who has engaged them until they proceed to their employment (sections 19, 22, and 23). EXAMINATION ON LANDING 263 or public establishments kept by aliens or natives. The police must support them, if necessary. For Tunis, see § 6 as regards the health examination. GREAT BRITAIN.—According to the Merchant Shipping Act, 1894, section 336, the master of every ship bringing steerage passengers to the British Isles shall, within twenty-four hours after arrival, deliver to the emigration officer at the port of arrival a correct list, signed by the master, specifying the name, age, and calling of every steerage passenger embarked, and the port at which he embarked, and showing also any birth which has occurred and, if any steerage passenger has died, his name and the supposed cause of his death. Under section 3 of the Aliens Order, 1920 : (1) an immigration officer or a medical inspector may inspect any alien seeking to land in the United Kingdom, and any such inspection should be made as soon as practicable after his arrival; (2) for the purpose of any such inspection, an alien may land subject to such conditions as may be imposed either by the immigration officer or by the Secretary of State, and any alien on whom such a condition is imposed shall not, for the purposes of this Order, be taken to have landed so long as the conditions are complied with. An alien conditionally landed may be detained in such manner as the Secretary of State may direct, and whilst so detained is deemed to be in legal custody. The Secretary of State may prescribe for security to be given by the owners, agents or master of the ship in the case of aliens conditionally landed; (3) where leave to land is refused to an alien, the alien may, with the leave of a n immigration officer, be placed temporarily on shore and detained a t some place approved by the Secretary of State, and whilst so detained should be deemed to be in legal custody and not to have landed (section 3, (8)). Colonies.—The master of a ship arriving in a colony is generally obliged to deliver to the immigration officer or port officer a written list of the passengers on board the ship. (Barbados : Immigration of Paupers (Prevention) Act, 1909, section 2, (4); Bermuda : Immigration Act, No. 58 of 1902, section 6 ; Bahamas : Immigrant Paupers (Prevention) Act, 1908, section 3 ; Borneo, North Borneo : Indian Immigration Proclamation, 1891 ; Federated Malay States : Passengers Restriction Enactment, No. 6 of 1922, section 5, and Labour Code Enactment, No. 18 of 1923, section 19,(1); Fiji : Immigration Restriction Ordinance, No. 17 of 1909, as amended by No. 7 of 1917, section 3 and 4; Gambia : Immigration Restriction Ordinance, No. 12 of 1924, section 6; Gilbert and Ellice Islands : Aliens Immigration Restriction Ordinance, No 6 of 1924, section 6 ; British Guiana : Destitute and Criminal Immigrants Regulation Ordinance, No. 4 of 1896; British Honduras : Immigration of Undesirable Persons Ordinance, No. 20 of 1921, section 3; Nigeria: Immigration Restriction Ordinance, 1918, section 6; Solomon Islands : Aliens Immigration Restriction Regulation, 1924; Somaliland : Immigration Restriction Ordinance, No. 4 of 1924, section 7, (1) ; Straits Settlements : Passengers Restriction Ordinance, No. 169 of 1919, section 3 (4); Unfederated Malay States, Johore : Labour Code Enactment, No. 10 of 1924, section 19 ; Zanzibar : Immigration Regulation and Restriction Decree, No. 8 of 1923, section 15.) The laws of Barbados and the Bahama Islands and the Federated Malay States stipulate that this list must show the age and sex of the immigrant, whether he or she can read or write, whether married or single, the calling or occupation of the immigrant, place of birth, nationality, last residence, reason for coming to the colony, etc. Barbados: idem, section 2, (4); Bahamas : idem ; Federated Malay States : Passengers Restriction Enactment, No. 6 of 1922, section 5. I n North Borneo, by the Indian Immigration Proclamation, 1891, the master of a ship carrying Indian immigrants must transmit to the Indian immigration agent any passenger list relating to such immigrants, and the Indian immigration agent must note in writing on the list whether each 264 THE ARRIVAL OF IMMIGRANTS immigrant named therein has arrived or not and, if not, the cause of his non-arrival, and shall transmit to the proper Government department in India a copy of this list when requested. In the following colonies the master may not permit any passenger to disembark until all the passengers have been examined and permission to land has been given : Bermuda : idem, section 7 ; Federated Malay States : Passengers Restriction Enactment, No. 6 of 1922, section 3; Gambia: idem, section 7; British Honduras: idem, section 3; Somaliland : idem, section 7, (2); Straits Settlements : Passengers Restriction Ordinance, No. 169 of 1919, section 6. There may be no communication with the shore until the requirements of examination have been carried out. (Federated Malay States : Passengers Restriction Enactment, No. 6 of 1922, section 3, and Labour Code, No. 18 of 1923, section 13; British Honduras : idem, section 3; Unfederated Malay States, Johore : Labour Code, No. 10 of 1924, section 13.) Provision is made for the usual civil or medical examination of passengers on arrival in : Barbados : Immigration of Paupers (Prevention) Act, 1909, section 2, (1); Bahamas: Immigrant Paupers (Prevention) Act, 1908, section 4; Federated Malay States : Passengers Restriction Enactment, No. 6 of 1922, sections 3, 4 and 6, and Aliens Restriction Enactment, No. 12 of 1922, section 3 ; Fiji : Immigration Restriction Ordinance, No. 17 of 1923, sections 3 and 7 ; Gilbert and Ellice Islands : Aliens Immigration Restriction Ordinance, No. 6 of 1924, sections 8-11 ; Gold Coast : Immigration Restriction Ordinance, No. 9 of 1925, section 7 ; British Guiana : Destitute and Criminal Immigrants Regulation Ordinance, No. 4 of 1896, sections 3, 12, and 14, and Immigration Restriction Ordinance, 1918, sections 6,7,9-12 ; Nyasaland : Immigration Ordinance, No. 17 of 1922, section 9; Solomon Islands : Aliens Immigration Restriction Regulation, 1924, sections 6 and 1 1 ; Somaliland: Immigration Ordinance, No. 4 of 1924, sections 8,10, and 11 ; Uganda : Immigration Rules, 1921, amended in 1922, sections 4, 5, and 6; Unfederated Malay States, Johore : Aliens Restriction Enactment, No. 6 of 1923, section 3 ; Kelantan : Indigent Aliens Immigration Enactment, No. 6 of 1914, sections 2 and 3. The examination of immigrants entering a colony as labourers under contract is of a different character, The immigrant may first be examined to see if he has received a free passage under a promise to work in the colony. (North Borneo : Indian Immigration Proclamation, 1891, section 22 ; Brunei : Indian Immigration Enactment, 1924, section 17; Federated Malay States : Labour Code Enactment, No. 18 of 1923, section 20, referring to Chinese immigrants; Straits Settlements : Labour Code, 1923, section 60, (1), referring to Chinese immigrants ; Unfederated Malay States, Johore : Labour Code, No. 10 of 1924, section 20, referring to Chinese immigrants.) An immigrant may be detained at a depot until he has made arrangements for the payment of his debt. (North Borneo : idem, section 23; Federated Malay States : idem, section 24, referring to Chinese immigrants ; Johore : idem, section 24, referring to Chinese immigrants.) Immigrants who are indebted l'or passage money are conveyed to an examination depot for a medical examination to ascertain whether they are fit for service. (North Borneo : idem, section 22 ; Brunei : idem, section 17 ; Federated Malay States : idem, section 20, referring to Chinese immigrants, and section 44 referring to Indian immigrants; Federated Malay States: Netherlands Indian Labourers' Protection Enactment, 1909, as amended by the Federal Enactment, No. 23 of 1910, section 5, (a) ; Straits Settlements : idem, section 60, (1); Unfederated Malay States, Johore : idem, section 20, referring to Chinese immigrants, and section 44, referring to Indian immigrants.) By Notification No. 301 of 11 January 1924 under the Labour Code of the Federated Malay States, Port Swettenham is declared a compound for the inspection of immigrants. In the Straits Settlements by the Labour Ordinance, 1923, P a r t I I I , section 51, (4), the Colonial Secretary is empowered EXAMINATION ON LANDING 265 to establish at each of the ports of Penang, Malacca, and Singapore depots for the examination and detention of immigrants. If it is found upon examination that an immigrant is unfit for work, he may be sent to a Government hospital for treatment, and if found incurable or permanently incapacitated he may be repatriated. (North Borneo : idem, section 24, and Labour Ordinance, 1916, section 28; Brunei : idem, section 28; Federated Malay States : Labour Code, sections 25, (i), and 44, (i), and Netherlands Indian Labourers' Protection Enactment, section 5, (a) ; Straits Settlements : idem, sections 62, (i), and 83; Unfederated Malay States, Johore : idem, sections 25 and 44, (i).) The cost of the medical examination must be borne by the creditor of the immigrant, in : North Borneo : Labour Ordinance, 1916, section 28; Brunei : idem, section 17; Federated Malay States: Labour Code, sections 25, (i), and 44, (ii) ; Federated Malay States : Netherlands Indian Labourers' Protection Enactment, section 5, (a) ; Straits Settlements : idem, section 62, (i); Unfederated Malay States, Johore : idem, section 25, (i). In British Guiana the Immigration Ordinance of 1891 provides for the inspection on arrival of all immigrants on board who are sick and their transference to the Colonial Hospital (section 46). In Jamaica and Trinidad and Tobago both the ship and the immigrants must be inspected to see that the provisions of the British Statutes relating to the transport of immigrants have been carried out, and the immigrants must also be inspected to see that they are fit for work. (Jamaica : Immigration Protection and Regulation Law, No. 23 of 1879, sections 76 and 77; Trinidad and Tobago : Immigration Ordinance, No. 26 of 1916, sections 49 and 50.) GREECE.—Section 2 of the Ordinance of 23 June 1927 makes it compulsory for all persons entering Greek territory to undergo an examination by the competent police authorities. GUATEMALA.—On arriving in the territory of the Republic every immigrant must present himself to the port authorities or the frontier authorities with documents showing where he has come from and his antecedents and a certificate of good character, in order that these documents may be countersigned. Port officers and frontier posts must keep a book in which they note the names of all persons, nationals or aliens, who enter or leave, with remarks as to age, nationality, occupation, place of origin and destination. An extract from this register must be sent every month to the Ministry of Foreign Affairs to be entered in the general register of all the persons entering or leaving the country. (Decree No. 936 of 7 December 1926, sections 31 and 34.) HAITI.—Every ship arriving in a port in Haiti from abroad must deliver to the port authorities a list in triplicate of all passengers who are disembarking, stating their name, age, occupation, nationality, etc. (Act of 23 January 1925.) I R I S H F R E E STATE.—The immigration officer or a medical inspector may inspect any alien seeking to land in the Irish Free State, and any such inspection shall be made as soon as practicable after his arrival. Aliens conditionally landed may be detained in such manner as the Minister may direct and whilst so detained shall be deemed to be in legal custody. The Minister may provide for security to be given by the owners, agents or master of the ship in the case of aliens conditionally landed. (Aliens Order, 1925, section 3, (1), (2), and (8).) MEXICO.—By the Health Code of 27 May 1925 (sections 70-93) and the Migration Act of 12 March 1926 (section 43), every ship bringing passengers 266 THE ARRIVAL OF IMMIGRANTS must, before they disembark, be visited by the port health authorities, the customs officials, and officials of the Migration Department. If the health conditions of the vessel permit it, these examinations are held a t the same time. The ship's authorities must deliver a list of all passengers who wish to disembark, showing those who are sick, according to the opinion of the medical officer on board. All passengers disembarking are then subject to a medical examination. Individuals suffering from an acute contagious disease are taken to the lazaret until they have recovered. The cost of treatment of immigrants is borne by the undertaking which shipped them. Individuals suffering from a chronic contagious disease are not permitted to land. Individuals suspected of belonging to one of the prohibited classes are kept under observation on board the ship or in the sick-room of the vessel under the supervision of the health and immigration authorities at the expense of the companies which shipped them. The same is done with passengers whose state of health is doubtful. If they cannot show a certificate of vaccination less than five years old, immigrants who are admitted may not disembark until they have been vaccinated or re-vaccinated. These 'provisions apply to immigrants arriving by land, air, or sea. The Immigration Act of 12 March 1926 lays down that passengers must disembark a t the place and time fixed by the immigration officer in agreement with the port authorities. Every precaution must be taken to see t h a t individuals who are not to be admitted are prevented from landing. Individuals who disembark at a place or time not fixed by the above authorities will be considered as landing illegally and will at once be re-embarked (sections 41-44). After the examination the immigration officer will draw up a list of persons not permitted to land, as well as a report of his examination mentioning the names of all undesirable individuals. This document is signed by the master of the ship, the consignee, and the Mexican authorities, and a copy is sent to the Ministry of the Interior. The list of persons rejected is handed to the ship's authorities so that they, on their own responsibility, may exert all possible vigilance (section 49). On arriving in Mexico by any method, the alien who wishes to immigrate must hand to the migration authorities his personal identity card and documents proving t h a t he is of good character, exercises a n honest occupation, and is provided with a contract of employment or such resources as are demanded by the Migration Act and Regulations. He must certify the truth of his statements. The migration authorities at the place of entrance must examine his statement and, on admitting the immigrant, must stamp his identity card, as the absence of this stamp is considered within Mexico as a proof that the immigrant has entered bv illegal means (sections 28, 36, and 37). N E T H E R L A N D S : E a s t Indies.—The master of any ship bringing passengers on board must, on arrival, hand to the disembarkation officer a signed list of these passengers. (Royal Order No. 32 of 15 October 1915, section 2.) Unless special orders are given by the official supervising disembarkation, Dutch citizens from the Mother country and aliens coming under the class of Europeans who are admitted must, on arrival in the Colony, immediately present their disembarkation permit to the immigration committee in exchange for an admission ticket. If the person on landing does not appear of his own free will, the immigration committee may employ the police to force his attendance, and if the immigrant's situation appears doubtful he may be kept under supervision. Those travellling first or second class are not subject to this obligation. (Royal Order No. 32 of 15 October 1915 ; section 4, and Ordinance of 29 November 1917 (I.S.,No. 693), sections 6 and 7.) EXAMINATION ON LANDING 267 NEWFOUNDLAND.—The master of any ship landing passengers at any port in the Colony must furnish a return giving particulars of any such passengers as are aliens, and the passengers must furnish the master with such information as is needed for this purpose. (Consolidated Statutes of Newfoundland, 1916, Chapter 77 ("Of Aliens and Immigration"), section 5, (1).) No immigrant may be landed without the leave of the Collector of Customs at the port, given after an inspection of the immigrants made by him and by a medical inspector. An immigrant disembarked for the purpose of inspection is not deemed to have landed. (Idem, section 1.) The Governor-in-Council may, subject to such conditions as he thinks fit to impose, exempt any immigrant ships from the provisions of this section if he is satisfied that a proper system is being maintained for preventing the embarkation of undesirable immigrants on those ships, or if security is given that undesirable immigrants will not be landed except for purposes of transit. (Idem, section 1, (4).) By the Immigration Act, 1926 (section 9, (1)), before any immigrants or other persons are permitted to leave a vessel, the immigration officer or any officer directed to do so may go on board and inspect the vessel and examine the manifest of passengers and the bill of health. The master must permit any examination of passengers required under the Act to be made on board his vessel whenever so directed by the immigration officer (section 9, (2)). Every immigrant seeking to land must first appear before an immigration officer and be examined (section 10, (1)). He must answer truly all questions put to him by the officer (section 10, (2)). Every immigrant as to whose right to land the examining officer has any doubt must be detained for further examination by the officer or the Minister (section 10, (3)). N E W ZEALAND.—Regulations under the Immigration Restriction Acts provide that the officer of customs shall board every vessel arriving from places outside New Zealand. The master of every such vessel shall deliver to the officer of customs the passenger-list and crew-list, and shall certify in writing whether there is any passenger or member of the crew whose entry into New Zealand is prohibited. The master must make suitable arrangements to the satisfaction of the officer of customs for enabling him to inspect and examine each passenger and each member of the crew. (Order in Council, 1921, sections 4-6.) PANAMA.—The medical officer of the port Health Department must carefully examine all aliens arriving in the country with the intention of settling, and must report to the authorities any immigrants suffering from a disease which makes them legally subject to rejection. (Administrative Code, section 1876.) PARAGUAY.—On the arrival of a ship bearing immigrants, the captain must hand a list of their names to the port official who is carrying out the usual examination before the arrival of the official of the Land Settlement Department. The disembarkation inspector of the Lands Settlement Department then examines on board the ship the papers of immigrants certifying their character and the type of industrial or agriculatural work for which they are suited. Individuals whose health is doubtful are examined separately. (Decree No. 20173 of 24 February 1925, sections 6 to 8.) PORTUGAL.—Decree No. 13919 of 7 June 1927 states that aliens entering the country by sea or land must show their identity papers to the officiais of the immigration service or to any official appointed for this purpose. These officials, when stamping the passport, must mention on it the place where the traveller states that he wishes to make up his abode 268 THE ARRIVAL OF IMMIGRANTS or which he desires to visit. The same official must also send directly to the Department of Secret Police a. report of the visas which he has granted, stating the nationality, name, relationship, place of origin, and destination of the travellers, so as to provide material for their supervision (section 6). SIAM.—Every ship transporting aliens to Siam must announce its arrival to the immigration authorities, and must stop at the place appointed for examination. It must hand to the authorities a list of all aliens on board classified according to nationality and subdivided according to language if persons of the same nationality happen to speak different languages. The list must also state which passengers are in possession of a passport and which are not. Passengers belonging to the same family must be grouped together. A list of the crew will be drawn u p separately. Then the passengers are examined immediately before landing, unless the number of passengers to be examined is too great, in which case a temporary disembarkation permit may be granted under sufficient guarantees while they wait their turn for examination. If the immigration official considers that any person examined by him should be excluded according to the terms of the Act, and that this person must consequently be detained or rejected, he reports his decision in writing to the person concerned on a form fixed by the regulations. A report also drawn up in a given form is sent to the owner or master of the ship to inform him that he must repatriate the rejected person or detain him on board pending a further examination. (Act of 11 July 2470 of the Buddhist era (1927), section 5, paragraph 2, and Regulations of 21 July of the same year, sections 1, 5, 7, 8, 9, 13, and 14.) S O U T H AFRICA.—The examination for the admission of immigrants takes place on arrival in the Union, and the High Commissioner of South Africa in London has no power to grant permits to land or exemptions to the law (Notice, July 1922). On the other hand the local authorities may issue to any immigrant who does not fulfil the stipulated conditions a temporary permit which will allow him to enter and reside in the Union. No such permit may be issued for a period exceeding twelve months without the sanction of the Minister (Regulation 20, 1913). Persons in possession of a certificate of identity showing that they have previously lived in the country may return to South Africa within a period of three years after the issue of such permit without being affected by the restrictions on admission laid down by the law (Regulation 21, 1913). It is the duty of the master of a ship to furnish certain lists and returns to immigration officers on demand : (a) list of all passengers; (b) list of the crew ; (c) list of stowaways ; (d) a certificate under the hand of the medical officer of the ship stating that no known cases of disease have occurred upon the voyage, and no known cases of physical or mental infirmity or affliction. (Immigrants Regulation Act, 1913, section 12.) Every person arriving at any port may have to appear before an immigration officer and prove that he is not a prohibited immigrant. The immigration officer may require every such person : (a) to make and sign a declaration; (b) to produce documentary or other evidence relative to his claim; (c) to submit to any examination or test to which he may be lawfully subjected (section 19). Any immigration officer may prohibit or regulate any communication with the ship on which the immigration officer is proceeding with the examination of persons or which is suspected of having on board any prohibited immigrant, and the immigration officer may take steps to carry out any such prohibition or regulation (section 11). U N I T E D STATES.—Manifest. I t is the duty of the master or commanding officer of the steamer to deliver to the immigration officers at the port of arrival typewritten or printed lists or manifests made at the time EXAMINATION ON LANDING 269 and place of embarkation of each alien on board. (Immigration Act, 1917, section 12.) These lists must contain the following information : Full name, age, and sex; whether married or single; calling or occupation; personal description (including height, complexion, colour of hair and eyes; and marks of identification); whether able to read or write; nationality; country of birth; race; country of last permanent residence; name and address of the nearest relative in the country from which the alien came; seaport for landing in the United States; final destination, if any, beyond the port of landing; whether having a ticket through to such final destination ; by whom passage was paid ; whether in possession of 50 dollars, and, if less, how much; whether going to join a relative or friend, and, if so, what relative or friend; and his or her name and complete address ; whether ever before in the United States, and, if so, when and where; whether ever in prison or almshouse or an institution or hospital for the care and treatment of the insane ; whether ever supported by charity ; whether a polygamist ; whether an anarchist; whether a person who believes in or advocates the overthrow by force or violence of the Government of the United States or of all forms of law, or who disbelieves in or is opposed to organised government, or who advocates the assassination of public officials, or who advocates or teaches the unlawful destruction of property, or is a member of or affiliated with any organisation entertaining and teaching disbelief in or opposition to organised government, or which teaches the unlawful destruction of property, or who advocates or teaches the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers ; whether coming by reason of any offer, solicitation, promise, or agreement, express or implied, to perform labour in the United States ; the alien's condition of health, mental and physical; whether deformed or crippled, and, if so, for how long and from what cause; whether coming with the intent to return t o the country whence such alien comes after temporarily engaging in labouring pursuits in the United States; and such other items of information as will aid in determining whether any such alien belongs to any of the excluded classes ; and the master or commanding officer, owners or consignees must also furnish information in relation to the sex, age, class of travel, and the foreign port of embarkation of arriving passengers who are United States citizens. For purposes of manifesting, alien passengers are regarded as falling into one or another of the following three classes : first cabin, second cabin, steerage (Rule 2A, 1925). Alien stowaways must be manifested and produced for inspection in the same manner as are other aliens, and the fact that they were stowaways must be indicated in the manifest. Each list or manifest must be verified by the signature and the oath or affirmation of the master or his representative to the effect that he has caused the surgeon of the vessel to make a physical and mental examination of each of the aliens on board, and also that according to the best of his knowledge and belief the information in the lists or manifests concerning each of the aliens named therein is correct and true. If there is no surgeon on board any vessel bringing aliens, the mental and physical examinations and the verification of the lists or manifests must be made by a competent surgeon employed by the owners of the vessels, and the manifests must be verified by such surgeon before a United States consular officer or other officer authorised to administer oaths. The examination of immigrants at the port of embarkation, carried out on behalf of the transport companies, does not release the transport companies from responsibility as regards the transport of persons suffering from illness, and does not lessen the strictness of the examination on arrival. 270 THE ARRIVAL OF IMMIGRANTS Procedure on Arrival. According to the Immigration Act, 1917, it is the duty of every person bringing an alien to any sea port or land border port of the United States to prevent the landing of such alien in the United States at any time or place other than as designated by the immigration officers (section 10). For the purposes of determining whether aliens arriving at ports of the United States belong to any of the excluded classes, the CommissionerGeneral of Immigration may direct that such aliens shall be detained on board the vessel bringing them or in a United States immigration station, a sufficient time to enable the immigration officers and medical officers to subject aliens to inspection and examination (section 11). Upon arrival it is the duty of the immigration officials to inspect all aliens ; or they may order their temporary removal for examination at a designated time and place (section 15). Right of Search and Power oj Arrest. Any immigrant inspector may, without warrant, arrest an alien who is attempting to enter the United States in violation of any law or regulation concerning the admission of aliens, and may board and search for aliens any vessel within the territorial waters of the United States, railway, car, conveyance, or vehicle in which he has reason to believe that any alien is being brought into the United States. Any duly authorised inspector may forthwith accord a hearing to any alien arrested by him to determine the right of the alien to admission (Rule 27F, 1927). Medical Examination. The la,w further provides that the physical and mental examination of all arriving aliens is made by medical officers of the United States Public Health Service, or, if no such officers are available, by civil surgeons of not less than four years' professional experience. In considering and determining medical questions; such officers are to be guided by the instructions issued by the Surgeon-General of the Public Health Services (section 16). Aliens may be detained in hospital, and inspection as to their admissibility may be postponed; similar postponements may take place for members of a family dependent on a member detained in hospital (Rule 3D, 1927). The examination is made by at least two medical officers. Any alien certified for insanity or mental deficiency may appeal to the Board of Medical Officers of the United States Public Health Service, and may introduce before such Board one expert medical witness at his own cost. (Immigration Act, 1917, section 16.) Whenever an alien who has been naturalised or has taken up his permanent residence in the United States sends for his wife or minor children to join him, and the wife or any of the children are found t o be affected with a contagious disease, it must be determined whether the disease is easily curable and whether the husband or father or other responsible person is willing to bear the expense of the treatment. If it is possible for them to land without danger to other persons they may be admitted outright or they may receive hospital treatment and be admitted when thus cured (section 22). Examination by Immigration Inspectors. Aliens arriving at ports of the United States are examined by at least two immigration inspectors who are authorised and empowered to board and search any vessel, railway car, or other conveyance in which they believe aliens are brought into the United States. The inspectors have power to administer oaths and to take and consider evidence touching the right of any alien to enter, re-enter, pass through, or reside in the United States. (Immigration Act, 1917, section 16.) Admissibility is to be determined by the appropriate immigration officers as promptly as the circumstances permit (Rule 3C, 1927). AH aliens are required to state upon oath the purposes for which they come, the length of time they intend to remain in the United States, whether EXAMINATION ON LANDING 271 or not they intend to abide in the United States permanently and become citizens thereof, and such other items of information regarding themselves as will aid the immigration officials in determining whether they belong to any of the excluded classes. Any commissioner of immigration has power to require by subpoena the attendance and testimony of witnesses, and to that end may invoke the aid of any court of the United States. Any alien liable to be excluded because likely to become a public charge or because of physical disability other than tuberculosis, in any form, or a loathsome or dangerous contagious disease may, if otherwise admissible, nevertheless be admitted upon the giving of a suitable and proper bond or undertaking, or may deposit in cash such amount as the Secretary of Labour may require. In the event of permanent departure, this sum is returned to the person by whom furnished, or to his legal representatives. (Immigration Act, 1917, section 21.) Reading Test1. When applying the reading test immigration officers use printed and numbered slips. No two aliens listed upon the same manifest sheet are examined by the use of the same slip. If the examining inspector is unable to speak and understand the language or dialect in which the alien is examined, the services of an interpreter are used for interpreting into spoken English the printed matter read by the alien, so that the examining inspector may compare such interpretation with the slip of corresponding serial number containing the English translation of the reading matter. If for any reason it is impracticable to adopt this general method, immigration officers may employ such other means as will clearly demonstrate the alien's ability or lack of ability to read. If the alien is unable to satisfy the examining inspectors, he is detained and examined by a board of specialinquiry (Rule 3L, 1927). (Cf. Chapter VIII, §5.) Reporting Condition of Vessels. Immigration officers who board vessels arriving at United States ports for the purpose of inspecting passengers or crew shall observe the conditions prevailing upon the vessel with respect t o sanitation and the comfort of passengers and crew, and such officers in every instance shall submit a report to the immigration official in charge of the port (Rule 271, 1927). Special Procedure for Certain Aliens. At ports of arrivai where it is the practice to examine first-class and secorid-class alien passengers on board ships, third-class passengers, when holding an unexpired permit to re-enter the United States or a "labourer's return certificate", shall also be accorded examination at the same place, and if found admissible they shall be admitted direct from the ship. The same procedure is adopted for immigrants who have been examined by United States officials in Europe, aliens who clearly and beyond a doubt are of the non-immigrant class, and Canadian citizens en route to Canada. (General Order No. 39.) Inspection at Canadian Ports. A number of Canadian ports (cf. § 7) are designated as ports of entry for aliens bound for the United States (Rule 3). All inspections and medical examinations conducted at these ports, so far as immigrants bound for the United States are concerned, must be in all respects similar to those conducted at United States ports. Every alien found admissible to the United States receives a certificate of identity signed by the United States officials stationed at the ports in question, and is then admitted at the land frontier without further examination, provided that the status of the holder of the certificate has undergone no change between the time of receiving the certificate and his arrival at the frontier. Any alien not provided with a certificate who applies for admission into the United States within one year of his arrival at a Canadian sea port may, at the 1 Of. Chapter III, § 1, (e). 272 THE ARRIVAL OF IMMIGRANTS discretion of the United States immigration official, be returned by the responsible transportation company to the sea port of arrival for examination, manifesting and proper assessment of head tax, unless the alien was originally destined in good faith to Canada, or unless Canadian officials declare him eligible for residence in the Dominion, and the transportation company concerned arranges for his removal to a reasonable distance from the frontier. AU persons seeking entry from Canada without having been previously examined and granted a certificate of identity and who do not appear to the examining inspector clearly entitled to enter the United States, those in whose cases certificates are cancelled prior to or upon arrival at the frontier, and aliens brought to the border who have arrived in Canada by steamship lines which have not complied with the requirements of the law must, a t the direction of the inspector, be removed from the railway train or other vehicle by the person in charge; of the transportation line concerned and delivered to the immigration office for further examination and inspection (Rule 4). Aliens seeking entry to the United States from Canada who, at the direction of an immigration inspector, are removed from the railway train or other vehicle of travel and delivered to an immigration office for further examination shall when finally excluded be returned by the transportation company concerned a reasonable distance, not exceeding 100 miles, into Canada : provided that where the mental, physical, financial, or moral status of the alien is such that, in the opinion of the proper official, such person should be returned to the initial point of departure in Canada, the tran$portation company or other interest concerned shall, upon request, Teturn such alien to such initial point of departure (Rule 17É, 1927). Inspection in Hawaii. Aliens arriving in Hawaii and bound for continental United States are inspected and given a certificate signed by the immigration officer at Hawaii showing the fact and the date of landing. Aliens who, having been manifested in Hawaii and having resided there for a time, signify to the immigration officer an intention to go to continental United States, receive a certificate as evidence of their lawful admission a t a Hawaiian port. This certificate gives the holder the right to land upon identification, provided that when admitted to Hawaii he was not a member of the excluded classes or likely to become a public charge (Rule 10, 1927). URUGUAY.—The disembarkation inspection is carried on simultaneously by an inspector and by a port medical officer. A complete list of the passengers must be given to the inspector, who examines personally all suspected individuals. In case of disease or illness the medical examination decides whether the victim will be admitted or rejected. If the medical officer cannot diagnose exactly the disease from which a person is suffering, but suspects that it is a disease which would debar him from admission, the suspect may be conditionally landed and put under observation in a hospital. (Decree of 18 February 1915.) VENEZUELA.—The Act of 1918 states that any ship bringing immigrants shall on arrival be visited by a medical officer of the health department and an official of the immigration committee who will examine its sanitary condition and supervise the enforcement of the legal regulations. § 3.—Examination at the Land Frontier There are also certain legal provisions regarding the examination at land frontiers. This examination has the same purpose as the examination at the ports, but the methods are of necessity EXAMINATION AT THE LAND FRONTIER 273 different. Moreover, such provisions are not so common nor are they so definite as those controlling entry by sea, probably because control of the land frontiers is more difficult from a practical point of view, so t h a t the regulation of continental migration has to be carried out by different methods from those used for regulating transoceanic immigration. I n the former case conditions of employment and of residence have so far taken precedence over conditions of entry. There are, moreover, certain examples of continental migration taking place by sea and which, consequently, are subject to the entry examinations mentioned in the previous section. I n the present section no mention is made of the various summary and very general examinations to which every person is subjected on crossing a land frontier and which are not specially concerned with migrants. There will be found in Chapter X I I ("Continental Immigration") certain regulations regarding the facilities granted t o frontier workers who have to cross the frontier in order to reach their place of employment. International agreements have also been concluded on this subject (cf. Volume I I I , Chapter IV). BRITISH MANDATED TERRITORIES : Tanganyika. — Every person entering the Territory by land must forthwith present himself in person to the nearest immigration officer. The guard of a train and the person in charge of a vehicle arriving from any place outside the Territory shall, if so required, furnish the immigration officer with a list in duplicate, signed by himself, of the names of all passengers in the train, or vehicle, and such other information as may be prescribed, and every such passenger shall supply the information necessary for the purpose of the list (section 11). (Immigration Ordinance, No. 16 of 1924. sections 10 and 11.) Palestine.—The Chief Immigration Officer and any other immigration officer have the same powers of search on a railway train as on a vessel (cf. § 2). (Immigration Ordinance, No. 32 of 1925, section 3.) F R E N C H M A N D A T E D T E R R I T O R Y : Togo.—On entering the territory of Togo every person, whether of French nationality or alien, must on pain of expulsion show his passport as soon as possible to the district commandant for a visa. (Decree No. 71 of 31 January 1927.) ARGENTINA.—At the points for crossing land frontiers the examination of immigrants is undertaken by an official of the General Immigration Office or, in his absence, by branches of the General Taxes Department (Dirección General de Rentas), which reports any doubtful cases which may arise to the General Immigration Office, which gives a final decision. (Decree of 31 December 1923, section 22.) CANADA.—From the point of view of the obligations arising out of the immigration law, transport companies bringing immigrants to Canada by 18 274 THE ARRIVAL OF IMMIGRANTS land are in the same position as the masters or owners of ships. They are similarly required to report the names and description of immigrants and travellers carried by them. Immigration officers may be authorised to stop and visit trains and other vehicles on entering Canada, in order to examine immigrants and travellers in accordance with the law. They may also impose fines on the companies and their employees, should the provisions of the law not be observed. The companies may also be required by regulations to establish hostels for the detention and examination of travellers at frontier stations designated by the Minister. The companies may not, however, be regarded as responsible for the detention of a person who has broken the law, unless such person is found in a train or other vehicle belonging to the company. (The Immigration Act, 1910-1924, section 31.) The provisions relating to the entry, inspection, and examination of immigrants at the frontier must be carried out in such a way that these operations do not uselessly retard and annoy the ordinary traveller. (Idem, section 32.) The transport companies also assume responsibility as regards the action of other transport companies with which they co-operate. They are bound to furnish to immigration officers such free transport as may be required in connection with their official duties. (Idem, sections 30 and 31, (4).) By the Chinese Immigration Act; 1923 (section 21), it is provided that every conductor or other person in charge of any railway train or car bringing persons of Chinese origin or descent into Canada shall, immediately on his arrival, deliver to the Controller or other officer at the port or place of arrival a report containing a complete and accurate list of all persons of Chinese origin or descent arriving by or being on board of the railway train or car of which he is in charge, and showing their names in full, the country and place of their birth, their occupation, and last place of domicile; and he shall not allow any such persons to disembark from the train or car until after the report has been made. FRANCE.—At frontier posts (also known as immigration offices), whose working is explained in § 1 of Chapter IV, officials of the Foreign Labour Department of the Ministry of Labour and of the Ministry of Agriculture examine the employment certificates with which alien workers must be provided (cf. Chapter I I I , § 1, (g)) and make certain that they are in possession of the documents (health certificate, etc.) mentioned above (cf. Chapter I I I , § 1, (i), and § 2). Moreover, in the same offices there is a representative of the Health Department, who, if necessary, briefly examines the health of immigrant workers. This examination is merely for the purpose of finding out whether the new arrival is suffering from any very contagious disease and of making certain that he has been recently vaccinated. G R E A T B R I T A I N : Colonies.—Gold Coast. Every non-native passenger entering the Colony by land shall appear before the nearest immigration officer who, after such examination as he may consider necessary, shall inform the immigrant whether or not he is a'prohibited immigrant. (Immigration Restriction Ordinance, No. 9 of 1925.) Northern and Southern Rhodesia. Every person arriving in the territory shall, if required, appear before an immigration officer and satisfy such officer that he is not a prohibited immigrant. He may be required to : (a) make or sign a declaration; and (b) produce documentary or other evidence of his claim to enter the territory ; and (c) submit to any examination Or test to which he may be lawfully subjected ; or (d) submit to a medical examination if he is suspected of being afflicted with any disease which would render him a prohibited immigrant. (Northern Rhodesia : Immigrants Regulation Proclamation, No. 15 of 1915, section 13; Soulhern Rhodesia: Immigrants Regulation Act, No. 7 of 1914, section 12.) EXAMINATION AT THE LAND FRONTIER 275 Somaliland. Every non-native 1 , other than a person of European race or extraction, who enters the Protectorate otherwise than by sea must appear before the nearest immigration officer, who, after such examination as he may consider necessary, shall inform the person whether he is a prohibited immigrant or not. Any immigrant, failing to comply with this provision or withholding any information which would bring him into the class of prohibited immigrants, shall be liable to a fine of Rs. 750 or imprisonment for six months, and may be dealt with as a prohibited immigrant. Any person who on examination is found to be a fit and proper person to enter the territory shall be furnished with a certificate to this effect. (Immigration Restriction Ordinance, No. 4 of 1924, sections 9, 10, and 11, (a).) Straits Settlements. On the arrival in the Colony of any railway train which may be reasonably suspected of carrying Chinese immigrants, an officer of the Chinese Protectorate may board and examine such train in order to ascertain if there are any Chinese immigrants on board. (Labour Ordinance, No. 14 of 1923, section 59, (i).) GREECE.—See Chapter VIII, § 2. MEXICO.—Aliens entering the country by land must present themselves to the local migration official and carry out the legal formalities. The examination must take place in the offices of the Migration Department, and only in urgent cases can it be held in the trains. In every case this examination must be carried out by the head of a migration office, who is responsible for any errors which may arise. Unless in the case of any flagrant infringement of the law, subordinate officials are not allowed to decide whether an immigrant should be rejected or deported. Migration officials must make known the places and times legally fixed for the entry of immigrants who do not arrive by train. The entry of aliens by land at a time and place not fixed by the authorities and without reporting to the Migration Department will be punished by the same fine as is imposed on aliens who have entered by illegal means. (Act of 12 March 1926, sections 57-61 and 90 ; cf. also the regulations mentioned in § 2.) PANAMA.—Aliens entering the country by the land frontiers must report to the chief authorities of the district where they enter, stating their name, age, occupation, religion, nationality, place of origin, and previous residence, and must show that they possess the minimum capital demanded for the entry of aliens. They must also present a certificate of character not more than three months old, signed by the authorities of Colombia or Costa Rica. The official who receives them must then carry out the medical examination to make certain that the health of the immigrant is satisfactory. (Administrative Code, sections 1879 and 1880.) SIAM.—The owner or master of any conveyance bringing aliens into Siam must give notice of his arrival to the immigration officials of the first post which he reaches in Siamese territory, and must stop at the place indicated by these officials in order to permit of the alien travellers being examined as required by the Immigration Act. He must hand to these authorities a list of the aliens whom he is transporting, on the form referred to in connection with entry by sea ( § 2) and the examination is carried out on the whole in the same manner; in particular the transport agent must 1 " N a t i v e s " are defined as "all Somalis who belong to tribes normally living within t h e P r o t e c t o r a t e , all natives known as 'Zeyiawis' and persons of Sudanese origin permanently in t h e P r o t e c t o r a t e " (Immigration Ordinance, No. 1 oí 1924, section 5). 276 THE ARRIVAL OF IMMIGRANTS fulfil the same obligations in both cases. (Regulations under the Immigration Act dated 21 July 2470 of the Buddhist era (1927).) U N I T E D STATES.—The Rules of 1927 provide that aliens seeking to enter the United States from foreign contiguous territory shall, upon arrival, be inspected by the proper immigration officials, who shall prepare a manifest containing full and accurate information concerning such alien (Rule 2G, 1927). This manifest must state full name, age, and sex; whether married or single; calling or occupation; personal description; whether able to read or write; nationality, race, place of birth, country of last permanent residence; name and address of nearest relative in the country from which the alien came ; if naturalised citizen of Canada, of what country a citizen before becoming a citizen of Canada; sea port and date of landing and name of steamship; final destination and whether having ticket through to such final destination; by whom transportation paid; whether in possession of $50, and, if less, how much ; whether going to join a relative or friend, and, if so, the name and address of such relative or friend ; whether ever before in t h e United States, and, if so, when and where; purpose in coming to United States and length of time intending to remain and whether intending to become a citizen. Immigration officials shall state whether alien is an immigrant or non-immigrant, the character of head-tax assessment, and, if exempt from head t a x , t h e reason therefor (Rule 2G, 1927). § 4.—Special R e g u l a t i o n s for I m m i g r a t i o n by A i r The development of air communications has recently produced certain regulations for t h e supervision of passengers travelling by air. Reference will be made here only t o such as seem t o apply specially t o immigrants in the strict sense of the term. Sometimes the harbour and frontier officials who supervise t h e entry of immigrants also control immigration b y air, and t h e aeroplane carrying passengers has t o descend for examination a t these places on entering the "national air". I n other countries air ports are specially fixed by legislation for the descent of aeroplanes coming from abroad. G R E A T BRITAIN.—By the Aliens' Order, 1920, amended in 1923, Lympp.e, Croydon, and Cricklewood are designated as approved air stations for the admission of aliens. MEXICO.—Chapter V of the Migration Act of 12 March 1926 (sections 51-56) deals with the arrival and departure of passengers by air. It is laid down that passenger aeroplanes must enter the "national a i r " at the points fixed for immigration in general and at regulation hours. Every aeroplane pilot must land as soon as ordered by the migration authorities or at least as soon as circumstances permit. At the point of entry for the district to which he is travelling, he must stop and undergo inspection by the migration authorities. The conditions of the examination are the same as for entry by sea (ef. § 2). Once the regulation examination has been held, the pilot is given a certificate to prove that he has complied with the conditions of entry, and this document must be shown to the authorities Whenever asked for. PROCEDURE FOR ADMISSION OR R E J E C T I O N 277 NORWAY.—The Act of 22 April 1927 provides that regulations will be issued later ordering ships and aerial vessels bringing passengers to hand to the police a written list of the passengers on board, particularly with reference to aliens. The latter must give the pilot of the aeroplane all necessary information for this purpose (section 23). SIAM.—The Immigration Act of 11 July 2470 of the Buddhist era (1927) and the regulations for its enforcement make no difference between the formalities for entering the country by any route whatsoever. The owner, charterer, or master of any conveyance must bring the passengers to be examined by the immigration officials of the first post which they come to in Siamese territory. UNITED STATES.—In accordance with the Air Commerce Act, which received the assent of the Presidenten 20 May 1926, the Secretary of Labour is authorised to designate any of the points of entry for civil aircraft as ports of entry for aliens, to appoint immigration officers at such ports, and by regulation to provide for the application to civil air navigation of the laws and regulations relating to the administration of the immigration laws K § 5.—Procedure for A d m i s s i o n o r Rejection : A p p e a l s against D e c i s i o n s Various legal provisions refer t o t h e position of individuals concerning whom t h e examining official is doubtful. I n t h e case of a sick person, measures are taken for providing medical treatment, t h e result of which will finally decide whether t h e person will be admitted or rejected. If t h e doubt proceeds from some other cause, t h e case is often referred t o a second authority for decision. The same occurs when there is dissatisfaction with such decisions, and in many countries special courts have been set u p . During t h e period required for settling t h e matter, precautions are taken t o prevent t h e clandestine immigration of t h e individual concerned. Precautions of t h e same kind are also taken with regard t o individuals who have definitely been stated t o b e inadmissible until they are deported. Sometimes t h e person concerned m a y appeal against t h e decision for rejection passed b y t h e special court t o a higher authority, whose decision is final. Moreover, there are very frequently regulations regarding t h e rejection of aliens who have definitely been refused admission to t h e country. These are dealt with in Chapter X , § 1. 1 U N I T E D S T A T E S DEPABTJUP:NT O F L A B O U R : Annual of Immigrai ion for the fiscal year elided 30 June. 1926. Report of ihc Commissioner-General 278 THE ARRIVAL OF IMMIGRANTS 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 . — A n immigration officer who decides that a person is a prohibited immigrant shall serve him with the prescribed notice and, if the immigrant arrived by sea, shall also inform the master of the ship. The immigrant may, within seven days deliver to the immigration officer either : (a) notice of appeal against the decision, or (b) an application to the Governor for a licence to remain in the Territory. The appeal shall be heard by the nearest subordinate court. Security by deposit or bond may be required of any immigrant who delivers notice of an appeal or an application for a Governor's licence. (Immigration Ordinance, No. 16 of 1924, sections 14 and 22.) SOUTH AFRICAN MANDATED TERRITORY : South-West Africa.—The Administrator is empowered to appoint one or more boards for the summary determination of appeals by persons detained on entering the Territory, or arrested within the Territory as prohibited immigrants. Such a board must consist of three or more persons and the chairman is designated by the Administrator. The board has exclusive jurisdiction to hear and determine any appeal made by a person who is considered as a prohibited immigrant. Whenever leave to enter the Territory is withheld by any immigration officer, or when any person is detained, restricted or arrested as a prohibited immigrant; notice o f t h a t fact and the grounds of refusal, detention, restriction or arrest, must be given by the officer in writing to the immigrant. Every such person may appeal to the Immigration Board. No court Í of law in the Territory has, except upon a question of law, any jurisdiction to interfere in any way with the administration of the Act relative to a person who is being dealt with as a prohibited immigrant. (Immigrants Regulation Proclamation, No. 23 of 1924, sections 3, (5), 3, (6), and 4, (1).) ARGENTINA.—All passengers rejected at the examination held on the arrival of a ship are kept on board the ship, and are forbidden to land until they have been taken back to their place of departure at the expense of the shipping company. The company must first of all pay a fine fixed for each case by the General Immigration Office and not exceeding 100 gold pesos i1 per individual. To make certain that rejected persons are kept in safe custody by the ships which brought them, the master may also be made to pay a deposit not exceeding 1,000 gold pesos. Before the departure of the ship the immigration inspectors make certain that the rejected immigrants are on board. The deposit is not returned until a certificate is received from the consul a t the port of sailing stating that they have returned. The General Immigration Office has also the right to keep on board ship, under the care of the master, any passengers whose right to settle in the country seems doubtful, and who are considered suspected persons until a definite judgment has been given regarding their application for admission to Argentina. (Decree of 31 December 1923, sections 9, 11, and 18.) B E L G I U M : Congo.—The immigration authorities notify in writing any persons who are considered undesirable, in terms of the provisions of the Ordinance Act of 8 March 1922, that they are not permitted to enter the territory or that they must leave it. The reasons for this rejection must be stated. Any appeal against this decision must be lodged within a week with the Commissioner of the District. This period may be reduced if the immigrants arrive on a ship which is due to leave the Congo before a week has expired. An appeal against the decision of the Commissioner may be lodged with the Vice-Governor-General. When it appears to an immigration official that a person is undesirable One Argentino gold peso = approximately 4s. 2d. PROCEDURE FOR ADMISSION OR REJECTION 279 and that an enquiry is necessary, the official in question instructs the person to remain at his disposal for a period which may not exceed fifteen days. If a sufficient deposit is not supplied the migrant may be arrested and kept in prison (sections 4, 5, 6, and 8). CANADA.—The Immigration Act, 1910-1924, declares that, if, at the examination at the port of disembarkation, there is any doubt as to admissibility, the immigrants concerned are detained for further examination by the officer or by a board of enquiry. They are then either immediately landed, or rejected and kept in custody pending deportation. Pending the final disposition of the case of any person detained or taken into custody, the immigrant may be released under a bond, with security approved by the officer in charge, or he may be released on making a deposit ; in either case he must appear when called upon before an officer or a board of enquiry for examination regarding the cause for which he was taken into custody (section 33). It is provided, however, by Rule 4, (6), of the Immigration Rules, 1924, that this provision does not apply to a person seeking admission at a port of entry to Canada from the United States, except in the case of a person or organisation belonging to the non-immigrant classes and admitted temporarily. The Act further states that an appeal may be made against the decision of an officer or a board, unless the latter is based on the certificate of a medical officer. It must be filed immediately after rejection (sections 18 and 19). In case of the appeal being dismissed by the Minister, the appellant must forthwith be deported (section 19). The decision of the Minister or of the board of enquiry is final. No court may reverse it except in the case of a person of Canadian citizenship or domicile (section 23) 1 . In regard to the admission of Chinese persons, the Chinese Immigration Act, 1923, stipulates in section 10 that : "If, on the preliminary hearing, the Controller is not satisfied that such person is entitled to remain in Canada, the hearing shall be thereupon adjourned for forty-eight hours or for such longer period as the Controller may see fit, and an opportunity shall be given such person to consult with duly accredited legal counsel, who shall be entitled to represent him upon the hearing and upon all subsequent proceedings." Section 11 of the same Act provides that there shall be no appeal from the decision of the Controller, as to there jection or deportation of any immigrant, passenger, or other person found to be of Chinese origin or descent when such decision is based upon a certificate of the examining medical officer, provided always that Canadian citizens and persons who have left Canada with the declared intention of returning thereto and are seeking re-entry in accordance with the provisions laid down shall be permitted to land in Canada. If on the preliminary hearing, the Controller is not satisfied that the person is entitled to remain in Canada, the hearing must be adjourned for forty-eight hours. Such notice of appeal shall act as a stay of all proceedings until a final decision is rendered by the Minister. Pending such decision, the appellant and those dependent upon him are kept in custody at an immigration station. The Controller may, however, at his discretion, release any person detained or taken into custody for any cause under the Act pending the final disposition of his case, upon the deposit of money to an amount and under conditions specified by the Controller (sections 12-14). CUBA.—The examination of immigrants is carried out in a private room, but every immigrant whose entry into the country is prohibited or 1 That is to say, for the purpose oí this Act, such persons as have been resident in Canada (or the previous five years after having- been admitted according to the regulations (section 2, (d)). 280 THE ARRIVAL OF IMMIGRANTS who has to wait for a decision on this point may be allowed to interview his friends or an advocate under conditions laid down by the Customs Department. By Order No. 155 of 15 May 1902 any immigrant who considers the decision of the inspectors to be unjust may appeal against this decision to a subordinate court, and his rejection is postponed until a final decision is given. Similarly, an inspector who does not agree with any decision to admit an immigrant may lodge an appeal against it. These steps must be taken in writing and the appeal handed to the local customs official, who forwards it with all necessary documents to the head of the Customs Department in Cuba. The cost of the supervision and maintenance of immigrants who are rejected and who lodge an appeal, as well as the cost of maintenance and transport of those who are eventually deported, must be borne by the transport agents who brought them. A deposit of 500 dollars 1 may be demanded as a guarantee for their safe custody (sections 2, 9, and 10). ECUADOR.—Aliens who are refused admission by the port authorities or the frontier authorities whose duty it is to supervise the admission or rejection of immigrants may appeal verbally or in writing to the chief political body of the port or frontier station in question, which will deal with the request as quickly as possible. (Act of 18 October 1921, section 28.) G R E A T B R I T A I N ¡Colonies.—Nyasaland Protectorate. The immigration officer may postpone his decision as to whether a person may be allowed to enter the Protectorate or not for fourteen days in order that enquiries may be made. During that time, if the person does not give security that he will appear when required, he may be detained at the nearest convenient prison. If the immigration officer decides that he may enter, he shall, be notiâed. If the officer decides otherwise, the immigrant may appeal against the decision within seven days after receipt of the notification. The case shall then be heard by a magistrate, whose decision shall be final. (Nyasaland Immigration Ordinance, No. 17 of 1922, sections 10-13.) Northern Rhodesia and Southern Rhodesia. The immigration officer must notify any prohibited immigrant of the grounds on which he is refused, detained, or arrested. The immigrant may appeal to the nearest magistrate's court. An appeal shall lie from the magistrate's decision to the High Court, but must be lodged within one week of the decision. The judge of the High Court shall issue a warrant for the removal of the immigrant. Immigrants who are considered undesirable on account of standard or habits of life, or où account of information received through official channels, have no right of appeal. An immigrant may not be detained for more than fourteen days while the Immigration Officer makes enquiries as to his identity and antecedents, and if he cannot give security that he will appear when called upon he may be detained at the nearest convenient prison. {Northern Rhodesia : Immigrants Regulation Proclamation, No. 15 of 1915, sections 4, 6, and 8, (1); Southern Rhodesia : Immigrants Regulation Act, No. 7 of 1914, sections 4, 6, and 8, (1).) MEXICO.—By the Migration Act of 12 March 1926, after the examination a list of prohibited immigrants is drawn up and distributed to the officials, who on their own responsibility must keep under close observation those persons who are refused admission (section 49). When an immigrant is thought to belong to a prohibited category, he must be kept under observation at the expense of the shipping company or the railway company which brought him until the immigration authorities have come to a decision in his case. The immigrant must then provide, 1 One Cuban dollar = approximately 4s. 2d. PROCEDURE FOB ADMISSION OR R E J E C T I O N 281 if necessary, documents proving his good character, the honourable nature of his occupation and his ability to gain a livelihood (section 30). Another section of the same Act states that all requests, complaints, or other documents addressed by individuals of any nationality to the migration officials must be written in Spanish as otherwise they will not be considered (section 21). In doubtful cases, when the examination and disembarkation have been carried out, the officials of the Migration Service are required merely to provide information, and the solution of any difficulty rests with the Minister of the Interior (section 50). NEWFOUNDLAND.—When leave to land is withheld in the case of any immigrant, the master, owner, or agent of the ship on which he came, or the immigrant himself, may appeal to the Minister of Finance and Customs, and that officer gives leave to land if he is satisfied that it should not he withheld. (Consolidated Statutes of Newfoundland, 1916, Chapter 77 ("Of Aliens and Immigration"), section 1, (2).) PARAGUAY.—Ships bringing passengers who belong to a prohibited class are in every case subject to a fine equal to the cost of the ticket. This fine is imposed by the pretect of the port, and the ship must not depart until it has been paid. Consuls and other officials of the country who have granted a visa to immigrants who do not fulfil the conditions for admission are liable to the same fines. (Decree of 24 February 1925, sections 11 and 12.) PERU.—By Act No. 4145 of 22 September 1920, aliens rejected by the immigration authorities may appeal against their decision verbally or in writing on unstamped paper to the port authorities or the administrative authorities of the frontier station. This appeal is transmitted to a committee formed of the subordinate judge, the competent justice of the peace, the municipal magistrate (alcalde), and a representative of the port authorities or the frontier authorities. In a case of sickness a medical officer, or failing him, any medical man, may decide within a period of forty-eight hours whether the sick person should be admitted or rejected. If the decision of the committee favours rejection, the party concerned may ask to be examined by the Minister of Foreign Affairs, whose decision is final (section 4). SIAM.—When, in the opinion of the immigration authorities, an alien appears to belong to a prohibited class and an enquiry is undertaken to decide the matter, the alien in question may be kept during this enquiry either on board the ship which brought him or in any other suitable place. When such a large number of aliens arrive at one time in Siamese territory that the examination and scrutiny of their identity papers requires considerable time, such aliens may be granted a temporary permit to enter Siam, provided they give a guarantee which will be accepted by the Minister of the Interior or by the immigration officials who represent him. In the case of a personal guarantee, the person in question must have resided in Siam for at least one year and must be recognised as sufficiently honest and solvent. When after the enquiry it has been decided that the alien is not admissible, this decision must be communicated to him in writing. He has a period of twenty-four hours in which to appeal against the decision of the immigration authorities to a subordinate court, whose decision may later be submitted to the Minister of the Interior: the latter's decision is final. Any individual who objects to being classed as an alien must submit his complaint to a subordinate court. An immigrant cannot be thus detained for more than four days. Orders for detention issued by the subordinate court may not exceed a period of 282 THE ARRIVAL OF IMMIGRANTS ten days. If circumstances make it necessary to detain an immigrant for a longer period, the court may renew its order. When an enquiry is being held concerning a sick person, the latter may be interned in hospital during the necessary period. (Immigration Act of 11 July 2470 of the Buddhist era (1027), sections 11,16, and 17, and Regulations of 21 July, sections 6-10, 13, 1$, and 16.) S O U T H AFRICA.—According to the Immigrants Regulation Act, 1913, a prohibited immigrant may be arrested and removed from the Union, and pending removal may be detained in custody (section 21). If leave to enter the Union or any particular province is withheld, the immigration officer must inform the person concerned in writing, stating the reasons for refusal, detention, etc. If the immigrant has arrived by sea, the captain of the ship on which he arrived must similarly be informed (section 2, (5)). A prohibited immigrant must be detained on the ship by the master, who must remove him from the Union. The immigration officer may cause the immigrant to be removed in custody from the ship and be detained in any other place. The master is liable to pay the cost of the detention, maintenance and control of the person detained. The immigration officer may require the master or owner of a ship to deposit a sum sufficient to cover any expense that may be incurred by the Immigration Department in connection with the landing, removal, detention, maintenance, and custody (section 13, (1), (2), and (6)). The Governor-General appoints as many boards as he may deem desirable 1 for the summary determination of appeals by persons who, seeking to enter or being found within the Union, have been arrested as prohibited immigrants. Each board shall consist of three or more members. No appeal can be heard by a board unless due notice thereof has been given to the immigration officer within three days after the refusal, detention, or arrest of the immigrant. In every case a deposit must be made sufficient to cover the detention expenses of the immigrant, the cost of bringing him before the board if he desires to appear personally, and, if he arrived by sea, the cost of his return passage to the place from which he came. The hearing takes place in the presence of the applicant if he desires to appear. He has the right to be represented at the appeal by counsel. Questions Of law may be reserved for the decision of a superior court (sections 2 and 3). SWEDEN.—By the Aliens Act of 2 August 1927, when an alien is rejected the decision must be communicated to him in writing and must state the reasons for rejection (cf. Chapter I I I , § 1, (b), and § 2) and the procedure to be followed by the individual if he considers the rejection unjust. An appeal must be lodged wfchin thirty days after the receipt of the notice with the head of the local administration, whose decision is final. The fact of an appeal being lodged does not suspend the order of rejection which is carried out by the police as soon as possible (sections 22 and 23). U N I T E D STATES.—Every alien who does not appear to be clearly entitled to land is detained for examination by a Board of Special Enquiry. The owners, masters, agents, and consignees of vessels bringing aliens must pay all expenses involved in their removal from the vessel or their detention, irrespective of whether the aliens removed or detained are subsequently admitted or deported; such expenses to include those of maintenance, medical treatment in hospital or elsewhere, burial in the event of death, and transfer to the vessel in the event of deportation. 1 Three appeal boards have been constituted, viz. a t Pretoria, Durban, and Cape Town. (.Official Vear Book of the Union oí .South Africa, 1910-1924, p. 143.) HEALTH MEASURES AND CONDITIONS 283 These Boards are appointed at the various ports of arrival for the prompt determination of all cases of immigrants detained at such ports. Each Board consists of three members, and it has authority to determine whether an alien shall be allowed to land or shall be rejected. It is provided that Boards of Special Enquiry shall determine all cases as promptly as the circumstances permit, due regard being had to the necessity of giving the alien a fair hearing. (Immigration Act, 1917, sections 15-17.) The alien may have one friend or relative present, provided that he is not an agent or a representative at an immigration station of an immigrant aid or other similar society or organisation and that he is actually related to or an acquaintance of the alien (Rule I I B , 1927). Upon determining that a witness whose evidence is desired either by the Government or the alien will not be likely to appear and testify or produce written evidence, unless commanded to do so, the commissioner or inspector in charge issues a subpoena and has it served upon the witness by an immigration officer or employee. If the witness neglects or refuses to respond to the subpoena, the United States attorney is requested to report this fact to the appropriate district court, with a motion that an order be issued (Rule 23B, 1927). Either the alien or any dissenting member of the board may appeal through the Commissioner of Immigration to the Secretary of Labour. Where an appeal lies, the alien must be informed of his right to it. He may appeal individually, or through any society admitted to an immigration station, or through any relative or friend, or through any person, including an attorney, permitted to practice before the immigration authorities. There is no appeal if a Board of Special Enquiry rejects an alien because he is afflicted with tuberculosis in any form, or a loathsome, contagious, or dangerous disease, or is an idiot or an imbecile or an epileptic or is insane or feeble-minded, or is afflicted with constitutional psychopathic inferiority. When an alien is certified for a physical defect the Board must decide whether or not such certified defect may affect his ability to earn a living (Rules H E , 14A, and 14C, 1927). No alien is permitted to land for medical treatment unless the Secretary of Labour is satisfied that to refuse treatment would be inhumane or cause unusual hardship or suffering, in which case the alien is treated in the hospital under the supervision of the immigration officials at the expense of the vessel transporting him. (Immigration Act, 1917, section 18.) VENEZUELA.—By the Aliens Act of 23 July 1925 when the Federal Executive which decides the question declares that an alien shall not be admitted, suitable measures must be taken for preventing such an alien from entering the national territory or for forcing him to leave it if he has already entered (sections 14 and 15). No appeal may be lodged against a decision to prohibit landing (section 26). § 6.—Health Measures and Conditions I n this section will be found certain regulations regarding the precautions taken with regard t o immigrants t o make certain t h a t they do not carry disease germs; b u t it must also be remembered t h a t the general regulations regarding the health police a t the frontiers apply to them as to all other travellers. Thus in 284 T H E ARRIVAL OF IMMIGRANTS every country there are provisions for the examination of passenger ships b y the health officials, and it is necessary for t h e masters of ships to present a bill of health before passengers are allowed t o disembark. W h e n a ship comes from a n infected or doubtful port, or when there has been any case of acute contagious disease on board, t h e passengers m u s t be isolated for a number of days which is fixed b y the regulations according t o the disease concerned. Similar measures m a y be t a k e n a t t h e frontier on t h e arrival of international trains. Such general health measures are frequently regulated b y special health rules, b u t are also controlled b y international agreements and treaties. Immigrants are often required t o present a recent certificate of vaccination, or failing t h a t , to submit t o vaccination or revaccination, which will be carried out b y t h e ordinary medical authorities of t h e ship or of the place of arrival. A medical examination is frequently carried out : this has been discussed above (§2 and 3). ARGENTINA.—Immigrant ships have not the right to take on board sick persons or persons coming from any region where an epidemic exists. When any case of epidemic or contagious disease occurs on board a ship transporting immigrants, the ship's doctor must report the fact, and on arriving in the port the ship must hoist the usual flag to prevent the approach of any vessel and to inform the port authorities of the fact. (Act No. 817 of 19 October 1876, sections 28 and 29.) CANADA.—The master of a ship arriving in Canada must furnish to the immigration officer a t the port of entry a bill of health, certified by the medical officer of the vessel, containing such information as is required under the Immigration Act (section 26). Every third-class passenger who cannot show satisfactory evidence of successful vaccination, or of having had smallpox, must be vaccinated before embarkation or by the ship's surgeon during the voyage. If he refuses he is liable to fourteen clays' detention at the quarantine station 1. .COLOMBIA.—Act No. 99 of 7 September 1922, which codifies t h e existing Acts on public health, lays down that the medical officer at a port shall demand from each passenger who lands a certificate of vaccination or of re-vaccination against smallpox. If the passenger has no such certificate, he is vaccinated free of charge, or otherwise he is not allowed to diseiUbark (section SI). C O S T A RICA.—The Maritime Health Regulations of 16 December 1924 contain numerous provisions for the supervision of the health conditions on board ship. The port health officials must carry out this inspection. Section 52 states t h a t when any port in Costa Rica does not possess a quarantine establishment or a sufficient disinfection service, the Under-Secretary of State for 1 OVERSEA SETTLEMENT D E P A R T I Í E X T : Handbook London. on the Dominion or Canada, p . 24. HEALTH MEASURES AND CONDITIONS 285 Health may decide whether ships coming from infected or suspected areas shall be admitted or not. FRANCE.—The Health Regulations of 8 October 1927 allow the health authorities of the ports of France and Algeria to take any precautionary measures which they may consider necessary when they have doubts as to the hygienic conditions on board any ship (section 2). Any ship which has on board a case of acute contagious disease must notify the fact (section 23), and different measures will be taken in virtue of the above Regulations according to the disease reported. Ships bearing migrants,- troops or any large number of persons in unhealthy conditions may at any time be subjected to special precautions, which shall be decided on by the health authorities of the port of arrival, subject to an intermediate report either to the Minister of Labour, Health and Social Welfare, or to the Governor-General of Algeria (section 57). The system of examination is also more strict for immigrants than for other passengers. Section 69 states that instead of employing the health certificate (passeport sanitaire) which merely obliged the passenger bearing it to be examined at his destination, migrants, pilgrims, etc., may be kept under observation by the port health officials during the whole incubation period of any disease which is suspected. At land frontier stations alien workers who arrive without any certificate of recent vaccination are vaccinated. In some of these stations of entry which possess the necessary appliances, delousing, and disinfection of clothing may be carried out. Dependencies.—In Tunis a Decree of the Bey of 2 May 1903 states that immigrants, before disembarking in ports in that country, must submit to vaccination or else be refused admission. First-class and second-class passengers are not considered immigrants. The Health Regulations of 16 February 1909 also provide that ships bearing immigrants, pilgrims, or any collection of persons, which are considered dangerous because of the unhealthy conditions, may at any time be subjected to special precautions which shall be decided upon by the health officials of the port of arrival, subject to an intermediate report to the General Secretary of the Government (section 50). In case of an epidemic or plague, prophylactic measures such as the destruction of rats may be carried out, especially in the berthing places of ships bearing immigrants and third-class and fourth-class passengers (section 34). In the Establishments in Oceania and Madagascar, according to Decrees of 24 February 1920 and 6 May 1903 respectively, immigrants, that is to say, African and Asiatic natives recruited for employment in the Colony, are landed after the inspection and are isolated at some point on the Island for at least five days, during which time they shall be visited daily by the health officials and vaccinated or re-vaccinated. The order for their release from isolation is given by the Immigration Commissioner on the report of the chief of the Health Service (section 16). In French West Africa travellers of any nationality coming from a colony, protectorate, or mandated territory are considered suspected of contagious diseases and are subject to various measures of medical supervision with particular reference to smallpox, plague, relapsing fever, dengue, tuberculosis, and trachoma, and which may be extended to other infectious diseases. The measures taken are as follows : the production of a certificate of vaccination against smallpox or the possession of fairly recent vaccination scars (in default of which re-vaccination is compulsory), examination of the hygienic condition of the clothing and underclothing and of the bodily cleanliness of the passengers, any disinfection which may be necessary as a result of this, the isolation of sick persons, treatment at their own expense or at the expense of those responsible for them at a hospital or a lazaret where they are kept during a period equal to the incubation period of the disease from wich they are suspected of suffering. 286 THE ARRIVAL OF IMMIGRANTS After these prophylactic measures have been taken, the health officials deliver a certificate to the persons concerned which must be shown to the administrative authorities at their place of residence. Lodging-house keepers, heads of undertakings, and employers must demand the presentation of this certificate. NEWFOUNDLAND.—No sub-collector at any port shall grant a permit allowing Chinese immigrants to land until the quarantine or health officer has granted a bill of health and has certified, after due examination, that no leprosy ór infectious, loathsome, or dangerous disease exists on board the vessel. (The Consolidated Statutes of Newfoundland, 1916, Chapter 79 ("Of the Immigration of Chinese Persons"), section 4.) § 7 . — P o r t s a n d S t a t i o n s of Entry I n o r d e r t o f a c i l i t a t e t h e s u p e r v i s i o n of i m 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 often fix a c e r t a i n n u m b e r of p o r t s a n d f r o n t i e r p o i n t s w h e r e t h e n e c e s s a r y services a r e c o n c e n t r a t e d . Immig r a n t s a r e obliged t o u s e t h e s e r o u t e s or else t h e i r i m m i g r a t i o n is c o n s i d e r e d illegal. S o m e t i m e s special s t a t i o n s a r e fixed for t h e e n t r y of c e r t a i n classes of i m m i g r a n t s w h o a r e s u b j e c t t o special p r o v i s i o n s . P o w e r is also g i v e n t o s o m e a u t h o r i t i e s t o a m e n d t h e list of s t a t i o n s a n d p o r t s for i m m i g r a t i o n a c c o r d i n g to circumstances. B R I T I S H M A N D A T E D T E R R I T O R I E S : Palestine.—The Chief Immigration Officer may from time to time prescribe certain places of entry at which immigrants and travellers may obtain admission to Palestine, and no immigrant or traveller shall enter Palestine at any other places. (Amendments to the Regulations made under the Immigration Ordinance, No. 32 of 1925, and No. 7 of 29 November 1927.) Tanganyika.—The Immigration Ordinance, No. 16 of 1924 (section 10, (1 )), provides that no person shall enter the Territory except at a port of entry. The Schedule to the Ordinance specifies the following ports of entry : Arusha, Bagamoyo, Bukoba, Dar-es-Salaam, Kasanga, Kigoma, Kilwa, Lindi, Mikindani, Moshi, Musoma, Mwanza, Namanyere, Pangani, Songea. Tanga, Tirene Bay (Mafia), Tukuyu. SOUTH AFRICAN MANDATED TERRITORY : South-West Africa.—The Administrator is empowered from time to time by notice in the Gazette to declare that persons deemed on account of standard or habits of life or on economic grounds to be unsuited to the requirements of the Territory may, when given special permission to land, enter or return only at a port or ports specified in the Order. A "port of entry" is taken to mean : (a) any place on the coast of the Territory, or (b) any railway station or any place within the Territory at or near the border thereof, at which entry into the Territory can be effected. (Immigrants Regulation Proclamation, No. 23 of 1924, sections 1, (2), and 25.) AUSTRALIA.—A vessel arriving in Australia must not, unless from stress of weather or other reasonable cause, enter any ports other than a first port of entry, and a vessel engaged in navigation by air must not, PORTS AND STATIONS OF ENTRY 287 unless from stress of weather or other reasonable cause, land at any place other than a landing place. The Governor-General may declare any ports in Australia to be first ports of entry, and any place or area in Australia to be a landing place for vessels engaged in navigation by air. (The Quarantine Act, 1908-1920, section 13, (1).) Papua.—The master of an oversea vessel arriving in the territory must not, unless from stress of weather or other reasonable cause, suffer the vessel to enter any port other than one declared to be a first port of entry. (Quarantine Ordinance, No. 6 of 1913, section 19.) BOLIVIA.—By the Decree of 26 March 1920 (section 7), the normal ports for disembarkation and the stations of entry in which a Bolivian consul will visa the passports of passengers travelling to Bolivia are : Antofagasta, and Arica, Puno, la Ruiaca, Corumbá, and Brasilea. Individuals who escape supervision by choosing some other route must present their passport to the police on demand and must comply with the other measures stated in the Residence Act. BRAZIL.—The Decree of 31 December 1924 fixed the ports by which immigrants to Brazil may enter the country. These ports are : Belém, Recife, San Salvador, Victoria, Rio de Janeiro, Santos, Paranaguá, San Francisco, and Rio Grande (section 7). CANADA.—The Immigration Act, 1910-1924, provides that every transportation company bringing passengers or other persons to Canada by vessel must prevent such persons leaving the vessel at any time or place other than such as are designated by the immigration officer (section 25). No one may enter Canada except at a "port of entry", defined as any port, railway station or place in Canada designated by the Minister for the inspection of immigrants, passengers or other persons. (Immigration Act, 19101924, seclions 33, (6), and 33, (7).) No person of Chinese origin or descent other than members of the diplomatic corps, or other Government representatives, or children born in Canada of parents of Chinese race who have left Canada for educational or other purposes, may enter or land in Canada elsewhere than at the ports of Vancouver and Victoria, and no person of Chinese origin and descent, without exception, may enter Canada except at a port of entry. (Chinese Immigration Act, 1923, sections 6 and 7.) By an Order in Council of 9 June 1919 (P.C. 1202), it is provided that the landing in Canada of any immigrant of the skilled and unskilled labour classes at any port of entry in British Columbia specified in a schedule to the Order is prohibited. The schedule contains the names of twenty ports in British Columbia. C O S T A RICA A special route for entry and departure is fixed for the Chinese who were resident in Costa Rica before the date on which individuals of Chinese nationality were forbidden to enter and who have preserved their right of residence. They must use the port of Limón or that of Puntarenas. (Decree of 11 December 1924, section 13.) CUBA.—By the Act of 11 July 1906 immigrants will normally disembark at the ports of Havana, Cienfuegos, Nuevitas, and Santiago de Cuba. However, they may be allowed to disembark at any other point in the Island when, in the opinion of the executive authorities, such permission may avoid complications or transport costs (section 3). By the Decree No. 570 of 27 April 1926, Chinese who are by way of exception permitted to land on Cuban territory must do so at the port of Havana. Their disembarkation in other ports is strictly forbidden except for diplomatic or consular officials of the Chinese Government on an official mission 288 THE ARRIVAL OF IMMIGRANTS or for any individuals to whom the Immigration Committee has granted express permission to land at some other port. FRANCE.—The French frontier stations for the entry of immigrant workers are mentioned in Chapter IV, § 1. G R E A T BRITAIN.—Section 2 of the Aliens Order (as amended in 1923) stipulates that an alien (not being a seaman) may not land in the United Kingdom elsewhere than at an approved port. The list of approved ports is as follows 1 : London, Dover, Folkestone, Newhaven, Southampton, Plymouth, Bristol, Cardiff, Liverpool, Glasgow, Leith and Granton, Tyne ports, Hull, Grimsby, and Harwich: Air stations : Lympne, Croydon, and Cricklewood. An alien may in special circumstances be permitted to land by the Secretary of State at a port other than an approved port. Colonies.—Federated Malay. States. By the Labour Code Enactment, No. 18 of 1923 (section 10, (1)), it is provided that no immigrant may enter the Federated Malay States except at such ports and places as the Chief Secretary to the Government may, by notification in the Gazette, prescribe. By the Gazette Notification No. 302, Vol. XVI, No. 2, ports and places at which immigrants may land in the Federated Malay States were declared to be as follows : Gula, Kuala, Port Weld, Sitiawan, Telok Anson, Port Swettenham, Port Dickson, Kuantan, Gemas, and Parit Buntar, Jamaica. By the Immigration Protection and Regulation Act, No. 23 of 1879 (section 4), the Government is empowered to declare through what ports indentured immigrants may be introduced. Straits Settlements. No immigrant may land in the Colony except at the ports of Penang, Malacca, and Singapore. (Labour Ordinance, No. 14 of 1923, section 51, (1).) Unfederated Malay State of Johore. No immigrant may enter the State except at such ports and places as His Highness the Sultan may by notification prescribe in the Gazette. (Johore Labour Code, No. 10 of 1924 (section 10, (1).) Unfederated Malay State of Kelantan. Ship-borne passengers, other than first-class passengers, may be landed only at Turnport, Bacho, and Semerak. (Indigent Alien Immigration Enactment, No. 6 of 1924, section 1.) GREECE.—The President of the Republic may, on the proposal of the Minister of the Interior, fix the ports and frontier stations which must be used by travellers entering or leaving the country. (Ordinance of 23 June 1927, section 15.) GUATEMALA.—The Act of 30 April 1909 lays down that immigrants must enter by ports appointed for that purpose or by the public routes through frontier towns (section 8). I R I S H F R E E STATE.—The Aliens Order, 1925, section 2, stipulates that an alien (not being a seaman) coming from outside Great Britain and Ireland shall not land in the Irish. Free State elsewhere than at an approved port, provided that an alien seaman and any other alien in special circumstances may be permitted to land elsewhere by the Minister. Moville and Çobh are listed as approved ports. J A P A N : F o r m o s a . — B y section 4 of Ordinance No. 68 of 24 September 1904, amended by Ordinances No. 25 of 1915 and No. 198 of 1920 regarding Chinese workers, the latter (as defined in Chapter I I I , § 1, (d)) must disembark at the port mentioned in their transport certificate. iScllediüe 2 of Aliens Order as amended in 1923. 289 ENTRY FEES MEXICO.—Immigration traffic, like emigration traffic, must take place through the appointed stations, that is to say, either by ports on the high seas or frontier towns mentioned as stations for international trade or at such land or sea stations as may be specially appointed by the Minister of the Interior. Special permission is given in the case of ships transporting a large number of immigrant workers under contract with a mining, industrial, or agricultural undertaking. When such immigrants disembark at a port other than the usual one, the Minister must see that the necessary precautions are taken in every case to ensure compliance with the Migration Acts. Ships coming from abroad and bringing immigrants to an island belonging to Mexico must first of all call at the Mexican port which is nearest to that island and which is recognised as a point of entry, so that the officials of the Migration Department may ensure compliance with the formalities and conditions required by the Act. (Migration Act of 12 March 1926, sections 2, 3, 44, 48, and 68.) N E T H E R L A N D S : E a s t Indies.—By the Royal Order No. 32 of 15 October 1915 and its amendments, Dutch persons not born of parents domiciled in the East Indies, or not domiciled there themselves, and all aliens must enter the Colony by the harbours fixed by the Governor-General. A list of these harbours, numbering about thirty, was given in an Ordinance of 23 November 1917 (I.S., 1917, No. 693) and amended by various later Ordinances. NEWFOUNDLAND.—By Chapter 77 of the Consolidated Statutes of Newfoundland, 1916, section 1, (1), it is provided that no immigrant may land in the country except at a port of entry. SIAM.—Every ship bringing alien passengers to Siam must call only at such Siamese ports as have been appointed for the examination of passengers. (Regulations of 21 July 2470 of the Buddhist era (1927), section 3.) UNITED STATES.—The following are designated as Canadian sea ports of entry for aliens bound for the United States : Halifax, Nova Scotia ; Quebec and Montreal, Quebec; St. John, New Brunswick; and Vancouver and Victoria, British Columbia. The following are designated as Canadian border ports of entry for aliens : Yarmouth, Nova Scotia; Chartierville, Province of Quebec ; together with seventy-two other cities situated in the border States of the United States. The following are named as Mexican border ports of entry for aliens, all of which are in the United States : Brownsville, Hidalgo, Rio Grande City, Zapata, Laredo, Eagle Pass, Del Rio, Presidio, and El Paso (Texas); Columbus (New Mexico); Douglas, Naco, Nogales, San Fernando, and Ajo (Arizona); and Andrade, Calexico, Campo, and San Ysidro (California) (Rule 3, 1927). By the Air Commerce Act of 1926 (section 7, (d)), the Secretary of Labour is authorised to designate any of the ports of entry for civil aircraft as ports of entry for aliens arriving by air. § 8.—Entry Fees Certain countries collect fees from persons entering the territory and use them to cover the costs of the supervision of immigration. Certain classes of. travellers are, however, exempt from such 19 290 THE ARRIVAL OF IMMIGRANTS payments. Moreover, some authorities are at times given the power to fix or alter the amount of such fees. Other States have imposed an annual tax on immigrants or else demand the payment of a more or less large fee for the provision or renewal of a permit of residence in the country. Mention is made of these in Chapter XI, § 5. B R I T I S H M A N D A T E D T E R R I T O R Y : Palestine.—Every person who enters Palestine as an immigrant, or having entered Palestine as a traveller is permitted to remain for a period exceeding three months, must pay on entry or on receipt of such permission such fee as the High Commissioner may direct by Regulation under the Ordinance. (Immigration Ordinance, No. 32 of 1925, No. 5, (3).) By the Ordinance of 20 January 1926, it is further provided that any person who, having entered Palestine as a traveller, has been permitted to remain for a period exceeding three months and has paid the prescribed fee shall not be required to pay it again if he re-enters Palestine as an immigrant within two years of his entering Palestine as a traveller. The same regulations state that every person entering Palestine must pay certain fees if he is isolated or treated in hospital, vaccinated or inoculated, or if required to undergo disinfection, medical observation or detention in quarantine or a lazaret. By Orders dated 81 August 1925 and 25 August 1926, certain persons are exempt from the payment of immigration fees. MEXICO.—The Immigration Act of 12 March 1926 provides (sections 23-25) for an immigration fee which will be collected by the migration officials ; later regulations, dated 28 February 1927, fixed the methods of collection. According to these regulations, the immigration fee must be paid by all aliens who can be considered as immigrants in terms of the Act Of 1926 (cf. Chapter I I , § 1, "Definition of a n Immigrant") by means of a stamp affixed to the personal identity card when the immigrant is admitted. The fee paid is refunded if the individual leaves the country less than six months after arrival. Aliens who are deported for clandestine immigration have not the right to claim this refund. The following persons are exempt from the fee : minors who are accompanied by their parents, grandparents or guardians, a married woman accompanied by her husband, or coming to rejoin him, women of over twenty-five years of age whose relatives live in the country and are solvent, and who promise to support them and guarantee that they do not come for the purpose of seeking work. Professional and technical workers of all classes who are engaged or invited by the Government of the Union or of one of the Mexican States (in the latter case they must have an exemption from the Minister of the Interior), workers (braceros) who immigrate in terms of the Federal Land Settlement Act of 10 May 1926, artists coming under contract in order to practice their profession, and foreign students. This freedom from payment of the fee and the reasons for it must be mentioned on the individual's identity card (tarjeta de identificación). The amount of the fee is fixed every year in the Budget Act, taking into account the interests of the country with regard to the migration movement. In enforcing the payment of the fee, any international Conventions signed by Mexico must be respected. N E T H E R L A N D S : E a s t Indies.-t-By the Order of 15 October 1915 (LS., 1916, No. 47), and later amendments, aliens entering the country as free immigrants must pay in exchange for the permit granted them by the immigration officials to admit them to the country a t a x of 100 Netherlands ENTRY FEES 291 florins 1 for the head of the family, his wife, and any minor children. This sum is refunded if the bearer of the permit is not allowed to take up residence or if he leaves the country within six months. Natives recruited under contract do not require an individual immigration permit and are therefore exempt from this fee. U N I T E D STATES.—Section 2 of the Act of 1917 provides t h a t a t a x of $8 must be paid for every alien, including an alien seaman regularly admitted as provided in that Act, entering the United States. Bule I, 1927, stipulates that upon the arrival of aliens in the United States, the immigration officers in charge at the various sea and border ports of entry, including the designated Canadian sea ports, must render a certified statement to the officer authorised to collect head tax, showing the number of such aliens subject to the payment of the t a x and the transportation company responsible for paying it. The statement must also include the number of aliens held for special enquiry and the number making unsatisfactory claim to exemption from the payment of head tax, and the nature of such claim. Where aliens arrive in the United States other than by vessel or common carrier of passengers, or when collection of head tax from vessel or common carrier is impracticable, such t a x must be paid by the alien himself. Refusal or inability on the part of an alien to pay the tax when assessable results in a refusal to entertain the alien's application for admission. The head tax is not levied upon the following classes of aliens : (a) diplomatic and consular officers and other accredited officials of foreign governments; their suites, families and guests; (b) children under sixteen years of age who accompany their father or mother and whose relationship and age are established; (c) aliens whose legal domicile or bona-fide residence was in Canada, Newfoundland, Cuba, or Mexico for at least one year immediately preceding entry, and who enter the United States from one of those countries for a temporary period in no instance exceeding six months; (d) aliens who have been lawfully admitted to the United States, and who later go in transit from one part of the United States to another through foreign contiguous territory; (e) aliens who, starting from a port of the United States, return thereto after a continuous sea trip or cruise without change of vessel; (J) aliens who, without taking up residence in the United States, habitually cross and recross the land boundaries and who hold an identification card (cf. Chapter VIII, § 3) 2 ; (g) aliens lawfully admitted and having a bona-flde residence in the United States who, without relinquishing such residence, visit Canada, Newfoundland, Cuba, or Mexico for a temporary period in no instance exceeding six months; (h) aliens in transit through the United States for whom a bond has been given t h a t they will, by continuous transit, pass through and out of the United States, or who are accompanied by a sufficient number of immigration officers, guards and attendants to ensure their passage through and out of the United States without unnecessary delay; (i) citizens and alien residents of the Philippine Islands, Virgin Islands, Porto Rico, Hawaii, or Guam; (j) alien seamen landing with the intention to re-ship foreign; (k) alien seamen regularly admitted and domiciled in the United States when returning from a continuous round trip voyage made without change of vessel. 1 One florin = approximately Is. 8d. With a view to identifying aliens who habitually cross the frontier, an identification card is given to such persons (Rule 3Q, 1927). 2 292 THE TRANSPORT OF IMMIGRANTS CHAPTER I X T H E TRANSPORT OF IMMIGRANTS The transport of migrants, which is carefully regulated by Emigration Acts, is also subject to legal regulation in certain immigration countries. Besides the humanitarian motives which make States consider the Conditions in which immigrants arriving in their countries have to travel, utilitarian considerations also lead them to institute a system of supervision : the country of destination desires to receive healthy and vigorous elements into its population and does not wish t h e m to be weakened by a voyage carried out under unhealthy conditions or to be carriers of disease germs. Immigration t o a country is also encouraged if t h e immigrants are assured t h a t they will be transported under favourable conditions. I t m u s t be added t h a t certain countries are led t o take a particular interest in this question because the transport of immigrants is subsidised b y the State or is undertaken on behalf of national organisations. § 1 . — T r a n s p o r t by Sea The regulations regarding the transport of immigrants deal particularly with transport b y sea, for reasons pointed out in Volume I of this work. Certain provisions refer to the accommodation on board ship, others to the t r e a t m e n t of the migrants. From these two points of view it will be necessary t o repeat the various observations made when stating t h e regulations of emigrant countries with regard t o the enforcement of general measures for all passenger vessels and special measures for ships TRANSFORT BY SEA 293 carrying migrants : the technical details of the construction and accommodation on such vessels, the victualling on board, the special staff to be employed, and the existing methods of supervision for ensuring compliance with the regulations (preliminary or periodic examination, reports by the ship's medical officers, appointment of inspectors on board, etc.). All these points are covered at once or separately in more or less detail by the Immigration Acts of various States. Further, a complete inspection of the ships is often made on arrival. I t naturally follows t h a t there is a certain conflict between the provisions issued separately by each State concerned (the country whose flag t h e ship flies, the country of emigration, the country of transit, and the country of immigration), and t h a t these provisions do not necessarily harmonise. Very often a ship m u s t on arrival satisfy legal conditions different from those demanded a t the place of departure. Certain precautions, however, are sometimes taken to avoid such conflicts; some laws stipulate t h a t the regulations issued for the protection of immigrants during transport shall apply only when similar precaution is not exercised b y the country of origin of t h e immigrants; often the regulations in the immigration country merely constitute a minimum, and it is specifically laid down t h a t they do not exclude the enforcement of regulations issued by the country of emigration and more favourable to t h e migrants. On this head there are numerous difficulties which, it seems, cannot be solved except by international agreements setting u p a common system of regulations which will do away with all reasons for conflict and will facilitate supervision carried out by common agreement in the respective countries and on the sea by the various States concerned. As a typical example of the regulations regarding the transport of migrants issued b y an immigration country, a somewhat detailed account is given of the regulations imposed by Argentina on ships bringing immigrants t o t h a t country. ARGENTINA.—By Act No. 817 of 19 October 1876, an immigrant ship is defined as "any sailing or steam ship transporting from the ports of Europe or from ports of any foreign shore forty or more second-class or third-class passengers". Ships in this class enjoy the various privileges granted to the most favoured ships performing long voyages, particularly with reference to facilities for entering and leaving, loading and unloading. At the same time they are subject to certain provisions regarding their capacity and the quarters, comfort, security, and health of their passengers, 294 THE TRANSPORT OF IMMIGRANTS which may be summarised as follows : No ship transporting immigrants may carry more than one passenger for every two registered tons. The space allowed to each passenger must be not less than 1.8 square metres if the deck is 2.28 metres high, 1.83 square metres if the deck is 1.83 metres, and 1.49 square metres if the deck is 1.66 metres ; children under one year of age do not count as passengers and a child between one and eight years counts as a half passenger. The minimum height of the lower deck must be 1.66 metres, and it must always remain free for the coming and going of the passengers. The minimum dimensions of the bunks are 1.83 metres by 0.5 metre (inside measurements). There must not be more than two rows of bunks above each other. These ships must be provided with ventilators, pumps, kitchens, and the appliances and fittings necessary for the health, safety, and well-being of the passengers in accordance with the particular regulations on these points, as well as lifebuoys and lifebelts in proportion to the number of passengers carried. They may not transport dangerous or unhealthy materials, such as gunpowder, vitriol, phosphorus, guano, inflammable substances, or fresh animal or vegetable products except such as are required for food. The ships must have on board a doctor and a chemist provided with all the necessary medicines. The masters must not take on board for transport to Argentina any passengers from countries where cholera morbus, yellow fever, or any other epidemic disease is raging. If any case of epidemic or contagious disease should occur on board, the master must see that the sick person receives all necessary care and the ship's medical officer must fill up a certificate stating the nature of the disease and the circumstances of the case. I n the case of a voluntary or forced call in a port other than that of destination, the immigrants have the right to be fed and supplied with lodgings either on board or on land at the expense of the shipping company. Immigrants have also the right to remain on board for forty-eight hours after the arrival of the vessel at the port of destination. Immigrant ships are inspected on arrival in Argentina by a committee formed of a doctor and officials of the Immigration Department, who will see that the regulations are being observed, will gather information from the masters and the passengers and will hand to the masters a certificate stating that the regulations have been carried out; should the inspection reveal any infringements, the committee will report them. Infringement of the regulations for immigrant ships are punishable by fines, apart from any civil damages or criminal actions to which they may give rise. Ships against which complaints are made may be refused permission to leave the harbour until satisfaction has been obtained. (Sections 18 to 37 of the Act, completed by the Decree of 31 December 1923.) AUSTRALIA.—The Imperial Conference, 1926, recommended the appointment of permanent conductresses on board ship for parties of single or unaccompanied women migrants proceeding from Great Britain to Australia, at the joint expense of the British and Australian Governments K BRAZIL.—According to Instructions published on 30 June 1925 for the enforcement of Decree No. 16761, transport companies applying for permission to transport immigrants must give the names of the ships which they employ, the ports of call, the tonnage of each ship, the fare for each class of passenger, and the conditions of comfort, hygiene, food, safety and medical assMance which the passengers will enjoy, as well as a statement of the normal length of the voyage. 1 IMPERIAL CONFERENCE, 1926 : Appendices to the Summary of Proceedings. Cmd. 2768. 295 TRANSPORT B Y S E A Decree No. 9081 of 3 November 1911 (sections 13 to 24) lays down the obligations which must be fulfilled by transport companies bringing immigrants by contract with the Federal Government. The Government must » enter into agreements with those shipping companies which offer the most comfortable and most advantageous conditions for the voyage; the conditions will be discussed before the contract is drawn up so as to assure t h a t the transport of the passengers will be hygienic and comfortable. I n the State of Sâo Paulo a Decree (No. 2400 of 9 July 1913) lays down the general conditions which must be complied with by ships transporting immigrants under contract with t h e Government. These conditions refer to the average normal speed, safety, the number of passengers, their quarters, the number of bunks, the hospital accommodation, lavatories, laundries, medical assistance, food, drinking water, etc. However, according t o section 64, none of these provisions shall apply to ships coming from foreign ports where regulations are in existence for the transport of migrants. In this case the ships must observe these regulations, provided that they are not less favourable to the immigrants than those of this Decree. CANADA.—-The Immigration Act, 1910-1924, provides that the Governor may, whenever he deems it necessary, prohibit : (a) the landing in Canada of a n y immigrant who has come otherwise than by continuous journey from the country of which he is a native or naturalised citizen, and upon a through ticket purchased in that country, or pre-paid in Canada ; (b) t h e landing in Canada of passengers brought by any transportation company which refuses or neglects to comply with the provisions of the Act (section 38, (a), (b)). If, during the journey, the master or any member of the crew is guilty of violating the law in force in the country from which the ship has departed regarding his duties towards immigrants, or if t h e master commits any breach of t h e contract for t h e passage made with any immigrant, he is liable t o a fine not exceeding 100 dollars, a n d not less t h a n 25 dollars, independent of any remedy for any other cause of complaint (section 56). No person on board a vessel bringing immigrants to Canada may, while the vessel is in Canadian waters, entice or admit any female immigrant into his apartment or, except by the direction or permission of the master of the vessel, visit or frequent any part of the ship assigned to female passengers. A written or printed notice to this effect in English, French, Swedish, Danish, German, Russian, Yiddish, and any other language as ordered by the Deputy Minister, must be posted up in the forecastle and in the parts of t h e steerage assigned to steerage passengers. The immigration officer at the port of arrival must ascertain if this provision has been duly observed on each ship transporting immigrants (sections 57 and 58, (1)). The Minister m a y detail officials for duty on vessels transporting immigrants to Canada. These officials must keep t o the part of the ship assigned to immigrants. They must observe t h e immigrants during t h e journey, and report to the officer in charge a t the port of arrival any information which they may have acquired as to the desirability or undesirability of such immigrants (section 58, (4)). Women conductresses are appointed1 on board ship for parties of single or unaccompanied women migrants . On all ships carrying adult 2 immigrants, provision must be made for each of them of an unencumbered area of 15 square feet on each deck assigned to their use. The area must not be occupied by goods or other articles, 1 CANADA, DEPARTMENT O F IMMIGRATION AND COLONISATION : Report for the Fiscal Year ended 31 March 1925, p . 48. G R E A T B R I T A I N , IMPERIAL CONFERENCE, 1926 : Appendices to the Summary of Proceedings, p . 276; Cmd. 2768; London. 2 By t h e t e r m " a d u l t " is m e a n t a n y person of or above t h e age o£ fourteen years. 296 THE TRANSPORT OF IMMIGRANTS and may only be used for the personal luggage of the passengers. No ship may transport more than one person for every two registered tons—the captain, crew, and first-class passengers included. The sale of intoxicating liquors to third-class passengers and steerage passengers is prohibited. Such liquors may only be obtained by passengers of these classes on authorisation by the captain, the physician, or other qualified medical practitioner on board. (Immigration Act, section 59, (la), (1&), and (3).) If housing or means of transport are not immediately at the disposal of immigrants, the captain of the ship must keep them on board for twentyfour hours, or until the means of departure or housing have been found. (Ibid.? section 61.) F R A N C E : Colonies.—By the Decree of 27 March 1852, which, in P a r t I I (sections 14 to 33), regulates the transport of immigrants, every French or foreign ship taking on board more than thirty immigrants travelling to any French colony is considered as specially employed for the transport of immigrants. The voyages of immigrant ships are divided into two categories according to their duration. The number of passengers to be carried is fixed according to the dimensions (tonnage) of the ship, and is rather higher for short journeys (first category). This Decree also states the amount of room to which each passenger is entitled for himself and his luggage and the amount of food which should be kept on board per person per day. In the case of Asiatics, the necessary ingredients for the usual meals of these immigrants must be included in the provisions to a reasonable extent. As regards sleeping accommodation, a woollen blanket must be provided for each individual. The seaworthiness of the ship and its accommodation must be examined by the inspecting officers in French ports and by the French consul in foreign ports. A special inspection of the seaworthy condition must be carried out every four months, while an inspection of the provisions carried must be held before each departure. Should an immigrant ship remain in harbour seven days after the inspection, or touch at another port during its voyage, or take on board other passengers, a fresh examination of the provisions carried should be made. Ships transporting natives recruited by a colony must be accompanied by an official agent of the Government of the colony of immigration, who must protect them during the crossing and see that the provisions of the Decree regarding quarters and food on board are complied with. Infringements of the various provisions regarding immigrant ships when they have been noted at the place of arrival are subject to the penalties laid down in sections 483 and 484 of the Colonial Penal Code, quite apart from any actions for damages which may be taken through the special commissioner who supervises the arrival of immigrants. Such damages are paid to the Immigration Fund and must be borne jointly and severally by the shipping company and the master. I n the case of a French ship, any disciplinary measures may also be taken against the master of the vessel for abuse of his authority, excesses, or cruelty to the immigrants. Recent Decrees for the enforcement of these regulations in various colonies, particularly in the Establishments in Oceania (Decree of 24 February 1920) and in Madagascar (Decree of 6 May 1903), bring into force again the provisions of the general Decree quoted above, and insist that on every ship employed for the transport of immigrants there should be appointed an official of the Colonial Service who shall act as Government Commissioner on board and supervise the observation of the legal regulations on board ship. The expenses arising from the employment of this official will be borne by the persons engaging the immigrants in proportion to the number they engage. IndorChina. By the Order of 13 March 1925, a permanent committee in the Port of Haiphong must supervise the enforcement of all necessary TRANSPORT BY SEA 297 regulations regarding the comfort of immigrants on board and must fix the maximum number which can be carried. G R E A T BRITAIN.—The Merchant Shipping Act, 1894, amended by the Act of 1906, provides that the master of every ship bringing steerage passengers to the British Isles from any port out of Europe and not within the Mediterranean Sea, must, within twenty-four hours after arrival, deliver to the immigration officer at the port of arrival a correct list specifying the name, age, and calling of every steerage passenger embarked, and the port at which he embarked, and showing also any birth which has occurred amongst the steerage passengers and, if any steerage passenger has died, his name and the supposed cause of his death (section 336). If any such ship has on board a greater number of steerage passengers than is allowed by the Act in the case of emigrant ships proceeding from the British Isles, the master is liable to a fine (section 337) (cf. Vol. I, Chapter I X , § 1). The master of every ship must issue to each steerage passenger during the voyage pure water and good and wholesome provisions in quantities not less than the amount required for emigrant ships proceeding from the British Isles (section Colonies.—The Labour Ordinances of the Federated Malay States, the Straits Settlements, and the Unfederated Malay State of Johore provide that no immigrant shall be imported into the State except on the following conditions : (a) The ship in which he is imported, if carrying more than twenty immigrants, must carry during the whole course of the voyage a qualified practitioner who must attend to the health of the passengers and the sanitation of the ship. (b) The master of the ship must on arrival at any port within the Colony produce to the boarding officer a certificate from the port of departure signed, if such port be Hongkong, by a competent officer, or, in the case of any Chinese port, by a qualified person appointed by the British consul stating : (1) the voyage the ship was intended to make ; (2) that at the time of her departure she had the proper complement of officers and seamen and was sufficiently equipped for the voyage ; (3) the number of immigrants on board and that such immigrants together with the other passengers on board were not in excess of the number of passengers which may properly be carried on board such ship ; (4) that at the time of her departure there was on board the ship a good and sufficient supply of food, pure water, and medicine for the use of the immigrants during the intended voyage; (5) that the accommodation and sanitary arrangements for the immigrants during the voyage on board the ship were satisfactory. (Federated Malay States, Labour Code Ordinance, No. 18 of 1923, section 31 ; Straits Settlements, Labour Code Ordinance, No. 14 of 1923, section 67; Unfederated Malay State of Johore, Labour Code Enactment, No. 10 of 1924, section 31.) British Guiana. By the Immigration Ordinance of 1891 (section 45), every ship arriving in the Colony must be inspected by the Immigration Agent-General assisted by the Medical Officer to ascertain whether the provisions of the Chinese Passengers Act, 1855, and the Passengers Act, 1855, have been carried out. Jamaica. The master of every ship bringing steerage passengers to Jamaica must issue to every passenger three quarts daily of pure water and, if the immigrant has contracted to be supplied with food, good and wholesome provisions. The ship must be provided with life-saving apparatus in good order and condition, sufficient for every person on board, and its steerage passengers may not exceed the stipulated proportion of one adult to every 12 298 THE TRANSPORT OF IMMIGRANTS superficial feet of approved deck properly allotted to their use. (Steerage Passengers Act, No. 30 of 1924, sections 4, (1), and 5, (1).) By the Immigration Act, 1870, it is further provided that the Protector or Inspector shall inspect every ship arriving with immigrants and the immigrants on board, and shall ascertain whether the provisions of the British statutes and of the regulations relating to the transport of immigrants have been complied with, and shall report to the Governor the condition of such ship and immigrants (section 76). Similarly, the Protector or Inspector is bound to inspect every ship hired for the conveyance of return immigrants before its departure from the Colony (section 80). Mauritius. The Labour Ordinance, 1922 (No. 12 of 1922), provides t h a t any person desirous of introducing immigrants from places other than British India must obtain a licence from the Governor or, if in a place outside the Colony of Mauritius, from any British consul, agent, or emigration agent. No licence may be granted to the master of a ship to carry immigrants to Mauritius unless he enters into a bond to furnish every immigrant such quantity of good, wholesome provisions as may be specified by the Governor for their daily maintenance (sections. S3 and 54). On the arrival at Mauritius of any ship having on board Indian immigrant labourers, the Protector of Immigrants must inspect it to see t h a t the regulations have been complied with. He must make a report to the Governor, and deliver to the master a certificate of performance. (Labour Ordinance, No. 12 of 1922, section 26.) Trinidad and Tobago. Any person who desires to introduce immigrants into the Colony for labour, and who charters a vessel for the purpose, must obtain a licence from the Governor. No licence will be granted unless the master enters into a bond to provide for and furnish each immigrant with such quantity of good and wholesome food as may from time to time be specified by the Governor of the Colony. Any master who fails to furnish such provisions, or is guilty of ill-treating immigrants is liable to a fine of £100. (Immigration Ordinance, No. 26 of 1916, sections 45, 48, and 56.) GUATEMALA.—By the Act of 30 April 1909, immigrant ships, if specially used for this purpose, are exempt from all harbour dues and are granted the greatest facilities for entering, leaving, loading, and unloading ; and for this purpose the authorities of the port of arrival must give them the necessary assistance as quickly as possible (section 28). Sections 27 to 35 describe the measures of supervision to be employed in making sure that shipowners transporting immigrants to this country should grant their passengers such conditions of room, comfort, and hygiene as are necessary to ensure the health and well-being of the immigrants during the voyage. For this purpose the official immigration agents or the consuls must inspect vessels which transport immigrants to Guatemala. They must insist that each ship has on board a competent surgeon provided with the medicines and instruments which he may require. MEXICO.—According to the Health Code of 27 May 1926 (section 85) shipping companies whose ships are intended solely for the transport of immigrants, workers or settlers (as defined in Chapter I I , § 1), and which carry more than ten on each voyage, must comply with the following regulations. They must have on board such accommodation for the Immigrants as will ensure good hygienic condition and must provide their ships with all the necessary appliances and materials for disinfection. Companies engaged in the transport of immigrants must have on board each ship (even in the case of small vessels) a medical officer provided with all the medicines which may be useful in case of sickness or accidents, and must provide good food for the immigrants during the voyage. N E T H E R L A N D S : S u r i n a m . — T h e Ordinance of 16 April 1896 regarding the recruiting of natives of J a v a for employment in Surinam 299 TRANSPORT BY SEA contains detailed regulations regarding the transport of the workers engaged and of their families, particularly with reference to the accommodation and the equipment of the ships, the food and medical attention necessary for the immigrants during the voyage, and the inspection of the vessels and of the provisions on board before departure. NEWFOUNDLAND.—By Chapter 79 of the Consolidated Statutes of Newfoundland, 1916, section 2, it is provided that no vessel carrying Chinese immigrants to any port in the Colony may carry more than one such immigrant for every 50 tons of its tonnage ; and the owner of any such vessel who carries any number of immigrants in excess of the number allowed shall incur a penalty of $200 for each Chinese immigrant so carried in excess of such number. N E W ZEALAND.—Women conductresses are appointed on board ship for parties of single or unaccompanied women migrants at the joint expense of the British and New Zealand Governments K Ships bringing Chinese immigrants to New Zealand must not carry more than one of these immigrants for every 200 registered tons. If an excess load is carried, the owner, charterer, and master of the ship are jointly and severally responsible for the payment of a fine up to £100 for each Chinese passenger carried in excess. (Immigration Restriction Act, 1908, section 29.) PERU.—By the Decree of 16 August 1906, ships carrying immigrants to Peru must be so constructed that every person is provided with an unencumbered area of at least 2 square metres, and that the height between decks should be about 1.8 metres. Ships must possess a sick- room reserving a t least 3 square metres per sick person, and with a total capacity sufficient to receive at least 4 per cent, of the persons taken on board. They must be provided with a steam chamber for the disinfection of infected articles in the case of contagious diseases and have on board a medical officer and the necessary medicines. Every incident affecting health must be noted in a special book during the voyage. ' Ships transporting immigrants to Peru are examined at the port of embarkation by the Peruvian consul, accompanied by a medical officer, who supervises the hygienic conditions of the ship. The consul shall not grant a visa to any health certificates in excess of the number of immigrants which the vessel is capable of transporting. U N I T E D STATES.—Parts VI to VIII of the Navigation Laws of the United States, 1919, contain provisions to regulate the arrangements on board ships in general and steam vessels in particular, with a view to their seaworthiness. In accordance with those laws, an unseaworthy ship may not be sent to sea. A careful inspection is called for in the case of steam vessels, after which a certificate of inspection is issued, specifying the number of passengers of each class that the vessel may carry. Part I X of the same Laws relates more particularly to the transport of steerage passengers and immigrants (Passenger Act, 2 August 1922). "Steerage passenger" is held to mean any passenger except a cabin passenger; and no person is to be deemed a cabin passenger unless the space allotted to his exclusive use is in the proportion of at least 36 clear superficial feet. There are special provisions laying down the conditions to be fulfilled by vessels transporting steerage passengers. They relate to the number of such passengers allowed to be carried ; the amount of space to be reserved for each; conditions of accommodation (number, size, and arrangement of berths), comfort (lighting and ventilation), hygiene (disinfection of compartments, installation of w.c.'s, etc.), provisions (number of meals, 1 I M P E R I A L CONFERENCE, 1926 : Appendices to the Summary of Proceedings, p. 276. 300 THE TRANSPORT OF IMMIGRANTS quality of provisions), medical attendance (presence on board of a qualified medical practitioner and installation of hospital accommodation), etc. Other provisions forbid any person other than the steerage passengers themselves to visit or frequent any part of the vessel provided for or assigned to the use of such passengers except by the direction or permission of the master of such vessel. Others, again, prohibit the taking on board of explosives or cattle insufficiently isolated. Inspection by the authorities of all arriving vessels is also provided for with a view to ascertaining that the stipulations of the law (e.g. in relation to hygiene, capacity, etc.), have been duly complied with; and, in case of need, the verification of the cause of any case of sickness which may have occurred during the voyage. A sum of $10 is payable in respect of every steerage passenger whose death from natural causes has occurred during the voyage. According to the Immigration Act, 1917 (section 11, (a)), the Secretary of Labour is authorised to enter into negotiations with countries vessels of which carry aliens to the United States, with a view to detailing inspectors and matrons of the United States Immigration Service for duty on vessels carrying immigrant or emigrant passengers between foreign ports and ports of the United States. These inspectors and matrons must remain in the part of the vessel where immigrant passengers are carried, and it is their duty to observe such passengers during the voyage and t o report to the immigration authorities a t the port of landing any information of value in determining the admissibility of such passengers that may become known to them during the voyage. According to Rule 27, subdivision I, immigration officers on board vessels arriving at United States ports for the purpose of inspecting passengers or crew must observe the conditions prevailing upon the vessel with respect to sanitation and the comfort of the passengers and crew, and they must submit a report to the immigration official in charge. Two copies of this report are forwarded to the Bureau of Immigration in order t h a t such further action as may be deemed necessary may be taken. URUGUAY.—The Act of 1890 stipulates that the conditions of accommodation, hygiene, maintenance, and treatment on board immigrant ships coming to any port in the Republic must be the same as those required for immigrants going to other ports on the Rio de la Plate (that is to say, towards Argentine ports). VENEZUELA.—The Immigration Act of 1918 regulates in detail the conditions with which immigrant ships must comply. Such vessels must not take on board more than two passengers per registered ton. Every individual must have a clear space of 1.3 square metres if the deck is 2.8 metres high, 1.33 square metres if the height of the deck is 1.83 metres, and 1.49 square metres if the height of the deck is 1.66 metres. A child is reckoned as half a passenger. The space between decks must be at least 1.66 metres in height and the bunks must be at least 1.83 metres in length by 0.5 metre in breadth. Every ship must possess all the lifeboats, instruments;, and appliances necessary for the health, safety, and convenience of the passengers. The master must distribute and exhibit copies of the Venezuelan Immigration Act. Vessels may obtain exemption from haTbour, lighthouse, and other dues, and even receive a special Government subsidy if they prove that the ships which they employ for the transport of immigrants are seaworthy and in good condition from the point of view of hygiene, and that the fares charged are moderate and less than those generally charged. The Executive Power must supervise the observance of the rules for health and safety on board, and see that the immigrants are well treated and suitably fed. , TRANSPORT CONDITIONS ON LAND 301 § 2.—Transport Conditions o n Land I t would appear t h a t no countries regulate the transport of immigrants by land u p t o the point of arrival at the frontiers. On the other hand, there are several regulations regarding transport within the country, whether by rail, river, or road, from the point of arrival t o the place of employment. These regulations refer particularly to the responsibility for paying the expenses of the journey, which are often borne by the State or charged to the employers. When the immigrants have t o pay such charges themselves, reductions are sometimes granted as a result of agreements with the transport companies. Provisions regarding the transport of immigrants by the State from the frontier to the place of employment are discussed in § 1 of Chapter X I , along with those referring t o all other privileges granted to new arrivals. 302 REJECTION AND REPATRIATION CHAPTER X REJECTION AND REPATRIATION This chapter includes all regulations regarding the return journey of migrants which are issued b y t h e countries of destination of the migrant;, i.e. all regulations on repatriation resulting from the refusal of admission, and also those referring t o various cases in which the immigrants leave the country after a more or less prolonged stay. § 1.—Rejection A t the examination on arrival, if an immigrant is declared to belong t o a prohibited class according to law, it very frequently happens t h a t his return journey is charged to the shipping or air transport company which brought him, at least if the reason for rejection existed before his departure and had not been concealed by t h e immigrant. More rarely, Immigration Acts impose the same obligation on land transport companies, b u t in very many cases this point is left indefinite. Although t h e transport company is obliged b y the country which prohibits the entrance of the immigrant t o remove him from the frontier point where such rejection takes place, the place t o which the immigrant m u s t be taken is not necessarily t h a t from which he came. Immigration Acts often specify t h a t a rejected individual must be taken back to his point of departure, b u t sometimes also to another point chosen b y himself or by the company, provided t h a t it is somewhere abroad. I t is indeed sometimes clearly stated t h a t the company which has t o p a y the cost of such transport shall not take the individual in question to a country from which he has just been expelled or REJECTION 303 t o any country which persecutes him; this provision helps to safeguard the freedom of political refugees. Often, the law does not state definitely the place to which a rejected individual must be taken. I n certain countries a company which is guilty of having transported a prohibited individual is also subject to the payment of a fine, quite apart from any damages which it may have to pay to the interested p a r t y if evident negligence on its p a r t was the reason for rejection. Often, moreover, as has been seen in Chapter V I I I , § 5, the undesirable alien is kept on board and the ship is responsible for his safe-keeping until he leaves the port. Sometimes the transport company m u s t pay a deposit guaranteeing the departure of the rejected immigrant, such deposit being returned when it is proved t h a t these obligations have been fulfilled. The purpose of such measures is t o prevent the clandestine immigration of an individual with the complicity or connivance of the transport agent concerned. BRITISH MANDATED TERRITORIES : Palestine.—The Chief Immigration Officer, or an immigration officer authorised by him, may order that a person arriving on a ship who is refused permission to enter Palestine shall be removed from Palestine by the master of the ship on which he arrived, or by the owners or agents of that ship, to the country of which he is a national or from which he embarked for Palestine. (Immigration Ordinance, No. 32 of 1925, section 6, (3).) Tanganyika.—An immigration officer who decides that a person is a prohibited immigrant may in his discretion, if the immigrant arrived by sea, order him to leave the Territory in the ship in which he arrived. He may order him to leave the Territory within a specified time, and by a specified route. (Immigration Ordinance, No. 16 of 1924, section 16.) Trans-Jordan.—Under the Aliens Act, 1927, the Emir may order that a person arriving on a ship who is refused permission to enter the country shall be 'removed by the transportation company concerned to the country of which he is a national, or from which he embarked for Trans-Jordan. FRENCH MANDATED TERRITORY : Togo.—By Order No. 71 of 31 January 1927, failure to show a passport or the presentation of an irregular passport entails the immediate re-embarkation of the individual (section 1). JAPANESE MANDATED TERRITORY : South Sea Islands.— Certain regulations discussed in Chapter VIII, § 2, refer to the rejection of the immigrant. SOUTH AFRICAN MANDATED TERRITORY : South-West Africa.—Every person notified by the immigration officer as a prohibited immigrant must be detained on the ship by the master, who must remove him from the Territory, and must pay the cost of his detention and maintenance. The immigration officer, however, may cause the person to be 304 REJECTION AND REPATRIATION removed in custody from the ship and detained in some other place when it seems to him desirable. (The Immigrants Regulation Proclamation, No. 23 of 1924, section 9, (1).) • A R G E N T I N A . — E v e r y passenger who does not fulfil the conditions laid down by Act No. 817 and the regulations issued in application thereof is kept on board, and the master of the ship is obliged to return him to the port of embarkation. He must also pay the fine laid down in section 35 of the Act of 1876, not exceeding 1,000 gold pesos 1, and give a guarantee that he will take back the passenger. When any passenger is thus rejected the immigration inspector will visit the ship a second time when it is about to depart to make certain that the rejected individual is on board. If he is not, the inspector can demand the payment of the deposit and draws up a report on the matter. The deposit is refunded when it is proved by a certificate from the Argentine consul of the port of origin that the rejected individual has really been taken back to his destination. (Decree of 31 December 1923, section 9.) AUSTRALIA.—The owners, agents, etc., of a vessel which brings a prohibited immigrant to the Commonwealth must, on being required by any collector of customs to do so, provide a passage for the prohibited immigrant to the place whence he came, and they are also liable to pay to the Commonwealth a fair sum to recoup the State for the cost of keeping and' maintaining the immigrant while awaiting his deportation from Australia.- (The Immigration Acts, 1901-1925, section 13A.) BRAZIL.—The Federal Decree No. 16761, of 31 December 1924, stipulates t h a t companies or undertakings which transport immigrants in contravention of the terms of the State Decree must provide for their maintenance on board and their repatriation (section 3). This Decree applies to all Brazilian States. CANADA.—The Immigration Act, 1910-1924, declares that every immigrant who is rejected by an officer or a Board of Enquiry must, if practicable, be sent back to the place from which he came on the vessel, railway train, or other vehicle by which he was brought to Canada. The cost of his maintenance while being detained after rejection, and the cost of his return, must be paid by the transportation company. Any transportation company which refuses or fails to do this is liable to a fine of not more than 500 dollars, and not less than 50 dollars for each offence. If any immigrant comes to Canada indirectly through another country and is rejected, and that other country refuses to allow him to return to it, he must be taken to the country of which he is a citizen or native by the transportation company which conveyed him to that other country, and at the cost of the company (section 39) (cf. § 2 of this Chapter). Anyone who has been rejected or is detained for any purpose under the Act, and who is suffering from sickness or mental or physical disability, may be afforded treatment on board ship or in an immigration station according to the decision of the officer in charge, and the cost of his hospital treatment and medical attendance and maintenance is to be paid by the transportation company which brought him to Canada (section 24, (1)). The Deputy Minister may direct that a suitable attendant shall be kept with the person during his medical treatment on board ship, or a t the immigration station or hospital, or, in case of deportation, shall accompany such person to his port of embarkation from Canada. Such cost is also to be paid by the transportation company (section 34, (2)). Persons permitted to enter Canada One Argentine gold peso = approximately 4s. 2d. REJECTION 305 for medical treatment are not considered as "landed" within the meaning of the Act (section 35). By the Immigration Rules of Canada (Rule 2, (6)), it is stipulated that transportation companies must deliver to the immigration offlcer-in-charge at a port of entry, within two days after request, the original transportation contracts of all rejected immigrants; and these contracts must show the exact amounts paid for transportation from the place in the country whence the immigrant was brought or from the country of his birth or citizenship, to inland destination in Canada. The Chinese Immigration Act, 1923, provides that every person of Chinese origin or descent brought to Canada by a transportation company and rejected by the Controller shall be sent back to the place whence he came by the company; and the cost of his maintenance, as well as the cost of his return, shall be paid by the transportation company (section 15). COLOMBIA.—The masters of ships which have transported prohibited immigrants to Colombia are obliged to take them back at their own expense, quite apart from any fines which may be imposed and which may vary from 50 to 1,000 gold pesos ». (Act No. 114 of 30 December 1922, section 13.) COSTA RICA.—Masters of ships bringing Chinese, whose immigration is prohibited by the laws of the country, must take them back to the place from which they came. (Decree of 11 December 1924, section 19.) CUBA.—By the Decree No. 384 of 2 March 1925 (section 14), amended by the Decree of 8 October 1926, every person found on Cuban soil contrary to the Immigration Acts and Regulations will be re-embarked to his country oí origin. If such infringement takes place during the first year following arrival, the return voyage must be paid for by the shipping company which brought this immigrant to Cuba, and after this period must be borne by the State. (As regards rejection at the moment of arrival, cf. Chapter VIII, § 5.) DENMARK.—The master of a ship bringing a passenger not provided with a passport is jointly responsible with the passenger for this offence. He is subject to a fine, and if the contravention of the Act involves the expulsion of the alien, the master of the ship or the shipping company or their representatives in Denmark must refund to the police the expense of repatriation. (Act of 31 March 1926, section 4.) ECUADOR.—Every prohibited alien is rejected. The masters of ships, and all companies, associations, undertakings, or individuals who bring prohibited aliens as immigrants must re-embark them and remove them from the country, but in no case must they take the alien to a country where he will be subject to sentence or conviction in a court of law unless an official request for extradition has been sent to the Government of Ecuador and granted by it. (Act of 18 October 1921, sections 24 and 27.) FRANCE.—Recent regulations, in particular the Circular of 15 February 1927 regarding the restrictions on the arrival of alien workers, stipulate that workers not provided with a certificate of employment in due form are subject to rejection on arrival at the frontier if they come with the intention of taking up a post and earning wages in France. Colonies 2 .—Aliens brought to French West Africa in contravention 1 One Colombian gold peso = approximately 4s. 2d. The Order of 25 Oct. 1927, regulating the admission of Asiatic aliens engaged as workers in the various countries of the Indo-Chinese Union, stipulates that immigrants who do 2 20 306 REJECTION AND REPATRIATION of the immigration regulations must be repatriated a t the expense of the company which brought them, by the first ship leaving the port, or in the case of clandestine disembarkation, after having paid the penalty. (Decree of 24 January 1925, sections 2-7.) GREAT BRITAIN.—The Aliens Order, 1920, amended in 1923, provides that if an alien is not permitted to land he may be placed temporarily on shore and detained at some place provided by the Secretary of State. Any such alien, or any alien who, not having been granted leave to land, is found on shore in the United Kingdom, must be removed by the master of the ship in which he arrived, or by the owner or agents of the ship, to the country of which he is a national, or from which he embarked for the United Kingdom, or, if he is a seaman, where he was engaged. This provision does not apply, however, if a period exceeding two months has elapsed since the date of the last arrival''of the alien in the United Kingdom. Colonies.—When an immigrant is prevented from landing by the boarding officer in any of the following British colonies, the master or owner of the ship must a t his own cost convey the person out of the colony. Gilbert and Ellice Islands : Consolidation Ordinance, 1917, section 21, (3). Gold Coast." Regulation of Immigrants Ordinance, No. 4 of 1914, section 3. Federated Malay States : Passengers Restriction Ordinance, No. 6 of 1922, section 8. Nyasaland : Immigration Ordinance, No. 17 of 1922, section 14. Straits Settlements : Passengers Restriction Ordinance, No. 169 of 1919, section 9, (4). Solomon Islands : Undesirable Immigrants Regulation, 1922;, sections 2 and 5. If the passenger has landed or is detained in the colony until after the ship in which he came left, the master or owner of the ship is liable to pay the Government all costs incurred in the maintenance and removal of the passenger. Barbados : Immigration of Paupers (Prevention) Act, 1909, sections 4 and 5. Federated Malay States : ibid,, section 8, (iv). If an immigrant who is entering the colony under a promise to labour there is found on arrival to be incurable or permanently unfit for service, he ntay be sent back at the expense of his creditor to the place where he was recruited. Brunei : Indian Immigration Enactment, 1924, section 17. Federated Malay States : Labour Code, 1923, section 25, (i), referring to Chinese immigrants; section 83, (4), referring to Indian immigrants; and Netherlands India Labourers Protection Enactment, 1909, section 5, (a). Trinidad and Tobago : Immigration Ordinance,No. 26 of 1916, section 50, (2). Unfederated Malay State of Johore : Labour Code, No. 10 of 1924, section 25, (i), referring to Chinese immigrants, and section 83, (iv), referring to Indian immigrants. Federated Malay States ; Unfederated Malay State of Johore. The Labour Codes of these colonies provide that when it appears upon examination that a Chinese immigrant has been brought into the State by fraud or misrepresentation as to work or wages, the Protector of Chinese Immigrants shall enquire into his case, and, if satisfied that he has just cause for complaint, shall either release him from his contract or send him back to the place from whence he came at the expense of his creditor. The Protector has the right to fix the maximum sum for which any immigrant shall be indebted for his passage money and advances. (Labour Code, No. 18 of 1923, sections 23, 25, (ii), and 27, (i).) Straits Settlements. By the Labour Code No. 15 of 1923 it is provided not pass the medical examination on arrival are returned to their country of origin at the expense of the person who engaged them. If the latter is not in a position to send them back immediately, they may be provisionally kept at the immigration depot and fed a t the expense of the same person (sections 19-23) «.EJECTION 307 that when it appears that a Chinese immigrant has been brought into the Colony by fraud or misrepresentation, the Protector of Chinese may make an enquiry and cause the immigrant to be sent back to China at the expense of the person who has paid his passage (section 61). Anyone who pays the passage of a Chinese immigrant and enters into a labour contract with him must furnish particulars to the Protector of Chinese of such an engagement (section 66). If in Mauritius an immigrant is introduced from any place outside British India by a person who has not a licence, the Governor may prevent the immigrant from being landed ; and if he is landed the Governor may take direct measures at the expense of the owner, agent or master of the ship to have the immigrant sent back to the place from which he was brought. If any native of India is improperly introduced into the Colony, the Governor may direct that he be delivered to the Protector; and if the Governor directs that he shall be returned to India, the expense of so doing may be recovered from the person by whom the Indian may have been introduced. (Labour Ordinance, No. 12 of 1922, section 56, and No. I I of 1924, section 50.) Moreover, in Ceylon and Hongkong, the legislation states in general terms that the master of a ship bringing any pauper to the Colony is responsible for all expenses occasioned by this pauper (cf. Chapter I I I , § 1, (J)). GREECE.—By section 4 of the Ordinance of 23 June 1927, a visa to a passport granted by the Greek consul does not necessarily imply the right to enter Greece. An alien may be rejected by the immigration authorities despite the possession of a visa if he is found to belong to a prohibited category. GUATEMALA.—Decree No. 875 of 15 September 1924 inflicts a fine of 300 American gold dollars * per person on shipping companies bringing prohibited immigrants. These companies are obliged to take back rejected immigrants and pay the expenses (section 40). By the Act of 30 April 1909 (section 5), immigrants brought by an undertaking or a private individual and declared to belong to a prohibited class must be repatriated to their place of departure at the expense of the person who brought them. I R I S H F R E E STATE.—Under the terms of the Aliens Order, 1925, any alien to whom leave to land has not been granted must be removed from the Irish Free State by the master of the ship on which he arrived or by the owners or agents of the ship to the country of which he is a national or from which he embarked for the Irish Free State or, if a seaman, where he was engaged. This provision, however, does not apply if a period exceeding two months has elapsed since the date of the arrival of the alien (section 3, (5)). (See § 2 of this Chapter.) Where leave to land has been refused to an alien and he is found on shore, an immigration officer or any constable may at any time within one month after the arrival of the alien return him to the ship on which he arrived, or to any ship belonging to the same owners and bound for the port from which the alien came to the Irish Free State (section 3, (6)). J A P A N : Formosa.—Section 10 of Ordinance No. 68 of 24 September 1904, amended by Ordinances No. 25 of 1915, and No. 198 of 1920 concerning Chinese workers, forbids recruiting and transport agents to grant a certificate of transport to Chinese workers belonging t o a prohibited category. By the same Ordinance such persons are rejected and repatriated 1 One gold dollar = approximately 4s. 2d. 308 REJECTION AND REPATRIATION to China at the expense of the agent or of the captain who brought them without demanding a certificate from an authorised agent (sections 11, (b), and 15.) MEXICO.—Prohibited alieni? are rejected on arrival. They must be taken back to their point of departure by the ship which brought them oranother ship of the same company, or else by any other ship at the expense of this company. If the rejected immigrant arrived by land or by air, the return journey will be made at the expense of the immigrant or of the undertaking which brought him or, in case of insolvency, at the expense of the Government. If the immigrant is liable to a legal sentence, he must pay this penalty before being deported, according to the conditions mentioned above. The expenses involved in the maintenance of immigrants who are to be rejected or deported must be borne by the undertaking which brought them. (Immigration Act of 12 March 1926, sections 34 and 62, and Health Code promulgated on 27 May 1926, sections; 85 and 86.) N E T H E R L A N D S : E a s t Indies.—By the Coolies Ordinance,No. 15 of 29 June 1925, an Indian labourer coming from any point in the East and recruited according to this Ordinance must, if his contract of employment has not been signed by the competent official, be repatriated by the employer who engaged him according to the conditions laid down in the terms of the engagement (cf. § 3). By the Royal Order No. 32 of 15 October 1915, regulating the admission of aliens as free immigrants, individuals who are not granted an admission certificate are rejected (section 8, (5)). NEW ZEALAND.—According to the Immigration Restriction Act, 1908-1910, section 24, the Minister of Internal Affairs may, for the purpose of removing from New Zealand any prohibited immigrants, make a contract with the master, owner or agent of any ship for the passage of any such immigrant to the port or place from whence he came or to any port or place in or near to his country of birth. Upon the contract being made, such immigrant may, with his personal effects, be placed on board ship by any officer or constable, and the master must keep him on board, in custody if necessary, until the ship has sailed. If the immigrant appears to be destitute, the officer placing him on board may supply him with a sum of money sufficient to enable him to maintain himself for one month after disembarking from the ship at the end of the voyage. Sections 18 and 19 stipulate that a prohibited immigrant who unlawfully lands in New Zealand is liable to a fine of £100, and also to be removed from New Zealand, and, pending such removal, to be detained in prison or other safe custody for any period not exceeding six months. In every case the master and owner of the ship by which the prohibited immigrant was brought t o New Zealand are liable to a fine of £100 in the case of each immigrant; and also to defray the expenses incurred in removing him from New Zealand. NORWAY.—Every person not satisfying the legal conditions for admission may be expelled from the Kingdom. Should special reasons demand it, the alien may be deported to a country other than that from which he came. When the rejected person arrived by sea or by air, the vessel which brought him must remove him to the country from which he came or to any other country ordered by the police and cannot claim Government support for this purpose. Any person engaging an alien resident in the country must pay the costs of his return journey if he is refused a labour permit. (Act of 22 April 1927, sections 3 and 24.) REJECTION 309 PANAMA.—According to the Administrative Code, immigrants who are found by the health officials to be suffering from diseases which bring them into a prohibited class are to be rejected by the harbour police (section 1876). The masters of ships, companies, associations, undertakings, or private persons who bring prohibited aliens into the country must re-embark them and take them back to their place of origin or to some other place outside the country. They are also subject to a fine of from 200 to 400 balboas 1 for every individual who has been brought in clandestinely (section 1877). Act No. 13 of 23 October 1926 also lays down that in the case of immigrants belonging to a prohibited race the same obligation to repatriate them or take them to some other country is imposed on the person who brought them; but in this case the fine may rise to 500 balboas for every person introduced clandestinely (section 7). By section 1855 of the Administrative Code, persons responsible for introducing by land immigrants belonging to prohibited races are subject to the same fines as those who bring them by sea and must also remove the said immigrants from the country. PARAGUAY.—If suspected individuals are, on examination, finally considered undesirable, the authorities prevent them from disembarking and make the master of the ship which brought them responsible for removing them as quickly as possible and liable at the same time to the statutory fine (cf. Chapter VIII, § 5). If the immigrants arrive by rail they are prohibited in the same way and the same fines are inflicted on those bringing prohibited individuals. (Decree No. 20173 of 24 February 1925, sections 8 and 9.) By the Immigration Act of 6 October 1903, the employer who brings alien workers into the country must give a guarantee which is considered sufficient by the Immigration Department to cover the cost of the immigrants' journey and their return journey, in case they should be found to belong to a legally prohibited category or if they do not comply with the regulations by presenting themselves on arrival to the Immigration Department. Similar regulations are made by the Decree No. 10579 of 26 September 1919, regarding land settlement, according to which, settlement undertakings which have hired prohibited individuals or such as are rejected on arrival, bear the entire responsibility for this infringement of the law and must repay to the Government any expenses which may have been involved in the rejection of the immigrants as well as repatriating the latter to their place of origin (section 9). PERU.—The expenses involved in the rejection and repatriation of a prohibited alien are borne by the undertaking which brought him, provided that it should have been clear at the moment of departure that the individual in question would not be granted permission to enter. (Act No. 4145 of 22 September 1920.) SIAM.—When in the opinion of the immigration authorities an alien belongs to a prohibited category, he may be ordered to leave by the same conveyance by which he came. If this is not possible, he is kept in detention until he can depart by some other suitable means. The expenses of his detention and repatriation must be borne by the master or the owner or charterer of the convevance which brought him. (Act of 11 July 2470 of the Buddhist era (1927), section 11.) S O U T H AFRICA.—According to the Immigrants Regulation Act, 1913, any person who is declared to be a prohibited immigrant is not permitted to land or to remain in the Union (section 19). 1 One balboa •- approximately -Is. 3d. 310 REJECTION AND REPATRIATION A prohibited immigrant may, if not already under detention, be arrested without warrant and removed by warrant from the Union, and pending removal may be detained in custody (section 21). If leave to enter the Union or any particular province is withheld, the immigration officer must inform the person concerned in writing, stating, as the case may be, the reasons for refusal, detention, etc. If the said person has been rejected on arrival by sea, the captain of the ship on which he arrived must similarly be informed (section 2, (5)). A prohibited immigrant must be detained on the ship by the master, who must remove him from the country. The immigration officer may cause the immigrant to be removed in custody from the ship and be detained in any other place. The master is liable to pay the cost of the detention, maintenance, and control of any such person detained. The immigration officer may require the master or owner of the ship to deposit a sum sufficient to cover any expense that may be incurred by the Immigration Department in connection with the landing, removal, detention, maintenance, and custody. Any prohibited immigrant who escapes or attempts to escape from detention may be arrested without warrant (section 13, (1), (2), and (6)). If a prohibited immigrant lands from a ship without proper authority, the master or owner forfeits a sum not exceeding £100 in respect of every .such prohibited immigrant (section 14). The proper officer of customs m a y refuse to give the master of any ship clearance papers to leave until the latter has complied with the provisions of the Act and produces a certificate of an immigration officer to that effect (section 17). SWEDEN.—By the Act of 2 August 1927, when an alien has been stated to belong to a prohibited class he must be transported to the country from which he came (except in special cases, for example, if this country is too distant or if the rejected person would be subject to political prosecution in it). The expenses of the voyage must be borne by the individual or by the person who brought him. If he arrived by sea, he is transported at the expense of the transport agent if it should have been possible for the latter to foresee the rejection of the immigrant, and by the ship which brought him, unless the departure of this ship is at a very distant date. If immediate departure is noi possible, the rejected person is kept in detention until a suitable opportunity occurs (sections 22,23, and 24). (Cf. also Chapter V I I I , §5)UNITED STATES.—The Immigration Act, 1917, section 9, amended by the Immigration Act, 1924, declares that any transportation company other than railway lines entering the United States from foreign contiguous territory, which brings aliens to the United Spates in violation of the immigration laws, provided this fact could have been detected before embarkation, is liable to a fine varying in amount from 250 dollars to 1,000 dollars, and must, in addition, pay a sum equal to that paid by the alien for his transportation from the initial point of departure to the port of arrival. The latter sum is handed to the alien. Section 18 declares that all aliens brought to the United States in violation of the law must be immediately sent back, in accommodation of the same class, to the country from which they came, on the vessels bringing them. The cost of their maintenance on land, as well as the expense of the return of such aliens, must be borne by the owner of the vessel. If a rejected alien is found to be helpless, from sickness (mental or physical), disability or infancy, and he is accompanied by another alien whose protection he requires, the latter may also0 be excluded and sent back at the expense of the transportation company. Rule 11, subdivision E , states that an excluded alien must be informed that the return voyage is at the: expense of the transportation company which brought him, and that the company must return him in the same class in which he came. COMPULSORY REPATRIATION OR DEPORTATION 311 Rule 2, subdivision F , states t h a t transportation companies must furnish the original transportation contracts of all rejected aliens, such contracts showing the exact amount paid for transportation from the initial point of departure to the inland point of destination in the United States, and also the amount paid for head tax. URUGUAY.—Individuals belonging to a prohibited category, and recognised as such on examination, are not allowed to disembark. Such immigrants are kept on board and the master of the ship is obliged to take them back to the port of embarkation and to pay a fine. When rejection is due to health reasons, the fine is not inflicted unless the medical inspector states that the disease or infirmity could have been discovered during the examination before departure. When the ship is leaving, the inspector must make a second visit to make certain t h a t the rejected individuals are on board. If they are not, the master is subject to a fine of 100 gold pesos \ The ship may not depart until such fines have been paid. (Decree of 18 February 1915, sections 6 to 15.) VENEZUELA.—Cf. Chapter VIII, § 5 (" Procedure for Admission and Rejection"). •§ 2.—Compulsory Repatriation or Deportation All countries reserve for themselves the right to expel from their territory undesirable aliens. This is a police measure which is often regulated by special rules quite unconnected with the Immigration Acts. Thus several laws provide for the deportation of individuals who are considered a danger to public order, who conspire against the Government, who spread the ideas of Anarchism or Communism or ideas tending to subvert the right of property or violating the neutrality which they must observe in political matters. I n many cases also individuals are liable t o be deported if they are found guilty of any infamous offence or crime, any attack on good morals, encouraging prostitution, acting as procurers, dealing in narcotic drugs, etc., as well as such persons as have not sufficient means to support themselves or who become a public charge. The same treatment is given to those who have not fulfilled the prescribed formalities for registration. Further, special Immigration Acts often provide for cases in which an immigrant after admission can be obliged to leave the country; it is such regulations which are discussed here. Although certain general and widely accepted reasons for the 1 One U r u g u a y an peso = approximately 4s. 5d. 312 REJECTION. AND REPATRIATION expulsion of an alien will be found amongst them, there are also certain very characteristic: economic reasons; thus, certain countries reserve t o themselves unlimited right t o expel aliens who disturb the economic life of the country or who, within a certain period after admission, have not found steady employment. The expulsion of persons who have not a residence permit is another measure which may restrict alien immigration because the granting of such a permit depends partly on economic conditions. Immigration Acts frequently state t h a t aliens who have entered the country clandestinely in contravention of the Immigration Acts are expelled after having paid a penalty corresponding to the gravity of the infringement (cf. Chapter I I I , § 4). Certain countries also claim the right to expel aliens found within their territory in conditions which do not conform with the existing regulations for admission, whether as a result of a change in their conditions or because they entered the territory before the promulgation of a new regulation which would exclude them. The family of a person who is expelled is often subject t o t h e same fate. ' . An order for expulsion does not fall without distinction on every alien who comes within the general category aimed a t ; many countries permit aliens to acquire the right of residence, either as a result of a long stay or of marriage with a person belonging t o t h a t country. Such exemptions frequently refer only t o a certain number of the reasons for expulsion which may arise. The regulations with regard to the forced departure of immigrants also decide what authorities are competent to issue an order for deportation and sometimes determine who is responsible for the expenses of the journey. They also lay down the methods of carrying out the order and, in particular, t h e country t o which the deported individual must be taken, this country being generally t h a t from which the alien came on arrival, or else the country of his birth or of which he is a citizen. BRITISH MANDATED TERRITORIES : Palestine.—The High Commissioner, or any officer authorised by him, may make an order for the deportation of any person who is not a citizen of Palestine : if he has been condemned for an offence by any court ; if he has been found wandering without visible means of subsistence in the course of one year since his last entry ; if his extradition is requested ; in case of infringement of the Immi- COMPULSORY REPATRIATION OR DEPORTATION 313 gration Act, either by remaining in the country without permission for a period longer than that stated on the transit permit, or by making a false declaration with a view to obtaining an immigration permit; or for any other reason which the High Commissioner considers conducive to the public good. A person against whom such an order is made may be expelled from Palestine and sent to the country of which he is a national, and the High Commissioner may apply any money or property of the person to the payment of the expense of his journey and maintenance until departure. The order may be extended to any or all of the dependants of the alien found in Palestine. (Immigration Ordinance, No. 32 of 1925, section 8.) Any person awaiting deportation may be kept in custody until he leaves Palestine. (Ordinance, No. 20 of 1926.) Any person who, having been deported, returns to Palestine shall be liable to imprisonment for a term not exceeding three years or to a fine not exceeding £E.100 or to both. (Ordinance, No. 32 of 1925, section 10, (3).) Tanganyika.—An immigrant who is ordered to be deported shall be deported to the place whence he came, or, with the approval of the Governor, to some place in the country to which he belongs or to any place to which he consents to be deported, provided the Government of such place agrees to receive him. (Immigration Ordinance, No. 16 of 1924, section 27.) If within one month of his arrival in the Territory an immigrant is ordered to be deported or to leave the Territory, the master of the ship in which he arrived, or the master of a ship belonging to the same owner, shall be bound to receive him with his children under sixteen and his dependants on board, and afford them a passage and proper accommodation and maintenance to the port at which they embarked. A magistrate who is satisfied that any expenses have been or will be incurred by the Government in connection with the maintenance, medical treatment, or deportation of an immigrant, his wife, children, or dependants, may issue a warrant for the levy of the amount by distress and sale of any movable property belonging to the immigrant. (Ibid., sections 28 and 29 (1).) T r a n s - J o r d a n . — B y the Aliens Act of 3 July 1927, foreigners may be deported from Trans-Jordan : (1) on a recommendation to that effect being made by a court in Trans-Jordan; (2) if a court in Trans-Jordan certifies that he has been found wandering without visible means of subsistance or that he has been sentenced in a foreign country for a crime rendering him liable to extradition; (3) if the Executive Council deems such procedure conducive to the public good. F R E N C H M A N D A T E D T E R R I T O R Y : Togo.—By Decree No. 71, of 31 January 1927, any infringement of the said Decree with regard to making a declaration on arrival and depositing a guarantee may involve expulsion from the Territory (section 6). J A P A N E S E M A N D A T E D T E R R I T O R Y : South Sea I s l a n d s . — By Order No. 3, of 15 February 1925, the chief local Government official may, with the consent of the Governor and for a period of from one to three years, prohibit the residence of persons likely to disturb public order and the general safety or to act contrary to good morals. The deported person must leave the Islands by the first boat, but the chief local Government official may grant him a reprieve for a given period, and if the person who was to have been expelled has changed his conduct during the six months following the deportation order, this order may be cancelled. Deported persons who do not leave the Islands within the period laid down are subject to imprisonment or fines. These provisions do not apply to inhabitants of the Islands (sections 5,6,7, and 8). 314 REJECTION AND REPATRIATION NEW ZEALAND MANDATED TERRITORY : Western Samoa.— The Samoa Immigration Consolidation Order, 1924, provides that when any Chinaman, Samoan, or Asiatic has (whether before or after the commencement of the Order) arrived in Samoa in pursuance of a contract to serve as an agricultural labourer, or of a scheme arranged by public authority for the importation of such agricultural labourers, the Administrator may, at any time after the expiry or determination of such contract, make such provision as he thinks requisite for the compulsory deportation of the Chinaman, Samoan, or Asiatic and his repatriation (section 19). The Administrator may, if so directed by the Minister of External Affairs, order the deportation of any alien who is likely to be a source of danger to the peace, order, and good government of Samoa, who has been convicted of an offence of vagrancy under the Order, or who has been convicted of landing in Samoa in breach of any of the provisions of this Order. If the Administrator has ordered any person to leave Samoa he may authorise him to be arrested and deported (section 7, (1)). No person who has once been ordered to leave Samoa may return again without the special permission of the Administrator (section 8). When any person is, within six months after his arrival in Samoa, convicted of landing in breach of the Order, or is within twelve months after his arrival in Samoa convicted of vagrancy, he is deported and the cost incurred by the Samoan Treasury constitutes a debt due to the Crown by the owner of the vessel by which he arrived in Samoa (section 15). SOUTH AFRICAN MANDATED TERRITORY : South - West Africa.—If any person, after having been prohibited from entering, removed from or ordered to leave the Territory is found within the Territory he is liable to be removed at any time by warrant issued under the Proclamation. (Immigrants Regulation Proclamation, No. 23 of 1924, section 16.) ARGENTINA.—By Act No. 4144 of 22 November 1902 (ley de residencia), the Executive may order any alien who would have been subject to prosecution or sentence by a foreign court for crimes or offences against general law to leave the country. I t may also expel all those whose conduct would endanger the safety of the country or disturb public order. An alien against whom a deportation order has been issued is allowed three days to leave the country; the Executive may, for the protection of public safety, order him to be detained until he embarks. Act No. 7029 of 28 June 1910 (ley de defensa social), which seeks to prevent subversive propaganda and actions, also forbids in almost identical terms the illegal entry into Argentina and the consequent deportation of the following categories of persons : those who have been or are still subject to conviction for ordinary offences which according to Argentine law are liable to corporal punishment; anarchists and other persons who advocate the use Of violence against public officials, forms of government, or social institutions. AUSTRALIA.—The Immigration Act, 1901-1925, section 8A, states that if, within three years after the arrival in Australia of a person not born in Australia, he (a) has been convicted of a criminal offence punishable by imprisonment for one year or longer, (b) is living on the prostitution of others, or (c) has become an inmate of an insane asylum or public charitable institution, he may be deported. In the case of a person who advocates the overthrow of government by violence or the assassination of public officials, etc., the Minister may summon him to appear before a board to show cause why he should not be deported. Sections 8AA and 8AB state that the Governor-General may proclaim that there exists in Australia a serious industrial disturbance threatening the public peace. While this proclamation is in force the Minister may summon any person not born in Australia who has been concerned in acts COMPULSORY REPATRIATION OR DEPORTATION 315 directed towards hindering or obstructing the transport of goods or the conveyance of passengers, or the provision of services by any public authority in the Commonwealth, to appear before a board and show reason why he should not be deported. He may likewise summon before a board for the same purpose any person who within the previous three years has been convicted in Australia of any offence against the laws of the Commonwealth relating to trade and commerce, or to the conciliation and arbitration of industrial disputes. Any immigrant found within three years of his entering the Commonwealth t o be suffering from any disease or disability mentioned in the Act or regulations is deemed to be a prohibited immigrant (section 5, (1) and (5)). A n y such immigrant must be deported at the expense of the shipping company by which he came to the Commonwealth (section 13A). Every prohibited immigrant entering the Commonwealth in contravention of the Immigration Act is guilty of ari offence against the Act, and is liable to be deported (section 7). Any person who is not a British subject and who is convicted of any crime of violence against the person is liable, upon the expiration of the term of imprisonment imposed on him, to be required to pass the dictation test, and if he fails to do so is deemed to be a prohibited immigrant, and must be deported from the Commonwealth (section 8). A national of any country who in pursuance of any treaty to which the Commonwealth is a party, is liable to be returned to that country, may be deported from the Commonwealth to that country pursuant to any order of the Minister, and the master, owners, agents, and charterers of any vessel must, when required to do so by the Minister, provide a passage for the deportee to any port to which the vessel is bound (section 8B). The shipping companies are not liable to any penalty for any person found in the Commonwealth who has entered with a certificate of exemption which has since expired or been cancelled, but they may be required by the Minister, within three years after such a person has entered the Commonwealth, to provide him with a passage to the place from which he came (section 4). Papua.—Any person found guilty of a crime which is punishable by imprisonment of not less than one year may be deported. If a person not of British nationality is found guilty of violence, he may be made to pass the dictation test on the expiry of his term of imprisonment. If be does not pass this examination successfully, he is considered a prohibited immigrant and must be deported. A deportation order may also be issued for prohibited immigrants found within the territory in contravention of the immigration regulations or for immigrants considered a danger to public peace and order. The master or owner of the ship which brought an expelled immigrant must take him back to the place from which he came and bear the expense of his maintenance while awaiting departure. (Immigration Restriction Ordinance of 1907, sections 9,10, and 14, amended by section 2 of the similar Ordinance of 1925.) B E L G I U M : Congo.—An immigrant may always be asked to prove that he has not entered or taken up residence in the country in contravention of the Immigration Decrees. The following persons, who are stated to be undesirable, by the Decree of 8 August 1922 and who therefore are forbidden to enter the territory, may be deported by order of the Governor-General or of the Vice-Governors of the Provinces : any persons who have been prosecuted or sentenced in the Colony or outside it for any offence mentioned in an extradition convention; persons living directly or indirectly from prostitution; persons whose presence endangers the public order; persons who are citizens of any nation which is in a state of war with Belgium or of a country allied to any such nation (sections 12 and 14 of the said Decree). 316 REJECTION AND REPATRIATION BOLIVIA.—The Decree of 3 November 1920 lays down as a reason for deportation, apart from the usual reasons (depraved conduct, subversive political propaganda, interference in the internal politics of the country), any entry contrary to the Immigration Acts (section 8). BRAZIL.—The Federal Decree of 6 January 1921 concerning immigration states in section 2 the reasons for which an alien may be deported within the five years following his arrival. The same motives suffice for his rejection on arrival (cf. Chapter I I I , § 1, (6)). They are as follows : (1) that the alien has been expelled from any other country; (2) that the police of any other country considers him a danger to public order ; (3) that within the period stated he has urged others to acts of violence with a view to asserting his religious convictions or his political opinions; (4) that his conduct is considered dangerous to public order or to the safety of the State; (5) that he has escaped from some other country where he was sentenced for homicide, theft, robbery with violence, bankruptcy, forgery, smuggling, stellionate, issuing counterfeit coins, or engaging in the White Slave traffic ; (6) that he has been sentenced for any of the same offences by a Brazilian court. An alien who has remained more than five years continuously in residence on Brazilian territory cannot be deported. An, alien whose deportation has been ordered may appeal within ten r days to the Court which issued the order if he comes under one of the headings mentioned in clauses (1) to (4), or within a period of thirty days to a court of justice if the reason for the order is one of those mentioned in clauses (5) or (6). Within these periods aliens subject to a deportation order, with the exception of the individuals mentioned in clauses (5) and (6), are permitted to leave the territory of the country, where the authorities may detain them in any places not used for criminals. A deported alien who returns to Brazil before the order of deportation has been annulled is liable to two years' imprisonment and will be again deported. In the State of Bahia the regulations for the application of the immigration Act of 4 January 1926 provide for the repatriation at the expense of the State of any immigrants who are found to be incorrigible drunkards or troublesome citizens, provided such deportation is requested by the director of a settlement centre or by the competent immigration inspector (sections 75 and 76). CANADA.—By the Immigration Act, 1910-1924, section 40, it is provided that if any person other than a Canadian citizen or a person having Canadian domicile 1 derives any benefit from prostitution, has been convicted of a criminal offence, has become a professional beggar or a public charge, has become an inmate of a jail or an asylum for the insane or mentally deficient, or of a public charitable institution, or enters or remains in Canada contrary to any of the provisions of the Immigration Act, a written complaint on the subject must be sent by an official of the municipality concerned to the Minister of Immigration and Colonisation. By section 41, a similar complaint must be sent in respect of any person who seeks to overthrow the Government by violence, who defends the unlawful destruction of property or attempts to create riot or disorder in Canada, etc. Such persons are considered as belonging to the undesirable classes, and as liable to deportation. It is sufficient to prove that the person concerned came within the categories mentioned at any time after 4 May 1910. Section 42 states that, on receiving such complaints, the Minister may order the person to be taken into custody, and have an investigation of the alleged facts made by a board of enquiry or an examining officer. The 1 Cf. note, p . 279. COMPULSORY REPATRIATION OR DEPORTATION 317 board follows the same procedure as in the case of an examination at the port of disembarkation. If the board is satisfied that the person concerned belongs to any of the classes referred to above he is deported forthwith, but has a right of appeal to the Minister. Section 45 declares that the cost of transporting deported persons falls on the transportation company, unless deportation takes place after more than five years from the date of arrival of the immigrant, or for reasons arising after admission. In this case the Minister must judge whether the cost of deportation must be paid by the transportation company or by the Department of Immigration and Colonisation. Every person deported must be conveyed to the place in the country whence he was brought, or to the country of his birth or citizenship. Section 39 provides that if an immigrant who is being deported arrived in Canada indirectly through a third country which refuses to allow him to return, the transportation company must convey him to the Country of which he is a native or naturalised citizen whenever so directed by the Minister. Section 42 provides that any person rejected or deported under the Immigration Act shall not be permitted to return to Canada without the consent of the Minister. If he does, he may forthwith be arrested and detained for examination and deportation, or he may be prosecuted, in which case he is liable to a fine not exceeding 500 dollars, and not less than 50 dollars, or to a term of imprisonment not exceeding one year, and he may then be again deported. It is further provided by section 42 that, if the head of a family is deported, all the dependent members of his family may be deported at the same time. If the deportation of a dependent member is ordered on account of his having become a public charge, and if this is due to wilful neglect or nonsupport by other members of the family, all such members may be deported at the same time. Deportation in such a case is at the cost of the persons concerned, or, if this is not possible, the cost is provided by the Department of Immigration and Colonisation. The Chinese Immigration Act, 1923, section 16, provides that if a person of Chinese origin or descent is ordered to be deported under the provisions of the Act, he must be carried back to the place whence he came, or to his country of birth or citizenship, by the transportation or railway company that brought him to Canada. CHILE.—Aliens considered undesirable on account of conviction for infamous practices, of bad morals, or advocating subversive principles may be deported by order of the authorities of the Province in which they reside with the approval of the Government. An alien whose deportation has been ordered may appeal to the Supreme Court within five days from the date of publication of the deportation order in the Official Gazette. (Act No. 3446 of 12 December 1918, sections 3 and 4.) COLOMBIA.—Section 8 of the Immigration Decree, No.48 of 3 November 1920, states that the following persons may be deported : aliens who have entered in contravention of the Immigration Acts ; those who disregard the laws of the country, conspire against the State, disturb public order, spread the theories of Anarchism or Communism or any ideas tending to subvert the right of property; those who by their manner of life or their repeated lapses into crime show themselves incorrigibly vicious; those who for any common misdemeanour have been assigned a definite place of residence and have left it without permission (in this case they cannot be sent back to the country which wishes to see them confined); those who violate that neutrality which they are bound to observe and interfere with the internal politics of Colombia whether by writing or public speaking or by belonging to a political association. 318 REJECTION AND REPATRIATION C O S T A RICA.—-The Act of 18 June 1894, which orders the deportation of every prohibited alien found in the territory (vagrants, persons sentenced by common law before their arrival in Costa Rica, or individuals likely to disturb public order), also decrees the deportation of those who have been sentenced for an infamous crime in Costa Rica. A deportation order cannot however be issued against the following individuals unless Costa Rica is at war with the nation to which they belong : (a) an alien who is or has been married to a woman of Costa Rica if there have been born within the territory one or more children of this marriage or if the alien has resided for five years in the country; (b) an alien who has resided in the country permanently for the preceding ten years ; (c) all individuals who have the legal right of option as regards their nationality. (The special provisions for the deportation of Chinese who have been admitted by way of exception or who have entered illegally, are dealt with in Chapter I I I , § 1, (d).) CUBA.—Decree No. 1601 of 27 July 1925 provides for the deportation : (a) of aliens sentenced by a Cuban court for any infamous offence or crime, for any attack against good morals, for dealing in or employing narcotics, or for any three offences involving sentences by a correctional court; (b) aliens encouraging prostitution in any way whatsoever or guilty of attempted seduction; (c) aliens professing subversive doctrines, instigating any revolt against the established Government, or disturbing in any manner the economic life of the country. A deported alien is sent, according as the Minister of the Interior may think fit, to his last port of embarkation for Cuba or to a port in his last country of residence or in his native country. A deported alien can, however, never be sent back to a country where he would be prosecuted for any crime under common law or for a political offence. He is granted a period of from three to thirty days to leave the country. A deported alien must not attempt to return to Cuban territory on pain of fresh deportation, preceded by a term of imprisonment. Except in the case of an exceptionally serious offence under aommon law an alien married to a Cuban woman or an alien who has resided for more than Ave years in the country cannot be deported. According to Decree No. $84 of 2 March 1925, any alien will be re-embarked to his country of origin as undesirable if he has been sentenced to a penalty equal to or exceeding one year of imprisonment, quite apart from the time during which he may have resided in the country. Decree No. 2303 of 18 November 1925 gives power to the Minister of Agriculture, Trade, and Labour to order at any moment the re-embarkation for their port of origin, or any other port in their country, of such immigrants as were granted temporary permission to enter Cuba by the Act of 13 October 1917, which has now been repealed. For this purpose a list must be drawn up of all male immigrants who entered under this Act, and the list must also show what person or society was responsible for their entrance. As a deposit in proportion to the cost of their journey had to be paid in each case to ensure their repatriation, this deposit will be used for that purpose. If the expense of the journey should exceed the sum deposited, the State will pay the difference (sections 16 and 18). (Cf. also Chapter I I I , § 1, (d), for the provisions regarding the deportation of Chinese in certain cases.) DENMARK.—By the Act of 31 March 1926, any person who has not the Tights of citizenship in Denmark or who has not obtained a residence permit may be deported by order of the Minister of Justice if circumstances make it desirable, irrespective of the period which the individual may have spent in Denmark (section 2). Any alien who has spent three months in Denmark during a period of twelve months, and who returns without COMPULSORY REPATRIATION OR DEPORTATION 319 permission within six months of his last departure, may be deported (section 6). ECUADOR.—By the Act of 18 October 1921, the Government may déport any aliens who have entered contrary to the regulations for admission, as well as those who endanger public order or morals. Deportation may be ordered in particular for aliens who have been guilty of any acts contrary to good morals, criminals (after they have served their sentence), instigators of offences committed abroad, vagrants, those who have taken part in Ecuador in any riot or civil dissensions, and those who belong to political associations or have interfered in the internal politics of the country. The Minister of the Interior fixes the period within which deportation must be carried out. A deported alien returning to the country is subject to imprisonment and the payment of a fine, after which he will again be deported (sections 30 to 34). ESTONIA.—Act No. 48 of 17 May 1927, on the employment permit required for the employment of aliens, states that any alien accepting employment without having obtained the necessary permit (cf. Chapter VI, § 1) may be taken back to the frontier in accordance with the legislation for public safety and order. Deportation is ordered by the Minister of the Interior. FINLAND.—By the Decree of 23 November 1926, any alien accepting employment in Finland without having received authorisation to work there may be deported (section 25). FRANCE.—The deportation of aliens is regulated by the Acts of 3 December 1849 and 16 July 1912 concerning the movements of vagrants. These «two Acts are police regulations rather than regulations for alien immigration. The Decree of 30 November 1926 relating to aliens' identity cards (section 5) and that of 20 January 1928 on the same subject (section 4) state that aliens who are refused an identity card, or whose card is withdrawn as a result of neglect to observe the existing regulations or having ceased to give the necessary guarantees, must leave French territory within a week ; this period may, however, be extended in certain circumstances by the Minister of the Interior. The regulations for the employment of alien workers, and particularly regarding changes of occupation, are dealt with in Chapter VI, § 1. It must be noted that infringements of these regulations may result in the withdrawal of the identity card and further that when any change of occupation obliges the holder of a card to obtain a new identity card (changing from agriculture to other occupations) such new card is not issued until an enquiry has been made by the officials concerned and has given favourable results. If the identity card is refused, the provisions mentioned above apply. The administrative term describing the necessity for an alien to leave French territory as a result of the withdrawal of or refusal to renew the identity card is "rejection" (refoulement). Colonies.—A general Decree of 27 March 1852 regulating immigration to the colonies lays down the principle that the administrative authorities in any colony have the power to issue official orders for the repatriation of immigrants employed in the colony at the expense of the colonial fund if their presence seems likely to endanger public order. Consequently later Decrees regulating the details of immigration to the different colonies repeat this provision, and usually add that such a decision of the Government does not entitle the person engaging the workers to any compensation. 320 REJECTION AND REPATRIATION (Establishments in Oceania, 24 February 1920; Guadeloupe, 30 June 1890; Guiana, 13 June 1887; Reunion, 27 June 1887; Madagascar, 6 May 1903.) By the Decree of 26 August 1925 (section 6), every alien who has entered Madagascar and is refused a residence certificate or the annual visa must leave the country within a period fixed by the Governor-General. The reader is referred to Chapter I I I , § 4, for the provisions concerning the repatriation by the shipping companies which brought them of any passengers disembarked clandestinely in French West Africa. In Indo-China every Asiatic alien who is late in paying his taxes is subject to a fine. Every false declaration regarding his liabilities to t a x involves the payment of a fine of three times the amount for which the Asiatic alien was liable. Offenders who are insolvent are arrested. • If they cannot pay the tax during the period of their imprisonment, they are deported from the Colony unless the head of their group or the person who engaged them demands that they should remain. The expenses of repatriation are borne by the head of the group or by the person engaging the worker. Before being deported, the immigrant must undergo an anthropometrical examination for purposes of identification. Any Asiatic aliens or persons assimilated thereto who are rejected by the group to which they belong may continue to reside in the Colony l . After having been examined by the congso or council of the united groups, the alien is deported a t his own expense by the authorities, or if insolvent at the expense of his group. (Cochin-China, Order of the Governor-General of 16 October 1906, sections 34 to 37; Cambodia, Order of the Governor-General of 15 November 1919.) I n New Caledonia every immigrant who has been granted a permit for unrestricted residence and whose conduct and methods of life are unlawful or who has been convicted for a misdemeanour or crime or who has been the subject of repeated well-founded complaints, is deprived of his right to unrestricted residence and made subject to the restrictions imposed on workers engaged by contract, or if necessary is repatriated to his place of origin. (Order of 10 May 1920, section 3.) GREAT BRITAIN.—Under the Aliens Order, 1920 (section 12), the Secretary of State may, if he thinks fit, in any of the following cases make an order requiring an alien to leave and to remain thereafter out of the United Kingdom : (a) if any court certifies to the Secretary' of State that the alien has been convicted of certain offences; (b) if a court of summary jurisdiction certifies to the Secretary of State after proceedings taken for the purpose within twelve months after the alien has last entered the United Kingdom that the alien (1) has been in receipt of parochial relief or been found wandering without any ostensible means of subsistence, or (2) has been sentenced in a foreign country for an extradition crime ; or (c) if the Secretary of State deems it to be conducive to the public good to make a deportation order against the alien. An alien who is awaiting deportation must be placed on a ship about to leave the United Kingdom; he is deemed to be in legal custody while so detained until the ship finally leaves the United Kingdom. The master of a ship about to call at any port outside the United Kingdom may be obliged to receive an alien against whom a deportation order has been made, and his dependants, on board the ship and afford him and them a passage to that port and proper accommodation and maintenance during the passage. The Secretary of State has power to grant exemptions. 1 Regarding the organisation of the groups of Asiatics, cf. Chapter XI, § 5. COMPULSORY REPATRIATION OR DEPORTATION 321 Section 13 provides that the Secretary of State may, if he thinks fit, apply any money or property of a deported alien in payment of the expenses incidental to the voyage from the United Kingdom. Colonies.—An immigrant who lands in a British colony in contravention of the immigration laws in force in that colony is liable to be arrested and deported: Bahamas: Immigrants Act, 1920, section 4, (a); Barbados: Immigration of Paupers (Prevention) Act, 1909, section 7; Bermuda: Immigration Act, 1902, section 10; Fiji : Immigration Restriction Ordinance, No. 2 of 1909, as amended by No. 7 of 1917, section 9, (1), (a) ; Federated Malay States : Passengers Restriction Enactment, No. 6 of 1922, section 8, (vi); Gambia: Immigration Restriction Ordinance, No. 12 of 1924, section 11, (1); Gilbert and Ellice Islands : Consolidation Ordinance, 1917, section 21, (4); Gold Coast: Immigration Restriction Ordinance, No. 9 of 1925, section 12, (2); Jamaica: Immigration Restriction Law, No. 36 of 1919, section 10, (d) ; Leeward Islands : Aliens Admission Regulation Act, No. 13 of 1922, section 8; Nyasaland : Immigration Ordinance, No. 17 of 1922, section 6; Northern Rhodesia: Immigrants Regulation Proclamation, No. 15 of 1915, section 9, (1); Southern Rhodesia : Immigrants Regulation Act, No. 7 of 1914, section 9, (1); Sierra Leone : Undesirable Persons (Prevention of Immigration) Ordinance, No. 17 of 1924, section 5 ; Somaliland : Immigration Restriction Ordinance, No. 4 of 1924, section 13,(1) ; Uganda: Immigration Rules, 1921, section 21, amended 1922; Zanzibar : Immigration Regulation and Restriction Decree of 1923, section 7. An immigrant may not be released from this liability simply because he was not notified not to enter the colony, or may have been permitted to enter the colony through oversight or through want of knowledge that he was a prohibited immigrant : same enactments, Gambia : section 11, (2); Gold Coast : section 12, (2); Nyasaland : section 6; Sierra Leone : section 6; Uganda : section 16; Zanzibar : section 8, (1). The law of Sierra Leone provides that if a prohibited immigrant is not notified on entry that he is of this class, he is only liable to deportation within eighteen months of entering the Colony. I n Gambia also a prohibited immigrant is liable to deportation within eighteen months of his arrival. In Fiji, Somaliland and Zanzibar proof must be adduced within twelve months after a person has entered the Colony that he is of any of the prohibited classes: Fiji: section 9, (1), (a); Gambia: section 11, (2); Sierra Leone: section 6; Somaliland: section 13, (2); Zanzibar: section 8, (2). An alien may also be deported if he has become a public charge or appears to be decrepit or destitute : Bahamas : Idem, section 4, (c) ; Barbados : Idem, section 7 ; Bermuda : Idem, section 21 ; North Borneo : The Decrepit and Destitute Aliens Order, 1915 ; Ceylon : The Destitute Immigrants Regulation Ordinance, No. 12 of 1907, sections 5 and 6; Gambia : Repatriation of Convicted Aliens Ordinance, No. 13 of 1924, section 3; Nyasaland : Idem, section 24. In the Bahama Islands and Bermuda an alien may be deported who within three years of his landing has become a lunatic or insane, or is found to be suffering from any infectious or loathsome disease. Lunatics may also be deported within two years of their landing in Fiji and British Honduras. The law of Barbados authorises the deportation of every leper unlawfully landed : Bahamas : section 4, (c) ; Barbados : The Lepers Act, 1904, section 17; Bermuda : section 21, (b) ; Fiji : section 9, (1) (c) ; British Honduras : Immigration of Undesirable Persons Ordinance,1921, section 16. An immigrant may also be deported on grounds of morality, or for the preservation of the peace and good order of the colony. Thus, some colonies provide for the deportation of any immigrant who within a certain period of time has been convicted in the colony of any felony or misdemeanour : Bahamas : section 4, (f) ; Bermuda : section 21, (a) ; Fiji : section 9, (1), (c) ; Gambia: section 3 ; British Honduras: section 16; Leeward Islands: section 8; Nigeria : section 6; Windward Islands (St. Lucia) : Undesirable Persons Expulsion Ordinance, No. 8 of 1921, section 2. 21 322 REJECTION AND REPATRIATION Prostitutes are liable to deportation in the following colonies : Bahamas : section 4, (g) ; Ceylon : section 10. The deportation may be ordered of an immigrant who advocates the overthrow by force or violence of the Government, or the assassination of public officials, or who has become a danger to the peace or good order of the colony, or whose deportation is considered desirable in the public interest : Bahamas : The Immigration Act, 1920, section 4, (b) ; British Honduras : Idem, section 16 ; Leeward Islands : Idem, section 8 ; Nigeria : Idem, section 8 ; Uganda : Deportation Ordinance, 1908, amended by Ordinance No. 1 of 1916t section 2; Windward Islands (St. Lucia) : Idem, section 2, and Undesirable Immigrants Ordinance, No. 6 of 1904, section 12, (1). The expenses of the deportation of an immigrant who has landed in contravention of the immigration law must be borne by the master, owner or agent of the vessel which brought the immigrant to the colony : Bahamas : Idem, section 7; Barbados: Immigration of Paupers (Prevention) Act, 1909, section 7, and the Lepers Act, 1904, section 17; Bermuda: Immigration Act, 1902, section 10; North Borneo : Idem; Gambia : Immigration Restriction Ordinance, No. 12 of 1924, section 13; Sierra Leone : Idem, section 12; Solomon Islands : Aliens Immigration Restriction Regulation, 1924, section 8, (1); Somaliland : Idem, section 15,. (1); Zanzibar: Idem, section 18. If an immigrant has entered the colony under a contract of service and becomes destitute or liable to be deported as an undesirable immigrant within the period named in the contract, the employer may be bound t o pay the costs of deportation : North Borneo : Idem; Gambia : Idem, section 13, (2); Gold Coast : Idem, section 14, (2). In other cases the immigrant is liable to pay the cost of deportation himself, but generally if he cannot do so he may be assisted from the Treasury of the colony: Bahamas: Idem, section 8; Fiji: Idem, section 9, (2); Leeward Islands : Idem, section 9 ; Nigeria : Idem, section 8 ; Nyasaland : Idem, section 8 ; Windward Islands : Undesirable Persons Expulsion Ordinance, No. 8 of 1921, section 7. In the Gilbert and Ellice Islands the master and owners of a ship from which a prohibited immigrant lands are liable to pay a penalty of £100 and the expenses incurred by the Government in respect of the maintenance of the immigrant, but the expenses of deportation are borne by the Government. (Aliens Immigration Restriction Ordinance, No. 6 of 1924, sections •> and 8, (1).) GREECE.—The deportation of aliens is regulated by the Act of 24 January 1925 and the Ordinance of 23 June 1927. Deportation is ordered for all categories of undesirable persons usually excluded by the legislation of other countries (those disturbing the public order, etc.). Notification of deportation is made to the diplomatic representative of the country of which the alien is a citizen. The Ordinance quoted, which defines the conditions for the admission and residence of aliens, states that any infringement of its provisions may form a reason for deportation apart from any punishments which it may involve. When it is not possible to deport an alien a special place of residence may be fixed for him (sections 22 and 25). HONDURAS.—Immigrants who have been prosecuted or sentenced in another country for a serious crime or misdemeanour or who area danger to society may be deported, as well as those who conspire against the State or disturb in any way public order or the peace with a friendly nation. Deportation may also be ordered for persons who cannot prove their identity, who give a fictitious name, or who have p v e n false information regarding their condition or occupation, quite apart from any legal punishment which may previously be inflicted upon them. (Act of 8 February 1906, sections 51 to 55.) COMPULSORY REPATRIATION OR DEPORTATION 323 HUNGARY.—Ordinance No. 200000 of 25 April 1926 (sections 15 and 16) lays down the usual reasons for the deportation of aliens (insufficient means of subsistence, danger to public order, etc.). Deportation extends to the wife and minor children of the deported person. ICELAND.—The Act of 12 May 1920 states that aliens who are not able to support themselves or who arc guilty of any crime in the course of the first five years of their residence in the country may be deported. By section 3 of the Act No. 13 of 31 May 1927, regarding the right of aliens to work in Iceland, the Minister of Public Economy may order any persons who have entered Iceland in search of work to leave the Island within a given period or may lay down such conditions or restrictions for their residence as may seem desirable in the public interest. This Act does not apply to aliens who were already domiciled in Iceland at the time when it was promulgated. The Minister may order the reembarkation of any aliens and their families who, in terms of the Act, are forbidden to work in Iceland; the expenses of the return journey must be borne by those who engage them or by the aliens themselves. INDIA.—The provisions of the European Vagrants Act of 1874 apply to any persons of European origin who are found flagrante delicto asking for alms or wandering about without any employment or visible means of subsistence. Such persons are arrested by the police and efforts are made to find employment for them. If, after a reasonable period of time, no employment has been found, they are deported from India at the expense of the Government on certain conditions or released after sections 23 and 30 of the Act have been read to them. Immigrants who are not British subjects must, in the same way as all aliens, comply with the provisions of the Foreigners Act of 1864, according to which aliens may be deported from British India by order, of the Government of India or of the local Governments. IRISH FREE STATE.—According to the Aliens Order, 1925, a deportation order may be made in any one of the following cases : (a) if any court certifies to the Minister that the alien has been convicted of certain offences; (b) if a court of summary jurisdiction certifies, after proceedings taken for the purpose within twelve months after the alien has last entered the Irish Free State, that the alien has been in receipt of parochial relief or been found wandering without ostensible means of subsistence; or has been sentenced in a foreign country for an extradition crime ; (c) if the Minister deems it to be conducive to the public good to make a deportation order against the alien (section 11, (6)). The Minister may, if he thinks fit, apply any money or property of the alien in payment of the expenses incidental to the voyage from the Irish Free State and maintenance up to the departure of the alien and his dependants (section 12). The master of a ship about to call at any port outside the Irish Free State must, if required by the Minister or by an immigration officer, receive an alien against whom a deportation order has been made and his dependants on board the ship and afford them a passage to that port and proper accommodation and maintenance during the passage (section 11, (1)). ITALY.—The Public Safety Act of 1926 provides for the deportation, not only of aliens who are convicted of crimes or who are likely to disturb public order, but also those who cannot give sufficient explanation about themselves and those who have no resources. The deportation order is issued by the Minister of the Interior acting in agreement with the Minister for Foreign Affairs and with the approval of the President of the Council. Prefects have also the power to deport from frontier districts aliens whose position appears to them irregular (section 53). 324 REJECTION AND REPATRIATION J A P A N : Formosa.—By Ordinance No. 20 of 29 April 1898, amended by Ordinance No. 61 of 1899, the Governors of a Province or district may order Chinese labourers whose presence seems to endanger public peace, order p or morals to leave the islands (section 12). The expenses of repatriation are borne by the agent who brought them or are deducted by the Government from the deposit which he had to pay. MEXICO.—Aliens entering the country in violation of the Immigration Act and who have not been resident in Mexican territory for a period of five years are returned to their country of origin. Deportation must be made by a ship belonging to the company which brought the rejected individual to Mexico. Should this be impossible, he is embarked on another ship a.t the expense of the said company, or sent by land. The expense of deportation is borne by the immigrant who is expelled or by the Government if the immigrant is insolvent. (Migration Act of 12 March 1926, section 34, and Health Code of 27 May 1926, sections 85 and 86.) NETHERLANDS : E a s t I n d i e s . — B y the Royal Order No. 32 of 15 October 1915 any alien who is refused an admission certificate or who is guilty of an infringement of the Act may be deported. A period of three months may be granted him to set his affairs in order (sections 8 and 10). NEWFOUNDLAND.—The Governor in Council may make an expulsion order requiring an alien to leave the Colony within a fixed period if, within twelve months after the alien last entered the Colony, he has been in receipt of poor relief, or has been found wandering without ostensible means of subsistence, or has been living under unsanitary conditions due to overcrowding. An expulsion order may likewise be made if the alien has been sentenced in a foreign country for an extradition crime, with the exception of offences of a political character. (Consolidated Statutes of Newfoundland, 1916, Chapter 77 ("Of Aliens and Immigration"), section 3.) By the Immigration Act of 1926, an order for deportation may be made by the Minister or the immigration officer in the case of any immigrant rejected or landing without leave or contrary to the provisions of the Act, and a copy of the order must be delivered to the immigrant and a copy served on the master or owner of the ship, and the immigrant must then be deported by the master or owner of the ship to the place whence he came (sections 13 and 14). When any immigrant is rejected or ordered to be deported from the Colony, the owner or master of the ship ia which he was brought is liable to pay the Minister as a debt due to the Crown any sums paid in connection with such person and his maintenance in the Colony (section 14). NEW ZEALAND.—The Undesirable Immigrants Exclusion Act, 1919, provides that the Attorney-General, acting by direction of the GovernorGeneral in Council, may order disaffected or disloyal persons to leave New Zealand. Persons awaiting deportation may be detained in custody. No deported immigrant is entitled to return to New Zealand without permission. Such sum as the Attorney-General considers reasonable may be paid out of the Consolidated Fund to the owner or master of any vessel on account of the transport from New Zealand of any person ordered to leave New Zealand and placed on board the vessel under arrest (sections 7-9). NORWAY.—The Aliens Act of 22 April 1927 provides that, apart from agreements concluded with foreign countries, an alien may be deported during the first three years which he spends in the country for any of the generally recognised reasons (sentence under ordinary law, begging, vagrancy, COMPULSORY REPATRIATION OR DEPORTATION 325 indigence, etc.) and also without reference to the length of his stay for reasons of public interest or for infringement of the regulations regarding the residence of aliens : either because he has not registered with the police or because he has acted contrary to the terms of a residence permit for a certain district or for the whole Kingdom. The alien is deported at his own expense or, if insolvent, at the expense of the State. While waiting for the deportation order to be decided upon, the alien may be arrested and kept in prison in conformity with section 231 of the Penal Code (sections 16, 17, and 21). PANAMA.—By the Administrative Code, a deportation order may be issued against any aliens who violate the neutrality of the territory of Panama or who, despite a written warning from the Executive, are guilty of acts contrary to the obligations contracted by Panama in treaties with certain other countries (sections 1883 and 1884). Deportation may also be ordered after legal penalties have been paid for aliens who, during their residence in the country, have been convicted of habitual drunkenness, corruption of minors, acting as procurers, uttering threats against or inflicting blows or wounds upon public officials, arson, theft, murder, or an attempt at any of the last four crimes (section 1885). The deportation order is issued by the President of the Be public and the Minister of the Interior with the agreement of the Ministerial Council (section 1888). There are special regulations regarding the deportation of aliens belonging to prohibited races who were resident in the country before the Decrees for their exclusion were issued. (Cf. Chapter III, § 1, (d).) PERU.—Act No. 4145 of 22 September 1920 provides for the deportation of any aliens who enter the country contrary to the Act, who are engaged in the White Slave traffic, who relapse into crime after having already been sentenced in their own country, who become subject to a judicial penalty in Peru, or who, by their actions, obviously endanger the public peace and the safety of the State. The provisions for the deportation of aliens do not apply to an alien domiciled in the country or who are or have been married to a Peruvian woman. Deportation orders are issued by thé Ministerial Council and must be carried out within a period of from three to fifteen days. POLAND.—The Aliens Ordinance of 13 August 192G, sections 10, 11, and 23, contains provisions for deportation for the usual reasons of public interest and also mentions failure to comply with the formalities for registration of aliens. An alien who has not obeyed a deportation order may be removed by force to the frontier and is responsible for the expense involved in such transport or, if he is insolvent, the expenses are borne by the State. (Cf. also Chapter III, %l,(f).) PORTUGAL.—Decree No. 13919 of 7 June 1927 states that any alien who fails within a given period to make the declaration of entry necessary for obtaining a residence permit, or who appears before the authorities without sufficient documents for this purpose, will be arrested and deported after his consul has been informed (section 11). Colonies.—By Decree of 14 October 1914, aliens who have not made a residence declaration as prescribed by the Decree, or who have been guilty of acts endangering public safety, or have been sentenced more than once for vagrancy may be deported from the colonies. Aliens who return to the country after deportation may be sentenced to imprisonment of from fifteen days to six months and again deported. 326 REJECTION AND REPATRIATION SALVADOR.—Persons declared to be prohibited aliens by the Decree of 23 September 1926, but who enter the country by concealing the reasons for which they would not be admitted or who by clandestine means have escaped the supervision of the authorities and are found in the territory in conditions which would lead to their exclusion, may be deported at any time by the Executive ; there is no appeal against its decision. The consular officials of the Government of which the deported person is a citizen must provide these persons with the means of complying with the deportation order. Deported persons again found within the territory will be tried before a law court and must fulfil its sentence before being again deported. The deposit of 200 pesos or 100 dollars which every alien must make on entering Salvador serves to cover the expenses of deportation if the imprisoned person is liable to deportation (section 2). SIAM.—Any alien entering the territory after the Act of 11 July 2470 of the Buddhist era (1927) has come into force may, if suspected of belonging to a prohibited category, be examined, and if the suspicion is found correct he may be deported (section 12). S O U T H AFRICA.—According to the Immigrants Regulation Act, 1913, amended by Act No. 37 of 1927. any person other than a native of South Africa who has been sentenced to imprisonment for supplying intoxicating liquor to any coloured person in contravention of any law or for being in possession of unwrought precious metal or rough or uncut precious stones in contravention of any law, or for aiding any prohibited immigrant in entering or remaining in the Union, or in evading an order of removal, and who, by reason of the circumstances connected with the offence, is deemed by the Minister to be an undesirable inhabitant of the Union, may be removed from the Union (section 22). Every person who is suspected on reasonable grounds of being a prohibited immigrant may be arrested without warrant, if the delay in obtaining a warrant would enable the person concerned to evade the provisions of the Act. Any magistrate may issue a warrant empowering a police officer to search premises for the person suspected of being a prohibited immigrant (section 9). Prohibited immigrants are not exempt from the provisions of the Act by reason that they were allowed to enter through oversight, etc. (section 10). Any person who, after having been restricted from entering, removed from Or ordered to leave the Union, is found within the Union, is liable, oh conviction : (a) to imprisonment with or without hard labour for a period not exceeding three months without the option of a fine; (b) to be removed at any time from the Union by warrant (section 6) 1 . SWEDEN.—By the Aliens Act of 2 August 1927 the chief local government official may order the deportation, not only of the classes of aliens generally deported (criminals, persons whose presence endangers public safety or order, those living by games of chance or prostitution, gipsies, itinerant performers), but also individuals sentenced for :he illegal manufacture or sale of wines or spirits, for being accomplices in such actions or for changing their abode without authority for the purpose of exercising some craft or trade. I n deciding t o deport an alien, his personal position and his family rela1 Very full powers of restriction, arrest and detention are given to immigration officers, who are stationed not only at the ports but at a number of places within the territory or at the borders of the Union. Any person so arrested or restricted has the power of appearing before one of the Appeal Boards. (Official Year Book of the Union of South Africa, 1910-1924, p. 143.) COMPULSORY REPATRIATION OR DEPORTATION 327 tionships, as well as the length of his sojourn in the country, must be taken into account. In particular, persons domiciled in Sweden for five years before being found guilty of a crime which involves deportation will not be deported unless in special circumstances. An appeal against a deportation order may be lodged with the Court of Re-examination. A deported alien is transported at his own expense to his country of origin unless there are special reasons against this; for example, if his country is too distant or if he is likely to be subject to political prosecution. When an alien cannot be transported to his own country or when his nationality is unknown, he is transported to the country from which he came, unless some of the above-mentioned reasons forbid this or if he has previously been deported from it. I n doubtful cases or when there are difficulties in the way of carrying out the order, the chief local government official must report the matter to the King (sections 30, 31, and 37). SWITZERLAND.—An order for the deportation of an alien may be issued either by the Federal Council by virtue of section 70 of the Federal Constitution or by the authorities of the cantons by applying the special Acts of their own cantons. A deportation order issued by the authorities of a canton extends to the whole territory of the Confederation. If it is not possible to carry out the order, the person against whom it is issued may be imprisoned at the expense of the canton which ordered his deportation. Aliens not authorised by the Federal Council to take up residence in Switzerland and who cannot be made to leave the country may be imprisoned at'the expense of the Confederation by a decision of the Federal Department of Justice and Police. An appeal may be made to the Federal Department of Justice and Police against decisions given in the supreme court of a canton by which an alien would be deported from the territory of the Confederation. (Order of 29 November 1921, sections 27, 28, and 33). U N I T E D STATES.—Section 19 of the Immigration Act of 1917 declares that the following persons are liable to deportation at any time within five years after entry x : Any alien : (1) who, at the time of entry, was a member of one or more of the classes excluded by law; (2) who enters the United States in violation of the law; (3) who, within five years after entry, becomes a public charge; (4) who is sentenced to imprisonment for a term of one year or more because of conviction for a crune involving moral turpitude or who is sentenced more than once because of conviction in the United States of any crime involving moral turpitude committed a t any time after entry; (5) who is engaged in any way in connection with prostitution; or (6) who has entered the United States at any place not designated by immigration officials or without inspection 2 . An Act of 26 May 1922 entitled the "Narcotic Act" states that every alien sentenced by a court in the United States for illegal trafficking in narcotics will be deported according to the provisions of the Act of 1917, after having paid the penalty imposed on him (section 2). Section 14 of the Immigration Act, 1924, further provides t h a t any alien who a t any time after entering the United States is found to have been at the time of entry not entitled to enter the United States, or to have remained 1 Certain persons belonging to the immoral, anarchist, or criminal classes may be deported irrespective of the period of their stay. 2 The last provision is applicable only within three years. 328 REJECTION AND REPATRIATION therein for a longer time than permitted, shall be taken into custody and deported. Rule 18 of the Immigration Rules, 1927, provides that officers must make a thorough investigation of all cases when they have reason to believe that a specified alien in the United States is subject to arrest and deportation on warrant (subdivision A). Upon receipt of a telegraphic or written warrant of arrest, the alien is taken before the person named therein and granted a hearing to enable him to show why he should not be deported. Pending determination of the case, he may be taken into custody or allowed to remain in some place deemed secure and proper. The full record must be forwarded to the Bureau of Immigration for determination as to whether or not a deportation warrant shall be issued. I t must be supplemented by a medical certificate showing : (1) whether the alien is in a condition to be deported without danger to life; (2) whether he will require special care and attention on the ocean voyage (subdivision D). Upon receipt of the Bureau's decision, the alien is taken into the custody of the immigration officials for deportation (subdivision F). Aliens are deported to the country whence they came or to the foreign port at which they embarked for the United States ; if that country refuses to permit their re-entry, then they must be taken to the country of which they are citizens or to the country in which they resided prior to entering the country from which they entered the United States. (Immigration Act, 1917, section 20.) Rule 18 (subdivision H) further provides that only aliens of the following classes may be deported to Canada : (a) native-born Canadians who have not expatriated themselves; (bj Canadian citizens by naturalisation; (c) British subjects who have had three years' continuous residence in Canada immediately preceding entry to the United States; (d) aliens not citizens of Canada excluded under United States laws when applying from Canada and found in the United States, within one year from the date of exclusion. Provision is also made for the special treatment of women who are to be deported. When it is necessary to detain or hold arrested women and girls, they are no; incarcerated by immigration officials in jails or other similar . places unless it is absolutely unavoidable ; if there is no suitable accommodation available, arrangements may be made for their detention by some philanthropic or other similar society, preferably under the control of organisations or persons of the same nationality and religion as the detained aliens (Rule 18K, 1927). VENEZUELA.—The Act of 23 July 1925 provides for the deportation of all aliens who have entered contrary to the Migration Acts, those who disturb public order or international relationships, those who have been sentenced in any country for offences involving equivalent punishment in Venezuela (with the exception of political offences), and those who do not remain strictly neutral. The deportation order, against which there is no appeal, must be carried out within a period of from three to thirty days. If it is issued against a trader or a person engaged in industry he may be granted a longer period for compliance. If the deported person does not leave the territory within , the period fixed, he is re-embarked or conducted to the frontier. A deported person cannot, however, be forced to leave the country by any route which would take him to the territory of a Government where he would be subject to persecution. An alien who is not admitted or is deported and tries to enter the country again is liable to imprisonment of from six months to a year after which he is again deported (sections 13, 28, and 32). The Decree of 12 January 1925 orders the immediate deportation without exceptions of all aliens generally referred to under the name of "gipsies", whatever be their nationality or place of origin. REPATRIATION AS A RESULT OF LABOUR CONTRACTS § 3.—Repatriation a s a Result of Labour 329 Contracts I n the case of labour immigration, t h a t is to say, when foreign workers are introduced into a country on behalf of employers of that country, there are very frequently legal provisions regarding the repatriation of such alien workers. These provisions are found particularly in colonial legislation. The methods of repatriation on expiry of a contract of employment may be fixed in various ways. They may be stated definitely in the legislation, or when the conditions for the recruiting of immigrants must be registered in an immigration contract the Act may order t h a t one clause of the contract must refer to a voluntary agreement on this point between the employer and the person engaged, or, again, the Act may draw up a compulsory clause which is included in its exact wording in the contract. The conditions of repatriation are also frequently included in the compulsory or optional clauses of model immigration contracts or model applications for alien workers, the use of which has extended in many immigration countries. I n this question it is necessary t o distinguish between t h e model contracts drawn up independently by the public authorities of the immigration country (which are studied in the present volume) and the model contracts drawn up as a result of a labour treaty or an agreement between the administrations of two countries (which is dealt with in Volume I I I of this work concerning international systems of regulation). International agreements as to the recruiting of workers do, in fact, often fix the methods of their repatriation at the end of the contract which they have come to fulfil. I n different countries there are noticeable variations, not only in the legal form, b u t also in the conditions under which a worker is repatriated on the conclusion of his engagement. The expenses may be charged to the person who brought him to the country or to the employer (these two not always being the same person when the worker has fulfilled several successive engagements), or the expenses may be divided between the various employers for whom the alien has worked in succession. Sometimes the alien immigrant cannot claim his return expenses unless he asks t o be repatriated on the expiry of the engagement for which'he 330 REJECTION AND REPATRIATION came; he loses his rights to repatriation if he contracts another engagement in t h e country. Sometimes he m a y claim p a r t or all of his return fare a t the end of his first engagement and still remain in t h e country. This system of a bonus on taking u p residence is used in certain countries t o encourage the growth of population. Often a definite period is laid down during which the right of repatriation m a y be claimed. Besides t h e fulfilment of t h e original contract, it is often specified t h a t sickness or disability on t h e p a r t of t h e alien worker, or even other reasons for breaking t h e contract, give such worker t h e same right t o repatriation free of charge. The right of repatriation m a y refer t o t h e worker himself or extend t o members of his family, this term being defined more or less clearly b y the Acts and regulations. Often t h e family has the right of claiming repatriation after t h e d e a t h of t h e worker who was its head. BRITISH EMPIRE MANDATED TERRITORY (Under Australian Administration) : Nauru.—By Ordinance No. 18 of 1922, section 41, it is provided that, as soon as possible after the expiration of a labourer's contract, the employer must furnish him and his wife and family, if they accompany him, with a return passage home, and with proper accommodation and maintenance during the passage. J A P A N E S E MANDATED TERRITORY : South Sea Islands.— ' The contract of employment for immigrant workers must state what agreement has been arrived a t regarding the expenses of the journey and the return journey. (Regulations on Immigrant Workers Ordinance, No. 4 of 27 December 1918, section 3.) N E W ZEALAND M A N D A T E D T E R R I T O R Y : W e s t e r n S a m o a . — The Chinese Commissioner undertakes t o repatriate a Chinese labourer a t the end of the period of contract, unless the labourer wishes to renew the contract. If a labourer is certified as chronically unfit he. must be repatriated by h is employer. Moreover, ifthe labourer is certified byamedical officer t o be chronically unfit for work, the employer undertakes to maintain him until he can be repatriated and then to repatriate him. (Terms of the agreement with Chinese labourers under the Chinese Free Labour Ordinance, No.. 10 of 1923.) B E L G I U M : Congo.—The Decree of 16 March 1922 on the labour contract for natives, which applies also to the contract for natives who have immigrated from neighbouring colonies, makes it compulsory for the employer to repatriate the person engaged to the place where the contract was concluded, The worker must claim the fulfilment of this obligation within a month after the expiry of his contract. The employer can fulfil the obligation either by handing to the worker the sum required to cover the expenses of repatriation or by making payment directly to the transport agent. If the contract comes to an end by any fault on the worker's part, a judge shall decide if or t o what extent the employer is still liable for the repatriation of the worker (sections 14 and 17). REPATRIATION AS A RESULT OF LABOUR CONTRACTS 331 DENMARK.—By the Act of 1 April 1912, the contracts of alien workers must state the conditions under which the journey and the return journey are to be paid for. I n terms of the Act of 31 March 1926, if an alien seamen who has disembarked in a Danish port has not obtained permission to register, and if it is necessary to repatriate him, the shipping company or its representative in Denmark must pay to the Danish police the necessary sum for his repatriation (section 1). FRANCE.—The model application forms for alien workers which have to be used by employers state that at the expiry of every six months of the engagement the worker will receive a bonus of 50 francs towards the expenses of his return journey. (Cf. Chapter VI. § 3.) Colonies.—The Decree of 13 February 1852, which lays down the principles regulating immigration by contract, states that, on the expiry of their engagement, the period of which will be fixed by the regulations for each colony, immigrants brought a t the expense of the Treasury or of the colony have a right to their return fare for themselves, their wives, and their minor children. This clause was repeated by the Decrees regulating the application of these principles in various colonies (Guiana, 13 June 1887; Guadeloupe, 30 June 1890; Reunion, 30 March 1881 and 27 J u n e 1887); the colony is obliged in each case to pay the expenses of repatriation. As immigrants are no longer introduced with State support and very rarely at the expense of the local budget, later Decrees, which make the person engaging the worker (the employer) responsible for the cost of bringing him, such as the Immigration Regulations in Madagascar (6 May 1903) and in the Establishments in Oceania (24 February 1920), state t h a t the employer who brings immigrants to the colony must, in case he is not able to receive them at once on their arrival or if the immigrants are unable to find work in the country, undertake to pay the expenses of housing and maintenance for these workers, in addition to their wages from the day on which they were recruited to that on which they are repatriated to the place where they were engaged (section 9). Immigrant workers have the right to repatriation a t the expense of the person engaging them on the expiry of their engagement or re-engagement. They keep this right in the future if, after their first engagement, they have chosen to be re-engaged: if they do not enter into any further contract, they may claim this right within six months after the expiry of their contract. The right of repatriation extends to the wife and minor children of the person engaged. If they are not themselves employed, they are repatriated a t the expense of the last person who employed the father or husband. The immigrant who is dispensed from the obligation to have a contract renounces by this action all right to repatriation free of charge for himself and for his wife and children. The immigrant who has chosen to be repatriated at the end of his period of engagement must wait until a convoy of immigrants are to be repatriated, but this period of waiting must not last more than six months. Duriny this time he is at the disposal of the Immigration Commissioner, who may order him to be kept at the depot or authorise him to remain temporarilg with the last person who engaged him. Before departure, the Immigration Commissioner, assisted by a medical officer, must inspect all the individuals in the convoy. He questions them as to any complaints which they may have to make, verifies their identity, and supervises their embarkation. Ships used for the repatriation of immigrants are subject to the same regulations as those bringing immigrants (sections 84 to 95). In New Caledonia, in terms of the Orders of 26 July 1922 and 29 July 1924, employers who hire Javanese workers must pay the sum of 20 francs per 332 REJECTION AND REPATRIATION worker per month to the funds of the Immigration Office during the whole time of the coolie's residence in the Colony. The total amount thus paid is used exclusively for the purpose of repatriating the worker. I t cannot be employed for any other purpose and is never handed to the worker. If, on the conclusion oí the engagement, the sum is insufficient for repatriation, the person who engaged the worker must pay such further sum as is necessary. Should the sum be more than is necessary, the surplus is refunded to him, as is also the case if the worker dies and leaves no family to be repatriated. The administration further reserves the right to demand from the employer, when a contract of employment is being signed, a security guaranteeing the payment of the expenses of repatriation. If the engaged person has been employed by several employers in success sion, the expenses of repatriation are claimed from these employers in proportion to the period which the worker spent with each of them. The regulations for the repatriation of Javanese workers may be made to apply by special Decree to any convoy of Asiatic immigrants, I n Tongking1 the heads of agricultural undertakings or wood-yards must notify the administration regarding the departure or dismissal of ten or more Asiatic workers, and the administration will decide whether they must be repatriated. (Order of the Governor-General of 12 December 1913.) GREAT BRITAIN : Colonies.—Various British colonies make provision for the repatriation of foreign labourers at the end of their term of service. For example, the laws" of St. Helena (Ascension Island), and Seychelles provide t h a t every employer of an indentured immigrant may be required to furnish security to the Government for the repatriation of time-expired labourers. (St. Helena : Ascension Island Workmen's Protection Ordinance, 1926, section 9 ; Seychelles : The Labour Ordinances Amendment Ordinance, No. 15 of 1903, sections 5, (1), and 6.) I n some colonies the cost of repatriation is borne by the Government. In Fiji the general revenues of the Colony are charged with all such expenses including the upkeep and repair of the repatriation depot, the charter of the vessels, the provision of blankets, clothing, and utensils for use on the voyage by returning immigrants, and the passage moneys. The Government also pays the cost of maintenance, medical treatment, internment, return to his own country of any orphan, and the relief and support of sick and destitute immigrants. (Fiji : Indian Immigrants Ordinance, 1924, sections 3 and 21.) I n Jamaica and Trinidad and Tobago, unless an immigrant is destitute he must pay a proportion of the passage money himself (one-half in the case of males, one-third-in the case of females). In British Guiana, also, the immigrant must pay a certain proportion of the passage money himself. (British Guiana : Immigration Ordinance, 1891, as amended by Ordinance 27 1 In terms of the Order of 25 Oct. 1927 regulating the engagement of Asiatic aliens in the different countries of the Indo-Chinese Union, the contracts of employment and of re-engagement of these workers must contain a clause regarding the repatriation of the worker and his family (section 5). 15very worker with the right to repatriation who during the course of his engagement, is proved by a medical examination to be incapable of carrying out his contract, must be repatriated along with his family at the espense of the employer (section 79). The death of the husband or head of the family gives the wife and minor children the right to cancel the contract and to claim repatriation (section 86, paragraph 9). Generally speaking, breach of contract for any legal reason, apart from the simple desire of the worker, gives the worker the right to repatriation at the expense of the employer during a period of three months from the date on which he leaves the undertaking and during a period of six months if his repatriation is ordered- by the administration because of indigence (saction Sii). REPATRIATION AS A RESULT OF LABOUR CONTRACTS 333 of 1900, section 201, (1); Jamaica : Immigration Protection and Regulation (Further Amendment) Law, No. 12 of 1897, amended by Law No. 2 of 1899, section 1, (2) ; Trinidad and Tobago : Immigration Ordinance, No. 6 of 1916, section 224.) A labourer must have lived in the colony a certain number of years before he can claim the right of repatriation. In the following colonies ten years' continuous residence is required: Jamaica: Idem, section 1, (1); British Guiana : Idem, section 202, (1); Trinidad and Tobago : Idem, section 224. In British Guiana, by the Immigration Act of 1891, as amended by Ordinance 27 of 1900 (section 203), an immigrant who has become entitled to a return passage may surrender his right to it in consideration of a grant of land or money payment, but the law of Jamaica (Immigration Laws Amendment Law, No. 29 of 1906) prohibits the commutation by Indian immigrants of the return passage. I n Brunei, Ceylon, the Federated Malay States, the Straits Settlements, and Johore an immigrant may be repatriated during the period of his service on any of the following grounds : (a) the state of his health ; (b) that the work which he is required to do is unsuited to his capacity; (c) that he has been unjustly treated by his employer; (d) any other sufficient reason. (Brunei: Indian Immigration Enactment, 1924, section 17, (2); Ceylon : Indian Immigrant Labourers (Amendment) Ordinance, 1923, section 22, (1); Federated Malay States : Labour Code, 1923, section 44, (iv), referring to Indian immigrants; Straits Settlements : Labour Code, 1923, section 83, (iv), referring to Indian immigrants; Vnfederated Malay State of Johore : Labour Code, 1924, section 44, (iv), referring to Indian immigrants.) The laws of North Borneo, Mauritus, St. Helena (Ascension Island), and the Vnfederated Malay State of Kelantan provide that a labourer may be repatriated if he becomes ill or permanently unfit for work. (North Borneo : Labour Ordinance,1916, section 29; Mauritius : Labour Ordinance, No. 12 of 1922, section 47; St. Helena: Ascension Island Workmen's Protection Ordinance, 1926, section 9; Vnfederated Malay State of Kelantan : Labourers Health Protection Enactment, 1913, section 7, (1).) Immigrants may be accompanied by their families. In Fiji no child under twelve years of age may be repatriated unless accompanied by parent or guardian. (Fiji : Indian Immigrants Ordinance, 1924, section 6.) The law of Jamaica prohibits the repatriation of any Indian immigrant who has been confined in a lunatic asylum and has not been discharged as cured at least twelve months before sailing, and an immigrant who has shown signs of insanity during the twelve months before sailing and has not the permission of the surgeon superintendent of the ship to embark. (Jamaica: Lunatic Immigrants Law, No. 31 of 1910, sections 2, (1), and 2, (2).) In the Federated Malay States and Straits Settlements, a Netherlands Indian labourer who is entitled to a return passage for himself and his family must be property fed, housed, and medically treated at the expense of his employer while awaiting the steamer on which his return passage is taken. If the labourer dies before the expiration of his contract or while waiting for the steamer to take him home, his family retains the right to the return passage. (Federated Malay States : Netherlands Indian Labourers Protection Enactment, 1909, section 20; Straits Settlements: Netherlands Indian Labourers Protection Act, No. 21 of 1908, sections 20, (1), and 20, (2).) In British Guiana every Indian immigrant who has concluded his period of service is entitled to a free passport to leave the Colony, and no immigrant may leave the Colony without this passport. No immigrant introduced into the Colony a t the expense of the Colony or of the immigration fund has the right to a passport until he has resided there five years. Any master or owner of a ship who receives on board any immigrant who has not obtained a passport or whose passport has expired is liable to a fine. (Immigration Ordinance, 1891.) In Trinidad and Tobago every immigrant who has completed his term of service under indenture is entitled to receive a certificate of exemption 334 REJECTION AND REPATRIATION from labour and to receive a passport if he wishes to leave the Colony. (Immigration Ordinance, No. 2(3 of 1916.) (Cf. also Chapter I I I , § 1, (f), regarding the obligations of the employer in Bermuda, Hongkong, Sierra Leone, and Somaliland with regard to the return journey of the worker.) NETHERLANDS : East Indies.—By the Order of 29 June 1925, regarding coolies engaged for work on the west coast of Sumatra (which has been taken as an example), the employer is bound, whenever the contract of employment with a worker is cancelled, to send the latter back free of charge at the first opportunity to his place of origin, along with his family ; if the worker dies, the family must be repatriated. If, however, a worker wishes to remain in the country his right to claim repatriation may be suspended if he satisfies the conditions for admission and residence necessary for a free immigrant. Until an opportunity occurs for repatriating a worker, on the conclusion of his contract, the employer assumes responsibility for the maintenance of the worker and his family. If the worker and his family do not take advantage immediately of an opportunity of repatriation offered them, the employer remains bound to repatriate them at his own expense on request for a month after date on which the contract expired. If the above obligations are not fulfilled, the head of the local administration must see t h a t they are carried out at the expense of the employer (section 16). The obligations of the employer regarding repatriation of persons whom he has engaged must be stated in the contract of employment (section 4, paragraph 11). Surinam.—In terms of the Order of 16 April 1896 with regard to recruiting Javanese workers by the Government of Surinam for agricultural work in this Colony, immigrants are repatriated at the expense of the Colony when their engagement expires. The right of free repatriation extends to the wife and family whom the immigrant has brought with him as well as to any children born in the Colony, provided that these persons accompany the immigrant on his return journey. The right of repatriation is lost if the immigrant renounces it in exchange for certain advantages granted him for the purpose of settling in the country. (Cf. Chapter X I , § 2.) PANAMA.—Act No. 55 of 30 March 1925 makes it compulsory for employers, whether individuals or companies, to give a sufficient guarantee that they will repatriate at their expense, and at any moment at which it seems necessary, workers whom they have brought to the country. They must, if required, pay the maintenance expenses which may be incurred while the workers are waiting to be embarked for their place of origin (section 3). PORTUGAL : Colonies.—The Regulations of 17 July 1909 for recruiting workers from Portuguese colonies for St. Thomas and Principe Islands set up a repatriation fund to which employers are compelled to subscribe (sections 97 and 99). The Decree of 14 October 1914 provides t h a t the Government may set up in any colony where it considers it necessary a labour and repatriation fund, which will come uiider the supervision of the local migration committee under conditions similar to those for the funds already existing in St. Thomas and Principe Island (sections 180 and 181). Where such funds are set up, the Governor of the Province must control their working and appoint the officials to supervise them. The Governor of the colony where native workers are embarked for repatriation must appoint a Government commissioner on board the ships bearing such workers, t o be responsible for the repatriation bonus formed of the sums which have been deducted from the workers' wages and which ASSISTANCE FOR VOLUNTARY REPATRIATION 335 are due to them on the conclusion of their contract. These sums must be regularly paid into the repatriation fund. If a group of returning workers is unaccompanied, the money must be paid to the workers in person a t the moment of embarkation. If a Government commissioner accompanies the workers, he must see that the repatriated natives land a t their port of destination and must give the repatriation bonus to the Curator or his representative in the place t o which the workers are being repatriated, and the Curator must deliver the bonus to each person on arrival a t his place of origin (sections 142, 143, and 186). By the same Decree, section 92, the contracts for native immigrants from other colonies must be registered at the Curator's office, and the latter must see that the contract provides for repatriation a t the expense of the employer. (For the provisions regarding repatriation of young native workers, cf. Chapter III, § 1, (h), and for the provisions laid down by agreement between Angola and Mozambique on the one hand and St. Thomas and Principe on the other for recruiting native workers, as well as the obligations for the repatriation of these workers by employers in St. Thomas and Principe, cf. Volume I , Chapter X, § 3, The provisions of the Agreement between Angola and St. Thomas and Principe are also extended t o workers recruited in Cape Verde Colony by law (No. 3 of 24 March 1927).) S E R B - C R O A T - S L O V E N E KINGDOM.—The clause of the labour contract regarding conditions of transport will be found in Chapter VI, § 3. § 4.—Assistance for Voluntary Repatriation Besides t h e cases in which the State supervises the repatriation of workers introduced into the country with its support as described in the previous section, mention m u s t be made of t h e fact t h a t certain Governments in very rare cases assist t h e repatriation of immigrants who are in indigent circumstances and desire t o return to their own country Such help is given in particular t o families who have lost t h e person supporting them or to persons suffering from an incurable disease. This is in t h e n a t u r e of charitable assistance; b u t it has also an economicaspect, since the aid granted t o individuals if they remain in t h e country would probably finally become more expensive for t h e State t h a n their repatriation. I t will also be seen in Volume III, Chapter IV, t h a t quite numerous international agreements have been concluded regulating the repatriation of individuals who have become destitute in a foreign country. Other provisions concern the institution of a sufficient g u a r a n t e e t o cover t h e expense of t h e repatriation when necessary of aliens who h a v e settled in a country. FRENCH MANDATED TERRITORIES : Togo and Cameroons.— The Decree of 30 October 1926 provides for the payment of a deposit or the indication of some person who will act as surety a t the moment of arrival for t h e repatriation of individuals of French or other nationality who are 836 REJECTION AND REPATRIATION admitted to residence in the territory. are given in Chapter I I I , § 1, (f).) o (Details regarding this obligation BRAZIL.—In terms of Decree; No. 9081 of 3 November 1911 (sections 35 to 39), the Federal Government grants repatriation on request to assisted or voluntary immigrants who have resided in the country for less than two years and who are in any of the following positions : (a) Widows and orphans unable to provide for their own livelihood and with no members of their family who can support them. (b) Individuals who have become unable to gain a livelihood either as a result of an incurable disease or because of an accident which happened during their work and who are not supported by members of their family. (c) The wives and children under twelve years of age of the individuals mentioned, if the latter are absolutely unable to supply the needs of their family. (d) Children under twelve years of age belonging to the families of immigrants who are in any of the situations mentioned above. In addition, a repatriated immigrant is granted pecuniary assistance of from 50 to 200 milreis according to the. number of persons in the family and length of the journey. I n the State of Sao Paolo the E'ecree No. 2400 of 9 July 1913 (sections 112 to 119) lays down conditions similar to those decided upon by the Federal Government for the repatriation of immigrants at the expense of the State. This measure, however, applies only in the case of immigrants employed as rural workers in agriculture or as holders of grants of land in the colonies. The pecuniary assistance granted varies from 100 to 300 milreis according to the number of persons in the family. In the State of Bahia in terms of the regulations of the Immigration Act (4 January 1926), repatriation at the expense of the State is carried out in conditions practically the same as those mentioned above. The assistance granted is in proportion to the number of members in the family and may not exceed 200 milreis. If the parties concerned wish it, they may also be refunded any money which they paid for acquiring a grant of land belonging to the deceased (sections 75 to 77). (Cf. Chapter X I , § 2, "Settlement*'.) F R A N C E : Colonies.—In terms of the Decree of 27 March 1852 (section 37), the special Immigration Commissioner in each colony may, on the request of the immigrants, undertake to negotiate in their name a contract of transport with the masters or owners of a vessel with a view to their repatriation when they are able to leave the colony and pay their own expenses. In West Africa the Decree of 24 January 1925 regarding the admission of aliens, completed by the Decree of 5 March 1927, states that every alien must on arrival pay to the Immigration Commissioner a sum sufficient to cover the expense of repatriation if necessary to his country of origin according to a table drawn up by the authorities. An alien may be exempted from this deposit if a solvent licensed trader settled in the Colony undertakes to provide, if required, for his repatriation'. This deposit or surety may be replaced by an official guarantee by the authorities of the country of origin of the alien concerned,, by which the Government undertakes to repay, if required, the expenses of repatriation of the alien if he becomes destitute (section 1). The Governor-General may decide that the deposit shall be refunded after two years of residence (section 2). G R E A T B R I T A I N : Colonies .—The Government may render assistance t o immigrants who wish to return to their countries of origin. This REGULATIONS FOR THE DEPARTURE OF IMMIGRANTS 337 assistance may take the form of financial aid as in Bermuda, Mauritius, and the Windward Islands, but the Immigration Ordinance of British Guiana specifies only that the Immigration Agent-General must render "all reasonable help and advice" to the immigrant. (Bermuda : Immigration Act, 1902, section 32, as amended by the Immigration Act, 1920, section 3. British Guiana : Non-Asiatic Immigration Ordinance, No. 10 of 1890, section 25. Mauritius : Labour Ordinance, No. 12 of 1924, section 90. Windward Islands : St. Lucia, Emigrants Protection Ordinance, 1916, section 8; St. Vincent, Emigrants Protection Ordinance, 1924, section 8.) In Mauritius any Indian immigrant introduced after the coming into force of the Labour Ordinance, No. 12 of 1922, who is unwilling or unable to obtain further employment may apply to the Protector of Immigrants, who, on being satisfied t h a t there are reasonable grounds for his doing so, may repatriate him to India. The Governor may apply such funds as may be voted for the purpose by the Council of Government towards assisting or granting free return passages to immigrants and their families who may be in distress and unable themselves to pay their return passages. (Labour Ordinance, No. 12 of 1924, sections 79 and 90.) In Bermuda any person who is not a native of the Bermuda Islands who applies to the Immigration Officer for assistance to enable him to leave these islands permanently, and who satisfies the Immigration Officer that he has not sufficient means to defray the expense of his passage, may be assisted out of the Public Treasury. (Immigration Act, 1902, section 32, as amended by the Immigration Act, 1920, section 3.) PANAMA.—-A deposit of 150 balboas is demanded from immigrants who come of their own accord ; it is refunded in case of repatriation or after a year of residence if they are in steady employment. (Act No. 55 of 1925, section 2.) Aliens resident in the country and afflicted by any mental or "contagious disease and requiring to be confined or maintained on this account are repatriated at the expense of the Treasury if payment cannot be obtained from the Government of the country of which such person is a citizen, provided there exist in the country of origin asylums or hospitals suitable for such diseases. (Administrative Code, sections 1886-1887.) PORTUGAL : Colonies.—Settlers disembarking in Angola must deposit a certain sum for their return journey. When they wish to return to t r e mother country, the administrative services must arrange with the shipping company for their return voyage. When the agency which brought the settler is responsible for the payment of his passage, such payment must be claimed through the Administrative Department to which the demand for repatriation is addressed. (Order of 3 March 1926.) U N I T E D STATES.—The Immigration Act of 1917 gives the Commissioner-General of Immigration authority to repatriate to their country of origin, at any time within three years after their entry and at the expense of the sums granted for the execution of this Act, any aliens who have become indigent and require public assistance for reasons which have arisen after their entry and who desire to be repatriated (section 23). § 5.—Regulations for the Departure of Immigrants There are other measures regarding voluntary repatriation, measures of supervision to assure that the immigrant on leaving the country has discharged all his obligations, particularly with reference to the payment of taxes for which he is responsible, 22 338 REJECTION AND REPATRIATION and obligations undertaken in virtue of the contract by which he immigrated. An embarkation permit is often demanded and is not issued until the necessary proofs are shown that he has fulfilled all such obligations. Measures of this type are most frequently taken with regard to coloured workers recruited for agricultural work in colonies and subject to a special system of regulations regarding labour and residence. F R E N C H M A N D A T E D T E R R I T O R Y : Togo.—Natives recruited outside Togo and returning to their country of origin on the expiry of a contract of employment must show a pass if they travel by land or an embarkation permit if they travel by sea. (Decree of 1 March 1927, section 2.) D O M I N I C A N R E P U B L I C — T h e Decree of 12 January 1923 prohibits the sale of a ticket or the provision of any means of transport for alien workers who have come for the sugar harvest or any other harvest until such work has been concluded. F R A N C E : Colonies.—In Indo-China Asiatic aliens leaving IndoChina by sea must possess, in addition to their passport, a departure certificate issued by the Immigration Service of the Colony. The masters of ships and captains of boats cannot take on board as passengers any Asiatic aliens not in possession of this certificate. They are subject to a fine and to imprisonment if they take on board fraudulently any such passengers, and the owner of the ship or boat is declared responsible in civil law for the fines incurred. The Asiatic alien must also possess a certificate from the head of his group or from the person who engaged him stating that he is under no obligation to the Colony. The employer or the group giving such a certificate is responsible for any money which the alien may owe. At the moment of departure every vessel is inspected, and the master of a ship transporting Asiatic aliens must give notice three hours in advance of the number of such aliens who are travelling on board. In order to make certain that no individual who does not possess a ticket and the compulsory departure certificate is on board, the immigration inspectors may visit all cabins, store-rooms, cupboards, or other places in which such a person might hide. An Asiatic alien belonging to an unclassified category or to the first three categories 1 or any Asiatic put forward by his group who desires to leave Cochin-China temporarily to travel abroad or t o return to his native country can obtain a passport valid for one year. His residence permit is withdrawn during this period, but is returned to him when he comes back to the Colony. ( Cochin-China : Order of 26 July 1904 and of 16 October 1906, sections 26, 27, and 40-44; Cambodia : Order of 15 November 1919; Tongking : Order of 12 December 1913, sections 6 and 7.) I n the Ivory Coast, Congo, and Dahomey, an embarkation permit from the Governor is required by natives recruited outside the Colony and returning to their country of origin on the expiry of their engagement. (Ivory Coast : Decree of 25 October 1902; Congo : Decree of 2 July 1901 ; Dahomey : Decree of 14 October 1902.) G R E A T B R I T A I N : Colonies.—The legislation of various colonies contains restrictions concerning the departure of immigrant workers. These restrictions are as follows : British Guiana.—-No immigrant may quit or attempt to quit the Colony Cf. Chapter X I , § 5, with regard t o t h e registration of Asiatics in Indo-China. REGULATIONS TOR THE DEPARTURE OF IMMIGRANTS 339 without having previously obtained a passport from the Immigration Agent-General. No passport will be issued to an indentured immigrant or, unless specially authorised by the Governor, to any immigrant introduced into British Guiana a t the expense of the Colony or of the immigration fund who has not resided in the Colony for a period of at least five years from the date of arrival. (Immigration Ordinance, 1891, section 196 and 197.) Brunei.—No Indian immigrant may leave the State except for a destination in some country or State to which Indian emigration has been sanctioned by the High Commissioner with the approval of the Indian Government. The High Commissioner has power to alter from time to time with the approval of the Indian Government those countries or States to which immigration is sanctioned. (Indian Immigration Enactment, 1924, section 20.) Ceylon.—Every Indian immigrant wishing to embark on some vessel must obtain from the Chief Customs Officer of the port of departure a permit stating the reason for which he wishes to leave the island and the port at which he intends to disembark. Federated Malay States and State of Johore.—No Indian immigrant may depart from the States except to go to : (a) a country or State to which Indian emigration is authorised by the Governor of the Straits Settlements with the consent of the Government of India; (b) British India or Ceylon; (c) the Straits Settlements or the State of Johore. {Federated Malay States : Labour Code of 1923, section 50; State of Johore : Labour Code, No. 10 of 1924, section 50.) Jamaica.—No indentured immigrant may leave the Colony without a passport. (Immigration Act, No. 23 of 1879, section 90.) Unfederated Malay States of Perlis, Kedah and Kelantan.-—The law states that no Indian immigrant may depart from the State except to go to the Straits Settlements, Federated Malay States, British India, Ceylon, some other Non-Federated State to which Indian emigration is authorised or some other country or State to which Indian emigration has been authorised by the Governor of the Straits Settlements with the consent of the Government of India. (Kedah : Indian Immigration Enactment, 1328 \ section 14; Kelantan : Indian Immigration Enactment, 1910, section 15; Perlis : Indian Immigration Enactment, 1329, section 15.) Straits Settlements.—No Indian immigrant may leave any settlement in the Straits Settlements except for another settlement in the same Colony, another part of the same settlement, a country or State to which Indian emigration is authorised by the Governor with the consent of the Government of India, British India, Ceylon, or any place in the Federated Malay States or in the State of Johore. (Labour Code, No. 14 of 1923, section 88.) SWITZERLAND.—By the Order of 29 November 1921, the police authorities for the supervision of aliens may demand from aliens leaving Switzerland and guilty of an infringement of the Ordinance for the supervision of aliens or of any orders of the police authorities a deposit not exceeding 5,000 francs. If the guilty party escapes legal prosecution the deposit will fall to the canton concerned (section 25). U N I T E D STATES.—Before the departure of any alien passenger the authorities shall carefully verify whether he has fulfilled all his obligations with regard to taxation. A certificate to this effect is demanded. 1 Mohammedan era. 340 THE TREATMENT OF IMMIGRANTS CHAPTER XI T H E TREATMENT OF IMMIGRANTS BY T H E AUTHORITIES OF THE IMMIGRATION COUNTRY Once the immigrant has been admitted to the foreign country where he wishes to settle, he: comes under the jurisdiction of the laws of that country. The system under which he lives henceforth resembles that of the nationals of the country. It differs from it, however, on certain points : on the one hand, certain special favours are granted to immigrants who are admitted, and on the other hand they are pledged to certain obligations. These advantages and obligations often constitute a different system from that regulating the life of aliens in general. In this analysis of some of the more important points regarding the treatment of immigrants, an effort will be made to point out the features peculiar to this system ; but this analysis can only be an outline, since the status of the immigrant in any country is an extremely complex question which can only be distinguished with difficulty from the general conditions for the settlement of aliens. The various elements which make up the status of the immigrant have to be sought in numerous general laws and regulations : constitutional laws, Public Safety Acts, Naturalisation Acts, Civil Codes, Land Settlement Acts, labour legislation, etc. This brief outline aims merely at showing a few of the close connections between the problem of immigration and the internal legislation of each country. § 1.—Advantages Granted to I m m i g r a n t s after Admission Different kinds of privileges are granted by many countries in order to encourage immigration, either to all immigrants without distinction, provided they satisfy the legal conditions, ADVANTAGES GRANTED TO IMMIGRANTS AFTER ADMISSION 341 or merely t o those who are considered peculiarly desirable, e.g. those skilled in certain trades, belonging t o certain races or nationalities, or in possession of a certain amount of capital. Sometimes the advantages granted differ according t o whether the individuals in question are voluntary immigrants or are recruited on behalf of the State or for a private employer. The advantages granted to the immigrant are generally extended t o his family, especially if it accompanies him, b u t sometimes also when it comes to join him later. Frequently a declaration must be made on departure or immediately after arriving in which the immigrant claims the privileges offered, or failing this loses all right to them. The chief advantages consist in free assistance in the disembarkation of the immigrants and their luggage, freedom from customs duty for various ordinary objects, and the reception of the immigrants in a hostel where they are fed and maintained free of charge during the first few days, and sometimes during a considerable period in case of sickness. They are also granted free of charge such information as may be necessary for them in obtaining a situation or in choosing a place in which t o settle. I n m a n y cases t h e information office is found in t h e hostel where t h e immigrants are received, and there also may be found a n official money-changing office, interpreters and men or women to accompany and protect the immigrants. Certain laws also specify t h a t State assistance may be granted for t h e sea journey; this question has already been dealt with in Chapter VI, § 5 ("Assisted Immigration"). After having chosen t h e place where they wish t o settle, the immigrants are often transported free of charge by rail or by boat t o the station nearest t h e place where they are t o work. The grant of a certain area of land per family or per individual is often made on favourable terms. More precise details regarding grants of land for the purposes of settlement are given in t h e following section, along with other privileges in the same connection. I t has been seen in Chapter V, § 2, t h a t vocational training is frequently organised for immigrants, either for adults who have t o adapt themselves to new conditions of work or for young people who are being apprenticed t o a trade. Some States also pay t h e expenses of general education in order t o permit the new arrivals t o learn the language of the country or t o allow 342 THE TREATMENT OF IMMIGRANTS the children of settlers living in newly-built centres of population to receive elementary education. Further, the children of aliens living in towns and villages are generally allowed to benefit by free education on the same terms as nationals in the public schools, provided stich a system exists in the country. A special section is devoted to protective measures for securing the well-being of immigrant workers and their families and safeguarding their interests in their dealings with their employers. Immigrants are sometimes granted advances to be repaid over a long period and at a moderate rate of interest for setting up in industry or agriculture. Finally, the new immigrants, when they have settled, continue to enjoy in certain countries for a longer or shorter period privileged treatment consisting, for example, in exemption from certain burdens to which the other inhabitants of the country are subject: taxes, corvées, military service, etc. A R G E N T I N A . — E v e r y immigrant on arrival in Argentina is entitled to the following privileges : (1) To be housed and fed for five days, or, in case of sickness, until recovery; (2) To receive all information which he desires a t the information office installed in the hostel; (3) to obtain through the employment exchange attached to the hostel a situation in the trade or industry which he chooses, provided it exists in the country; (4) To be transported at the: expense of the State to that part of the country in which he wishes to be domiciled. During transport, officials of the immigTation service assist immigrants a t any places where they have to change their means of transport; if necessary, arrangements are made for housing and maintaining them during this journey; (5) To bring into the country free of all duty furniture, clothes and any instruments or tools necessary for the trade which he professes, up to a maximum value fixed by the Executive. The preceding provisions extend, as far as applicable, to the wives and children of the immigrants. Special provisions exist with regard to immigrants proceeding to agricultural settlements (cf. § 2 of this chapter). An immigrant who wishes to enjoy these privileges must fulfil the conditions laid down in the Act, and must, when embarking, have stated to the master of the vessel or to the harbour authorities that he wished to profit by these advantages. Failing this, he is considered as an ordinary traveller. (Migration Act of 1876; Circular of 23 February 1923; and pamphlet of the Ministry of Agriculture, Nociones Utiles, Buenos Ayres, 1925.) AUSTRALIA.—By the Migration Agreement, 8 April 1926, between Great Britain and the Commonwealth Government (section 5, (4)), it was provided that before any payment was made by the Secretary of State ADVANTAGES GRANTED TO IMMIGRANTS AFTER ADMISSION 343 under the Agreement, a reception depot should be established, where necessary, in some country district of the State concerned, at which assisted migrants could be received and at which if required, they should be given training facilities ; and an adequate after-care organisation should be established in the State. Great Britain undertook to provide one-third of the capital cost of providing such reception depots (section 8) and one-third of the approved annual maintenance expenditure. By section 9 of the same agreement the Commonwealth Government undertook to make arrangements to ensure that the methods at present employed in the reception, training, settlement, after-care, and housing of assisted migrants in Australia should be reorganised where necessary under Government supervision, and to arrange that assisted migrants should be treated fairly in all respects, and that they should be found suitable employment in Australia at the same rate of wages as Australians of similar experience, provided that in the case of nominated migrants this condition should be met by the guarantee of the nominators (section 9, (g)). Further, all Australian States grant free transport on their railways to assisted immigrants proceeding to their first situation or joining their nominators. Bach State also grants to assisted immigrants free transport or special facilities on coastal steamers and in certain cases on coaches from the rail heads 1 . I t is stated elsewhere (Chapter V, § 2, and Chapter X I , § 4) that in South Australia and JVeio South Wales special provision is made for the apprenticeship and protection of young immigrants. In South Australia boy immigrants may also, a t the end of their apprenticeship, obtain loans for the purchase of implements, stock and seeds to enable them to set up for themselves as agriculturists. (Immigration Act, 1923, section 21.). A farm apprenticeship scheme is also in operation in Queensland2. The New Settlers' League, which was formed in 1921 under the auspices of the Commonwealth Government, with the object of stimulating interest in migration and of co-ordinating the efforts of the various bodies in each State concerned therewith, has since that time passed under the control of the various State Governments, though the Commonwealth joins with the States in contributing towards the administrative expenses of the organisation. The organisation in each State consists of a central office in the capital city, and of a number of branches conducted by honorary workers in the country centres. The activities of the League in connection with the reception of migrants are referred to in Chapter X I , § 3. When the migrant proceeds to a situation, his name and address are handed to the general secretary of the League, who warns the appropriate branch secretary of his coming 3 . BOLIVIA.—By the Act of 20 January 1927 (section 2) immigrants who come to settle in the country enjoy the following privileges : (1) A free journey to their place of destination by railway or by other transport undertakings in the country. This right extends to the wife and all the children of the immigrant; (2) Entry of luggage free of all duty, including a bed and all the usual kitchen ustensils and furniture, tools required for the immigrant's occupation and a sporting gun; (3) The sale by instalments of a certain area of land either for agricultural purposes, for cattle rearing, or for any useful industry. 1 O V E R S E A SETTLEMENT D E P A R T M E N T : Handbook on the Commonwealth of Australia. London, revised to 1 J a n . 1927. 2 Report of the British Oversea Settlement Delegation to Australia. May 1924. Cmd. 2132. s Ibid. 344 THE TREATMENT OF IMMIGRANTS Fifty hectares, worth 10 centavos per hectare, are made available for each adult person, and children between fourteen and eighteen years of age are entitled to 25 hectares. The immigrant who cannot pay in cash is granted facilities for paying in instalments over five periods at an annual interest of 5 per cent. The instalments begin to fall due in the third year after settlement and a reduction of 5 per cent, is granted on any sums paid before that date ; (4) On request, the Immigration Office will give all information, advice and assistance necessary for settlement; (5) I n the settlement centres where there are more than 100 families, the State guarantees this education of the children of immigrants (section 31). BRAZIL.—According to the basic regulations for the Settlement Service, dated 17 J u l y 1907, and the Decree No. 9081 of 3 November 1911, two classes of immigrants have to be considered : assisted immigrants brought by the Federal Government or by a private company, and voluntary immigrants. The former are brought a t the expense of the Federal Government or of the State which applied for them. The latter are second- or third-class passengers coming from foreign ports at their own expense. During the last few years the repayment of the expenses of the sea journey for voluntary immigrants when it is granted (ci:\ Chapter VI, § 5) has not been made in cash, but has been granted as a reduction in the price of any piece of land or house which may be bought. The following advantages are guaranteed by the Federal Government or by the States for all agricultural immigrants : (1) Assistance in the disembarkation of the immigrants and their luggage and an interpreter who is at their disposal on arrival; (2) Free maintenance (and, in case of sickness, medical attention in the hostel) for such time as may be necessary until the immigrants leave for the place in which they have chosen to settle, generally three to eight days; (3) Freedom from customs duty for personal effects, agricultural instruments or tools required for their occupation; (4) Free transport by rail or by steamer to the settlement, the Federal Government bearing the cost of transport by any means of communication under its administration, whilst the rest of the journey is paid for by the State, the company or the private person owning ; the settlement. (Decree quoted, sections 4-12 and 25-34.) The instructions of 30 J u n e 1925 entrust the management of the immigrant hostels to the Immigration Commissariat and the immigration inspectorate. There are attached to these establishments interpreters who must give their services free of charge to immigrants who have recently disembarked. There is also an information office and a money-changing office, the services of both of which are free (sections 7, 8, and 12.) The regulations published by the various States grant practically the same advantages. In Säo Paulo, by the Decree No. 2400 of 9 J u l y 1913, immigrants arriving at the port of Santos are disembarked free of charge, along with their luggage, under the supervision of the immigration inspectorate, and are kept for six days at the expense of the State, or in case of sickness they are kept until recovery. Immigrants who wish to remain longer in the immigrant hostel for any reason other than sickness may obtain permission to do so by paying for their maintenance according to a tariff approved by Decree. The Government supervises the feeding of immigrants in the hostels (sections 88-90 and 94-97). Immigrants travelling to settlement centres situated within the territory of the State are kept free of charge until the centres can receive them. ADVANTAGES GRANTED TO IMMIGRANTS AFTER ADMISSION 3 4 5 Those who have no occupation in view may find one through the Central Employment Office. All immigrants whose destination is a t a n y place within the territory of the State are transported free of charge to the station nearest their destination. Reference is made in Chapter VI, § 5, to the provisions relating to t h e repayment of the maritime transport charges t o immigrants who arrive independently. In § 2 of this chapter reterence is made to the advantages offered with a view to settlement is the settlement centres. In the State of Minas Geraes, by the immigration regulations approved by Decree of 24 September 1925, immigrants are on arrival maintained free of charge a t t h e immigration hostel at Bella Horizonte during t h e first ten days ; their stay here cannot be extended beyond that period except, in case of sickness or through force of circumstances, with the approval of t h e Director of Agriculture. A medical service and an employment agency are attached t o the hostel, along with t h e necessary interpreters for arranging a n agreement between t h e parties concerned, employers and immigrants (sections 40-57). Immigrants who find a situation with the help of t h e Secretariat of Agriculture are transported a t t h e expense of t h e State. Those who are engaged by farmers are transported at the expense of the latter (sections 13 and 167). Special advantages are granted for settlement in agriculture or in urban centres of recent growth. These are mentioned in the following section. I n the State of Fernambuco immigrants who are admitted enjoy, besides the repayment of their third-class passage, the privilege of a grant of land with or without a dwelling house and certain cash advances which may amount t o 3 contos 1 per family. The last two privileges are given in the form of a loan repayable by instalments. (Act of 9 April 1925.) CANADA.—The Immigration Act, 1910-1924, stipulates that every immigrant on arriving a t a port of entry is entitled t o remain and keep his luggage on board the vessel for twenty-four hours, unless facilities for housing on land or for inland carriage are available earlier, and the master of the vessel is not allowed t o remove a n y berths or accommodation used by an immigrant in those circumstances (section 60). The Report of the Department of Immigration and Colonisation for the Fiscal Year ended 31 March 19S5 states that Canadian women's hostels are situated in several of the large cities of Canada where immigrant women seeking employment as household workers m a y receive twenty-four t o forty-light hours' free accommodation on arrival. The hostels are managed by local committees and receive grants in most cases from both the Dominion and Provincial Governments. The Women's Branch of the Department of Immigration and Colonisation follows up cases of women immigrants who have not registered a t their hostels but who have gone forward to join relatives or friends. Women representatives meet every ship on arrival, and assist all unaccompanied women on board. The Women's Branch acts as an employment bureau for women looking for work 2 . According t o a statement issued by the Department of Immigration and Colonisation 3 , juvenile immigration from the British Isles, that is t o say, immigration of boys and girls unaccompanied by parents or guardians, is placed under the control of a Supervisor of Juvenile Immigration, who is in charge of a special branch of the Department. The children are care. 1 One conto = 1,000 milreis, or approximately £25. 2 C A N A D A , D E P A R T M E N T OF I M M I G R A T I O N AND COLONISATION : Report for the Fiscal Year ended 31 March 192S,-.pv. 50-51. 3 Canada and Immigration. Issued b y a u t h o r i t y of t h e Minister of Immigration a n d Colonisation. Ottawa, 1927. 346 THE TREATMENT OF IMMIGRANTS fully inspected by Canadian officials before they leave the British Isles, and they are taken to Canada by certain recognised voluntary associations. (Cf. above Chapter V, § 2.) The Report of the British Oversea Settlement Delegation to Canada, i924 (Cmd. 2285), says t h a t the children are taken in the first place, with very few exceptions, to receiving homes where they are accommodated for a few days, and they are then placed in homes. The provincial Governments hold the societies bringing children into their province responsible for the supervision and protection of the children after they have been placed out. Special legislation on this subject exists in Alberta, Manitoba, Nova Scotia, and Ontario (cf. below, § 4). COLOMBIA.—Act No. 114 of 30 December 1922 aims at encouraging the immigration of families likely to provide a physically and morally healthy population. From the point of view of establishment in the country immigrants are divided into two categories : (1) Those who come as workers to hire out their services: (2) Those who come to work; independently a t a n art or an industry. The latter must be in possession of a minimum capital equivalent to 200 pesos in order to enjoy the advantages offered by the Act (section 15). I n terms of section 12 the following advantages are granted to immigrants provided with the certified documents required by the said Act and otherwise conforming to its conditions : (a) to be lodged and maintained by the appropriate immigration services during the first five days after arrival; (b) to be given information and advice by the officials of these services regarding the legal provisions concerning immigrants ; (c) to bring into the country free of customs duty and all departmental or municipal taxes all effects for their personal use, the usual domestic furniture, agricultural implements, or tools required for their occupation; (d) to receive an identity card on presenting which immigrants are allowed free of charge to make use of all means of transport r u n by the State or by private undertakings over which the State has certain rights in order to arrive at the place of residence which they have chosen; (e) to obtain a grant of a certain parcel of land in conformity with the provisions drawn up by the Executive (cf. § 2) ; ff) to receive assistance during their journey as far as it can be given them by the immigration committees ; (g) to receive free advice in legal matters or in any dealings with the Administration or the police during one year after entering the country. All persons conforming to the definition of an immigrant given in section 8 of the Act are entitled to these advantages. Those who do not wish to benefit by them must make a sta.tement to this effect to the port authorities during the inspection on the boat which brings them or at the latest on disembarking. They are then considered as ordinary travellers (section 9). CUBA.—Immigrants disembarking at the port of Havana are maintained during several days a t the expense of the State in the immigrant hostel a t Tiscornia; they are cared for there in case of sickness. ECUADOR.—The following advantages are granted to immigrants by the Immigration and Colonisation Decree of 30 December 1926 : (1) All immigrants are granted free passage, food and the transport of their luggage from the port in Ecuador where they arrive to the State immigrants' hostel nearest to their place of destination; (2) Immigrants intending to devote themselves to land settlement, agriculture or cattle-rearing in a State settlement centre or in a centre belonging to a legally constituted society according to the laws of Ecuador and the contracts drawn up by the Government are entitled to housing and food free of charge in one of the ADVANTAGES GRANTED TO IMMIGRANTS AFTER ADMISSION 347 immigration hostels for one month and also to a monthly grant during six months or a year according to the agreement made with the immigrant on arrival and the services which he renders in connection with land settlement. These pecuniary grants amount to 60 sucres l per individual male or female between the ages of eighteen and forty years, or 120 sucres for a husband and wife if both are under forty years of age, or 135 sucres for a larger family independent of the number of children under eighteen years of age which form it. For the year 1027 the number of immigrants who may be ' brought to Ecuador and enjoy the benefit of these advantages has been fixed a t 300. The advantages are granted to those possessing a minimum capital of 5,000 sucres. FRANCE.—As a result of an agreement between the Government and the railway companies, permission is granted either to alien workers arriving in France or to those returning to their country of origin (according to the needs of the labour market) to obtain a reduction of 50 per cent. on the normal price of third-class tickets for the journey from the frontier point of entering or leaving the country to the place where they are employed. This reduction, which was established in 1921 for the benefit of immigrant workers arriving at frontier posts with a labour contract drawn up in due form, was suspended during the industrial depression at the end of the year 1926 and at the beginning qf 1927, while repatriated workers on the other hand were allowed to get the benefit of this reduction. The grant for workers arriving in the country was re-established at the end of 1927. G R E E C E . — I n Volume I I I attention is drawn to the question of setting up an autonomous office for Greek refugees, through which the necessary facilities will be granted to refugees or to persons exchanged between Greece on the one hand and Bulgaria and Turkey on the other to take up residence in Greek territory. GUATEMALA.—The Act of 1919 distinguished between three classes of immigrants : (1) Those arriving in the country without a contract; (2) Those engaged by companies or by private persons; (3) Those engaged by the Government (section 2). According to this Act immigrants of the first class were granted : (a) a free passage by sea from the port of embarkation and sometimes a land journey from their place of former residence if the Government considered it desirable; (b) exemption from customs duties for their personal clothing, furniture, agricultural implements or occupational tools, domestic animals and seeds which they import for their own immediate use and not for purposes of trade; (c) exemption from the payment of consular dues including the cost of passports and the certificates with which they must be provided; (d) transport at the expense of the Government from the port of disembarkation to the place of destination (section 9). Immigrants of the second and third classes enjoy the same privileges, but their journey is paid for by the company or the person engaging them, or in certain cases by the Government itself (section 10). Immigrants of any class are fed and housed by the Government for five days after their arrival (section 12). Immigrants of good conduct may obtain a grant of land from the Government under certain conditions (cf. § 2). An immigrant of whatever category is exempt from public service 1 One sucre = approximate!}' Hid. 348 THE TREATMENT OF IMMIGRANTS and from all ordinary and extraordinary taxes for a period of five years. Immigrants are not subject to military service unless they have become naturalised and the country is engaged in war (section 12). HONDURAS.—By the Act of 8 February 1908 immigrants are divided into three classes : (1) Those without a contract seeking employment in the country; (2) Immigrants engaged under contract by the Government; (3) Immigrants engaged under contract by private individuals, societies or shipping companies. Provided they fulfil the conditions for admission, immigrants of the first class are granted the following guarantees and privileges by the Government : (a) exemption from import duties for their personal effects, furniture, seeds and implements, and tools required for their occupation; (b) exemption from consular dues including the passport visa ; (c) a grant of a parcel of land under certain, fixed conditions (cf. § 2). The Government may grant the same rights, privileges and guarantees to immigrants of the second class and may even extend them in the conditions Of the contract drawn u p between them without any limitation except such as may be laid down by the Constitution and the law. The same holds for the third class, for the enforcement of whose contracts with private undertakings the Government is responsible. Immigrants of the third class once they have finished the period of their contract or have broken it, may, if they wish to remain in the country as settlers, obtain the same advantages and privileges regarding grants of land as immigrants of the first class. They may also if they so desire enter into a contract of employment with another undertaking without forfeiting Government protection on that account (sections 9 to 17). MEXICO.— By a Presidential: decision of 27 January 1921 the Federal Minister for Agriculture and Public Works is authorised to pay to immigrants : (1) The total expenses of their journey from the place of entering the country to t h a t of their final destination; (2) Fifty per cent, of the cost, of transporting their luggage, furniture, tools for agricultural woik and animals for breeding or for draught purposes ; (3) The total amount of the customs duties which they have paid for bringing these articles into the country. In the Migration Act of 1926 these conditions are not mentioned. N E T H E R L A N D S : E a s t Indies.— Alien workers recruited according to the Coolies Ordinances must be maintained at the expense of the head of the local administration in an immigrant shelter until their admission card has been handed to them or until they have been re-embarked to be repatriated to the place in which they were recruited. (Ordinance of 29 November 1917 (I.S. 694) amended text, section la.) PARAGUAY.—According to the Instructions issued to the consuls of Paraguay dated 24 February 1927 confirming most of the advantages promised by section 3 of the Immigration Act of 1903, the following privileges are granted to agriculturists, labourers, industrialists or specialist workers in the possession of documents certifying their moral character and their occupational ability who arrive at the port of the capital (these rights extend to their families). (1) Disembarkation at Government expense for the immigrant and his luggage; ADVANTAGES GRANTED TO IMMIGRANTS AFTER ADMISSION 349 (2) Housing and maintenance during eight days at the Immigration Hostel and in case of sickness attention and maintenance until the date of recovery; (3) Transport for the immigrant and his luggage from Asunción to the place of settlement or the nearest railway or river transport station subject to the one condition of proving by a trustworthy document that they intend to take up residence in a State land settlement centre or work on a private estate; (4) Exemption from customs dues for all objects for their personal use : furniture, domestic utensils, seeds, machinery including industrial and agricultural implements and tools required for their occupation; for breeding animals and for a sporting gun for each male adult, subject to the condition that all these objects are destined for the personal use of the immigrant and are not to be sold. By Decree No. 20173 of 24 February 1925 immigrants wishing to enjoy the advantages laid down in the Immigration and Colonisation Acts must make a statement to this effect before the accredited consul of their place of origin in writing and in duplicate. One copy is sent to the Directorate of Land Settlement and the other is kept in the consular records. PERU.—By the Decree of 29 January 1926 land is granted to immigrants in certain special areas (cf. § 2). The expenses of the ocean voyage may be advanced to them as well as the cost of transport from the point of disembarkation to the place in which they are settling. A daily allowance which was then fixed a t 50 centavos per person and was raised to 1 sol 1 by the Decree of 21 January 1927 is granted during six months as a repayable loan. These subsidies are granted only so Jong as it is ascertained that the immigrant is in the settlement or in employment in some useful industrial work. According to the Decrees of 2 J u l y 1926 and 21 January 1927 an immigrants' hostel has been set up at the port of disembarkation and refuges have been erected at certain stations where the immigrants must change their means of transport, so that they may remain in them when necessary during transit. P O R T U G A L : Colonies.—A training centre for Portuguese immigrants was set up in Mozambique by the Decree of 21 May 1927; land is granted under certain conditions to immigrants who have been trained there. Circular No. 4553 of 16 December 1925 to the Governors of the colonies expresses the wish that an effort should be made in industrial, commercial and agricultural undertakings to reserve any vacant posts preferably for Portuguese immigrants. RUMANIA.—The Immigration Act of 11 April 1925 provides in section 51 that the allowances necessary for the assistance of unemployed immigrants may be drawn from the Immigration Fund. RUSSIA.—Certain special advantages are granted to agricultural immigrants coming to occupy land under definite conditions (cf. § 2). TURKEY.—By the Act No. 885 of 31 May 1926 persons accepted as immigrants "of Turkish race" (cf. Chapter I I I , § 1, (d)), or refugees enjoy the following advantages : (1) Furniture, seeds, draught animals, agricultural implements, tools and raw material brought with them by the immigrants and refugees are entirely exempt from customs duties; 1 One sol = i a Peruvian pound : approximately Is. 6d. 350 THE TREATMENT OF IMMIGRANTS (2) Stock, manufactured articles and commercial goods up to a total value of 5,000 Ltgs. brought with them by these persons are exempted from customs duties and all other taxes. Refugees in necessitous circumstances are granted a house and furniture, the value of which accoiding to the provisions of the law is deducted from the repayable advances (Act.716 of 14 January 1926), that is to say over a period of twenty years. •„ Agriculturists receive a grant of land of sufficient extent under the same conditions; craftsmen receive a shop and some ground; persons who have not sufficient means are given the necessary objects for setting up a home; if they are agriculturists they are given draught animals, agricultural implements and seeds, if they are craftsmen tools and raw materials; if they are itinerant, tradesmen capital and advances according to their trade. Further, the expenses of their journey and of maintenance for two months are given them. Then for a period of six months, until the first harvest of the agriculturists, repayable advances are made. The necessary public buildings, schools, mosques, baths, markets, etc., are set u p in the villages created for these refugees at the expense of the Government, and jf possible communal woods and pastures are put at their disposal. Immigrants or refugees are exempt from military taxes during the two years following their registration in the country. URUGUAY.—The Immigration Office grants to immigrants a reduction of 50 per cent, on the cost of their journey from Montevideo to the interior. They may also be granted a reduction in the rates for transport of luggage. By the Decree of 7 J u l y 1911 the State advances to immigrant workers the cost of their passage and tfc.is sum must be repaid by the person who has applied for these workers and who must indeed deposit a sufficient amount for this purpose with his application. By the Decree of 22 February 1913 this repayment is spread over a period of two and a half years after the arrival of the immigrants and is made by half-yearly payments equivalent to 20 per cent, of the sum advanced by the State. A hostel with 600 beds has been established in Montevideo for the housing of the immigrants. They are maintained there free of charge for five to eight days, or in the case of sickness until they recover. If the immigrants desire it the management of the hostel will endeavour to find employment for them. VENEZUELA.—According to the Immigration Act of 26 J u n e 1918 the Government must maintain in the principal immigration ports agents to receive the immigrants and accompany them to the special depots created and supervised by the State. These agents must provide lodgings for the immigrants and supervise the disembarkation of their luggage at the expense of the Government. I n case of serious illness contracted during the journey the agents must see that the sick persons are received in a special hospital a t the expense of the Government. They must also endeavour to find work for the immigrants and to prepare labour contracts for those who desire it, or to help immigrants; who intend to take up agricultural work in choosing their land from the; unoccupied State lands. This assistance is given free of charge. Food and lodging are provided free of charge to immigrants without contracts for a period of ten days and to immigrants proceeding to agricultural settlements until their arrival there. They are transported to these settlements at the expense of the State (sections 45 to 51). I n the case of immigrants brought by a private employer, the transport from the port of disembarkation to the place where the immigrant is to work is at the expense of the company or of the private individual who signed the immigration contract with the worker (section 27). LAND SETTLEMENT BY IMMIGRANTS 351 Naturalised immigrants are exempt from military service except in case of international war, it being however understood that they will not be obliged to bear arms against their former country; in this case they must remain neutral (section 16). Advantages are also offered to immigrants who wish to settle on the land. These are dealt with in the following paragraph. In order to enjoy these advantages immigrants coming to Venezuela without a contract must make known their desire to enjoy these privileges either to the immigration agent or to the consul or commercial agent representing the Government of Venezuela before embarkation, or to the agent of the Central Immigration Committee at the port of disembarkation. A receipt for this statement is handed to the immigrant. This declaration must be made within six days after disembarkation (section 18). § 2.—Land Settlement by Immigrants Thanks t o the reserves of land not y e t c u t i v a t e d in new countries and to the universal need for the development of agriculture, a large proportion of immigrants find occupation in land settlement. No reference will be made here t o t h e provisions regarding immigrants employed as wage earners in land settlement undertakings ; the conditions of their engagement have been studied in Chapter VI along with those for other workers. This paragraph is devoted to t h e settlement of immigrants on their own account on land which is to be developed in each country. The Acts and Regulations regarding the sale or lease of land may affect the conditions on which landed estates are alienated or m a y regulate the same operations in cases where the land is alienated b y settlement undertakings to private persons. I n fact, uncultivated land is frequently owned b y those companies and in particular b y railway companies or private individuals who have acquired or obtained possession of vast stretches of land often on condition t h a t they populate it. Frequently, the official department entrusted with the control of national land settlement must supervise the drafting and execution of land settlement plans on all land suitable for cultivation. Advantages for transport, subsidies, exemptions from land taxes, etc., may also be granted to immigrants who settle on privately owned estates. Land belonging t o the State is generally transferred for settlement under more advantageous conditions t h a n land belonging t o private persons. Immigrants who are settling may often enjoy t h e same general conditions of sale, lease or free grants 352 THE TREATMENT OF IMMIGRANTS of land on t h e same footing as nationals of t h e country. I n certain countries special advantages are offered t o immigrants in order, b y this means, t o encourage the growth of population in t h e country by introducing a new element. Elsewhere, preference is given t o nationals or naturalised citizens of t h e country. Free grants of land to be cleared were formerly frequent b u t are becoming more rare as a result of t h e almost universal exhaustion of State lands, and therefore t h e legal provisions mentioned here and t a k e n from texts which have remained in force in their essential parts, b u t which a,re not always recent, m u s t be interpreted with prudence, seeing t h a t t h e application of these provisions is subject t o the amount of land available a t the moment. Various States, however, are endeavouring t o re-establish reserves of land in order to encourage settlement in t h e country by new grants of land. There are various legislative and practical means which have been found useful for this purpose. The first of these is t h e revision of title deeds. I n new countries much land in t h e possession of private individuals has come into their hands not by legal means b u t by de jacio occupation. This occupation is accepted b y custom and sometimes even b y law under certain conditions of cultivating and clearing t h e territory occupied. B u t it is frequently subject nowadays t o restrictions, at least if the conditions which made occupation legal have n o t been observed. Lands for which t h e occupants can show no title deeds are sold (preference being given often t o occupants who fulfil the conditions for sale) or returned partially or entirely to the State lands. A fresh survey of private property along with a revision of the title deeds t h u s leads t o t h e State recovery of a certain amount of land fit for settlement, in consequence of the tendency of estates surrounded by unoccupied land t o extend beyond the limits fixed in the cadastre. Property in mortmain also falls to t h e State. I n certain countries, settlers capable of undertaking scientific development of the land are often authorised or even assisted t o settle on land formerly occupied b y native tribes who have been confined to certain limited regions frequently referred t o as "reserves". Efforts are also made t o regain from nature land which requires in m a n y cases a considerable amount of expensive preparatory work before being fit for agriculture; the irrigation of deserts, LAND SETTLEMENT BY IMMIGRANTS 353 the clearing of virgin forests, the draining of marches or of lakes, all help t o provide land suitable for settlement. The State also undertakes the compulsory sub-division of large estates which have not been developed or have been badly managed. Much land belonging to individuals and acquired long ago in large tracts has not yet been subjected t o cultivation. B y recent Acts, certain States reserve to themselves the right t o expropriate all or p a r t of any tracts of land left undeveloped by their owners and to form t h e m into agricultural smallholdings or else compel the owner to divide up the land himself and t o sell or lease the blocks thus formed. This method of intensive land settlement is carried out to a very extensive degree in Australia where it has been called "closer settlement", a t e r m now generally accepted. I n certain countries, the old conditions for grants of land by the State t o settlers make such a reform legal since t h e grants of land were made on condition t h a t t h e persons receiving t h e m would undertake to populate the land by introducing a number of settlers in proportion to the amount of land given them. I n order t o avoid the difficulties which occur in the alienation of large tracts of land, public land in the possession of the State is at present sold or leased in blocks of reasonable extent. Legislation often fixes the area which may be acquired or received b y a family or b y each adult individual capable of working. Sometimes the fact of a block of land having been p u t into cultivation gives the right to acquire another parcel up t o a certain maximum which cannot be exceeded. B u t on t h e other hand, t o avoid the possible difficulty arising from the excessive sub-division of land, from which agriculture is suffering in numerous densely populated countries, new countries which are a t present engaged in organising their agricultural system forbid the division of land beyond certain limits whether by sale or by sharing amongst joint heirs. I n order t o ensure t h a t the best possible use is made of the land, State land is granted, whether by sale or by gift, under various conditions : preliminary conditions of admission regarding the occupational ability of the applicant, his moral character, his state of health, the reserves at his disposal, the size of his family, etc.; conditions of development of land granted or of improvements which must be carried out within a given 23 354 THE TREATMENT OF IMMIGRANTS time in default of which the land is taken back (e.g. a certain proportion of the land must be put under cultivation, a fixed quantity of bearing trees must be planted, a dwelling house must be built, the land must be enclosed, etc.). Further, facilities are often given for the payment by instalments for the land granted to immigrants, and advances are frequently made to allow those who have received land to procure the necessary means for developing it and to carry out the preliminary work. These advances are given directly by the State or the latter may encourage the formation of agricultural banks which will grant the necessary loans to new settlers in exchange for mortgages on their land. The conditions for these loans are generally the same as those granted to settlers belonging to the country. In the following analysis reference will be made only to those provisions of the Land Settlement Acts which refer explicitly to immigrants. A R G E N T I N A . — The Act of 19 October 1876 contains (sections 84 to 88) various provisions regaiding land settlement by immigrants, but most of these are no longer applied since the land settlement policy of Argentina has developed in recent years and State lands have almost disappeared except in certain outlying districts. At first, land was given free of charge in order to attract immigrants, but later on the system of leasing or selling land was adopted. At the present day, sale is the system preferred for agricultural land because it ensures steady cultivation, while pasture land in the south is generally leased; the free granting of land has therefore become rare. By Act No. 4167 of 8 January 1903 (which at present regulates agricultural settlement) and the various regulations for its application remodelled in the regulations for the Geneial Office of Lands approved by the Decree of 19 January 1927, State lands are sold in blocks which may be paid for in cash or in six annual instalments without interest, the first instalment being paid one year after the grant of land has been obtained. When the agreement is signed the fees for survey and inspection must be paid. Each individual or society may obtain as a maximum : in the agricultural settlements in the districts of Chaco, Formosa and Misiones, 100 hectares J and in the southern districts 50 hectares of irrigated land or 200 hectares of unwatered land; in mixed settlements a they may obtain up to 625 hectares and in pasture settlements 2,500 hectares. Not more than one block shall be granted to each household. Those in receipt of grants of land must fulfil the following obligations : within the space of the first two years, they must build a dwelling house which satisfies the necessary conditions of hygiene and of comfort, take u p their actual and permanent residence on their land, surround it with a wire fence, plant and keep in good condition a given number of fruit trees and trees for shade, and cultivate at least 50 per cent, of the area granted to them. 1 2 One hectare = approximately 21 acres. That is to say, where cultivation and cattle rearing can be practised together. LAND SETTLEMENT BY IMMIGRANTS 355 A provisional deed of sale stating the obligations involved is issued when the concession is made ; a final title deed is given when all the obligations are carried out. Provisional grants of land cannot be transferred. Applications for grants of land must be addressed to the General Office of Lands or to the head of the Regional Land Office. All immigrants residing a t the Immigrant Hostel a t the expense of Argentina and obtaining a grant of State land in the territory mentioned are transported at the expense of the Government by river or by rail to the station nearest to the settlement. The same privileges are granted t o members of their family and for the transport of their personal effects and tools required for their work. The processes for the sale of land are fixed according to district by tables drawn up by the General Office of Lands and approved by a Decree of the President. In general, grants of land are made to alien immigrants under the same conditions as to nationals of the country. According to Decree of 27 October 1924, however, regarding the leasing of pasture land, blocks of land thus leased are given preferably to applicants born in the district or t o Argentine nationals. The Presidential Decree of 15 January 1924 for facilitating the settling of agricultural immigrants in the country gave power to the General Office of Lands to grant to groups of immigrants of twenty-five families land fit for settlement to the extent of 2,500 hectares, that is to say, 100 hectares per family on the average. Occupation is no title to ownership. The provisions of the Act No. 4167 of 8 January 1903 apply to the acquisition of these lands. AUSTRALIA.—-In accordance with the terms of the British Empire Settlement Act, 1922 (cf. Vol. I, Chapter VI, § 5, p. 189), agreements have been signed with the Commonwealth and State Governments t o promote the settlement of British immigrants in Australia. An Agreement was signed between the British Government and the Commonwealth of Australia on 8 April 1926 which provided that the Federal Government should endeavour to make arrangements with the State Governments : (1) For suitable areas of land to be made available for development and settlement; and/or (2) For such public works to be carried out as will tend to promote the development of Australia, and directly or indirectly to increase opportunities for settlement (section 1). The Commonwealth Government undertook to raise all necessary loans required by the State Governments in connection with agreed undertakings, and to issue the proceeds to the State Governments as required at a rate of interest not exceeding 2 per cent, per annum for the succeeding five years (section 4). Great Britain agreed to contribute £130,000 for every principal sum of £750,000, but it was specified that for every £75 issued to a State Government in accordance with the agreement one assisted British migrant should within ten years after the date of the Agreement sail direct from the United Kingdom and be settled in Australia (section 5). Such assisted migrants are guaranteed equal treatment with Australians in the acquisition of farms, and in all reasonable advances for the purchase of such farms together with stock, equipment, seed, fertilisers, housing materials, fencing, etc. They are to be given advice and supervision in the management and development of their farms by experienced superintendents (section 9). This programme has already been put into operation in several States. N e w S o u t h Wales.— By the Agreement dated 15 November 1926, the Federal Government agreed to raise and provide for the Government 356 THE TREATMENT OF IMMIGRANTS of New South Wales a sum of money up to £6,000,000 to be used for carrying out plans of land development and settlement (section 2). The British Government was to lend £300 to each immigrant for whom a farm was found in New South Wales, and was to provide half the cost of training men and boys for agricultural work (section 5). The State Government, for its part, agreed to provide a farm for every £1,000 of the loan, and to settle on these farms immigrants from Great Britain conveyed under the Agreement (section 7 (a)). The State guaranteed that every immigrant under the scheme should be offered agricultural employment or given a block of land (section 9). Provision is made for instruction and supervision of all new settlers by a competent supervisor (section 11). Victoria.—Under an Agreement between the British Government, the Commonwealth and the State of Victoria the State Government proposes to settle 2,000 persons on farms of their own in Victoria. Provision is made for the instruction and. supervision of all new settlers either on a training farm or on blocks allotted to them. Advances are made for equipment and stock, but the total advance that can be made to each settler must not. exceed £625. The total debt of a settler for land and advances must in no case exceed £1,500. Land may be sold to a settler on terms of thirty-six and a half years, the purchase money being repayable halfyearly, at an interest of 6 per cent. Advances for equipment are repayable over varying periods up to twenty years. Married men may be paid wages for two years when first taking up a block, while they work on improving their farms 1 . Western Australia.—Group settlement in Western Australia is under the control of the General Ma.nager of the Agricultural Bank, who has under him a Controller of Group Settlement. Admission to the scheme is confined to married men, and preference is given to men with large families. Applicants are settled on adjacent blocks of land, and until the land is cleared the group members work under the direction of a foreman. As the work progresses, permanent homesteads are erected on the blocks, and the inembers of the group begin cultivation as individual owners 2. By the Group Settlement Act of Western Australia, No. 44 of 1925, the Governor is empowered to grant either a parcel of land under Part VIII of the Land Act, 1898, relating to free homesteads, or a conditional purchase lease under the Land Act, 1898 (section 2). The amount of expenditure chargeable to the group settlers is to be assessed and determined by the Managing Trustee of the Agricultural Bank (section 3 (2)). A group settler may obtain a loan from the Agricultural Bank of the amount of the expenditure chargeable to him, and may repay the sum in instalments over a period not exceeding thirty years (section 3 (3)). Settlement under local législation.—According to the Handbook on the Commonwealth of Australia, issued by the Oversea Settlement Department, London, in 1927, considerable areas are available for settlement in Australia, while other districts are in the course of being opened up by the State Governments. In general, land is obtainable by private purchase or under the ^tate land laws at easy rates. Free grants of 160 acres may be obtained in Western Australia. I n each of the States there is a Lands Department under the direction of a responsible Cabinet Minister, who is generally charged with the administration of the Acts relating to the alienation, occupation and management of Crown lands. The States are also divided into a number of "land districts". In each of these there is a Lands Office which deals with applications for land and other matters relating to the administration of those 1 GRKAT B R I T A I N : Report of the British Cmd. 2132, M i y 192i, p . 11. 2 Ibid., pp. 60-61. Oversea Setttement Delegation to Australia. LAND SETTLEMENT BY IMMIGRANTS 357 Acts. I n some of the States there is also a local Land Board, or a Commissioner for each district or group of districts. There are various systems in force in different parts of the Commonwealth : (1) Unconditional purchase of freehold, which is possible in all the States with the exception of Queensland; (2) Acquisition of freehold by way of conditional purchase in which the land is granted after the fulfilment of certain conditions as to residence or improvements; this system is in force in all the States except Queensland, but not in the Northern Territory or in the Federal Capital Territory; (3) Leases and licences under Land Acts, that is to say, occupation of Crown lands for a term of years under leases and licences issued by the Lands Department ; the freehold in such cases cannot be obtained, but in some instances, such tenures may be converted into conditional purchase tenures; leases and licences are issued in all the States and territories, and in some cases leases are granted in perpetuity; (4) Closer settlement ; in all the States Acts have been passed authorising the Government to repurchase alienated lands for the purpose of dividing them into blocks of suitable size, and throwing them open to settlement on easy terms and conditions ; and, (5) Leases and licences under Mining Acts which are granted for mining purposes of all kinds, as well as small areas for residence, business purposes or miners' homesteads. Advances to Settlers.—In all the States of the Commonwealth provision is made for advancing money to settlers for the purpose of acquiring land, removing encumbrances from their holdings, purchasing stock, erecting buildings, making improvements, etc. In New South Wales, Victoria and South Australia, loans are effected through the Government Savings Bank. In Queensland, Western Australia and Tasmania, there are special Agricultural Banks which advance money to farmers and primary producers. In the Northern Territory, by the Encouragement to Producers Ordinances, 1924-1926, a special Board was set up for this purpose. In some States (Victoria and Tasmania), loans may be also obtained from Boards constituted under the Closer Settlement Acts. The terms of payment vary considerably in the different States. In some States (Queensland, Western Australia and Tasmania) the borrower is given a n initial period of respite before beginning the repayment of the loan. Repayment is spread over a varying term of years, twenty in Victoria, twenty-five in Western Australia, and not more than forty-two in South Australia. Advances are generally secured on the land, stock and improvements 1 . Special arrangements are made in South Australia under the Immigration Act, 1923, to suitable boy immigrants for the purpose of purchasing implements, stock, seeds, plants, trees for the cultivation of the land. The applicant must have completed his term of apprenticeship to the satisfaction of the Director of Immigration (section 21). Every advance bears interest at such rate as the Minister determines, and the Minister may, on the recommendation of the Immigrants' Assistance Board, dispense either wholly or in part with payment of interest (section 23 (2)). BOLIVIA.—By the Immigration Act of 20 January 1927, immigrants have the right to occupy in the free territory belonging to the State an area of 50 hectares per person for the purpose of agricultural work, cattle rearing or any useful industry. 1 Official Tear Boole of the Commonwealth of Australia, N o . 20, 1927, p p . 194-201; a n d G R E A T B R I T A I N , COLONIAL AND D O M I N I O N S O F F I C E , O V E R S E A S E T T L E M E N T COMMITTEE : Handbook on the Commonwealth of Australia, 1927, p . 19. 358 THE TREATMENT OF IMMIGRANTS Children over fourteen years of age are entitled to 25 hectares. Immigrants may pay for their land under the following advantageous conditions : either in cash or in instalments spread over five years with interest a t the rate of 5 per cent. Payment by annual instalments commences in the third year with a rebate of 5 per cent, on any instalments paid before t h a t time. Purchase of land by instalments does not permit of a mortgage either on the land or on any improvements which may be carried out on it. The land is divided into blocks by the Ministry of Colonisation and immigrants may choose the block which they desire. Children over eighteen years of age are entitled to buy kind and settle separately from their families. The immigrant who has finally obtained possession of his land may acquire two other blocks either by paying in cash or by annual instalments after three years of residence and cultivation on his original block. No immigrant may buy more than three blocks. In case of dividing up the land amongst heirs, no blocks of less than 16 hectares must be created. Provisional title deçds are given when the immigrant takes up the land and final title deeds when the last payment has been made; in neither case is any fee charged. An immigrant who does not talee up his domicile on his own land within the space of two years and has not begun to cultivate it loses his title to the property and the block returns to the State lands. The price at which it is sold covers the expenses of the State and the remainder returns to the first proprietor or, failing him, is paid into the public treasury. I n immigration centres of one hundred families or over the State establishes schools (sections 2-13 and 31). Recently the Bolivian Government has regained a certain amount of free land by examining the conditions of development of territory which had formerly been granted to immigrants. The Free Land Act of 26 October 1905 had indeed granted stretches of land for settlement purposes to private persons and to companies on condition that at least one family per 1,000 hectares was settled. Owners who did not satisfy these conditions have had their land taken from them and it thus returns t o the State and can be distributed in blocks of 30 hectares at most to families wishing to settle in t h a t district (Decree of 19 January 1923). BRAZIL.—According to the basic regulations for land settlement approved by the Decree No. 6455 of 19 April 1907 and the Decree No. 9081 of 3 November 1911, settlement centres (núcleos coloniaes) are established either by the Brazilian Union or by the individual States or by private companies, and immigrants may obtain the same advantages for settling in each of the three cases since the Union supervises the conditions of settlement on all blocks of land. The Federal centres are to-day almost completely filled. The land thus divided up for settlement must be provided in advance with easy means of access ; navigable rivers or cart roads to make development of the land and export of the products possible. I n some cases houses are provided, but when this is not done provisional dwellings must be built in which the immigrants can live free of charge while they are building their own houses. For immigrants grouped in a family it is possible to purchase a rural block either for cash or by instalments. A purchaser paying in cash obtains a reduction on the fixed price. The expenses of the journey of voluntary immigrants may be deducted from this price. Immigrants who pay cash receive their title deeds immediately. Those who pay by instalments receive on settling on the land a provisional title deed which is exchanged for the: final title deed after payment of the last instalment. The payments are made annually starting from the third year of settlement ; any delay in. payment results in interest at the rate of 3 per cent, being charged on the instalments still due. Immigrants who are forced to leave before they have definitely gained LAND SETTLEMENT BY IMMIGRANTS 359 possession of the land may be permitted to transfer their provisional title deeds for their own profit and with them the same rights as they themselves enjoyed. The heirs of a settler who has died have the same rights ; should an immigrant die and leave a widow and orphan children, any debts which he may have contracted towards the administrative body of the settlement centre for advances (cf. below) will be cancelled. Individuals coming alone to the country must pay cash for any land they buy. As soon as the final payment for the land has been made those who have settled as a family may acquire fresh blocks of land either by instalments or by paying cash. Immigrants who are agriculturists by occupation and who within two years after arriving in Brazil marry a Brazilian woman are entitled to receive a block of land provisionally; if, at the end of one year, the married couple is living harmoniously and if the land has been put under cultivation by the holder the latter receives the final title deeds without any charge. On arrival at the settlement centre (nucleo) settlers are maintained free of charge for the first few days. I n order to allow them to wait for the first harvest the head of the family may for a period of six to eight months earn money by jobbing work in the construction of roads, houses, etc., for fifteen days per month. On the other days he is free to cultivate his land, while his family must spend their whole time on this task. Should no remunerative work be available, the authorities may grant to large families the necessary supply of food on credit. Implements and the first seeds are provided free of charge. Provisions are sold in the 'settlement centres on advantageous conditions and it is left to the settlers to choose whether they obtain their provisions there or elsewhere. Free medical attendance is granted during the first year of settlement, and primary education is organised in the settlement centres. Transport companies are obliged to grant a reduction of 50 per cent. on the current rates for the transport of agricultural products from the settlement centres for a period of five years dating from the settlement of the first family on one of these blocks of land. By the Decree of 1911, 30 per cent, of the blocks situated in settlement centres (núcleos coloniaes) may be reserved for nationals of the country. (Regulations of 19 April 1907, sections 57 and 71 to 83 ; Decree of 3 November 1911, Chapters VI to XIII.) Informatory pamphlets distributed by the Ministry of Agriculture give a brief outline of the conditions for the settlement of agricultural immigrants and allude to the advantages granted. The pamphlet dated August 1925 states t h a t immigrants who are not agriculturists by occupation are not permitted to take possession of a block of land unless they possess the necessary sum for paying for it and for its equipment on their own account. Blocks of land must be chosen on the spot as the Government cannot guarantee in advance that any block chosen at a distance will still be free when the immigrant arrives 1 . The various States also offer certain facilities for the settlement of agricultural immigrants. The following are a few examples : Bahia.—The Immigration Act No. 1729 of 23 August 1924 states that the Government may in case of necessity and for purposes of settlement expropriate lands and pay compensation to the proprietors. As far as possible, the settlement should be composed of persons of various 1 Cf. R E P Ú B L I C A DOS E S T A D O S U N I D O S D O B R A S I L . MINISTERIO DA AGRICULTURA, I N D U S T R I A E COMMERCIA. D I R E C T O R Í A G E R A L DO S E R V I C O D E P O V O A M E N T O . Becepçao e horpedagem PP. 9-11. de immigrantes no porto de aio de Janeiro. Auyust 1925, Rio de Janeiro, 360 THE TREATMENT OF IMMIGRANTS nationalities including Brazilians, and the State Government will see that settlers obtain all the advantages granted by the Federal Government or the local Governments. Immigrants are exempted from the payment of taxes, A shelter must be prepared where they can be lodged temporarily until they are able to develop the land granted to them. Rio Grande do Sul.—Decree No. 2098 of 13 June 1914, suppressing the system of assisted immigration, grants the following advantages to voluntary immigrants coming to the State in order to take up agriculture : 1. À concession at a reduced price of 25 hectares of land for which a minimum payment of a third of the value must be made, the remainder being paid within a period ol five years. More than one block may be granted at once provided at least one block is paid for in cash. 2. Information for the assistance of the immigrant in settling, more particularly instruction in agricultural schools. More recent regulations, however (Decree No. 3004 ot 10 August 1922), state that rural blocks will be granted preferably to descendants of settlers in the State. According to this Decree, a block of 25 hectares may be granted to each family of agriculturists or to any agriculturist between the ages of sixteen and twenty-one years subject to the condition that he may not alienate it before attaining his majority. Payment may be made in three equal instalments when the grant of land is made, a t the end of the second and at the end of the third years. A grant of several blocks of land must be paid on sight for all blocks in excess of the first one. A reduction of 5 per cent, is granted to those who pay cash or within thirty days. Instalments which are not paid when due are subject to interest at 10 per cent. The immigrant receiving a grant of land must have put under cultivation at least 12 hectares by the end of the first year on pain of losing his title to the ground in exchange for the money which he has already paid. less a deduction of 20 per cent. The State reserves proprietory rights over all minerals or other products found under the ground. Rio de Janeiro.—Decree No. 2190 of 24 August 1926 lays down the. following conditions for immigrant land settlement. Immigrants may settle on blocks of land belonging to the State or on private estates (fazendas), the owners of which enter into a contract with them on the métayer system lor the cultivation of products giving a continuous yield while in the case of cereals the whole crop belongs to the settler. The distribution of such land is made on request by applicants to the Ministry of Agriculture and Public Works through the Directorate of Agriculture. The applicant must undertake in his application to comply with all the provisions of the said regulations. The area of the State blocks is from 15 to 25 hectares according to the number of able-bodied persons in the family that is to say, persons of good constitution and over fifteen years of age. Agriculturists not in possession of land who undertake to cultivate the blocks granted to them by modern mechanical processes, installing agricultural or industrial machinery and. who thus contribute to the training of agriculturists in the district may obtain grants of land from the State of from 25 to 100 hectares. The land is granted free of charge under the following conditions : (a) that work is commenced within three months at most from the date on which the application was sent in ; (b) that at the end of two years from the time the land was granted a tenth of the area granted has been put under cultivation and at the end of ten years half of that area ; (c) that the immigrant LAND SETTLEMENT BY IMMIGRANTS 361 register in the list of agriculturists, cattle rearers and industrialists kept by the Ministry of Agriculture ; (d) that he shall build on his land within the space of one year a dwelling house conforming to the plans adopted by the Ministry of Agriculture ; (e) that he shall preserve and maintain the boundaries and erect fences around them; (J) that he shall not cut down any trees except for the immediate commencement of some other form of cultivation. Applicants who do not satisfy these conditions lose their right to the block of land granted them, and the land becomes State property along with all existing improvements without any compensation being given to the immigrant. In granting these blocks of land the following order of preference is observed : (a) immigrants transported at the expense and under the supervision of the State; (b) Brazilians of various categories ; (c) other aliens. Provisional title deeds are given when the land is granted, and the final title deeds after ten years if it is proved that the settler has satisfied all the conditions. In centres of more than thirty families the State sets up a primary school and provides a motor lorry for the use of the community under the supervision of the Agricultural Service, the settlers being responsible for the maintenance of the lorry. Agricultural or cattle rearing development undertakings may be granted State lands under contract on condition that they guarantee to introduce Brazilian or alien settlers by means of special contracts stipulating the rights and actual obligations of the parties. By the same Decree, the Government undertakes to take the necessary steps for the construction and improvement of such methods of communication as may be considered necessary for the development of settlement centres. Minas Geraes.—The system of official land settlement is fixed by the Regulations for the Immigration and Settlement Services approved by Decree No. 6990 of 24 September 1925. The Regulations state that when the Government considers it desirable new settlements may be created on land fulfilling certain conditions, in particular on land not more than 12 kilometres from some means of communication. The land chosen will be divided into urban and rural blocks, the maximum area of which will be 3,000 square metres in the first case and 25 hectares in the second (section 67). The rural blocks shall be granted only to heads of families who are agriculturists by occupation, of good character and fit for work or to the sons over eighteen years of age of persons previously established in the settlement. The order of preference in granting rural blocks is as follows : (a) alien immigrants who are agriculturists by profession and heads of large families, and, amongst those, particular preference to such families as have a large number of persons fit for agricultural work; (b) alien immigrants who have paid their own passage to the State of Minas Geraes or to some other point in Brazil and who offer to pay the whole or part of the value of the block of land in cash ; (c) alien immigrants who have come at their own expense, but cannot pay any advance; (d) Brazilian heads of families and, in particular, those families containing a large number of persons fit for agricultural work; (e) sons over eighteen years of age of those already settled even if they are unmarried provided they are energetic farm workers of good character ; (f) young people possessing a diploma of the occupational institutes of the State (sections 77, 78 and 84). For urban blocks, the order is as follows : (a) newly arrived alien immigrants who are artisans by profession and wish to take up residence in the settlement; (b) national or alien settlers who, having succeeded in the cultivation of their block of land, wish to build a house within the urban area; (c) nationals or aliens with occupational qualifications and 362 THE TREATMENT OF IMMIGRANTS possessing the resources necessary to set up as manufacturers or traders (section 83). The prices for the rural and urban blocks are fixed by the Secretary of Agriculture before any settlement is established; the quality and situation of the ground as well as existing improvements must be taken into account. Urban blocks are always sold for cash; rural lots may, however, be paid for by annual instalments. In the latter case, the settler must hand over 20 per cent, of his harvest either in cash or in kind. When the value of this part of his harvest does not amount to 10 per cent, of the price of his block of land the settler must make up the sum to that amount; if, on the other hand, it exceeds 10 per cent., the surplus is credited to him on account for the total price of the land. The settler who completes his payment within ten years receives a discount of 5 per cent, on all sums paid before they are due (sections 100 to 104). The Secretary for Agriculture may order the final title deeds to be sent to the settler with the remission, of the rest of his debt, on condition that a third of the price has been pa.id, should the settler be incapacitated by an accident or by sickness or if he leaves a widow and minor children in indigent circumstances (section 105). By the same Regulations numerous advantages may be granted to the alien settler coming directly to the settlement and also, a t the discretion of the Secretary for Agriculture, to national or alien settlers who have lived for a long time in the State. These consist in cash advances during the first six months of their settlement payable in daily allowances varying for each family according to the proportion between the number of ablebodied persons and those not, fit for work or less able ; advances of 50 muréis * for the purchase of poultry, agricultural implements and working tools; advances of seeds (the first supply being free of charge); medical assistance and medicine during the first six months ; remunerative work in public works on the settlement; preparation of a t least 2 hectares of ground for the first planting; the use of vehicles, animals and agricultural implements and the mechanical equipment of the settlement at a very low rate (section 107). The settler who is still in the debt of the State is, for his part, obliged to cultivate a certain area of his land fixed by the Regulations on pain of losing his provisional title deed (section 109). I n order to encourage land settlement by private societies or individuals who promise to settle the land according to official plans, the Government may undertake free of charge the survey of land forming private settlements and contribute to the cost of building houses for the settlers. The Regulations also provide that the Government may grant agricultural blocks of land free of charge to agricultural immigrants, heads of families who have recently arrived in the country and who are in possession of property or papers equivalent to the price of the land including the cost of the work of preparation, provided these immigrants renounce all claim to pecuniary aid from the Government and undertake to reside on their land and cultivate it uninterruptedly for a period of seven years and to observe the regulations. Sao Paulo.—The Decree of 19' J u l y 1913, consolidating the Acts, Decrees and Resolutions, referring to Immigration, Land Settlement and the Agricultural Aid Society (Patronato Agricola), devotes several chapters (II, I I I , IV and V) to the regulation of official land settlement on land suitable for cultivation and on private estates bought by agreement or expropriated. The boundaries of such land are fixed and the land is divided up by the technical staff of the Directorate of Lands and Settlement, and the blocks are exposed for sale at prices varying according to the situation and quality 1 One mUrei3 = approximately 6d. LAND SETTLEMENT BY IMMIGRANTS 363 of the land. The maximum area which may be bought by a single person is 2,500 square metres for urban blocks and for rural blocks 25 hectares when the land is near a railway or a navigable river and 50 hectares if it is far away from- any means of communication. Urban blocks which are likely to become centres of population are granted to nationals or aliens who wish to settle as artisans, manufacturers or traders, and to national or alien settlers who are already developing their rural land according to the regulations and wish to settle in the village either for purposes of business or to take up residence. As regards rural blocks, they are granted only to heads of families. I n the case of immigrants preference is given to those who come at their own expense or who, having come with the assistance of the State, prove to have the necessary means for acquiring and developing their land. The conditions for the purchase of land vary according to whether the immigrants have newly arrived or whether the applicants are already resident in the country. The former pay a tenth of the value of the block of land and the rest in nine annual instalments. The latter pay a fifth and four annual instalments. Those paying cash for a grant of land receive a deduction of 10 per cent. The Decree also grants the repayment of the passage money from the port of embarkation to Santos to all settlers who have recently arrived in the country in the form of an equal reduction on the first instalment paid. I n the case of families of immigrants not in possession of sufficient resources to pay the first instalment immediately but consisting of at least three able-bodied persons the Government may a t its discretion grant a period of one year in which the payment may be made. During the first years settlers who have immigrated directly from abroad may find employment at the rate of three days per week in agricultural or other work carried out a t the expense of the Government ; the director of the settlement may also procure work for them if they desire it on neighbouring coffee plantations. The State also grants them, free of charge, maintenance during the first ten days, medical assistance during a year and medicine for fifteen days of sickness. I n order to encourage private initiative, the Decree establishes premiums for private persons who wish to undertake land settlement under the same conditions as the State and extends the benefit of the repayment of the passage money from the port of embarkation to Santos to all settlers brought by private undertakings K Similarly, the State undertakes the work of surveying the land when a municipality desires to fix settlers on its property and grants to railway companies who wish to introduce settlers along their lines the right to expropriate the private land and to make grants free of charge of State land within 20 kilometres on each side of the railway. I n return, the railway is obliged to divide up the land within a fixed period. The blocks of land belong half to the Government and half to the undertaking in alternate blocks, while the State repays half the expenses of the survey. The Government may establish settlements in co-operation with private land owners while undertaking the survey and purchasing half of the blocks. The Act of 1884 permitted fallow land belonging to the State to be granted free of charge to nationals or to aliens who cultivate it, with the exception of such classes of land as are expressly reserved. Such gifts of land cannot exceed fixed limits and may be granted only to persons domiciled in the State. There are at present in Sao Paulo Federal and State settlement centres (núcleos), private settlements founded with the assistance of the State and settlements undertaken by private initiative. 1 Cf. note on p. 238 regarding the suspension at present oí the subsidies towards paying the passage rates of the immigrant. 364 THE TREATMENT OF IMMIGRANTS CANADA. —In 1923, the Soldier Settlement Board, the activities of which had previously been confined to returned soldiers, was transferred from the Department of the Interior to the Department of Immigration and Colonisation, where it has since functioned as the Land Settlement Branch. This branch has field representatives in various districts throughout Canada, and its function is to ensure new settlers being directed to land where they can have the best opportunities for success, to safeguard them from exploitation in the purchase price of land which they may buy, and to facilitate the placing of new immigrants in farm employment. The land settlement activities of the Department are not confined to British settlers, but are extended to settlers of all nationalities, as may be found practicable 1 . A scheme of land settlement for British settlers was inaugurated in August 1924 by an Agreement between Great Britain and Canada, by which the Government of the Dominion undertook to find suitable farms for 3,000 British families. The families were recruited and selected by representatives of the Dominion Government. The farms must contain a sufficient amount of land fit for immediate cultivation, and a house must be provided on each of them. All lands thus sold must be at reasonable prices. As the majority of settlers were unlikely to have the capital in hand to buy the farms outright, the two Governments concerned were authorised by the Agreement to make loans for the purpose. The total indebtedness which may be assumed by any family must not exceed $7,500, of which amount $6,000 may be spent on the purchase of land, house and farm buildings, and is repayable to the Dominion Government, while the debt for livestock and equipment, which must not exceed $1,500, is repayable to the British Government. The debts are repayable with interest not exceeding 5 per cent, in twentyfive equal annual payments. This first repayment does not fall due until the family has been living in Canada for a year. The scheme is not confined to families with agricultural experience, but for the first year the husband is expected to work for wages on a neighbouring farm in order to gain experience of local conditions before beginning to farm his own land. I t is supervised by the Land Settlement Branch of the Department of Immigration and Colonisation 2 . A free grant of 100 to 200 acres of forest land is made, on condition of residence and cultivation to any settler over eighteen years of age by the provincial Governments of New Brunswick and Ontario and of 160 acres of prairie land in Manitoba, Saskatchewan, Alberta, Yukon and some parts of British Columbia by the Dominion Government 3 . New Brunswick.— By an Agreement signed by the British Government, the Canadian Government and the provincial Government of New Brunswick, which was to come into force on' 1 March 1928, and to remain in operation for six years, arrangements have been made for co-operation in the settlement of 500 British families as independent farmers in New Brunswick. The scheme follows the lines of the 3,000 families scheme referred to above, except that the Government of the province in which the settlement will take place is for the first time co-operating directly 1 Canada arid Immigration, issued by the Minister of I m m i g r a t i o n and Colonisation, O t t a w a , 1927. 2 G B E A T B R I T A I N : Report by the Right Honourable the Earl of Clarendon, Chairman, and Mr. T. Ö. Macnaghten, CM. O., C.B.E., Vice-Chairman of the Oversea Settlement Committee, on their visit to Canada in connection with British Settlement. London, 1926, Cmd. 2760. C O L O N I A I AND D O M I N I O N S O F F I C E , O V E R S E A S E T T L E M E N T C O M M I T T E E : Handbook on the Dominion of Canada. London, 1927, p . 13: Report of the Oversea Settlement Committee for the year 1925, p p . 26-27 3 Handbook on the Dominion of Canada, issued by t h e Oversea Settlement D e p a r t m e n t . London, 1927, p , 13. LAND SETTLEMENT BY IMMIGRANTS 365 with the Dominion and the British Governments in the provision of settlement facilities 1 . CHILE.—The Act of 18 November 1845, concerning the establishment of settlements of nationals or of aliens, allowed grants of land of 8 hectares to be given to each head of a family and 4 hectares for each child over fourteen years of age in the territory between the Rivers Bio-Bio and Copiapo; 25 hectares to every head of a family' and 12 hectares for each child over ten years of age to the south of the River Bio-Bio and to the north of the River Copiapo. These areas were increased in the territories south of the Bio-Bio to 40 hectares for each head of a family and 10 hectares for each child over twelve years by the Supreme Decree of 1 September 1899, on condition that the settler should take up residence with his family and work the land himself for a period of flveiyears (reduced to three years by the Decree of 12 October ]908) without leaving his land unless permitted by the Directorate of Land Settlement and Immigration. Such absence could not exceed four months per year. The settler was also obliged to enclose his land within a period of three years, to spend at least 1,500 Chilian dollars in building a dwelling house and making improvements and was not permitted to alienate or promise to alienate his rights to the property. Free passage from the port of embarkation to the settlement was granted to a settler and his family taking up Government land under these conditions. The Decree of 13 July 1903 stated that henceforth, in order to profit by the advantages granted them by the law, aliens arriving in Chile must claim such advantages during the first year of residence. Recently, as a result of a new survey of the territory and a revision of the title deeds of land in the settlement area, the Chilian Government has recovered a certain amount of public land which will be at its disposal in future to be sold or leased according to the Acts and Regulations regarding land settlement, or may be granted directly to national or alien settlers. (Legislative Decree No. 601 of 14 October 1925, section 8.) COLOMBIA.—Section 17 of Act No. 114 of 13 December 1922 gives power to the Government to establish agricultural settlements directly or through settlement undertakings which offer sufficient guarantees of activity and solvency. I n each department 100,000 hectares of land may be set aside for this settlement; technical experts will study the areas for settlement and draw up plans. An area of 25 hectares of this land may be granted to each settler as his own property according to the special regulations which may be drawn up by the Government. Such grants of land must reserve the right to all minerals and other products found under the soil and must keep sufficient space for the development of future towns. Act No. 100 of 3 December 1923 again empowered the Government to organise settlement centres and to construct the necessary means of communication to serve them (roads, railways, etc.). Unalienated land may be distributed in blocks extending to 100 hectares. A report on the contracts for their development made by the Government must be laid before the Colombian Parliament. CUBA.—The Regulations of 20 August 1910 aim at encouraging the official and private settlement of agricultural immigrants. They fix the organisation of the Immigration, Settlement and Labour Office, regulate the division of State land and define the duties of the agents of the Cuban Government who are recruiting workers in Europe. They Salso establish 1 The Oversea Settler, London, Sept. 1927. Free grants of land may be given in most of the French~pòssessions to^ Frenchmen who apply for it.' They may choose the land themselves or through a representative. 366 THE TREATMENT OF IMMIGRANTS the form of contract to be signed by the settler on his arrival and provide 368 THE TREATMENT OF IMMIGRANTS At first the ownership of such a free grant is merely provisional ; the settler is not given his final title deeds until he has carried out on the land certain development work which is spread over a period of five years. A certain amount of capital is necessary to meet the initial expenses. The French administrations specify in their pamphlets that no assistance as regards passage money or credit of any sort is now granted to future settlers K G R E A T B R I T A I N : Colonies.—Southern Rhodesia. According to the Handbook for the use of Prospective Settlers on the Land, issued by the Southern Rhodesia Settlers Board in April 1923, there are two sources from which land may be acquired, namely, the Crown and private individuals or companies. I t states that the unalienated lands of Southern Rhodesia, approximately 45,000,000 acres in extent, are administered on behalf of the Crown by the British South Africa Company. Pending the extension of the railway system, it was said to be impossible to offer first-class agricultural land within reasonably accessible distance of the railways. A great deal of the land in all parts of the country is held by private individuals and firms. With few exceptions, the land in Southern Rhodesia is held subject to a clause reserving to the British South Africa Company the right to all the minerals or mineral oils upon or in the ground. Subject to certain limitations any holder of a prospecting licence may prospect the minerals on any land. According to the Report of the British Oversea Settlement Committee for iy25, a scheme is in force for assisting suitable persons with not less than £500 capital to settle on the land in Southern Rhodesia. The contributions of the British and Southern Rhodesian Governments take the form of a free grant of one half the cost of the journey from the United Kingdom to Southern Rhodesia and a loan of not more than £600 to each settler for permanent improvements to his farm. The maximum outlay by either Government in any one year is £30,000. G U A T E M A L A . — I n terms oí' the Act of 30 April 1909, the Government m a y give free of charge to every hard-working immigrant of good character a grant of land not exceeding 45 hectares on condition that he undertakes t o cultivate at least a third of it during the first four years. He is then given the final title deeds to the land. If, on the other hand, the land has not been cultivated at the end of this period the Government may reduce the amount granted or may demand payment for it. Such land is assigned with regard to the number of persons forming each family of settlers, the fertility, health, distance from a centre of population and other circumstances. The Government determines the arable areas which will be reserved for immigrants (sections 15 to 18). HONDURAS.—By section 9 of the Immigration Act of 8 February 1906, the Government grants to each immigrant of the first and second categories (cf. § 1 above), whether he be head of a family or not, a block of State land of 3 hectares or more according to the conditions of fertility, health and distance from a centre of population, provided that the immigrants undertake to cultivate a t least a third of the ground within a period of two years after they are given possession of the land. Once this condition has been complied with the Government grants a final title deed free of charge. Immigrants may not alienate the rights granted them in terms of this 1 Renseignements généraux sur les conditions d'attribution des concessions de terrains domaniaux dans les colonies françaises (Prospectus published by the General Agency for the Colonies, Paris). LAND SETTLEMENT BY IMMIGRANTS 369 Act until they have obtained full possession of such land. In case of death their successors must comply with the same obligations. If the immigrants, before acquiring full possession of their land, abandon their work within the period of one year without the consent of the Government, they lose anything which they may have planted without being entitled to any compensation from the Government. Decree No. 34 of 20 November 1924, promulgating a new Agrarian Act, enumerates the various methods by which Government land can be acquired : (a) By sale or by public tender at basic prices varying from 35 to 7 pesos * per hectare, according to the value of the land, plus a tax of 2 pesos per hectare. The blocks are divided into five classes according to fertility, possibilities of access by railway or navigable river and proximity of a populous centre. Payment"may be made in cash or with 50 per cent, credit for areas of less than 1,000 hectares ; (b) By lease at an annual rent of 25 centavos for cultivated land and 1 peso for uncultivated land per hectare with the payment of one instalment in advance. Blocks for agriculture are 100 hectares in area and 400 hectares for cattle rearing; the lease is for twentyfive years. The State always retains the right to take back the land for any public utility reason; (c) By free granting of blocks called "family blocks" of 20 hectares per head of a family, all of which has to be developed with the exception of a fifth part which may be reserved for the replanting of trees. The blocks in this last group are granted only to Honduras families, either by birth or naturalisation or to heads of families resident in the country for at least one year. ITALY : Colonies.—Tripolitania. State land is granted only to Italian citizens of good character and with sufficient capital. The contract of alienation obliges the person to whom the land is granted to settle on that land a certain minimum number of Italian families considered necessary to ensure the protection of the land and the supervision of the work. ( Ufficio di colonizzazione : Colonizzazione in Tripolitania nel 19¿8. Rivista della Tripolitania, March 1924.) MEXICO.—The Federai Land Settlement Act of 10 May 1926 considers as "settlement land" any land belonging to the State or which may be acquired by it, land acquired by the National Agricultural Credit Bank and certain private estates in districts where settlement lands exist, either because the owner wishes his land to be considered as such or because the State expropriates it and grants compensation. Settlement may be carried out by nationals or aliens and the regulations of the Act shall state the proportion of aliens who may settle in each settlement. The acquirement of land by alien settlers is subject to the provisions of section 27 of the Constitutional Law 2 . The following persons will be admitted as settlers in the order stated : (a) métayers and farmers whose land is 1 One Honduras peso or 100 centavos — approximately 3s. ll$d. Section 27 of the Constitutional Law of 1917 states that in order to obtain ownership of • land or water or a concession for the development of mines, mineral waters or mineral fuel, aliens must first of all make to the Ministry of Foreign Affairs a declaration that they consider themselves as nationals of the country in all that concerns the said property, and that consequently they will not appeal for protection to their Governments in anything connected with that property. Failure to keep this promise involves the loss of right to the property. 2 24 370 THE TREATMENT OF IMMIGRANTS going to be used for settlement ; (b) agriculturists living near this area; (c) expatriated agriculturists who wish to return to the country; (d) agriculturists in general; (e) persons who are not agriculturists. To be a preferred settler it is necessary to prove some experience of agricultural work, to be of age. of good health and of good character. I n the case of aliens proof of these points must be given to the satisfaction of the consul granting a visa to their passport. I t is also necessary to prove the possession of the resources required for undertaking the work of development during the first year or of a loan to carry out such work. Alien settlers must deposit with the National Agricultural Credit Bank the sum of 1,000 pesos per family 1. This amount is a t their disposal for providing for their family and the expenses of cultivation as soon as they actually commence work. Payment may be made by instalments, 5 per cent, of the value of the holding being paid after the first harvest ; the Act provides t h a t the method of payment of the following instalments will be fixed by later regulations. Failure to pay these instalments, unless in the case of disastrous harvests not due to any action of the settler, involves annulment of the contract and the land returns to the administrative body of the settlement to be granted to another settler. The former settler receives 80 per cent. of the amount which he has pe.id ; the remaining 20 per cent, goes to the settlement along with any improvements which the late holder may have carried out on his land. The settler must pay a t a x for the.general expenses of the settlement after the first year of taking possession of his land. The person to whom land is granted must develop it himself or personally supervise the work of development according to the rules of the settlement. The land may not be mortgaged or sold until it has been completely paid for (sections 9 to I I ) . N E T H E R L A N D S : S u r i n a m (Dutch G u i a n a ) .—An Ordinance of 11 December 1914 for the encouragement of agriculture, and more particularly for the settlement of immigrant workers, authorised the Government to lease or sell on favourable conditions blocks of Government land either to nationals or to alien workers who have immigrated and have completed their previous contracts in a satisfactory manner. These blocks of land may not be less than a hectare and a half in area, and are granted with exemption, from payment and from land t a x for a period of six years. On the expiry of the six years, the immigrant must pay a sum varying from 2 to 10 florins per hectare according to the situation of the land. The colonial administration also generally gives advances to landed proprietors under conditions defined by the Decree of 11 December 1914. Finally, if immigrants have come to Surinam to work in a private undertaking, and agree to remain in the country as Government settlers after the date on which they are entitled to repatriation by the undertakings which recruited them, and if such persons give u p their agricultural work later, the settlement authorities guarantee their repatriation under the same conditions as those to which they were entitled in the terms of their recruiting contract. If they prefer it, they are granted cash compensation of 100 to 200 florins according to whether they are single or married. N E W ZEALAND.—According to the Handbook on the Dominion of New Zealand, issued by the Oversea Settlement Department, London, 1927, there are no free grants of land in New Zealand. Available Crown lands, both improved and unimproved, are offered for lease for long term, the right of selection being decided by ballot. The New Zealand Government, One Mexican peso = approximately 2s. Id. LAND SETTLEMENT BY IMMIGRANTS 371 through the State Advances Department, makes advances to enable settlers to acquire or improve farm land or to build houses. Such advances are made up to about three-fifths of the value of the security, interest and principal being repaid by half-yearly instalments at the rate of 6 per cent. PANAMA.—Act No. 32 of 1919, which grants credits to the Executive for the encouragement of immigration and land settlement, states in particular in section 14 that the Government must protect immigrants who come to settle as landowners, and must help them when beginning to develop their land. Immigrants are entitled to receive title deeds for the land granted to them under the conditions mentioned in section 170 of the Fiscal Code. PARAGUAY.—By Decree No. 10579 of 26 September 1919, regulating the Settlement Act of 1904, private settlement centres remain continually under the supervision of the Directorate of Lands and Colonies which may intervene at its discretion to supervise the management of the centre. Every centre including more than twenty families must have an administrator appointed by the Executive, and carrying out his duties under the supervision of the Directorate of Lands and Colonies. When a private settlement includes 100 settlers with houses and land, a police official is appointed, a post office set u p and a registrar appointed; a school is built when there are fifty children between the ages of five and fourteen years. Act No. 822 of 17 J u l y 1926, on the development of small holdings, ordered the expropriation for reasons of public utility of any land suitable for settlement in the possession of private persons, and not sufficiently populated and cultivated. I t states that land thus taken by the State must be divided up into agricultural small holdings. The blocks vary from 6 to 60 hectares in extent and are granted without distinction to nationals or to aliens who satisfy the following conditions : undertaking to own and cultivate the land themselves; being agriculturists by occupation, of age and fit for agricultural work; not yet in the possession of agricultural land in Paraguay. I n existing State settlements, special advantages are given to immigrants. Blocks of land which are still unalienated are granted free of charge to alien immigrants or repatriated nationals. The final title deeds are granted after four years on proof being shown that a dwelling house has been built on the land, and t h a t the owner has resided there since receiving the grant; that at least 3 hectares have been put under cultivation, and that the whole block, or at least the cultivated part, has been enclosed by a fence. Any settler who within the prescribed four years does not satisfy the conditions, loses his right to possession of the land, unless he obtains an extension of time from the head of the Department of Lands and Colonies if the circumstances justify it. Agricultural small holdings and Government settlements granted free of charge revert to the State if they are abandoned voluntarily and without justification for a period of five years. A deduction is made from the selling price of the necessary sum for compensating the former owner for his expenditure on improvements, provided he claims such compensation within two years. Agricultural small holdings m a y not be divided u p either by sale or by division between heirs into sections of less than 6 hectares in extent. With regard to private property which is divided u p into blocks to be sold on the basis of a contract approved by the Department of Lands and Colonies, immigrants who become possessors of these blocks enjoy . the following privileges : free passage for themselves and their families from a port in Argentina, Brazil or Uruguay to any point in Paraguay; freedom from customs duties for the articles enumerated in section 3 of the Immigra- 372 THE TREATME.NT OF IMMIGRANTS tion Act of 6 October 1903 (cf. above, § 1); exemption from land t a x for a period of five years. The instructions to the consuls; of Paraguay dated 24 ¡February 1927, confirm the grant of the advantages mentioned above except for the payment of the passage money from a foreign port, since the budget no longer grants the necessary credits for this purpose; these instructions state that the area of land granted free of charge to immigrants is 10 hectares in the eastern district and 20 hectares in the western district (Chaco). A minimum capital of 200 gold pesos 1 is essential to meet the expenses of the preparatory work and the original settlement. PERU.—The Regulations of 28 January 1927, regarding the sale of land . in the region known as Montaña (Amazon region of virgin forests) state that the Directorate of Immigration supervises all private settlement undertakings, which are obliged to lay before it a detailed plan of the blocks which they are dividing up, and the rules of the undertaking fixing the conditions of sale of the blocks, etc., as well as a memorandum on the hygienic conditions and resources of the district. The heads of such settlement undertakings must carry out certain preparatory work such as the construction of temporary dwellings for the settlers, the organisation of a health and transport service, and a supply of the necessary provisions. These undertakings must send to the Immigration Directorate within six months a list of the settlers who have taken up land on their territory ; clandestine sales" are forbidden; undertakings not fulfilling all their obligations are liable to a fine. The. Decree of 25 February 1927 fixes 50 hectares per person as the maximum area which may be acquired for settlement in the zone mentioned. By the Decree of 25 March 1927, the following facilities are granted by the Government to national or alien settlers willing to settle in the same district : (a) free grant of 10 hectares of land per settler and 30 hectares per family, (b) a subsidy of one sol 2 per day per adult and half a sol per child under fifteen years of age during the first six months of settlement ; (c) free medical assistance, a supply of tools, a sporting gun and other implements as well as a supply of food; (d) transport from Callao (the port of Lima) to the settlement area. The settler must repay the value of this transport, the subsidies, tools and food with which he has been provided, in accordance with the progress he makes in agriculture and in conformity with the decisions of the Directorate of Immigration. I n order to enjoy these advantages the settler must undertake to help in building an urban centre and constructing a house on a piece of land 50 metres in depth or 40 metres in frontage, which is granted to him free of charge, in a district where a township is to be set up. ° Alien settlers must refrain from all diplomatic action and promise to conform to the laws of the country. Title deeds to their land are given to settlers when they have made the repayments provided for. The Decree of 8 April 1927 also requires from settlers a certificate of good health. Act No. 5745 of 1927 founded an agricultural bank for making the necessary advances to owners of land for the development of their holdings. The loan is granted in exchange for a mortgage on the property; loans may also be granted to agriculturists who do not own their land provided they give the necessary guarantees. PORTUGAL : Mozambique.—The Decree of 21 May 1927, which takes the necessary, measures for instituting a settlement centre for Portuguese 1 2 One Paraguayan gold peso = approximately is. 2d. One sol, or one tenth of a Peruvian, pound = approximately Is. 6d. LAND SETTLEMENT BY IMMIGRANTS 373 coming to settle in Mozambique, states that Portuguese emigrants who have resided in this centre for a period fixed by the regulations and who during such residence have proved their fitness for agriculture, will be given preference in any lands which the State may grant in any district of the colony. RUSSIA.—Agricultural immigrants admitted to the territory of the Russian Socialist Federal Soviet Republic under the terms of the Order of 28 January 1927 * (cf. Chapter I I I , § 1, (g)) may, in sparsely populated districts or areas far from urban centres, be granted possession of unalienated land which is not cultivated by the local population, originally forming part of Soviet farms resulting from the liquidation of landed estates, or belonging to the State lands, the agrarian reserves or the available part of the settlement areas. Such land will be granted preferably in undeveloped regions with a view to organising modern agricultural undertakings. The situation, area and quality of the land will determine how each block will be granted, taking into account the agrarian reserves in the district concerned and the farms held by the Russian agricultural population, as well as the characteristics of the immigrant group, its resources in capital and the type and aim of the development which is to be undertaken. These lands are granted to immigrants on the basis of a contract of possession on favourable conditions without being put up for auction, according to section 157 of the Agrarian Code and the supplementary regulations, taking as a basis the model contract approved by the People's Commissariat for Agriculture in agreement with the People's Commissariat for Finance. One condition expressly demanded of groups of immigrants is that they possess the necessary capital for the organisation and maintenance of model methods of agriculture (cf. Chapter I I I , § 1, (f)). The fact of having carried out sactisfactorily all the clauses of the contract confers on the group of immigrants a right of priority to possession of the same land by a new lease or even to permanent possession for purposes of development by themselves. The official agricultural organisations must assist in the organisation and the scientific agricultural training of the immigrants, and supervise the administration of the group, and in general the progress of the work. VENEZUELA.—The Immigration Act of 26 June 1918, states in section 17 that immigrants in the same way as Venezuelans may occupy unalienated fallow land, and obtain grants of it according to the Act regulating this question. I t authorises immigration agents sent to Europe by the Government to pay the passage money of all those who are willing to come to Venezuela as immigrants under contract, or as settlers. For this purpose the Executive is authorised to enter into contracts with transport undertakings. The second part of this Act constitutes a special office for land settlement under the Ministry of Public Works (Fomento). This service has at its disposal vast extents of land which it must divide into blocks to be shared out between nationals and immigrants according to plans and systems discussed in detail in the Act (sections 55 to 127). The first hundred families (ot whom at least fifty must be immigrant families) who settle in any section, receive arable land free of charge up to 25 hectares per adult and 10 hectares per child. Rural blocks of land remaining over after such distribution has been made are sold at the rate of 10 bolivars per hectare, payable after the second year in ten annual instalments of one bolivar. Such sales are subject to the condition that the settler puts under cultivation within a period of five years two-thirds of the block which he buys. Further, 1 The provisions of this Order apply to re-emigrants (repatriated persons) on the same conditions as to immigrants in the strict sense of the term. 874 THE TREATMENT OF IMMIGRANTS land for building purposes is granted at the rate of 10 bolivars per block ». Advances may also be made to immigrants in the form of providing implements, stock, raw materials, grain, food and housing, or in cash up to a maximum of 1,000 bolivars repayable in five annual instalments commencing after the third year. Premiums for planting trees are granted by the Government, which also provides for the creation of special settlements for cattle rearing and for industry. The income from the sale of rural blocks and the repayment of advances serves to constitute a settlement fund to be used for the development of the settlements. The Act of 24 J u l y 1025 concerning unalienated land authorises aliens as well as Venezuelans to buy or lease unalienated land in the possession of the State under the following conditions : The area sold a t one time to one person may not exceed: 250 hectares of first-class arable land 500 „ „ second-class arable land 2,000 „ „ first-class pasture land 5,000 ,, „ second-class pasture land. The sale of a new block to the same individual may not take place until after five years. The first class consists of land which can easily be irrigated in districts where the average temperature does not exceed 25 degrees C , situated not more than 20 kilometres from a railway or from a sea or river route or an important town. The price is fixed in each particular case, but m a y not exceed : 10 bolivars per hectare for first-class arable land 5 ,, „ ,, „ second-class arable land 2 „ „ ,, „ first-class pasture land 1 „ ,, „ ,, second-class pasture land (sections 21, 25 and 30). Leases.—The leases are for five years, but are subject [to renewal.^ The annual rent is fixed in each case but may not exceed : 1.00 bolivar for first-class arable land 0.65 „ „ second-class arable land • 0.50 „ ,, first-class pasture land 0.20 „ „ [second-class pasture land (sections 69, 70 and 83). A person who has been in occupation of land for a t least two years before the Act came into force is given priority for buying or leasing the land. This Act forbids the sale or lease of land to a foreign Government (sections 23 and 73). § 3.—Distribution of Immigrants Once the immigrants have arrived in their country of destination, they are distributed so as to satisfy as far as possible their aptitudes and preferences, as well as the interests of the country in which they arrive. Reference has already been One gold bolivar = approximately lOd. DISTRIBUTION OF IMMIGRANTS 375 made in Chapter VI, § 1, devoted to the employment of alien workers, to certain provisions for distributing immigrant workers in occupations where local labour is lacking, and on the other hand to restrict their employment in branches where their presence seems likely t o disturb the equilibrium of the labour market of the country. Moreover, organisations which undertake to find employment, seek to distribute alien workers according t o the economic interests of the country; their working has been studied in § 4 of Chapter VI. I n this section the regulations regarding the distribution of groups of immigrants recruited collectively amongst the employers for whose needs they were brought, will be principally dealt with. Care is generally taken t o distribute immigrants thus recruited on a just basis according to the interests of their employers, b u t also with a view t o their own interests ; from this point of view it is often prohibited t o split up families (this provision is found particularly in regulations regarding native workers); sometimes it is recommended t h a t immigrants should be grouped according to their country of origin and should be found employment as far as possible in climatic conditions similar to those t o which they are accustomed. The same a t t e m p t at adapting immigration t o local conditions is found in the use of certain plans for immigration which partake of the nature of a contract rather t h a n of legislation. I n Colombia the geographical distribution of immigrants is regulated by a different principle : the districts with the most temperate climate are reserved for immigrants from States which have concluded treaties with this country. I n certain countries of South America, such as Brazil, regulations have been issued aiming at a fusion between the alien elements of the population, with a view t o their better assimilation, and the settlements created must be populated by nationals and immigrants of different races a t the same time. NEW ZEALAND MANDATED TERRITORY : Western S a m o a . — Under the Chinese Free Labour Ordinance, No. 10 of 1923, it is provided that in appointing a labourer to an employer the Commissioner shall, as far as is practicable, have regard to the wishes of the labourer, and if the labourer wishes to change his employer, the Commissioner will, when practicable, permit him to do so. AUSTRALIA.—-According to the Report of the British Oversea Settlement Delegation to Australia, issued in May 1924 (Cmd. 2132), the following 376 THE TREATMENT OF IMMIGRANTS arrangements are made in respect of British immigrants for reception a t the ports and distribution to employment. Queensland.—All boats are met on arrival at Brisbane by the immigration officials. A large number of the migrants are nominated, and these are met if possible by their nominators. Otherwise the State officials give all the necessary information to enable such migrants to reach their destination, and issue the free railway warrant to which every assisted migrant is entitled, and if the migrants need accommodation in Brisbane temporarily, they are taken to the immigration depot where they can be housed free of charge for a short period. I n addition representatives of the New Settlers League meet all boats carrying new settlers. New South Wales.-—The boarding officer meets the vessel at the wharf and gets in touch with the superintendent in charge of migrants who musters those required. The majority of the migrants are nominees and are met as far as possible by their nominators. Otherwise they receive the necessary instructions from the boarding officer. There is no immigration depot in Sydney, but those who are in need of temporary quarters are recommended suitable accommodation. A reception building where newcomers could meet their friends and obtain light refreshments was, however, in course of erection in 1924, when the Delegation was there. Representatives of the New Settlers' League and representatives of various religious denominations also visit the boats on arrival at the port. Victoria.—Boats carrying migrants are boarded on arrival by the immigration officials. Nominated immigrants are handed over to the care of their nominators and those who need further assistance are conducted to the immigration bureau in Melbourne where they are welcomed by members of the New Settlers' League. The immigration officers allot situations to "> the selected migrants and give them the necessary railway warrants and instructions for reaching their destinations. Those needing accommodation in Melbourne are recommended to suitable lodgings. There is no Government hostel in Melbourne, but a reception and training farm of 2,000 acres about one and a half hours by train from Melbourne has been purchased for the accommodation of those coming out as land settlers under a Victorian agreement. Tasmania.—The immigration office is situated a t Launceston and an officer meets all new arrivals, giving them such information and assistance as they need. The New Settlers' League also welcomes new arrivals, offers to advise new settlers with capital as to the prospect offered to them in the various districts of the State. South Australia.—All boat« carrying migrants for South Australia are boarded by an officer of the Immigration Department at least an hour and a half before the vessel reaches the port. The migrants concerned are mustered and given all necessary information as regards the disposal of their baggage, their journey to their destination, etc. Nominated immigrants are generally met by their nominators, and those who are not, receive special attention from the boarding officer. The farm apprentices are conducted to a depot set apart for their accommodation in Adelaide whence they are distributed to their situations. Western Australia.—Migrants for Western Australia arrive either at Fremantle or at Albany. In either ease the immigration officer boards the vessel before arrival at the wharf, and identifies those bound for Western Australia. Those arriving at Fremantle are given a card of admission to the immigration depot where employment is allotted and free passes issued to their destinations. Those arriving at Albany are, when possible, allotted employment and furnished with necessary railway warrants a t once. The remainder are conveyed to Fremantle by special train and accommodated at the depot there. At the Fremantle depot migrants are met by DISTRIBUTION OF IMMIGRANTS 377 representatives of the Church Immigration Committee and the New Settlers' League branch of the Ugly Men's Association. Vacancies are allotted to migrants who need employment and families who apply for the group settlements are interviewed by the selecting officer. BRAZIL.—Immigrants are requested in their own interest to make an exact statement of their trade because the Directorate of Land Settlement keeps an official labour register and distributes immigrants according to their ability and their wishes. (From the publication of the Settlement Service, Rio de Janeiro, September 1922.) CANADA.—According to a statement issued by the Department of Immigration and Colonisation i, agents and inspectors in charge, stationed at ports of entry, give immigrants whatever advice and assistance is practicable, and at sixteen ports provision is made for giving sleeping accommodation and meals to immigrants for short periods. COLOMBIA.—The Immigration and Settlement Act, No. 114 of 30 December 1922, provides that the Chambers of Commerce and Agriculture will co-operate in giving the Government the necessary information for the just distribution of immigrants in the country. By Act No. 74 of 30 November 1926 only immigrants coming under an agreement concluded between their Government and Colombia are entitled to choose their place of settlement. Citizens or subjects of States which have no treaty with Colombia must take up residence along the coast or along the rivers in districts where the average temperature is higher than 25 degrees C. (section 46). CUBA.—The Act of 11 J u l y 1906 which sought to encourage the immigration of families of agriculturists and for this purpose provided free transport for them, stated in section 10 that, in the distribution, of families who arrived under this system, preference would be given to landed proprietors willing to alienate their right to the land while guaranteeing them remunerative and steady employment. FRANCE : Colonies.—In a certain number of French colonies legislative provisions state that immigrants (Cf. Chapter I I , § 1, for the definition of this term) introduced collectively on behalf of several "engagers" (employers) may not contract in their place of origin any undertakings binding them to a given person. Such immigrants are distributed on arrival by the Immigration Commissioner among the different employers in proportion to thè number for which they applied. These immigrants are forwarded to their employers after the contracts of employment, which they signed with the recruiting agent in their country oí origin, have been transferred to the name of the employers. In this distribution, a husband must not be separated from his wife nor a mother from her child under fifteen years of age. Immigrants are grouped as far as possible in families or in groups of individuals coming from the same place. As far as circumstances and respect for family ties permit the proportion of women in each group should be the same. Once the distribution has taken place no immigrant worker may, without his formal and express consent given before the Immigration Officer, be made to change his employer except when his contract of employment is transferred to another person who has acquired the property on which he is employed. If the transfer takes place without the consent of the worker, it is not valid until it has been approved by the Immigration Commissioner 1 Canada and Immigration, Colonisation. O t t a w a , 1927. issued b y a u t h o r i t y of t h e Minister of i m m i g r a t i o n and 378 THE TREATMENT OF IMMIGRANTS and the parties concerned have the right to appeal to the Governor-General on the Administrative Council. When a female immigrant marries her contract is legally broken if such compensation is paid to her employer as the local magistrate may determine. If she marries an immigrant the period of the new engagement to which she becomes subject may not exceed the period which her husband must still work in fulfilment of his engagement. (Madagascar. Decree of 6 May 1903, on immigration, sections 18, 19, 28. 29 and 30.) Similar provisions are contained in the Decrees regulating immigration under contract in Guiana (Deere« of 13 J u n e 1887). in Mayotte and Nossi-Bé (Decree of 2 October 1885), in Réunion (Decree of 30 March 1881) and in the Establishments in Oceania (Decree of 24 February 1920). G R E A T B R I T A I N : Colonies.—Brunei. Any person separating or abetting the separation of an immigrant from his wife or children under sixteen years of age or from any person dependent on him is liable to a fine of not more than $100. Any agreement involving such a separation shall be void. (The Indian Immigration Enactment, No. 1 of 1924, section 54.) Federated Malay States and Straits Settlements. By the Labour Codes •it is provided that no Indian child under the age of ten, being an immigrant, may be employed as a labourer at any place. By the Netherlands Indian Labourers' Protection Elnactments it is provided that any person separating, or abetting the separation of a labourer from his wife, or from his children under the age of lifteen without his consent or the consent of his wife, shall be liable to a fine of $100, and any contract of service involving such separation shall.be void. (Federated Malay States : Perak, Selangor, Negri Sembilan, Pahang : Netherlands Indian Labourers' Protection Enactment, 1909, section 51. Straits Settlements : Netherlands Indian Labourers' Protection Enactment, No. 21 of 1908, section 51.) British Guiana. A public service has priority over the heads of private undertakings in the distribution of workers brought in a collective group. I n the allotment of immigrants, husbands must not be separated from their wives, nor children from their parents or natural guardians, and, as far as possible, members of the same family, and persons representing themselves as friends, and persons from the same village should be kept together. Every lessee of a plantation whose term of lease expires before the termination of the indenture of the immigrant indentured on it, is entitled to have the immigrant transferred for the unexpired remainder of his term of service to any employer approved of by the Immigration Agent-General, or the Immigration Agent-General on the request of his employer may allow the immigrant to be transferred to any plantation owned by the same employer. (Immigration Ordinance, 1891, sections 50, 115, 181, 184.) Jamaica. Any person requiring immigrant labour must notify the fact to the Protector of Immigrant); stating the number and nationality of immigrants required. The Protector may refuse any application for immigrants if he sees reasonable grounds for such a refusal. The applications are submitted from time to time by the Protector to the Governor and as soon as arrangements have been made the Protector must notify each applicant of the number he may expect to receive on allotment. Immigrants are allotted on board the ships in which they arrive in the island. Each applicant for immigrants must attend and receive the immigrants allotted to him within three days of the notification of their landing. I t is specified that in the making of the allotments husbands must not be separated from their wives, nor minors from their parents, or natural guardians. As far as possible members of the same family, and persons who may agree as representing themselves to be friends and associates, must not be separated from one another. (The Immigration Protection and Regulation Law. No. 23 of 1879, sections 21, 24-27.) DISTRIBUTION OF IMMIGRANTS 3T9 Law No. 18 of 1886 empowers the Governor, with the advice and consent of the Legistative Council of the Island of Jamaica to suspend by a Proclamation, generally for a specified time, sections 21 to 25 of the Immigration Protection and Regulation Law of 1879 which provide for applications being made for immigrants. Trinidad and Tobago. Immigrants on arrival are allotted to each employer who has made requisition for them, and in the allotment, the public service departments have preference. In the allotment husbands must not be separated from wives nor children from their parents and natural guardians. (Immigration Ordinance, No. 26 of 1916, sections 59. 81 (1).) N E T H E R L A N D S : Colonies.—On arrival in Surinam immigrants recruited collectively for undertakings in the colony by the Government are distributed according to the decision of the Agent-General among undertakings requiring labour power which offer sufficient guarantees that the workers will be well treated and that their work will be regularly paid for according to the agreements and that their equipment satisfies the hygienic conditions considered suitable by the medical inspector and the Agent-General. No immigrant worker may be separated from his family. As far as possible account must be taken of the wishes of the immigrants t o be sent to any undertaking which they choose. P O R T U G A L : Colonies.—By the Decree of 14 October 1914 native workers recruited by an association of employers constituted for this purpose must be distributed among the members in just proportions in accordance with the regulations drawn up by the Governor of the colony for which they are destined (section 132). In terms of the Agreement of 14 November 1925 between Mozambique and St. Thomas and Principe Islands, members of one family appearing on the same labour contract may not be sent to different employers (section 5). A similar provision is found in the Agreement between Angola and St. Thomas and Principe Islands dated 28 Apri 1926. It is also added that the distribution of immigrants coming from Angola to agricultural estates in St. Thomas and Principe Islands must .take into account the climate and temperature of the districts from which they come and that natives recruited from the plateaux of Angola should preferably be given employment on estates situated at the highest altitude (section 15). The provisions of this last Agreement have been adapted with a view to recruiting native workers in Cape Verde for agricultural undertakings in St. Thomas. The regulations published on this subject on 24 March 1927 also contain the provision quoted concerning distribution in families (section 3); as regards geographical distribution, it is stipulated that natives of Cape Verde should, for preference, be placed on estates at a high altitude (section 7). TURKEY.—By Act No. 675 of 28 November 1925, all immigrants, refugees, men belonging to nomadic tribes whether exchangeable or not, who have arrived or may arrive in the future in Turkey either of their own free will or as a result of urgent necessity or some diplomatic agreement, must live for five years in the place to which they m a y be sent. Such persons may not in any way leave the locality to which they are sent without having previously obtained the sanction of the competent authorities, unless temporarily and for business reasons. U N I T E D STATES.—The United States Immigration Act of February 1917 (section 30) provides for the maintenance of a Division of Information in the Bureau of Immigration, the functions of the Division being prescribed by t h a t law as follows :— " I t shall be the duty of said division to promote a beneficial distribution of aliens admitted into the United States among the several States and territories desiring immigration. Correspondence shall be had with the 380 THE TREATMENT OF IMMIGRANTS proper officials of the States and territories and said division shall gather from all available sources useful information regarding the resources, products and physical characteristics of each State and territory, and shall publish such information in different languages and distribute the publications among all admitted aliens at the immigrant stations of the United States and to such other persons as may desire the same." During the war, the Division of Information was absorbed by the United States Employment Service, but on 1 July 1918 these two were separated, the Employment Service continuing to do the distribution work and the Division of Information providing information. On 1 J u l y 1921 the latter was abolished. (Institute for Government Research, Bureau of Immigration, p. 29.) The Act of 1917 (section 30) further provides that, "when any State or territory appoints and maintains an agent or agents to represent it at any of the immigrant stations of the United States, such agents shall, under regulations prescribed by the Commissioner-General of Immigration, subject to the approval of the Secretary of Labour, have access to aliens who have been admitted to the United States for the purpose of presenting, either orally or in writing, the special inducements offered by such State or territory to aliens to settle therein. While on duty a t any immigrant station such agents shall be subject to fill the regulations prescribed by the Commissioner-General of Immigration, who, with the approval of the Secretary of Labour, may, for violation of any such regulations, deny to the agent guilty of such violation any of the privileges herein granted". According to the reply of the United States Government to the Questionnaire sent out by the International Labour Office, in 1921, "the Division of Information is the only ageccy of the .Federal Government which specifically seeks to inform arriving immigrants concerning the matters referred to. Several of the States, however, maintain departments which are intended to promote a mutually beneficial distribution of immigrants and, in some instances, their colonisation on the land. There are also a good many private agencies in various parts of the country which exist for the same purpose, b u t . . . such State and private agencies are in no sense under the direction or control of the Federal Government except in cases where their operations are carried on at immigration stations." § 4.—The Protection of I m m i g r a n t s by the Authorities of the I m m i g r a t i o n Country Two principles may be applied for the social protection of immigrants; the State in which they take up residence may grant them the privileges of all general organisations and measures drawn up for the protection and assistance of nationals of the country; it may, on the other hand, establish a special system for alien workers. The first method is more extensively used at present. Thus legislation regarding labour and workers' protection (hours of work, accident prevention, workshop hygiene, etc.) generally constitutes a system of compulsory regulations applicable to alien workers as well as to nationals. It is often provided also in States receiving a great number of immigrants that aliens who have THE PROTECTION OF IMMIGRANTS 381 settled in t h e country may appeal to the courts of the country in case of any infringement of their legal rights under the same conditions as nationals. I t even happens t h a t in mentioning this privilege the Constitution or Immigration Acts specify t h a t the granting of such a right excludes all recourse to diplomatic action except in the event of justice being refused; aliens who have settled in the country must then in any disputes with their employers appeal to the courts of t h a t country (Ecuador, Constitution of 1896-1897, section 3 8 ; Guatemala, Immigration Act of 1909, section 7; Honduras, Constitution of 1924; Mexico, Constitution of 1917, section 27, dealing with the rights of property; Peru, Land Settlement Regulations of 28 J a n u a r y 1927; Venezuela, Aliens Act of 23 July 1925, section 37, etc.). I n certain cases immigrants are also forbidden t o organise a system of law courts for their own use; in Newfoundland, for example, it is expressly stated in Chapter 79 of the Consolidated Acts t h a t Chinese immigrants may not set u p institutions for judging offences committed by any of their number (section 13). I t is not possible to enter into details of the application to aliens of the general workers' protection Acts in each country, b u t an analysis will be given here, by way of example, rather t h a n with any claim to exhausting the subject, of the special methods employed by certain countries for the protection of immigrant workers. I n most cases this special protection is organised for coloured workers recruited under contract, and forms the counterpart of the police system to which such immigrants are subject, and which is often very strict. The same officials must generally supervise the strict observances of the obligations of the worker and the employer; if they are empowered to punish the immigrant who does not fulfil his obligations as regards his work or does not conform t o t h e police regulations t o which he is subject, they must a t the same time see t h a t the employer or his agents are not guilty of any abuse of their power over the worker and grant him on all points fair treatment and physically and morally healthy conditions of life. They are generally authorised t o enter at any time the places where immigrants work or are housed, to undertake any enquiry which may seem desirable, and t o make any report to which this enquiry may give rise regarding the improvements which should be introduced 382 THE TREATMENT OF IMMIGRANTS in the conditions of the; workers; they must ensure the protection of the workers and remove them from any employers who do not carry out the obligations which they have contracted. The special provisions of the above-mentioned regulations with regard to colonial workers deal particularly with the protection of women, especially before and after childbirth, and the protection of children, in particular of orphans left by immigrant workers. There are also provisions prohibiting the separation of families ; these have been dealt with in the preceding section. In countries such as Australia and Canada which encourage the immigration of young people, steps are taken for their supervision and protection. AUSTRALIA : New South Wales.—The Juvenile Migrants Act, 1926. empowers the Minister for Labour and Industry to appoint training farms for the reception, control and training of juvenile migrants for rural employment. The migrants are under his control and care before they are placed for training or employment, and at any time when they cease to be so placed (section 4). The wages or earnings due by any person to a juvenile may be sued for and recovered by the juvenile or in the name of the Minister by some person authorised by him. S o u t h Australia.—The Director of Immigration may appoint institutions for the reception, detention, education and employment of girl or boy immigrants who come into the State. The immigrants are under his control before they are placed out, and a t any time when they may cease to be placed out. He may sue for and recover any wages or earnings due to an immigrant (Immigration Act, 1923, sections 5, (3), 6, 11). He is further empowered to institute a fund called the "Immigrants' Sickness and Accident Fund" which shall be formed of subscriptions of a prescribed amount paid by or on behalf of the immigrants. This fund is applied for the payment of sums of money to or on account of any immigrant by or on behalf of whom contributions to the fund have been paid, to defray expenses and loss incurred by the immigrant by reason of sickness or accident (section 10). Cf. also in Chapter V, § 2. the provisions with regard to the apprenticeship and protection of young immigrants. BELGIUM : Congo.—By the Decree of 16 March 1922 regarding labour contracts between natives and European employers and applying to natives of neighbouring colonies working in the Congo, the GovernorGeneral, the Vice-Governors-General, the Attorney-General, the officers of the Public Prosecutor and all the officials of the territory must exercise special protection over native and immigrant coloured workers, particularly with regard to their labour contracts. The officers of the Public Prosecutor may bring actions in the civil courts in the name and interest of coloured workers who have been injured in any way (section 58). Chapter IV of the same Decree (sections 11-15) deals with the obligations of the employer. I t treats of wages and the distrainable or non-distrainable parts of wages, the provision of healthy food, of a suitable dwelling provided with serviceable bedding, the conditions of safety and hygiene under which the work must be carried out, the periods of rest to be granted, the medical care to be given in case of sickness or accident, etc. Section 18 gives the worker the right to break his contract without warning when the employer entirely fails to fulfil his obligations or when he or his agent , THE PROTECTION OF IMMIGRANTS 383 has been guilty of improper actions or grievous injury or dishonesty towards the worker, or when the health or morality of the latter has been endangered by his contract (sections 18 and 19). The magistrates and officials appointed for this purpose by the Vice-Governors of the provinces have power t o take cognisance of any disputes referring to the obligations of employers and recruiting agents (sections 11 and 35). BRAZIL.—There has been set u p in the State of Sao Paulo by the Act No. 1299A of 27 December 1911 an organisation for the protection of agricultural workers entitled "Patronato agricola" under whose supervision immigrants who desire to work as agriculturists must conclude their contract of service. The labour books of these workers (cf. Chapter VI) are made legal and supervised by this body. All disputes arising between employers must be referred t o it ; should any attacks be made on the person of the immigrant or on his family or his property, this institution must bring the matter to the notice of the competent authorities. I t is also entrusted with the duty of organising in t h e settlement centres (núcleos coloniaesj mutual-aid societies of agricultural workers for medical assistance, the supply of drugs, elementary education and compensation for working accidents (section 3). CANADA,—It has been stated above that Canada encourages British juvenile immigration. Special legislation has been adopted for the protection of these young immigrants in Alberta (1925), Manitoba (1924), Nova Scotia (1926), and Ontario (1924). The provisions in force in Alberta may be taken as a typical example. By the Child Welfare Act, No. 4 of 1925, it is provided that an organisation or agent desiring to carry on the work of placing immigrant children in the province must secure authority for this purpose from the LieutenantGovernor in Council (section 24 (1)) and that the Lieutenant-Governor may revoke such authority (section 24 (2)). Every such organisation or agent shall as t o its operations in the province of Alberta be subject to the inspection and supervision of the Superintendent of Child Welfare and to such regulations as the Lieutenant-Governor in Council may deem necessary (section 26). (Cf. in particular § 5 of this chapter for the methods of registration of young immigrants by the person bringing them t o the country.) Section 37 of this Act also provides that when an immigrant child placed by an organisation or an agent becomes a charge on the State in the course of the first year, such organisation or agent may be required to pay the expenses of its maintenance 1 . An organisation or agent may place immigrant children in families or in situations on a written agreement during minority or for a less period, but the contract must contain a clause reserving the right of the organisation or society t o withdraw the child from any person having custody of the child if the welfare of the child requires it (section 30). The organisation or agent is responsible for the maintenance of the child placed and must produce the child for examination by the Superintendent of Immigration if the welfare of the child seems t o demand it. If an immigrant child is returned t o the custody of the placing organisation or agent after having been placed out, the Superintendent shall ascertain as far as possible the true cause of such return and the child shall not again be placed with any person or organisation or agent without the knowledge and approval of the Superintendent. (Idem, sections 29, 31 and 32 (1).) Any person who knowingly places or causes t o be placed in Alberta any immigrant child who is mentally defective, diseased or physically 1 CANADA, D E P A R T M E N T O P I M M I G R A T I O N AND COLONISATION : Report for the Fiscal ended 31 March 1925, p . 26. Year 384 THE TREATMENT OF IMMIGRANTS infirm and therefore unable to earn a living or is a habitual criminal or who has been reared among habitual criminals, or whose parents have been mentally defective, diseased, habitual criminals or paupers, shall be liable to a penalty of not more than $200 and to imprisonment for not more than three months (section 36). DENMARK.—By the Act of 1 April 1912 concerning immigrant workers . (cf. Chapter VI, § 3, for the sphere of application of this Act) when an alien worker becomes ill the employer is bound to procure immediately the necessary attention for him either by summoning a doctor and providing the necessary medicine or by having the worker transported to a hospital. Provided the illness is not due to the bad conduct of the worker, the employer is bound to repay to the authorities the expenses for medical attention, drugs and, if necessary, hospital treatment for a maximum of six months in each case. Every person employing alien workers of the category covered by the Act must insure them with the mutual-aid society approved as a sickness insurance fund by the Minister of the Interior and entitled "Sickness Insurance Fund for Alien Workers". The State pays annually to this fund a subsidy of 50 ore for each worker insured, and a sixth of the benefits paid up t o 1 krone per worker. When the employer lodges the workers in huts each containing a considerable number of persons, the; legal provisions for the arrangement of such places must be observed. The employer must see that the workers keep the huts in good order ar.d clean and must have them ventilated every day. The Act stipulates that inspectors must visit these places in order to make certain that a written contract has been entered into between the employer and his alien workers, that the latter are in possession of the regulation labour books, and that the state of their lodgings satisfies the provisions of the Act. If any defect is noted, the police insist upon it being made good within a brief space. I n case of dispute between the employer and the workers, the local chief of police may, at the request of either party, try to bring about an agreement between the persons concerned by personal intervention and interpretation of the terms of the contract. When the terms of the contract are not observed, the police courts decide who is responsible and fix the mutual obligations of the parties. They order* if necessary, the restitution to the workers of any effects belonging to them. I n giving their decisions, they may also make any employer whose illegal actions have brought about a breach of contract repay to the public treasury concerned the expenses of the maintenance of the workers and their deportation from the country, provided such deportation has been demanded by the police or the poor law authorities. FRANCE.—An Order of the Minister for the Colonies dated 12 December 1923 instituted a service for the supervision and assistance of natives of the French Colonies. This service undertakes not only the duties formerly carried out by the Controller-General of Indo-Chinese troops and the Supervisor of Workers from Madagascar, but also the care of all French subjects or proteges coming from French oversea possessions. I t collects all useful information with reference to the material and moral position of these natives and acts as a liaison body between the general governments of the colonies and the departments of the Ministries concerned in all questions regarding French subjects and proteges. This service is managed by the Controller-General of Indo-Chinese troops; he is assisted by the coìonial officials of Indo-China, West Africa and Madagascar, and the expenses are borne by the budgets of the colonies mentioned (cf. Chapter IV, § 1). A similar service has been established in the Departement de la Seine for the supervision and protection of North Africans. » THE PROTECTION OF IMMIGRANTS 385 With reference to alien workers it may be recalled (cf. Chapter VI, § 3) that it is compulsory for the contracts of these workers to contain a clause stipulating t h a t any disputes arising between employers and workers must be referred to the labour service of the competent ministry (Labour or Agriculture, according to whether the worker is engaged in industry or agriculture) who must thus supervise the carrying out of the obligations contained in the contract. This supervision is carried out by agents who know the language and customs of the immigrants whom they are to inspect and who are specialists in labour questions. Colonies.—The Decree of 13 February 1852, instituting the system of immigration under contract, known as regulated immigration, in the Colonies of Martinique, Guadeloupe, Reunion and Guiana, Mayotte and Nossi-Bé, and more recent Decrees extending to other colonies in more definite form the chief provisions of this system, contain very detailed regulations for the protection of workers introduced in this way. As an example the provisions of the two most recent Decrees may be taken, those in Madagascar (6 May 1903) and the Establishments in Oceania (24 February 1920), which institute the system of regulated immigration and grant similar protection for the immigrants. The protection of immigrant workers is entrusted to the Immigration Commissioner and his subordinates, sub-commissioners and officers. These officials supervise the conclusion of agreements, which must take place in their presence and with their approval, even in the case of re-engagement contracts (sections 4, 29 and 31). I n order to make certain that the worker is free in his dealings with his employer the officer must remind him when entering into a new agreement that he is free to do so or not as he pleases (section 33). The same official sees that the clauses of the contracts are fulfilled, particularly with reference to the payment of wages, the deductions which may legally be made having been carefully fixed by the same Decree. The employer must keep a book which must be shown to the immigration officials whenever demanded. Should there be a delay in the payment of wages the Immigration Commissioner intervenes; if such intervention produces no results he may annul the agreement. He may take the same step in case of bad treatment or serious breach of obligations by the employer (sections 40 and 52-58). The obligations of the employer which are carefully defined by the regulations, refer to the following points : grants in kind (rations, clothes, etc.) must be provided by the employer in addition to wages ; the housing accommodation must be suitably built, arranged and distributed with regard to decency and health and must be kept apart from the enclosures reserved for animals; on the request of an official of the Health Service such improvements as seem necessary must be carried out within a maximum period of three months on pain of annulment of the contracts (sections 46-57). The normal hours of work, rest periods and wages lor overtime are also fixed (sections 59-65). The employer must provide medical attention for all workers in his employment. When one undertaking employs more than thirty workers it must provide a sick room. Sick persons requiring special care must be sent to the nearest hospital. Officials of the Health Service pay periodical visits to properties where immigrants are working and report to the Director of the Immigration Service, who must himself report on the sanitary conditions of the immigrant population to the Governors-General and the Minister for the Colonies (sections 66-71). GREAT BRITAIN : Colonies.—The following colonies prescribe conditions for the general welfare and protection of immigrant labourers : Brunei. By the Indian Immigration Enactment, 1924, every employer of Indian labourers is bound to provide sufficient and proper housing, a sufficient supply of wholesome water, sufficient and proper sanitary arrangements, cooked rations when lawfully required, hospital accommo25 886 THE TREATMENT OP IMMIGRANTS dation, and a sufficient quantity of medicine of good quality (sections 32, 33). If immigrants are to be employed at a place where immigrants have not been employed before, the piaci; must first be inspected by the Controller of Labour (section 40). The Resident may prohibit the employment of Indian immigrant labour on any estates where the Controller considers t h a t the supervision is insufficient or inadequate to prevent ill-usage or ill-treatment (section 43). Any immigrant who is declared by a medical officer to be incapacitated for work by sickness, pregnancy, or other sufficient cause, is entitled to be received into or kept in a hospital a t the expense of the employer (section 37). Women are entitled to abstain from work for a period of one month before and after confinement ar.d to receive maternity benefit (section 51). No Indian child under the age of t e n may be employed as a labourer on any place of employment (section 31). The employer is bound to provide schools for the children of immigrants if there is a sufficient number of them oh the estate to warrant it (section 52). Federated Malay States and Straits Settlements. The Labour Codes of the Federated Malay States and the Straits Settlements contain detailed provisions for the treatment of labourers including immigrants. They also provide that the Indian Immigration Committee may fix standard rates of wages for labourers. By the Netherlands Indian Labourers Protection Enactment, 1909, in the Federated Malay States, it is stipulated that an employer must provide every Netherlands Indian labourer with : sufficient and proper housing; a sufficient supply of wholesome water; sufficient and proper sanitary arrangements; hospital accommodation; medical attendance; a sufficient quantity of medicines of good quality ; such rations as are specified in the contract. An employer is bound to provide regular work for the labourer so long as his contract is in force or, if he fails to do so, he must still pay full wages and rations (section 12). An immigrant who is temporarily incapacitated has the right to receive hospital treatment, and it is specified that he shall be entitled to pay for the c^ays on which he is so absent (section 30 (9)). When the contract of labour provides for advances to the immigrant, these advances must be repaid in the presence of the Superintendent, and no money may be deducted from the wages of an immigrant except : the amount specified in the contract ; any money which the employer is entitled to deduct for rations for days which are not legal working days; fines imposed by the magistrate or superintendent (sections 13 (i), 15, 27 (i), 49). A similar Enactment was passed in the Straits Settlements in 1908. Fiji. The Indian Immigrants Ordinance, 1924, makes provision for the protection of the orplian children of immigrants. Any orphan immigrant may be committed by the Agent-General to any person whom he may think a fit and proper person to have charge of the child (section 12). The care and maintenance of the orphan until committed to a guardian is paid for from the general revenue of the colony (section 13). British Guiana. Every immigrant arriving in the colony must be provided with food and lodging in the Immigration Depot until he is allotted and delivered to an employer. (Immigration Ordinance, 1891, section 47, and Non-Asiatic Immigration Act, No. 10 of 1890, section 12 (2).) Employers are required to furnish immigrants with the particulars of the dwellings assigned to them before allotment actually takes place. No immigrant may be allotted to or indentured on any plantation on which there is no hospital accommodation. Employers are obliged to keep the dwelling places provided for immigrants in good repair and sanitary condition. (Immigration Ordinance, 1891, sections 64, 69, 73, 75 (i).) Immigrants must be provided with work or, if the employer is not able to do this, the immigrants must be paid a full day's wages for those days on which they are willing and able to work, and work is not provided. The THE PROTECTION OF IMMIGRANTS 387 hospital expenses and burial expenses of immigrants must be borne by the employer (idem, sections 86, 93). Every indentured immigrant has a right to a specified amount of leave not exceeding twenty-six days in any one year (section 120). Jamaica. Arriving immigrants must be supplied on board ship with a suit of clothes for field work, and when landed, must further be supplied with agricultural implements and cooking utensils. This provision is made at the expense of the person to whom they are allotted. If the accommodation to be provided for immigrants is not in readiness at the time of their allotment, the Protector must provide them with food and lodging at the cost of their employers', recovering the same from the employers as moneys payable under the immigration laws. (Immigration Law 23 of 1879, as amended by Act 1 of 1881, section 1 (2).) Immigrant labourers must be properly housed, and persons in charge of estates where immigrant labourers are employed must follow all reasonable directions for maintaining the immigrants in good health. Immigrants requiring hospital treatment must be sent to the Public General Hospital. The estates are visited by a Medical Officer who supervises the general conditions of health and housing. (The Immigration Law, 1879, sections 61, 64, 67-70.) The Immigration Law specifies minimum day wages and minimum task work rates to be paid to immigrants, and prohibits truck, or any other reduction in wages for the cost of rations. Immigrants must also have an adequate supply of rations. Every employer is bound to give full employment to immigrants and if an immigrant, being willing and able to work, has no work given him to do on any working day, he is entitled to a full day's wages for every day so lost. (Idem, sections 47, 49, 50, 51, 71-75.) If an Indian immigrant is injured in the course of his employment under indenture, and permanently incapacitated, the Governor may award a pension to be paid out of the Immigration Fund. (Idem, section 85.) Trinidad and Tobago. The Immigration Ordinance, No. 26 of 1916, section 51, stipulates that every immigrant arriving in the colony shall be provided with food and lodging in the immigration depot until he is allotted and delivered to an employer. Unfederated Malay States : Kedah, Kelantan, Perlis. The Indian Immigration Enactments of these States require that the employer of an Indian immigrant shall provide : sufficient and proper housing; a sufficient supply of wholesome water for both drinking and washing; sufficient and proper sanitary arrangements; cooked rations; hospital accommodation; medical attendance; a sufficient quantity of medicines of good quality. (Kedah, Indian Immigration Enactment, No. 8 of 1328 (Mohammedanera), section 3. Kelantan, Indian Immigration Enactment, 1910, section 4. Perlis, Indian Immigration Enactment, No. 2 of 1329, section 4.) N E T H E R L A N D S : Colonies.—In the various colonies there are very detailed regulations for the protection of immigrant workers. In the Netherlands Indies the Order concerning coolies engaged on the west coast of Sumatra (No. 15 of 29 J u n e 1925) and in Surinam the Ordinance of 16 April 1926 and the Government Decree of 1 February 1921, referring to the recruiting of Javanese workers for Surinam, state that the contract of employment must contain very detailed clauses regarding the conditions under which the workers are employed, the hours of work, the rest periods to which they are entitled, the provision of suitable dwellings and wholesome water for consumption and for toilet and domestic use, as well as the medical assistance which must be given them in case of sickness. There are also provisions sanctioning the absence from work of a worker who has gone to complain to the competent authorities regarding the treatment received in the undertaking to which he was sent. The authorities 388 THE TREATMENT OF IMMIGRANTS of the country supervise the pay books and in general all the conditions under which the contracts are carried out. Immigrant workers may be withdrawn from or refused to employers who fail to carry out their obligations. I n Surinam, in particular, special officials are appointed for the supervision of immigrants : the Agent-General and the Commissioner of each district. These officials have the right at any time to inspect undertakings employing immigrants under contract or immigrants who are working under the system of free settlement. They must see that they are living in suitable dwellings, receiving proper care in case of sickness, child birth, etc., and listen to any complaints. In the Netherlands Indies the officials of the ordinary administrative services undertake this work; thus, any disputes regarding the interpretation of labour contracts are as far as possible settled in friendly fashion by the Labour Inspection officials or the head of the local administration. When no agreement is possible the matter is referred to the civil or criminal courts. (Order quoted, section 18.) PARAGUAY.—The Director of the Immigration Section (Directorate of Land Settlement) must, in terms of the Act of 13 J u n e 1920, assist any foreign settlers who put forward claims for the non-observance of contracts of employment and must inspect the official and private settlements in the country. PORTUGAL : Colonies.—Chapter I I of the Decree of 14 October 11914 (sections 18-36) contains detailed regulations for the protection of native workers in the Portuguese colonies. These apply, as does the whole Decree, to alien native workers and to natives who are Portuguese subjects and have been brought from one Portuguese colony to another. I n each colony the protection of these workers is entrusted to the Curator-General and his subordinates; in colonies where there is no Curator, it is entrusted to the officials of the Secretariat for Native Affairs, or if such is lacking to the administrative authorities of the municipality or district concerned. All these officials must supervise the conclusion and carrying out of contracts of employment, annul them if there are sufficient reasons for doing so, receive complaints from the workers, report on infringements and inflict summary punishment, inspect undertakings employing natives and undertake any enquiry which seems necessary with reference to the treatment of immigrant workers or even appoint a permanent agent to live in undertakings employing a great number of such workers (at least 500). The same officials accompany workers who are being repatriated collectively. Chapter VII of the same Decree deals with the obligations of employers regarding the housing and clothing which must be provided by them to workers in their employment, the medical aid which must be given in case of sickness, provisions for rest periods for women before and after childbirth, the institution of crèches for the children of female workers, etc. Agreements concluded by St. Thomas and Principe Islands with Angola (28 April 1926) and with Mozambique (14 November 1925) also contain very detailed provisions regarding the obligations of employers towards the workers they have engaged and the supervision of their treatment by the Curator in each colony to which such workers go as well as by the representative of the colony of origin, should the latter consider it useful to appoint such a representative (cf. Volume I, Chapter X I , § 2). Similar provisions will be found in the agreement between Cape Verde and St. Thomas and Principe Islands, promulgated by the Legislative Decree of 24 March 1927. REGISTRATION OF IMMIGRANTS AND RESIDENCE PERMITS 389 § 5.—Registration of Immigrants and Residence Permits New arrivals are often obliged to inscribe their names on registers kept by one of the administrative bodies of the country. This is a general police measure taken in many countries with reference to aliens who take- up residence in the territory for a certain period. It should be noted that these measures have become very general since the Great War, and that they take numerous forms but have always similar effects. This declaration of arrival is generally noted on a certificate referred to as an admission, residence, or settlement permit, for which, frequently, a fee must be paid, the rate of which varies from an insignificant sum to a very high figure, sometimes constituting a real tax upon aliens. The fees are frequently different according to the social position of the individuals; in some countries they are lower for workers. A residence permit is generally valid for a short period, only one or two years at most, thus ensuring a regular census and supervision of the alien population and leaving the authorities free to grant or refuse renewal of the permits and thus after entry to eliminate undesirable elements from the population, whether for moral or economic reasons. This last reason for refusing the renewal of the permit is of special interest from the point of view of this study. It is very remarkable to observe that the granting or renewing of the residence permit, which formerly depended almost entirely on moral or political considerations, is now frequently subjept to the economic condition of the country. In a certain number of States at least several classes of residence permits have been instituted, some of which are distributed to aliens living on their own resources, others allowing the holder to take up paid work in the country. The granting and renewing of workers' permits are subject to the state of the labour market, taking into account, however, certain rights acquired by long residence. I t may happen that the registration of alien workers is still more clearly separated from that of aliens who do not engage in any occupation; for example, they may have to register with a separate administrative branch under the control of the Labour 390 THE TREATMENT OF IMMIGRANTS Department and not of the police; the registration of alien workers in Germany is a typical example of this. I t must be noted that in certain countries the necessity for registration applies only to aliens of a certain race, particularly to Asiatics; in other cases the methods of registration differ according to the race to which the immigrants belong. To facilitate the supervision of aliens it is made compulsory for certain persons who are in direct touch with them to make a declaration to the police in order to test and supplement the declaration made by such aliens. Thus hotel keepers and lodginghouse keepers must generally make a declaration of all aliens living with them. With reference to workers in particular it should be noted that certain obligations with reference to them are compulsory for the employers, both on their entrance into employment and on leaving the undertaking. I t is not possible to give in detail the methods of registration in every country. Stress will therefore be laid in particular on the special features of the registration of immigrants, or in default of a definition of the term "Immigrant" on the methods of registration of alien workers. B R I T I S H M A N D A T E D T E R R I T O R Y : Palestine.—No traveller may remain in Palestine for a period exceeding three months. ' He may, however, during that period apply to the Chief Immigration Officer for permission to remain in Palestine for a further period not exceeding nine months, or to remain permanently in Palestine as a n immigrant. (Regulations under the Immigration Ordinance, No. 32 of 1925, No. 2.) Any person who has been permitted to enter Palestine as an immigrant, and who has not furnished the Government with such particulars of a personal nature as may be required, must, within fifteen days of his arrival furnish such particulars to the Chief Immigration Officer. Any traveller who receives permission to remain in Palestine for more than three months must furnish similar particulars within fifteen days of the receipt of such permission. (Immigration Ordinance, No. 32 of 1925, section 7.) F R E N C H M A N D A T E D T E R R I T O R I E S : Togo a n d C a m e r o o n s By the Order No. 71 of 31 January 1927 for the application of the Decree of 30 October 1926, concerning the conditions of admission to Togo and Cameroons, every person of French or alien nationality must as soon as admitted to the Territory and independently of the probable length of his stay make a declaration of his residence in the country and must renew this declaration for every change of residence within the Territory from one district to another. Temporary changes, however, made necessary for traders by the exigencies of business, are not considered as changes of residence. A travelling certificate is given to the persons concerned for this purpose. The alien must notify the authorities when he leaves the country temporarily or permanently. REGISTRATION OF IMMIGRANTS AND RESIDENCE PERMITS 391 JAPANESE MANDATED TERRITORY : South Sea Islands.— By Order No. 3 of 15 February 1925, persons settling in the South Sea Islands or intending to reside there for more than three months must,' within ten days after disembarkation, appear at the office of the local government authorities (or of the competent police authorities) and make a declaration of their nationality, origin, name, date of birth, occupation, and whether married or single; they must also state what servants they have, the relationship of the different members of the family to the head of the household, their domicile or place of residence, the day and year of disembarkation and probable length of stay, while reservists must also state their military rank, regiment and garrison. The same declaration must be made by persons who do not intend to reside for more t h a n three months in the Islands, but whose residence is extended beyond that period. Any changes must be notified within ten days by the party concerned in the case of marriage, divorce, adoption or cancelling of adoption, and in other cases by the head of the household or the employer (sections 1,2, 3, and 4). NEW ZEALAND MANDATED TERRITORY : Western Samoa.— By the Samoan Registration of Europeans Regulations, 1920, the Regis-, trar of the High Court was bound to prepare a register of all Europeans registered as foreigners at the time the regulations came into force (section 2). Any Samoan who was not of pure descent from the Polynesian race might, by way of petition, apply to the High Court for inclusion in the register of Europeans (section 4). In making such an order for registration the Court was to be satisfied : (a) that the applicant, if a male, had attained the age of eighteen, and if a female, had attained the age of fourteen; (b) that the applicant was able to read a printed passage of not less than 100 words in the English language to be selected by the Court ; (c) that the registration of the applicant as a European was consistent with his own interest and the public interest (section 5). ARGENTINA.—The consular certificate with complete personal information, which is collected by the Argentine officials on the entry of immigrants, is kept in the records. {República Argentina, ministerio de Agricultura "Nociones utiles", 1925.) AUSTRALIA.—By the Aliens' Registration Act Suspension Act of 4 J u n e 1926, the Aliens' Registration Act, 1920, which provided t h a t all aliens in Australia should register themselves with the police, is suspended until a date to be fixed by proclamation. AUSTRIA.—The employer who has been granted permission to employ an alien must, within three days, make a declaration of the alien's entry into his employment to the authority which granted him such permission. Employers must demand proof of nationality from individuals whom they take into their service, and must make a report of those who cannot produce the necessary documents to prove that they are of Austrian nationality. Alien workers who wish to show documentary proof of residence ' in Austria since a t least 1 January 1923 must show a document certified in the case of an agricultural worker by the Land Office and for other workers by the Industrial Committee of the district. (Act of 19 December 1925, sections 11 and 12; Ordinance for its application 29 September 1926.) BELGIUM.—The Act of 2 June 1856 on the general census and registers of the population states that the settlement or changes of residence of aliens in Belgium must be reported to the authorities just as changes of residence of Belgian subjects. Two Royal Decrees dated 14 July 1856 and 31 October 1866 state t h a t every alien must make a declaration of residence to the 392 THE TREATMENT OF IMMIGRANTS municipal authorities within fifteen days after arrival, giving definite information regarding his civil status; such information is entered in the book which is given to him and which must be produced within a week after each change of residence. A Circular from the police authorities to the burgomasters dated 20 February 1924 ordered that the municipal authorities must give the new arrival a receipt for his declaration, which is equivalent to a residence permit for four months. After that date if this document has not been withdrawn from the bearer he is granted an identity card which is equivalent to official permission to take u p residence. BOLIVIA.—When an alien has entered Bolivian territory he must, within thirty days after arrival, obtain from the police a residence permit showing his nationality, age, whether married or single, present domicile, occupation and also his finger prints. Failure to register is punishable by a fine. The proprietors of hotels and furnished houses must notify the police if any alien takes up residence there or failing this are subject to the same penalties. The information on the residence permit is kept in a special register. (Decree of 11 April 1922.) In terms of the Act of 20 January 1927, the Immigration Office must keep a register of all immigrants, giving special information regarding each case (section 22). BULGARIA.—The Aliens Residence Act provides that every «lien arriving in the country must make a declaration of his arrival to the police who have power to give him permission for a short stay; for permanent residence the sanction of the Minister of the Interior is necessary. The alien must pay a fee in proportion to the length of his residence. CANADA.—The Chinese Immigration Act, 1923, provides that the Controller must deliver to each Chinese immigrant who has been permitted to enter Canada a certificate containing a description and photograph of the holder, the date of his" arrival and the name of the port of his landing, and this certificate is prima facie evidence that the person presenting it has complied with the requirements of the Act. The Chief Controller and such controllers as are authorised by him to do so must keep a register of all persons to whom certificates of entry have been granted (section 17). The Act also provided for the registration within twelve months of its coming into force of every person of Chinese origin or descent in Canada, irrespective of allegiance or citizenship. Persons so registered were to receive a certificate in the form prescribed (section 18). Alberta.—By the Child Welfare Act, Chapter 4 of 1925, which has been taken as typical of Canadian Acts of this kind (cf. § 4 aboye), all organisations or agents desiring to carry on the work of placing immigrant children in the province are bound to keep a full and complete record of all children they bring in. This record must contain the name of the child, the name of its parents, its place and date of birth and the name of the person, society, or corporation which last had eharge of the child before it became an immigrant child (section 25). Any person who, not being the parent or step-parent, takes into his home any immigrant child, must, within ten days after the reception of the child, notify the Superintendent of Child Welfare stating the name of the child, the date of its reception, and the place from which it came (section 28). The person in charge of an immigrant child must immediately notify the Superintendent if the child deserts from his home or employment or is wrongfully taken from his custody (section 33). CHILE.—By the Act of 12 December 1918, every alien over fourteen years of age must be entered in the special registers kept by the prefect REGISTRATION OF IMMIGRANTS AND RESIDENCE PERMITS 393 of police and must obtain an individual identity certificate provided by the same official. Failure to register renders the alien liable to imprisonment or to a fine in proportion to the length of his delay. COLOMBIA.—Inali the customs offices of the maritime, river, or land transport stations, a register is kept in which is entered the name of every alien entering the country. (Decree No. 48 of 3 November 1920, section 5.) COSTA RICA/—Chinese allowed Rica before 22 May 1897 are entered every permit granted them to leave country. (Decrees of 22 September to reside because they entered Costa in a special register in which is noted the country and every return to the 1911 and 11 December 1924.) CUBA.—Section 3 of the Ordinance No. 743 of 20 August 1910 states that the head of the Immigration Office must in each quarter send to the Minister of Agriculture, Trade and Labour a report containing amongst other things the number and description of all immigrants arriving in Cuba (with reference to the registration of Chinese, cf. Chapter III, § 1, (d)). CZECHOSLOVAKIA.—By the Order of 9 June 1921 and that of 25 October 1923, every alien intending to make only a short stay in the territory is required to make a declaration of this fact to the police within twentyfour hours after his arrival in any municipality. Persons coming to Czechoslovakia with the intention of working must first obtain the sanction of the Central Labour Office 1. DENMARK.—By the Act of 31 March 1926 (section 8), aliens wishing to reside in Denmark for more than three months must obtain special sanction from the Ministry of Justice. Hotel keepers and other persons providing accommodation for aliens must make a declaration to the police with full particulars of such aliens ; all places where aliens reside must be open at any time for police inspection. The Act of 1 April 1912 states that within four days after the arrival of one or more alien workers at their place of destination, their employer must send a written declaration to the chief of the local police, showing : (1) The number of alien workers in his employment, stating which are men, women or children, their nationality, place of origin and, as far as possible, their names; the police then make a note of this information with precise details regarding each one. With reference to minors under sixteen years of age arriving alone, it should, if possible, be stated who are their parents or guardians and where they reside; (2) If the workers are brought or conducted by a foreman or an agent, the name and domicile of those persons; (3) The institution, association or intermediary, alien or national, through which the Danish employer procured the alien workers in question; (4) The length of the agreement entered into with them; (5) The general or special nature of the work for which this agreement has been concluded; (6) The housing conditions provided for these workers. When alien workers change their employment within the country, the employer whose service they are leaving must notify the fact to the police authorities to whom the workers have been declared, and their new employer must send to the police authorities in his district the declaration described above giving also the name and address of the previous employer. 1 Cf. note on p . 191 regarding a recent Act on the employment of aliens. 394 THE TREATMENT OF IMMIGRANTS ECUADOR.—According to the Act of 18 October 1921, aliens who are within the territory of Ecuador are considered either as domiciled or in transit. Those considered as domiciled are : (1) Those who expressly and in writing have notified the police of their intention to settle in the country, and who are therefore entered in the aliens' register; (2) Those who tacitly express their wish by the fact that they have taken up residence. The following are taken as proofs of a wish to take up residence : (a) voluntary and continuous residence for more than a year without being employed by any foreign government; (b) residence along with possession of personal property; (c) residence combined with the exercise of an occupation for a space of six months ; (d) residence combined with the exercise of some trade or the founding of a permanent industry ; (e) the fact of having married a woman of the country and remaining there for six months ; (f) the fact of canying out any duty entrusted to him by the Government of Ecuador or entering into a contract with it the execution of which involves residence in the territory. Since 1922, Chinese domiciled in Ecuador are entered in a special register in each municipality. I n addition to a census of their names, there must be given information regarding their families, their tra.des or occupations, and their finger prints. (Bulletin of the Pan-American Union, J u l y 1922.) ESTONIA.—Every alien wishing to reside in Estonia for more than forty-eight hours must apply for a residence permit within five days after arrival and for a visa when leaving. (Communication of the Estonian Government to the International Labour Office, 6 J u n e 1923.) FINLAND.—By the Order oi: 23 November 1923, every alien intending to remain more than three months in Finland must procure a residence permit from the police officials. This permit is granted for one year as a maximum and must state whether the holder is allowed to travel freely in Finland or not. If he is, he must procure a special travelling permit valid for three months. The authorities may refuse to grant residence permits to aliens or may withdraw them after having issued them. I n exceptional cases the alien may be compelled to reside in a different place from that for which he asked permission. He has, however, the right to appeal to the Minister of the Interior, whose decision is final. The Minister for Foreign Affairs may first of all be asked to give his opinion. By the Order of 23 November 1926 (sections 20-25) residence permits issued to aliens must show whether permission to work in the country has been granted or refused by the Ministry of Social Welfare (cf. Chapter VI, § 1, regarding such permission) ; permission to work may at any time be cancelled by the competent authorities and there is no appeal against their decision. The same Ordinance states that every person providing lodging for an alien must make a declaration of this fact to the local police authoritiesand produce the alien's passport or residence permit. The aliens must always show these documents on demand. FRANCE.-—In accordance with the provisions ofthe Act of 8 August 1893, concerning the residence of foreigners in France and the protection of workers of French nationality, all aliens not yet having obtained permission to reside in France on arriving in a commune with the intention of exercising a trade, business or occupation, must make a declaration of residence before the mayor or the commissioner of police within eight days of their arrival, furnishing REGISTRATION OF IMMIGRANTS AND RESIDENCE PERMITS 395 proofs of identity. Declarations cannot be accepted by the mayor or the commissioner of police if the person by whom they are made has not produced proper documentary evidence of identity as required by the administrative regulations. A register on which foreigners must be inscribed is providedifor this purpose and a copy of the entry in the form of an identity card showing his civil status is delivered to the alien after he has made his declaration and paid the necessary fees. On taking up residence in a new commune the alien must have his certificate visaed by the mayor or t h e ' police commissioner at his new place of residence. The Labour Code (section 64 (a)) prohibits all persons from knowingly employing an alien who is not in possession of a certificate in accordance with the Act of 8 August 1893. The Decree of 2 April 1917 also adds, as regards aliens who intend to spend more than two months in Prance, the necessity of obtaining an identity card instead of a copy of the entry in the aliens' register. I n terms of this Decree, amended by various later Decrees, the most important being under the dates 9 September 1925, 30 November 1926,. 20 January 1927 and 15 May 1927, supplemented as regards the fee to be paid by the Budget Acts and by various Decrees for the application of these latter Acts 1, the following provisions are at present in force for the whole of Prance, including Alsace-Lorraine, and for Algeria. The administrative methods for the application of these Decrees have been laid down in a Circular of the Minister of the Interior dated 31 December 1926 and a Circular of the Minister of Labour dated 5 February 1927. According to all these texts an alien over fifteen years of age intending to reside in Prance for more than two months must apply for an identity card within forty-eight hours after arriving in his place of residence and must fill up an individual questionnaire giving all information regarding his name, Christian names, parentage, nationality, last residence, whether single or married and his occupation, and must produce authentic documents in proof of his statements. He must also provide four photographs. If the alien wishes to settle in Prance permanently he must give the names of two French citizens who will be responsible for him. A copy of the questionnaire is kept at the Prefecture of the Department which issues the card; the other is sent to the Central Service for Identity Cards under the Minister of the Interior. The identity card which is issued reproduces the statements made on the questionnaire and must be visaed on every change of residence 2 within forty-eight hours after arrival in the new place of residence ; a note of such change is kept in a special register in each commune and notice of the change of residence is also sent to the Prefecture of the Department, and from there to the Central Service of the Minister of the Interior. The identity card is equivalent to a residence permit and is valid for two years or fractions of a year 3; at the end of this period it must be renewed, as expired cards have no value . Cards for a limited period are also granted to seasonal workers. According to instructions issued by the Ministry of the Interior, dated 31 December 1926, and the Circular of the Minister of Labour of 5 February 1927, there are four types of identity card; a card without any special stamp; a card stamped "worker", issued to aliens of any occupation who draw a salary of over 18,000 francs per year ; for workers 1 The provisions of all those Decrees have to a great extent been consolidated in two recent Decrees dated 20 January 1928, the one referring to the alien's identity card and the second to the rates of the fees to be paid for obtaining this card. Certain provisions of the former Decrees, however, remain in force even although they have not been repeated in the new texts. 2 The Decree of 20 January 1928 regarding identity cards adds that the card must alsobe visaed before departure (section 3). 3 The card must be shown on request. (Deoree of 20 January 1928, section 4.) 396 THE TREATMENT OF IMMIGRANTS with a smaller income two types of card are employed, one stamped "agricultural workers", if they are engaged in agriculture, and the other stamped "industrial workers" if the holder is engaged in any other occupation. Alien workers arriving at any immigration office or frontier post, in possession of a contract of employment recognised as valid under the conditions of the Act, are provided with a safe conduct to the place of employment. Within forty-eight hours of arrival in that place they must appear with this safe conduct and fulfil the genera] formalities for registration which have been discussed above. Those who have not passed through any frontier post or immigration office must, for the purposes of registration in their place Of residence, prove that they are in possession of a legally valid contract of employment under the conditions laid down by the competent ministry. The identity card is never issued to alien workers except after a satisfactory enquiry by the prefecture. A fee is collected for the issue or renewal of the identity card ; the amount of this fee has been frequently changed, but the Finance Act of 26 March 1927 (sections 88-90) has finally fixed the full fee at 100 francs, while 20 francs has been fixed as the fee for those persons who, in terms of the Decree of 30 November 1926 (section 15) supplemented by the Decree of 20 January 1927, are granted a reduction in th e rate. These are the individuals belonging to the following categories : (a) parents oí a French child ; (b) students and scholars of all kinds; (c) learned persons belonging to the staff of any foreign university or academy; (d) writers (authors or journalists) who have a certificate from the Minister of Education or from a corporative association; (e) paid workers in possession of a contract of employment visaed by the competent Ministry and drawing an annual wage of under 18,000 francs (1,500 francs per month or 60 francs per day); farmers and métayers cultivating their land themselves and not generally employing any labour outside their own family (spouse, parents or children). Complete exemption from the fee is granted to aliens who in the course of the last wars (1870 and 1914) served as volunteers in the French Army, and to indigent persons. The spouse, father, mother and minor children of persons granted this reduction or exemption enjoy the same rates (unless their own personal position renders them subject to the payment of the whole fee) '. The alien who has been granted a reduction in the fee as belonging to one of the favoured classes, but who takes up an occupation for which such reduction is not provided, must apply for a new identity card for which the full rate will be charged. His family is subject to the same obligation. Aliens in possession of the identity card for agricultural workers must, on changing to industry or any other occupation, apply for a new card and show their contract of employment visaed by the competent authorities. For purposes of supervision it is provided in the same Acts t h a t owners of houses, hotel keepers, lodging-house keepers, etc., must report to the police within twenty-four hours the presence of any aliens dwelling in their houses or establishments. I n terms of the Act of 11 August 1926, supplementing section 64 of the Labour Code, employers must also notify the police when they engage any alien worker and must make certain before engaging him that the alien is provided with an identity card which is in order (cf. Chapter VI, § 1). Identity cards are stamped expeditiously by means of stamps which are immediately obliterated and the authority who issues or renews them takes complete responsibility. Any erasure, surcharge, counterfeiting or irregular use of the identity 1 The provisions of these texts have been repeated in the Decree of 20 January 1928, except the clause referring to total exemption for indigent persons; further, the reduction or exemption is no longer granted to the families of all those who enjoy the reduced rate, but only to the families of wage-earners. REGISTRATION OF IMMIGRANTS AND RESIDENCE PERMITS 397 card renders the guilty person liable to expulsion, apart from any other penal sanction which may be enforced. As the identity card is not demanded from aliens residing in France for less than two months, seasonal workers coming to France for a period of less than two months and persons living beyond the frontier but working in France are not required to possess an identity card. Algeria.—It has been seen above that the Decrees concerning aliens' identity cards apply in Algeria under the same conditions as in France. Morocco.—An Order of the Governor-General dated 15 January 1924 makes it compulsory for all aliens entering the French Zone of the Empire of the Shereef to comply with the formalities for registration or declaration of residence which are demanded by the Ordinance of 13 November 1914. I n terms of this Ordinance of the Governor-General, the provisions of which are thus brought into force again, aliens residing in the French Zone and subjects of States which still enjoy the privileges of the system of capitulations must, within a period of six days after their disembarkation, comply with the formalities of registration at their respective consulates. Subjects of States who have' renounced their right to the enjoyment of the capitulations must make their declaration of residence under the conditions laid down by the French authorities. It is stated that in terms of the Agreement between France and the Swiss Confederation, citizens of Switzerland must register, without exception, at the French Consulate. Any person neglecting to carry out these formalities is liable to proceedings by the military authorities. Tunis.—By the Decrees of 13 April 1898 and 24 July 1916, every alien wishing to take up residence in Tunis or carrying out any occupation there must, within a period of five days, make a declaration of residence and supply proof of his identity. The declaration must bear the alien's name and Christian names, those of his parents, his nationality, place and date of birth, last place of residence, occupation and means of subsistence. The declaration must be made for each person, even for different members of the same family, with the exception of children under sixteen years of age. Children of persons who have immigrated must make this declaration on attaining the age of sixteen years. A copy of the entry in the register is issued to the person making the declaration and in case of change of residence the alien concerned must have his registration certificate visaed within two days. Every person employing an alien who has not complied with these provisions is liable to a fine or even to imprisonment. Colonies.—A distinction must be made between the registration of "aliens" coming as voluntary immigrants (Europeans and similar persons) and the registration of native workers, referred to as "immigrants", arriving in the country under a contract of employment, or even coloured persons immigrating voluntarily, since the methods of registration in most colonies differ considerably for these classes. (a) In West Africa and Madagascar the registration of "aliens" (that is to say, Europeans and similar persons) is subject to almost the same formalities in each case as are customary in the mother country. Every alien over fifteen years of age must register on entering the territory. Every alien who wishes to engage in any occupation or who takes up his residence in the territory for a period exceeding six months must also apply for an identity card to the authorities of the district in which he is to reside and on obtaining the card must have it visaed at the beginning of each year of residence and must pay a fee in each case. Any alien to whom this card or the annual visa is refused must leave the territory within a period fixed by the Governor-General. Only diplomatic or consular representatives with their families and aliens in transit residing for less than six months, are exempt from the necessity 398 THE TREATMENT OF IMMIGRANTS for obtaining an identity card. Aliens engaged in any trade, industry or' liberal profession subject to a licence, must make a declaration to this effect to the local authorities and must notify them of any change in the seat of their industry or occupation. Special sanction from the Governor is required by persons of alien nationality wishing to undertake certain occupations : immigration or emigration agencies, printing, trading in gold, precious stones, etc. (Madagascar, Decree of 26 August 1925; French West Africa, Decrees of I August 1921, 28 April 1923, 24 January 1925 and 5 March 1927.) I n West Africa these provisions have been made to apply to natives of adjacent colonies by the Decree of 17 March 1922. I n French Equatorial Africa an Order of 9 November 1914 states that every "alien" who wishes to settle in the colony must, within eight days after arrival, make a declaration to the authorities giving all information regarding his identity, his last residence, his occupation and his means of existence. This declaration may be made by the head of the family for his wife and minor children when they accompany him ; documentary evidence must be produced. An Order of 25 May 1925 states that the declaration mentioned above must be made at the office of the head of the district of Pointe Noire by every alien disembarking there and not in possession of an agreement with any company having its seat in the country. The Act of 2 October 1888 regarding the registration of aliens in France was made applicable to Guiana by the Decree of 28 November 1896. I n the Establishments in Oceania the Decrees of 4 December 1903 and 22 April 1921 instituted the same system for the registration of "aliens" as that set up in France by the Decree of 2 October 1888. A copy of the entry in the register is given to the person making the declaration and serves as a residence permit. The local authorities fix the fee to be paid. I n Indo-China an Order of 7 April 1904 made "aliens", other than Asiatics, subject to provisions similar to those of the Decree of 2 October 1888, establishing the system for the supervision of aliens in France. According to this Order these aliens must, within fifteen days after arriving in their place of residence and on every change of residence, make a report giving all information regarding their identity, occupation and means of existence. (b) With regard to the entry into the colonies of "immigrants" subject to the system of regulated immigration, that is to say, individuals of Asiatic or African race coming under a contract, the formalities of registration are as follows : in Guiana, Réunion, Guadeloupe, Madagascar, Mayotte and Nossi Be, and in the Establishments in Oceania, immigrants recruited collectively in groups before being sent by the recruiting agent to the person engaging them, are inscribed by the immigration commissioner of the port of immigration, in a register known as the General Register, containing the name of the immigrant, of his father and mother, and his possible heirs, stating their domicile, the description of the immigrant concerned, his place of birth or origin, the place from which he was recruited, the name of the ship which brought him, as well as of the captain, the date of his arrival in the colony, the name and domicile of his employer, and the conditions of his engagement. A duplicate copy is sent to the Central Immigration Office or to the officer of the district in which he is residing. The immigrant receives an identity or registration card which serves as a passport to the interior of the colony. This card is issued without fee and must be shown on demand. A book containing all the information from the register is handed to the employer and a duplicate to the immigrant. The employer must pay a fee. On the expiry of their period of engagement, the immigrants introduced under the system of regulated immigration, may, if their conduct has been satisfactory, obtain a permit for unrestricted residence i.e. without a contract, authorising them to live in the colony, even though not under a contract of employment. This permit for unrestricted residence may be recalled at any time by the Governor-General during a certain number of REGISTRATION OF IMMIGRANTS AND RESIDENCE PERMITS 399 years (generally five years), but after this period it may not be withdrawn. The immigrant who is admitted to residence in the colony enjoys all civil rights and these rights extend also to his wife and minor children. He is not subject to any special taxes or dues. He is, therefore, in every respect in the same position as a native of the colony. (Establishments in Oceania, Decree of 24 February 1920, sections 20-22 and 98-99; Guadeloupe. Decree of 30 June 1890; Guiana, Decree of 13 June 1887; Reunion, Decree of 27 August 1887; Madagascar, Decree of 6 May 1903, sections 20-22 and 98-99; Mayotte and Nossi Be, Decree of 2 October 1885.) In Madagascar also the group system instituted previously in IndoChina (cf. below) was established by the Decree of 17 August 1923. I n the terms of this Decree, which makes no distinction between voluntary immigrants and those coming under contract, Asiatic and African immigrants, whether French subjects or aliens, may under certain conditions fixed by Order of the Governor-General, in the Administrative Council, be obliged to belong to certain groups (Congrégations). On arrival immigrants must ask to be attached to groups in the province in which they wish to settle ; the groups may refuse to admit applicants if they do not wish to be responsible for them. The latter are placed under the supervision of the police, and are assigned a place of residence (section 1); In New Caledonia, an Order dated 10 May 1920, states that immigrants of all classes, that is to say, Javanese workers who, as a result of an Agreement between the countries concerned, are subject to a special system, as well as natives coming from other colonies who are granted a permit of unrestricted residence, must every six months bring their residence permits to the Immigration Office at Noumea to be visaed by the officers of the various districts. Failure to comply with this regulation renders the immigrant liable to a fine for the first two offences ; at the third offence his permit is withdrawn. Any immigrant whose conduct or means of existence are illegal, or who is convicted for a misdemeanour or crime, or who has given rise to repeated complaints, may have his residence permit withdrawn. With reference to the colonies and protectorates of French Indo-China, an outline of the system tö which Asiatic aliens immigrating to that colony are subject, has been given above (Chapter I I I , § 1, (d)). This system, known as the Group System, makes it compulsory for Asiatic aliens to belong to a group fixed according to their place of origin. I n Cochin-Chma, the leaders of groups must keep a list of the names of their members, with a note as to the payment of taxes, any changes, disappearances, etc., which may have occurred. These lists must be submitted every three months to the Chief of the Immigration Service, to be verified. A provisional residence permit is given to the Asiatic immigrant on his arrival in CochinChina, when he is attached to a group. Within a period of thirty days, the Asiatic immigrant, accompanied by the leader of his group, must appear before the Immigration Service in Saigon or Cholon, or before the Administrator of the province. His permit is then replaced by a residence permit, on which is entered information regarding him, and his registered number. These residence permits are valid for one year only, and must be renewed during the first three months of each year. The Administrator of each province keeps a list of all Asiatic aliens within his district. The wives and daughters of Asiatic aliens receive a permanent individual permit free of charge on arrival. An individual permit is also granted to boys free of charge, but must be renewed every year until they are liable for payment of taxes. Every change of residence of an Asiatic alien must be reported to the leader of his group, who gives the alien a certificate showing the new domicile which he has chosen, and certifying that he has paid all sums due to the Treasury; the certificate must also show the number of his residence permit. The immigrant must present himself to the authorities of the place where he is inscribed, provided with these documents, to have his certificate visaed, and to hand in his residence permit. Within a further period of thirty days he must, along with the leader of his new 400 THE TREATMENT OF IMMIGRANTS group, appear before the authorities of his new place of residence. During this period, the residence permit has been transferred by the authorities from one place to the other, the change is noted on it, and the permit is returned to the immigrant in exchange for his certificate. All information concerning Asiatics (changes, deaths, etc.) is transmitted to the Central Immigration Service. Asiatics'engaged by a recognised European settler, and provided with a contract in due form with this settler, also receive after thirty days a card entitling them to take up residence, known as the Worker's Card (carie d'engagé). The employer must earry out all the formalities and obligations imposed by the Administration on the leader of the group. (Decree of 16 October 1906, sections 10-18, 16-19, 21-25.) Similar provisions were established in Cambodia by the Order of 15 November 1919. I t is also specified by the same Order that Asiatic aliens of the first three taxation categories are inscribed on a special nominal roll. They receive a special identity card, giving them the right to disembark freely from the ships on which they take passage, along with their families, simply on presenting this card, and to travel freely throughout IndoChina without the necessity for a passport. In Tongking, an Order of 12 December 1913 states that the payment of the head t a x , to which Chinese are subject, gives every Chinese immigrant inscribed as a member of a group the right to obtain a residence permit renewable every year. In the whole of Indo-China, the special head tax, or personal tax, to which Asiatic aliens or similar persons are liable, is calculated in proportion to the category to which the immigrant belongs, the group being responsible for the payment of the tax. There are seven categories for taxation, and the head tax varies from 150 to 8 piastres. There are, however, certain exemptions. In Annam children under fifteen years of age, persons over sixty-five years of age, women and disabled persons, are exempt from the head tax. In Cambodia, exemption is granted to women and girls, men over sixty years of age who are recognised as being incapable of earning their living, and to Asiatics of the sixth category over sixty years of age who have resided in Cambodia for fifteen years, as well as Asiatics employed in undertakings belonging to Europeans, or similar persons, subject to the regulations laid down in the Order ot 8 March 1910 concerning native labour. (Order of 22 September 1920.) GERMANY.—The registration of alien workers is not practised on uniform lines in the different States (Länder). I n Prussia the Ordinances of 1 December 1907 and 30 December 1908 make it compulsory for alien workers coming to seek employment in Germany, to obtain an identity card issued by the Central Office for Workers (Arbeiterzentrale). The majority of the States have adopted this method, but Bavaria has never introduced the system, and since 1924 the States of Baden, Saxony, Wurtemberg and Hamburg have abandoned it for alien industrial workers 1. This card is drawn up when the alien shows his papers; it must bear a photograph of the. holder and all information regarding his identity, as well as the name of the employer who has engaged him. From the same sources the Central Office for Workers draws up and keeps a form relating to each worker. The identity cards are renewed every year. I n terms of the Federal Ordinance of 2 January 1923 (section 4), the provisions of which are confirmed, apart from certain administrative amendments by the Ordinance of 20 September 1927, the firms which are permitted to employ aliens may engage only such alien workers (cf. the legal definition of this term in Chapter I I , § 1) as are in possession of this card. At every change of employment the card must be signed by the employer 1 Communication from t h e Federal 3'Jmploymcnt Office, May 1926. REGISTRATION OF IMMIGRANTS AND RESIDENCE PERMITS 401 or, in certain cases, by the public employment office. For the first employment until the regular identity card has been obtained, it is sufficient to present a passport duly visaed, or a safe conduct (Reiseausweis) from the Central Office (cf. Chapter III, § 2). GREAT BRITAIN.—In accordance with the Aliens Order, 1920, every alien must as soon as possible furnish particulars concerning himself to the registration officer of the district in which he is resident, and must produce to the registration officer either a passport furnished with a photograph or some other document satisfactorily establishing his nationality and identity. H e must furnish particulars of any circumstances affecting in any manner the accuracy of the particulars previously furnished by him. He must if he is about to change his residence furnish particulars as to the day on which his residence is to be changed and as to his place of residence, and he must within forty-eight hours of his arrival in the registration district into which he moves, report his arrival to the officer of that district. If at any time he is absent from his residence for a continuous period exceeding two months, he must report to the registration officer of the district of his residence his current address and every subsequent change of address. If an alien has no residence in the United Kingdom, he must report to the registration officer of every district in which he stays for more than twenty-four hours. If he gives the name and address of a British subject who is a person of respectability, the alien is deemed to be resident at his address and the provisions of the Aliens Order apply accordingly (section 6). I t is the duty of any person with whom an alien is lodging or staying to take steps either by giving notice to the registration officer of the presence of the alien in his household or otherwise to secure compliance with the terms of the Order in respect of the registration of or reporting by the alien (section 7). The Secretary of State may by Order impose on any alien or class of aliens such restrictions as to residence, reporting to the police, registration, etc., as he may deem to be necessary for the public interest (section 11). Colonies.—The laws of thè British colonies which regulate the immigration of foreign labourers provide for their registration, by the officer administering the Acts, of all contracts of service made with such labourers. Thus in Brunei every employer who engages locally an Indian immigrant to labour must ascertain the name and particulars of his last employment, and inform the Controller of Labour, who must keep a register of such statements. (Indian Immigration Enactment, 1924, section 23.) By the Labour Codes of the Federated Malay States and Johore, every employer of Indian labourers who in any State of the Malay Peninsula under British protection engages an immigrant to labour at any of the employments mentioned in Chapter IV, § 1, must ascertain the name and particulars of the last employment of the labourer, and must, within seven days of his arrival at the place of employment, forward to the Controller a statement in duplicate. A register of such statements must be compiled by the Controller, and is open to public inspection. In the Federated Malay States these provisions do not apply to : (a) the first engagement after his arrival from India of an immigrant who has received a free passage from India and who has not entered into a promise in India to labour on any particular place of employment. The employer must in such cases within seven days after the arrival of the immigrant upon the place of employment present or forward to the Controller the certificate issued to the immigrant by the Emigration Commissioner or Assistant Emigration Commissioner in India; (b) the engagement of a •dependant of a labourer resident on the same place of employment as the labourer by the same employer. (Federated Malay States : Labour Code, JVo. 18 of 1923, section 54. Johore : Labour Code, No. lOof 1924, section 54.) 26 402 THE TREATMENT OF IMMIGRANTS In the Federated Malay States and in the Straits Settlements by the Netherlands Indian Labourers Protection Enactments, the Superintendent of Netherlands Indian Labourers is bound to keep a register of all contracts of service made with such labourers in the State. (Federated Malay States : The Netherlands Indian Labourers Protection Enactment, 1909, section 11. Straits Settlements : The Netherlands Indian Labourers Protection Enactment, 1908, section 11.) The Immigration Agent-General in British Guiana is responsible, for the registration of all immigrants when they arrive in the colony, and of their allotment to the different employers. A register must be kept of all marriages and divorces among immigrants. The Immigration Agent-General must note any transference of an indenture, and must register all certificates of exemption from labour. (Immigration Ordinance, 1891, sections 52, 140-143, 163, 189.) Further, by the Non-Asiatic Immigration Ordinance, No. 10 of 1890 (section 10), it is provided that a register should be kept by the Immigration Agent of all non-Asiatic labourers engaged, and the Immigration Agent must keep a register of all labourers introduced under the Ordinance (section 26). Similarly, in Jamaica the Protector of Immigrants is obliged to keep a register of all immigrants arriving in the island. (Immigration Protection and Regulation Law, No. 23 of 1879, sections 29, 87.) The law of the Unfederated Malay State of Kelantan provides that every District Officer shall keep a register of all employers who have ten or more labourers, other than Kelantan Malays, within the limits of his jurisdiction. (Labour Contracts Amendment Enactment, No. 2 of 1917, as amended by No. 3 of 1917, section 23.) Employers of immigrant labour are obliged in the following colonies to make periodical reports to the Government of the births, deaths, cases of sickness, unlawful -absences, desertions and arrests occurring among the immigrant labourers they employ. (Brunei : Idem, section 44 provides for a half-yearly report. Federated Malay States : Netherlands Indian Labourers Protection Enactment, 1909, section 24 provides for a monthly report. Straits Settlements : Netherlands Indian Labourers Protection Enactment, 1908, section 24 provides for a monthly report. Unfederated Malay Stales; Kedah : Indian Immigration Enac tment, 1328 1 , section 12. Kelantan : Indian Immigration Enactment, No. 18 of 1910, 1section 13. Perlis : Tamil Immigration Fund Enactment, No. 3 of 1329 , section 7; Indian Immigration Enactment, No. 2 of 1329 1, section 13.) I n the colonies of Jamaica, the Federated Malay States, the Straits Settlements and the Unfederated Malay State of Johore the returns made by the employers must show the nature of the work done by each immigrant during the period, and the wages earned. Federated Malay States : Labour Code Enactment, No 18 of 1923, section 125. Jamaica : Immigration Protection Amendment Law, No. 20 of 1891, section 23. Straits Settlements : Labour Code, No. 14 of 1923, section 115. Unfederated Malay States; Johore: Labour Code, No. 10 of 1924, section 125.) Employers are also obliged to keep books written up to date showing these particulars and these books are open to inspection at any time by the authorities. (Brunei : Idem., section 69. Federated Malay States : Labour Code, No. 18 of 1923, section 124; Netherlands Indian Labourers Protection Enactment, 1909, section 23 (1). British Guiana: Idem, section 210. Jamaica: Immigration Protection and Regulation Law, No. 23 of 1879, section 87. Straits Settlements : Labour Code, No. 14 of 1923, section 114; Netherlands Indian Labourers Protection Enactment, 1908, section 23 (1). Unfederated Malay States; Johore : Labour Code, No. 10 of 1924, section 124. Kelantan : Labour Contracts Amendment Enactment, 1 Mohammedan era. REGISTRATION OF IMMIGRANTS AND RESIDENCE PERMITS 403 No. 2 of 1917, as amended by No. S of 1917, section 24. Perlis : Tamil Immigration Fund Enactment, No. 3 of 1329, section 7.) I n Trinidad and Tobago provision is made for the registration of immigrants as follows : (1) the allotment of each immigrant on his introduction into the colony; (2) his absences on leave or desertions from the plantation; (3) marriages, whether effected before or after arrival; (4) births and deaths of immigrants on the plantation; (5) cases before the Magistrate ; (6) hospital register. (Immigration Ordinance, No. 26 of 1916, sections 62, 149, 162, 172, 229.) The law of Jamaica, No. 15 of 1905 (section 2), amending the Immigration Protection and Regulation Law, 1879, provides that every Indian immigrant who has served the full time of his indenture, and has received a certificate of industrial service, which is granted after ten years' residence on the island, must report his place of residence once at least every three months at a police station or in writing to the Protector by registered letter. I n Sierra Leone every alien landing in the colony and intending to register there must, within fourteen days of landing, register with the registration officer of the district in which he is residing. If a n alien changes his residence, he must notify the registration officer to that effect, and report his arrival to the registration officer of the new district within fourteen days of his arrival there. Every alien who lands in the colony without intending to reside there must, within fourteen days of landing, attend at the office of the registration officer, and supply particulars of name, nationality, occupation, date of arrival, etc. A registered alien receives a certificate which he must produce when required to any registration officer or constable. A registered alien must give notice to the registration officer before leaving the colony. (Aliens Registration Order, No. 12 of 1924, section 4-10.) In the Straits Settlements the law provides for the registration of every alien within forty-eight hours of the commencement of his residence in the colony. Any change in any of the particulars furnished must be notified t o the Chief Police Officer within forty-eight hours after the change has occurred. (Registration of Aliens Ordinance, No. 160, section 4.) GREECE.—By the Ordinance of 23 June 1927, every alien over eighteen years of age intending to reside in Greece for more than thirty days must, before the thirtieth day after his arrival, apply to the office for the supervision of aliens or to the police authorities for a residence permit valid for three months from the date of arrival in Greek territory. The Minister may by Decree prolong the validity of the residence permit or withdraw it. Aliens over eighteen years of age intending to settle permanently must apply for an identity card at least one month before the expiry of the residence permit mentioned above. This card, which is equivalent to a settlement permit, is issued by the local offices appointed by the Minister of the Interior. I t is valid for two years and may be renewed. The alien who changes his place of residence for more than two months must inform the supervisory office or the local police in his new place of residence. The keepers of hotels, boarding houses, sanatoriums and, in general, all those lodging aliens, must inform the authorities within twenty-four hours of the arrival or departure of such aliens. All aliens in residence must inform the competent authorities of any change in their civil status (as a result of a change of nationality, name, occupation, or through marriage or births), and the same obligation is imposed on the authorities who, in the course of their duties, become cognisant of such changes. GUATEMALA.—-Every immigrant arriving in the country must report within eight days to the chief of police in the capital or to the police commissioner in a Department. Failure to comply with this formality renders the immigrant liable to the penalties laid down in the Aliens Act 404 THE TREATMENT OF IMMIGRANTS and its amendments. and 33.) (Decree No. 875 of 15 September 1924, sections 32 HAITI.—By the Aliens Residence Act of 26 J u l y 1922 every alien arriving in a commune of the Republic of Haiti must, within three days, notify his residence to the police officials of the commune, giving his full name, the names of his parents, his nationality, last residence, occupation and means of subsistence, stating whether he has already been in Haiti and, if so, how often, whether he is married and, if so, giving the names, ages, etc., of his wife and minor children if they are accompanying him. All this information is entered in a special register, an extract from which is given to the immigrant on payment of a fee. HUNGARY.—By Ordinance No. 200000 of 25 April 1925, aliens intending to remain permanently in the country must make known their intention to the authorities within fifteen days of their arrival, giving proof of their identity and nationality, and producing, if necessary, a certificate of character. Aliens who have previously obtained a residence permit and those who have resided within the present frontiers of Hungary since J a n u a r y 1914 may procure a new certificate without further formality unless they belong to one of the categories for whose expulsion the Ordinance provides (cf. Chapter X , § 2). All residence permits are granted for a special district and are valid for one year, after which they may be renewed for a limited or unlimited period. They may be withdrawn a t any time. Only aliens in possession of a residence permit may obtain permission to settle in the country. Tourists residing in Hungary may remain for two months without special permission, but hotel keepers and lodging-house keepers must report within twenty-four hours to the police authorities the arrival of any alien in their establishments. INDIA.—Every alien arriving in a port in British India must, if the local regulations order that the arrival of aliens should be reported, present himself either to the police commissioner or to the judge of the district or to any other official who is competent to register the declaration of arrival of aliens. I n certain cases it is necessary to obtain a permit to travel in India. I R I S H F R E E STATE.—The Aliens Order, 1925, Part I I , provides t h a t an alien must furnish to the registration officer of the district in which he is resident particulars inter alia as to nationality, occupation, date and mode of arrival in the Irish Free State, Great Britain or Northern Ireland, address of last residence outside the Free State, address in the Free State, particulars of passport, signature and finger prints if required. On effecting any change of residence from one registration district to another, he must inform the registration officer of the district he is leaving and must within forty-eight hours of his arrival in the registration district into which he moves report his arrival to the registration officer of that district (section 6 (1)). The above provisions do not apply to any person under the age of sixteen years or to any other alien until he has been in the country for two months or to an alien seaman whose ship remains a t a port and who does not land for discharge (section 6 (5), 7). ITALY.—By the Legislative Decree concerning public safety dated 6 November 1926, aliens must report within three days after their arrival in the Kingdom to the police authorities of the place where they are living, and make a declaration of residence. The same step is compulsory for REGISTRATION OF IMMIGRANTS AND RESIDENCE PERMITS 405 aliens every time that they change their residence to another commune, except for tourists who have come for a period of less than two months; they are required to make only the first declaration. The Act provides that regulations may be issued stating the cases in which aliens may be exempted from appearing personally to make this declaration. The authorities may at any time ask aliens to show their documents and to give an account of their conduct. When there is any reason for suspecting the identity of an alien his finger prints may be taken (sections 143-145). Employers must report when any aliens take up duties or leave their service, but this declaration does not exempt the alien concerned from making a personal declaration (section 146). J A P A N : Formosa.—Ordinance No. 68 of 24 September 1904, amended by Ordinances No. 25 of 1915 and No. 198 of 1920 concerning Chinese workers, provides that immediately after disembarking the Chinese worker must lay before the competent authorities his transport certificate which will be exchanged for a disembarkation permit allowing the holder to reside or to work in any part of the island. The worker must always carry his disembarkation permit with him. Chinese workers wishing to leave the island must return these permits to the authorities. MEXICO.—The personal identity card issued to immigrants by the Mexican consul in the place of departure (cf. Chapter I I I , § 2) is visaed when he enters the territory, and serves as a residence permit for the immigrant who has been admitted. (Migration Act of 1926, sections 28 and 37.) NETHERLANDS.—Aliens on entering the country must prove their identity to the chief of police, either by means of a passport or (in some other way. Those who wish to reside temporarily in the country receive a residence certificate for a period of three months, and the police must inscribe their names on the residence register. Those who wish to settle in the Netherlands must be inscribed in the population registers. (Act for the Regulation of the Admission of Aliens to Residence and their Expulsion, 1849.) Colonies.—(a) In the East Indies with reference to aliens other t h a n "Orientals" 1 the disembarkation permit necessary for entry to the country (cf. Chapter I I I , § 2) is exchanged on arrival for a n admission certificate, but, while the permit may be for the whole family (husband, wife and minor children), the admission certificate is individual and one must be issued t o the wife of the holder of the permit and to each of his children. The disembarkation permit issued to a first- or second-class passenger brought by one of the shipping companies mentioned in the Ordinance of 29 November 1917 (I.S. 1917, No. 693) and its amendments serves as an admission certificate if the parties concerned are not legally liable to be rejected. The admission certificate may be refused if the person seems undesirable from the point of view of peace and order or if he is unable to support himself and his family or does not present acceptable guarantees of morality or does not belong to the admissible categories. Refusal of the admission certificate results in the expulsion of the applicant. The admission certificate is valid for two years and may be extended for one year. Changes of residence must be notified; as a rule, the issue of a certificate is subject to the payment of a fee of 100 florins by the head of the family, raised to 150 florins if the disembarkation regulations have not been strictly observed by the immigrant. (b) Individuals of "Oriental" origin who, if arriving under contract, are subject to the system of regulations for natives of the colony must demand an 1 Cf. the definition oí this term, Chapter II, § l. 406 THE TREATMENT OF IMMIGRANTS admission certificate if they enter the colony under any other circumstances: On the expiry of their contract of employment, provided they apply within a month before the contract ends, individuals of "Oriental" origin who have entered under the contract system may obtain from the head of the local administration an admission certificate permitting them to remain as voluntary immigrants. Similarly, a permit of unrestricted residence may, a t the discretion of the same official, be granted to workers employed on tobacco plantations who have cultivated a plot of ground on their own account for a whole season. (Regulations of 29 November 1917 (I.S. 694) and later amendments.) Surinam.—The registration of immigrants brought collectively to the colony at the expense of the Immigration Fund is carried out by the AgentGeneral and the district commissioners. NEWFOUNDLAND.—The Assistant Collector of Customs and such sub-collectors as are authorised so to do, each keep a register of all persons to whom certificates of entry have been granted. (Consolidated Statutes of Newfoundland, 1916, Chapter 79—"Of the Immigration of Chinese Persons", section 7.) NEW ZEALAND.—The Registration of Aliens Act, 1917, provides for the registration of all persons of the age of fifteen or over who are not British subjects (sections 2 and 4). The Government Statistician is charged with the duty of compiling and keeping the register. Annual registering is effected by registration officers (mostly police officers) throughout the dominion (section 7). Upon receipt of an application for registration the registration officer issues a certificate of registration and forwards the application in duplicate to the superintendent of police for the district, who files one copy and sends the other to the Commissioner of Police for transmission to the Government Statistician (section 6). Registered aliens are required to notify all changes of address (section 10). (Regulations 5 November 1917.) NORWAY.—Every alien arriving in the country to take up employment or to reside permanently must, before commencing work and not later than six days after arrival, report to the police of his place of residence. An alien entering the country without the intention of remaining permanently but who is still in the country after two months must then report to the police. The decision to grant a residence permit is left to the discretion of the chief of police and it may not be granted for more than one year. However, when an alien has resided in the kingdom for more than two years he may be granted a permit for an indefinite period. For aliens coming to work in Norway, the grant of a residence permit is subject to the possession of a labour permit. ,i. A residence permit may be refused for certain special places or may be granted only for one specified district. When the alien wishes to change his place of residence he must report the fact to the commune before leaving and must report to the authorities of his new residence within six days after arrival. The police has power to refuse or grant him permission to reside in this spot. I t has also power to decide whether a residence permit shall be renewed. Every alien wishing to leave the country must notify the fact before departure. When a residence permit is given for an indefinite period, the person concerned is given a residence book or, for a limited period, is given a declaration certificate; a fee must be paid when the residence permit is issued. This permit may be withdrawn at any time. (Act of 22 April 1927, sections 5-12.) PANAMA.—Chinese who have obtained permission to reside in Panama must be entered in a special register showing their names and Christian REGISTRATION OF IMMIGRANTS AND RESIDENCE PERMITS Jd07 names, age, occupation, employment, place of domicile, along with their description, photographs and finger prints and the names of their wives and children, if any. They may not leave the country, except in special circumstances (cf. Chapter I I I , § 1, (d)) and with special permission on pain of losing their right of domicile. In case of short absences, their residence certificate must be deposited at the Ministry of Foreign Affairs and is exchanged for a return certificate giving all the information mentioned above. (Decree No. 63 of 18 September 1923, sections 15 and 16, and Act No. 13 of 1926, sections 3 and 14-16.) Failure to register is punishable by penalties (cf. Chapter I I I , § 1, (d)). PERU.—In terms of the Presidential Decree of 15 April 1922, every alien living in Peru must register with the Passport and Alien Service which keeps a register of aliens ; this is through the local police officials. He is then granted a residence permit on payment of a fee of £1. These formalities must be carried out within three months after the arrival of the immigrant in the capital or within six months in the rest of the country on pain of a fine of 100 Peruvian gold pounds. POLAND.—In terms of the Ordinance of 13 August 1926 (section 8), every alien over sixteen years of age must register within eight days after his arrival and must appear in person before the competent official for this purpose. A registration certificate is then issued to him. On each change of residence he must make a declaration within twenty-four hours. In terms of the Legislative Decree of 4 June 1927, regarding the protection of the labour market, an employer who has obtained permission to engage an alien worker (cf. Chapter VI, § 1) must, within fourteen days after the alien has entered his service, report the fact to the local administration referring to his authorisation to employ an alien and stating the residence of this employee, his name and Christian names, age, nationality, place of work, occupation, the type of work on which he is engaged and the length of the contract. He must within the same period notify that the alien has ceased to be in his employment. Employers who, when an Ordinance limiting or prohibiting the employment of alien workers is promulgated, have such workers in their employment must notify the fact to the competent authorities within thirty days, giving all the above-mentioned details (sections 6 and 7). PORTUGAL.—In terms of the Decree No. 13919 of 7 June 1927, no alien may remain in Portugal for more than forty-eight hours unless in possession of a residence permit. Aliens entering the country must, in order to remain, present themselves within twenty-four hours of their arrival before the civil governor of the capital of the district or before the administrator of the commune (concelho) in other areas, provided with two photographs and documents in order for completely establishing their identity, as well as a passport duly certified and visaed by the consul of their country. A residence permit for more than eight days can be granted only by the civil governor; it cannot be granted for more than 180 days; residence permits are1 renewable but may also be withdrawn a t any time. A fee of 7.5 milreis must be paid when they are issued. The civil governors must inscribe in a special register a note of all the residence permits issued by them for their own area, classifying the holders by nationalities with all information regarding them; an extract from this register is sent to the police headquarters with a photograph of the person concerned, to be entered in a general register of aliens (sections 1-5). 1 One milreis = approximately 2 éd. 408 THE TREATMENT OF IMMIGRANTS A triple control is established! over the declarations made by aliens in order to check their correctness : (a) By making it compulso^' for persons giving lodgings to aliens (hotel keepers, owners of private houses, etc.) to demand, with the support of the police if necessary, that the residence permit should be shown before a room is let. Failure to do so involves a fine and in case of a second offence the establishment is closed for thirty days in the case of an hotel, while in the case Of a private person, the penalty inflicted is double that paid for the first Offence (section 7); (b) By laying the same obligation on every employer of alien workers (whether a company or an individual) ; failure to comply involves the same penalties (section 8); (c) By means of the declaration which must be sent to the police headquarters by the officials who at the frontiers issue a visa for the documents of alien travellers (cf. Chapter VIII, § 2). These officials are liable to disciplinary punishment for negligence in this matter and in case of a second ofíence a fine is added (sections 6 and 9). Colonies.—According to the Decree of 4 J u l y 1906, aliens entering one of the oversea provinces must, within the space of three days, appear before the administrative authorities of the place of entrance to obtain permission to take up residence. Exemption from this declaration is granted to consular agents and to travellers in transit if their stay does not exceed twenty days. I n order to be allowed to take u p residence every alien must show a certificate of nationality visaed by his consul, or a passport visaed by the administrative authority of the place where the individual in question wishes t o settle. This document, when it lias been visaed, is equivalent to a residence permit. Failing the documents mentioned a personal guarantee may take their place, or if no one can be found who knows the alien, the latter may be required to make a declaration giving all information regarding his identity. Once the alien has been legally recognised by any of the above methods, a residence permit is issued to him which must be visaed by the consular official of his country of origin. This certificate acts as a safe-conduct for changing his residence within the territory or for leaving it by land or by sea. Aliens who have failed to make a declaration of residence are liable to a fine and may be deported. The fee for the residence permit may not exceed 500 reis. RUMANIA.—The Migration Act of 11 April 1925 (section 38) makes all immigrants who are admitted subject to the general supervision of aliens instituted by the Act of 20 March 1915. According to this latter Act, every alien is obliged to appear within a period of eight days after his arrival in Rumania before the administrative authorities of the place in which he is settling to obtain a residence permit, which is issued on presentation of his passport. When an alien changes his domicile he must always show his residence permit on arrival in his new place of residence. Alien workers and in general all individuals of foreign nationality arriving collectively under authority from the Minister of the Interior and for a limited period are exempt from applying for a residence permit. According to a decision of the Minister of Labour, Co-operation and Social Insurance dated 23 March 1927, a special stamp known as the Immigration Stamp must be affixed every year to the residence permit of all aliens who are of age and are considered as immigrants ; fees varying according to the category of immigrants are charged for affixing this stamp; these fees are 200 lei 1 for skilled and unskilled workers in trade or agriculture as well as for domestic service, 400 lei for office employees of industrial, commercial 1 One lei = approximately 3d. REGISTRATION OF IMMIGRANTS AND RESIDENCE PERMITS 409 and agricultural undertakings and also for the expert managing staff, and 1,000 lei for those carrying out an occupation on their own account. The employer who engages an alien worker whose card is not thus stamped is liable to certain fines. The income from this fee must be used primarily for covering the expenses involved in the supervision of aliens and for various purposes mentioned in the Migration Act of 1925. (Maintenance of welfare work for emigrants and persons who have emigrated, cost of repatriation of nationals, assistance to immigrants who are unemployed or are in transit, etc.) The Act of 1925 also stipulates that the supervision of the position of alien workers or technicians must be carried out by the inspection branch of the Ministry of Labour in Rumanian commercial or industrial undertakings. Every industrial employer or trader who takes an alien into his service must make a declaration of the fact within three days on pain of a fine of 500 lei for every alien who is not thus reported. Workers who have arrived with the permission of the Ministry of Labour may not remain in the country after the expiry of the period stated, unless permission is extended by the same Ministry (sections 40 and 41). SALVADOR.—By the Decree of 28 November 1925, supplementing the provisions of section 52 of the Aliens Act, a register of Chinese citizens is t o be instituted in which all persons of Chinese origin who were settled in the country at the date of the said Decree must be entered. This register is kept at the Ministry for Foreign Affairs and the information is transmitted by the regional governor in whose area the individuals have settled. I t states the name, Christian names, age, profession, place of residence, finger prints, height, distinguishing marks, photograph, and the names of three persons of Salvador nationality who are acquainted with the Chinaman in question. A certificate of registration is delivered to the individual on payment of a fee of 2 colons K Registration must be renewed annually in the month of January; any infringement of this rule is punishable by a fine of 10 colons. The fact that any person has not presented himself on arrival or during the month of J a n u a r y each year is taken as evidence that he has entered the country illegally and the competent authorities have the right to order his deportation. SPAIN.—All aliens over the age of fourteen years must make a declaration of arrival to the police within forty-eight hours. If they change thenresidence within the country they must also perform the same formality in the new place of residence. (Communication of the Spanish Government to the International Labour Office, 1921.) SWEDEN.—Immediately on arriving in the country the alien must report himself to the police of the first place where he stops, in order to show his identity documents and give all information which may be demanded of him. An alien not in possession of special permission (a labour permit, cf. Chapter VI, § 1) may not remain in Swedish territory for more than three months unless under exceptional circumstances his visa is valid for a longer period. Aliens who were Swedish citizens by birth, along with their spouses and legitimate children under twenty-one years of age and unmarried, may remain in Swedish territory without special permission for a maximum period of six months from the date of their arrival. The residence permit is issued by the Ministry of Social Welfare for a limited period after consultation with the chief Government official of the place, or, when the residence permit is applied for abroad, after hearing the One Salvador colon = approximately 2s. 2d. 410 THE TREATMENT OF IMMIGRANTS opinion of the competent Swedish legation or consulate. The permit must be mentioned on the documents carried by the alien (cf. Chapter I I I , § 2). The same procedure is followed when extensions are applied for. An alien on the point of leaving the country must present his identity documents to the police authorities of the place of departure. Act of 2 August 1927, sections 4, 6, 7, 8, 9, 10 and 12.) SWITZERLAND.—By the Order of 29 November 1921, aliens wishing to reside in Switzerland for more than eight days must make a declaration of arrival to the police authorities of the place in which they are resident not later than eight days after crossing the frontier and must show their identity documents. Aliens entering Switzerland for other purposes than for settlement or the exercise of any occupational activity, however, may remain three months without making a declaration (sections 14 and 15). The Federal Central Police Office has the right to object to the granting of residence permits (temporary) in certain cases, as well as the grant of settlement permits, and the appJicant must therefore send his application for a permit, in writing, t o the competent authority of his place of residence, along (¡with his identity documents, a certificate of good character and morals and a certificate showing whether or not he has been convicted for any offence in his country oí origin. When the Canton has come to a decision it submits this decision to the Central Office, along with all documents referring to the affair. Permission is not effective unless within a period of one month from the date of receiving these documents the Central Office has raised no objection. The alien may not undertake any occupational or lucrative employment before the expiry of this period or until the Centi'al Office has given its final decision. I n urgent cases, however, the Canton of residence may grant temporary permission and report the fact to the Central Office (section 19). Fees are charged for the issue of a residence or settlement permit; they are fixed by the Order of 5 May 1922, amended by t h a t of 28 September 1925. A notice published by the Public Economy authorities and the police authorities dated 28 August 1924 stated that the residence permits for alien workers may be summarily cancelled if there is a shortage of work and if Swiss workers in the same undertaking are likely to be dismissed. TURKEY.—By Act No. 885 of 31 May 1926, immigrants * and refugees who have come to Turkey after the date of the Declaration of the Balkan War and have not yet registered and do not register or apply for permission to settle within a period of six months are not permitted to enjoy the rights conferred upon them by the Act; the same applies to those who, after the date Of promulgation of the said Act, do not fulfil the same formalities within three months of their arrival (section 14). U N I T E D S T A T E S . — A t the conclusion of each week a report must be submitted to the Bureau of Immigration by each district where arrivals occur, containing the names, places where visas were issued, together with visa numbers of all aliens presenting endorsed visas held for Board of Special Inquiry, indicating why aliens were held and the action taken in each case. (General Order No. 51 of 9 J u l y 1925.) Further, all quota and non-quota immigrants are registered on arrival by the Naturalisation Office and compared with the lists of immigration visas issued by American consuls abroad. These registers make it possible to determine whether any particular immigrant is in order under the Immigration Regulations and, in particular, if he is entitled to the certificate allowing immigrants who have been duly admitted to leave the territory temporarily without being subject on re-entry to all the formalities required 1 Ci. the definition of this term, p. 60. ADMISSION TO D I F F E R E N T OCCUPATIONS 411 of ordinary immigrants; they also serve to establish the position of the immigrant if he should apply for naturalisation 1 . VENEZUELA.—The Aliens Acts of 1 July 1923 and 23 J u l y 1925 state that every alien arriving in Venezuela must report to the authorities of his place of residence within a fortnight after arrival to establish his identity, state whether he intends to reside in the territory of the Republic, and if so, what trade he intends to exercise. Priests must possess a letter of recommendation from the prelate who is their superior or some certified document proving that their claim to be priests is genuine. The Ministry, after examining this document, sends a report to the President of the Republic who has the sole right to decide finally whether a residence permit or an order for re-embarkation should be issued (sections 5 and 6). § 6 . — A d m i s s i o n to Different Occupations Mention has been made above in Chapter V I of the provisions regarding t h e employment of alien workers. A certain number of these provisions do in fact restrict the entry of these workers t o wage paid employment; this is t h e case particularly as regards provisions limiting t h e employment of aliens in certain undertakings to a fixed proportion. I t must also b e noted t h a t regulations regarding the employment of aliens are not general in their application; workers in certain occupations are n o t subject t o them, which means t h a t in these occupations t h e employer is free t o engage alien workers. The reader is therefore referred to Chapter VI, § 1, for details regarding the admission to wage paid employment. I n the present section attention will be paid more particularly to the rights of aliens to practice certain independent trades or professions or similar occupations. Now. although the constitution of most countries recognises in principle the right of aliens t o undertake any lawful occupation, this right is in fact frequently subject t o various and very numerous restrictions of which only a brief outline can be given here without any of the details of the regulations, which might form the subject of a complete book. The countries quoted are therefore mentioned only b y way of example 2. 1 U N I T E D STATES D E P A R T M E N T O F L A B O R : Annual Report of the Commission of Naturalization, Fiscal year ended June 30 1927. Washington. 2 Use has been m a d e especially in this outline of information provided b y t h e Governm e n t s in reply to a n enquiry u n d e r t a k e n b y t h e Economic Committee of t h e League of Nations with reference to t h e admission of aliens t o professions, industries a n d occupations 412 THE TREATMENT OF IMMIGRANTS Aliens are sometimes excluded from certain professions or occupations or again their admission t o t h e m is made subject t o special conditions. Many restrictive measures must be mentioned. I t must, first of all, be recalled t h a t t h e right of settlement is very often regulated b y international agreement, either special treaties on this subject or certain clauses of friendly or commercial treaties. These agreements are dealt with in Volume I I I . The national legislation of certain States makes the granting of the right of exercise of the various occupations subject to reciprocal treatment granted t o their nationals by the State of which t h e aliens are citizens. If such general reciprocity is n o t guaranteed by a t r e a t y then the aliens are bound t o prove reciprocity in each definite case before receiving individual permission t o carry out their occupation. This is the case particularly in Austria, Czechoslovakia and Poland. With reference to t h e management of a commercial or industrial undertaking, a certain, period of residence is demanded in certain countries before the: right t o engage in such an occupation is granted (five years in Denmark, one year in Norway). I n Sweden, special sanction is required b y aliens for engaging in any occupation for which a licence is required. I n other countries only a, certain number of trades or industries are forbidden for aliens, or a t least cannot be exercised unless special permission is granted in each case : these restrictions are frequent in connection with the Stock Exchange, either for brokerage in general (Csiechoslovakia, J a p a n , Poland) or for bill-broking in particular (lilumania) or for t h e exercise of t h e business of s t o c k - b r o k e r (Austria, Czechoslovakia, Hungary, J a p a n , Latvia, Norway). I n R u m a n i a t h e business of marine insurance agent is closed t o aliens a n d in H u n g a r y t h a t of bookmaker. Publishing and printing are forbidden to aliens in Finland, and are subject t o special permission in French West Africa and in Madagascar. The management of employment agencies is closed to aliens in Norway and in other countries; t h e occupation of keeping hotels, restaurants or public houses in Bulgaria, (of. Report of the Economic Committee to the Sixth Assembly, doc. A. 40. 1925, II). I n Volume I I I t h e Draft Convention drawn up as a result of this enquiry b y the said Committee Is dealt with. ADMISSION TO D I F F E R E N T OCCUPATIONS 413 Finland and certain French colonies; cinematograph undertakings in Hungary and Madagascar; concessions for the working of mines are n o t granted t o aliens in J a p a n , French West Africa, Madagascar, t h e Netherlands colonies, Poland, etc.; concessions for hydraulic power undertakings in France a n d several French colonies and also in Surinam 1 . Trading in gold and precious stones is subject t o special permission in Madagascar and trading in arms and explosives is closed t o aliens in several countries (Poland, Madagascar, etc.); trading in alcohol is forbidden t o aliens in Czechoslovakia and R u m a n i a ; fishing along t h e coast or in national waters is reserved for nationals in numerous countries, etc., etc. Finally, it should be recalled t h a t t h e organisation of emigration agencies and t h e transport of emigrants in many cases is not permitted for aliens ; information regarding this trade is given in Chapter V I I of Volume I. Legal provisions also restrict t h e exercise of certain of t h e liberal professions. Thus dramatic a r t may not be practised b y aliens in Norway or Sweden without special permission. With reference t o those liberal professions for which t h e possession of University diplomas is demanded, t h e exclusion of aliens is still more frequent. Thus aliens are generally excluded from t h e medical professions (doctors, pharmacists, dentists, midwives and sometimes veterinary surgeons). The profession of pharmacist is t h e most strictly closed and even in certain countries where t h e profession of doctor m a y be practised b y aliens who are in possession of diplomas of t h a t country or who have had their foreign diplomas legalised or who come under a reciprocal agreement, the exercise of the profession of pharmacist is entirely closed to aliens (Denmark,Estonia,Finland,Hungary,etc). Sometimes t h e practice of t h e medical professions is regulated on a basis of reciprocity. This is t h e case in J a p a n , Latvia and Spain. I n certain countries special permission from t h e Government or from t h e responsible professional body may grant a right of practice (Great Britain, South Africa). Such permission is regularly given in certain countries t o those possessing diplomas of t h a t country (Canada, Denmark, Estonia, Italy, Norway, Portugal, Sweden, etc.). Sometimes a n administrative 1 I n Mexico special conditions a r e imposed on aliens (cf. note o n page 369). 414 THE TREATMENT OF IMMIGRANTS body has the power to grant permission to individuals, for example, in Finland. In almost all countries, moreover, special cases may be dealt with by the competent authorities and individual and exceptional permission may be granted; in some countries, such permission is temporary; in Bulgaria, for example, it is for three years. The law sometimes states that the exercise of the medical professions may become legal when foreign diplomas have been recognised by the appropriate examination within the country and the payment of the necessary fees, sometimes accompanied by a special fee. This is the case in many countries in Latin America, in Argentina, Cuba, Panama, Peru, and Salvador, where more favoured treatment is sometimes granted to nationals of certain countries (e.g. to Italians and citizens of other SpanishAmerican States in Salvador). In some States mere recognition of the legality of the diplomas gained in another country suffices to grant the right to practise; this is the case in Morocco. Sometimes diplomas gained in certain countries which are mentioned in the regulations, the course of study in which is considered equivalent to that in the country, confer the right of practising the medical professions, while diplomas acquired in other countries do not convey this right (Netherlands, South Africa). International agreements may modify the general rule for certain individual cases; thus agreements are particularly frequent with reference to the practice of medicine in watering places. The practice of the legal professions (solicitors, barristers, notaries, etc.) is also regulated on various principles. In many countries these professions tire subject to an oath and are considered as a kind of public office, and in this case they are generally closed to aliens. It sometimes happens, however, that they may be open to aliens in possession of diplomas of the country or after an examination proving that the person concerned possesses the necessary knowledge for practising these professions. The countries which admit the legalisation of medical diplomas obtained at a foreign university often admit also the legalisation of diplomas for the practice of the legal professions conditionally or unconditionally (Belgium). This rule, however, is not general. Sometimes a certain period of residence is compulsory for obtaining a right to practise (Panama). The profession of.barrister is sometimes free (Finland, Great Britain). THE NATURALISATION OF IMMIGRANTS 415 The professions of architect and engineer do not require the possession of university diplomas in all countries, in which cases they are open. Elsewhere the practice of them is subject to the legalisation of the diplomas with or without an examination. These professions are entirely closed to aliens in some countries (Estonia). Aliens are sometimes excluded from the practice of ecclesiastical functions. In Honduras this is the case for all religions recognised by the State; elsewhere, this holds in some cases where the clergy are considered as exercising a public function, that is to say, when they belong to the State church. It may also be stated as a general rule that official duties are kept for nationals exclusively. In certain countries, however, the law provides that these duties may be entrusted to aliens who possess special abilities for certain particular offices. The teaching profession is also subject to regulations regarding the admission of aliens. Where there is a State system of education it is generally reserved for nationals of the country (France, Finland, Italy, etc.). In exceptional cases aliens may be admitted as teachers of foreign languages. In some countries the teaching profession is absolutely free and open to everyone. Elsewhere the teaching staff of a certain rank must be formed of nationals of the country (elementary education in Japan, secondary education in Norway). But in the other branches of the teaching profession, aliens may be admitted. In a considerable number of cases aliens may occupy higher teaching posts, at least temporarily. The practice of the liberal professions is sometimes also subject to general regulations regarding immigration which vary according to the economic conditions of the moment. I t is, moreover, not only controlled by laws and regulations, but also by extremely diverse measures and factors which do not fall within the scope of a purely legislative study. § 7.—The Naturalisation of I m m i g r a n t s There are very different ways in which aliens may acquire the nationality of the country where they are dwelling, and these different methods show the main aims of the policy of each country with reference to immigration and settlement, 416 THE TREATMENT OF IMMIGRANTS t h a t is to say, with reference to populating the country by an influx of aliens from abroad. Variations in this policy as a result of changes in the condition of the population of t h e country and in the size of the currents of immigration also exercise a considerable modifying influence on the system of naturalisation previously in force : France is an interesting example of this. There are further in several cases direct connections between the naturalisation laws and the immigration regulations : in the United States individuals who are not eligible for the right of citizenship are not admitted as immigrants, while, on the other hand, the family of a naturalised alien enjoys certain privileges for admission. The act of acquiring nationality must be considered from three points of view : (a) t h a t of t h e adult immigrant settling in the country; (b) t h a t of his descendants; (c) t h e effects of marriage between aliens on the nationality of the husband and wife. (a) W i t h reference to the immigrant himself, nationality may be acquired b y naturalisation. I n certain countries where t h e regulations are least strict naturalisation can be acquired b y a simple declaration on the p a r t of the applicant, generally made before the municipal authorities, stating his intention t o settle in the country and become a citizen. I n most other countries it is necessary t o malee an application for naturalisation and a decision is taken after enquiry b y t h e authorities of the country. I n some very rare cases nationality can be granted spontaneously b y means of a Decree t o any alien who is considered worthy of it. I t may also be acquired automatically b y fulfilling for a certain time some official d u t y for t h e Government or for any other similar reason, provided no opposition t o naturalisation is shown. Conditions of moral character are nearly always demanded from aliens who apply for naturalisation. For this purpose aliens are often obliged to show certain documents proving their identity, their good character and their curriculum vitae in general: legal status, former occupations, etc. I n the case of an unmarried woman it may be necessary for her to prove not only t h a t she is legally of age, b u t also t h a t she is actively exercising some occupation or is in possession of lawful income. Elsewhere when the right of nationality is granted it is sometimes necessary for applicants t o t a k e an oath or undertaking of future fidelity in T H E NATURALISATION OF IMMIGRANTS 417 the form of a promise to obey the constitution and the laws of the country, or sometimes even (United States) to abjure all former allegiance.. Residence conditions are imposed in almost all countries, These conditions are fixed at one, two or three years by the American countries, while in certain countries they extend to fifteen years. Certain circumstances may reduce or even do away with this period of legal residence : services rendered to the country or in some cases even to humanity (e.g. Venezuela), possession of real property, marriage with a national of the country, birth of a descendant considered as a national of that country by virtue of birth, the practice of certain professions, etc. A period during which an alien has carried out an official mission entrusted to him by the Government of a State may often take the place of years of residence within the territory of that State. The original nationality or even the race of an individual applying for naturalisation may also modify the application of the general rules in his case, either in favour of his naturalisation (e.g. the fact of being Spanish in several States of Latin America) or in opposition to it (in the United States only aliens who are free white persons or of African nativity or persons of African descent are eligible to citizenship). Somewhat similar to the conditions of race are those which demand knowledge of the language of the country to which one wishes to belong. This condition is found in the nationality legislation of Great Britain and most parts of the British Empire, the United States, etc. The naturalisation certificate is sometimes issued only in exchange for a considerable fee, while in other countries it is given absolutely free of charge. Variations in this respect may also exist between individual cases according to the social position of the individual who is being naturalised or the extent -of the rights granted. The acquisition of nationality by naturalisation does not always confer all the rights or duties of citizenship possessed by nationals of the country. In certain countries (e.g. Belgium) there are different types of naturalisation : complete naturalisation, conferring all the rights of citizenship including political rights, and restricted naturalisation, which confers only a limited number of these prerogatives. Sometimes for a period .considered as a probation period the naturalised alien is not ii 418 THE TREATMENT OF IMMIGRANTS allowed to exercise certain rights, in particular political rights; during such a period nationality is only acquired temporarily and may be withdrawn b y a Decree with a statement of the reasons (e.g. the new French Act). I t also happens that, temporarily or even permanently, naturalised persons are not granted access to certain public offices oí' prime importance (e.g. to become President of t h e Republic in Argentina). I n some other countries naturalised persons are exempt from certain burdens, amongst others military service (in Argentina for ten years, in Venezuela, etc.). The naturalisation of the head of a family often brings with it automatically t h a t of his wife and minor children. There is, however, a more and more marked tendency towards independence for t h e woman in this sphere; in certain countries the naturalisation of the husband and wife is individual (United States), or a t least the naturalisation of a husband and wife requires t h e consent of t h e wife, who m u s t b e consulted on this matter (Norway). With this fact may be compared the fact of the married woman retaining her own nationality as is briefly mentioned later. The loss of the right of citizenship acquired b y naturalisation is also subject t o certain regulations. I t may occasionally take place automatically as the result of prolonged residence, not for t h e purposes of an official mission, in the country of which the naturalised person was previously a citizen (e.g. Costa Rica, United States, etc.). Certain countries also reserve t h e right t o withdraw t h e nationality granted b y naturalisation from those persons who b y grave misdemeanours have become unworthy of it; I n some cases it is impossible to withdraw naturalisation after a certain number of years of residence. Other countries provide t h a t naturalisation cannot save an individual from the enforcement of extradition laws and agreements. (b) The nationality of the; children of immigrants born abroad is al$o an important problem. I n a great number of countries, particularly in the American Continent, the jus soli takes effect from t h e first generation, t h a t is t o say, t h a t every individual born in t h e country is considered b y the State as a national of the country whatever the nationality of the parents may have been. Elsewhere the jus sanguinis gives aliens t h e right t o transmit THE NATURALISATION OF IMMIGRANTS 419 their own nationality to their descendants without this right; losing its effect in successive generations. The number of coun-, tries whose legislations admit the jus sanguinis completely is very small; in the majority of cases the two guiding principles, of legislation regarding nationality (the jus soli and the jus sanguinis) are combined. The nationality of the parents is not lost till after a certain number of generations (frequently two) and as far as the first generation is concerned the fact that an, offshoot from an alien stock has been born within the country: merely confers on the child the right of opting on attaining his; majority for one of the two nationalities, or grants him the right of renouncing the nationality of the country in which he, is born by a declaration made on attaining his majority. In¡ certain countries birth within the country raises a presumption that he is a national of that country. (c) There as a third point on which legislation concerning; nationality directly affects immigration legislation : the question of the effects of marriage on nationality. I t is quite general for the fact of an alien marrying a woman of the country in which he resides to facilitate his naturalisation, in particular by shortening the period of residence ordinarily required from applicants. As regards the woman, the old principle, which is still generally in force, was that marriage with an alien involved the automatic adoption by the woman of the nationality of her husband. In recent years a certain number of legislations have adopted the opposite principle and grant the woman the indivi-, dual right of keeping her own nationality. This is not the place to study this problem, which is being widely discussed at present, but it is important to point out the connections between this problem of international law and migration legislation. The fact that a woman married to an alien may keep her own nationality has had various important consequences in this sphere. In the United States the "Cable Act" (22 September 1922) specified that a woman of American nationality who marries an alien remains a citizen of the United States, and that on the other hand, an alien woman marrying a citizen of the United States retains her nationality; this Act, which coincided with the restriction of the number of alien immigrants, has resulted in numerous cases of the separation of families, since former immigrants who had become American citizens could not bring 420 THE TREATMENT OF IMMIGRANTS their wives (if they had mamed an alien woman after this Act was promulgated, 192*2) except as aliens, that is to say, within the annual quota allowed for nationals of the country of which they remained citizens. From another point of view, the fact of a married woman retaining her own nationality serves to prevent any loss of a country's nationals and greatly assists the assimilation of alien elements in the population; indeed, alien immigration is often largely composed of young workers who are unmarried and tend to marry in the country where they are living, provided they reside there for a considerable period. If the woman keeps her own nationality after marriage instead of automatically taking her husband's nationality this creates a condition favourable for the assimilation of the married couple instead of accentuating the tendency towards heterogeneity. I t is very natural that countries with a large amount of immigration should seek this result. I t must further be noted that when a woman of the country marries an alien and retains her own nationality, that nationality sometimes also involves that of any children born of this marriage in countries where the jus soli does not automatically bring about this result for children born of alien fathers and mothers (e.g. France). This is a further factor assisting assimilation. I t must be added that most countries which allow a woman marrying an alien to give up her own nationality at least admit the possibility of lier regaining her original nationality either automatically or by means of a simple declaration in the event of the death of the husband or of the marriage being dissolved. We must be content to give merely a very short outline of the provisions relative to the naturalisation of aliens, as these provisions are frequently very complex. Further, that is only one óf the elements of the problem connected with the nationality of migrants; other provisions form a counterpart to them and refer to emigrants keeping their nationality, even when naturalised, by virtue of the legislation of their country of origin. It must at least be noted that very frequently there is a conflict between two legislations concerning the same individual, conflicts which arise from the fact that the main aims of these legislations are naturally opposed in the majority of cases. While THE NATURALISATION OF IMMIGRANTS 421 the country of origin seeks t o retain those elements of t h e population which leave it (particularly those elements which could help t o form the national army), and consequently considers as its own citizens, persons who have emigrated and become naturalised elsewhere, or the children of these citizens born in a foreign country where birth confers the right of citizenship, countries with a large amount of immigration just as naturally pursue the opposite policy. Indeed the existence of a large alien element in the population raises difficulties which a country seeks to avoid b y facilitating in every way t h e assimilation of these elements. The automatic acquisition of nationality by birth in the country is one of these methods. While conflicts of this first type result in t h e individual having a double nationality, it may happen elsewhere t h a t there are cases of individuals having no nationality, when an immigrant loses his nationality in terms of the law of t h e country of his birth, and according t o t h e law of his place of residence cannot obtain nationality there. However, certain legislations obviously a t t e m p t t o avoid this conflict. Among provisions seeking t o establish harmony between two legislations affecting the same individual, reference may be made t o those which, t o avoid double nationality, mention among the conditions of naturalisation, the automatic loss of t h e original nationality of the individual as a result of this action, or demand proof of the renunciation of this nationality (e.g. Norway, Rumania). Reference may also be made t o those which permit a woman t o keep her nationality after marriage with an alien only when t h e law applying t o her husband does not compel her t o take t h e nationality of the latter. I n other cases, to avoid loss of nationality, a certain number of Acts permit a woman married to an alien t o keep her original nationality when the marriage does not automatically give her the nationality of her husband. Certain States have also sought t o avoid the complications ensuing as the result of conflicting legislation b y another method : t h a t of international agreements. A considerable number of general or special treaties referring to this subject aim a t regulating the nationality of migrants and t h a t of their offspring. I n particular, an effort has been made t o avoid double nationality, which involves for the same individual, the obligations and bur- 422 THE TREATMENT OF IMMIGRANTS dens imposed by each of the countries which recognise him as a citizen according to their own law, for example, the burden of military service. I n Volume I I I will be found a brief study of t h e treaties concerning this subject, and the efforts made for codifying international law concerning this question. § 8. —Obligations I m p o s e d o n I m m i g r a n t s : Special R e g u l a t i o n s Certain countries impose special burdens on aliens, particularly fiscal burdens, in the form of annual taxes or dues, independ e n t of the head t a x on entrance, which is only payable once. I n certain countries these burdens are imposed particularly on immigrants of special categories or given races. Further, t h e system under which immigrants live, sometimes involves a restriction of their individual liberty, especially in the case of indentured coloured workers : t h e necessity of living under a contract of service, the execution of which is guaranteed by penal sanctions, restriction of t h e freedom of travel, a special form of registration ensuring the strictest supervision, the necessity for a permit for departure, etc. Elsewhere there are numerous legislative provisions marking a difference of treatment between national workers and alien workers; these cannot be analysed in detail. Such inequalities may, however, be suppressed for citizens of certain countries as the result of international agreements. These are dealt with in Volume I I I of this work. These differences refer in particular t o political action, freedom of association, sharing in social insurance, and the right of property. Aliens are generally obliged by the constitution of each country, by special laws for the control of aliens, t o observe strict neutrality in everything concerning the internal politics of the country. Sometimes in fact, they are forbidden t o form political associations, and t o manage or contribute t o political journals. I n order to make certain t h a t this neutrality is observed, the managements of periodicals edited by aliens are sometimes compelled t o send a copy of each issue t o the public authorities before publication. This is seen, particularly in Venezuela, in t h e Act of 23 J u l y 1925 (sections 8 and 10) which gives unusually OBLIGATIONS IMPOSED ON IMMIGRANTS : SPECIAL REGULATIONS 423 detailed provisions on this subject; but similar measures are also taken in other countries. A difference of treatment exists also with regard to freedom of association. In certain cases associations of aliens are prohibited; in others, the right to take part in these associations is restricted for aliens; in certain countries (e.g. French colonies and Algeria, as regards native workers recruited under the title of "immigrants") aliens or certain classes amongst them may not belong to occupational associations; in many countries they may not act on the managing committees of such associations (France, Act of 21 March 1884) or form more than a certain proportion of the total number of members or enjoy such assistance or allowances as may be granted to members of these associations (Hungary, Ordinance of 27 March 1923; Italy, the Royal Decree 1130 of 1 June 1926). In the latter country aliens may not belong to trade union organisations until after ten years of residence. Similarly, aliens are not always on an equal footing with nationals as concerns membership of joint councils, works councils, or arbitration and conciliation councils. In Luxemburg, for instance, aliens are electors with the same rights as nationals but cannot be elected to works councils until they have been in residence for three years and even then not in a proportion exceeding one-third of the total membership. As regards social insurance, apart from treaty provisions, it is quite frequent for legislation to determine that aliens shall not enjoy the benefit of such insurance except subject to certain restrictions. For accident insurance 1 , for instance, the laws of numerous countries state that an alien who is permanently disabled by an accident loses his right to compensation if he leaves the country, or on departure draws a certain sum representing a few years of his annual compensation. In case of the death of an alien who has been insured, it is quite common for legislation to state that only such representatives as are domiciled in the country may draw the pension. For old-age pensions 1 W i t h reference t o t h e application of industrial accident legislation to alien workers, t h e reader is referred to t h e following documents published b y t h e INTERNATIONAL LABOUR O F F I C E : I N T E R N A T I O N A L L A B O U R C O N F E R E N C E , S I X T H S E S S I O N 1924. Item II on the Agenda—Report on, Equality of Treatment for National and Foreign Workers as regards Workmen's Compensation for Accidents, and Supplementary Report; Compensation for Industrial Accidents : (Studies and Reports, Series M, No.2), Geneva, 1925, P a r t V I " T h e Position of Foreigners", p p . 563-611. 424 THE TREATMENT OF IMMIGRANTS and sickness insurance those supplements t o the pension which are provided b y t h e State are frequently suppressed or reduced for alien workers and their representatives. However, in applying the provisions regarding social insurance (for accident, oldage, sickness and unemployment) there is generally a reciprocal clause, t h a t is t o say, the Act grants the full benefit of all legal conditions to aliens who belong to a S t a t e granting the same rights to nationals of the legislating State (e.g. the social legislation in Austria, Belgium, Bulgaria, Great Britain, etc.). T h e same result is attained by a slightly different method : t h a t which consists in making social insurance Acts applicable t o aliens b u t makes a distinction with regard t o t h e citizens of countries which restrict the corresponding rights for nationals of the legislating country (e.g. Poland). I n some 'countries social insurance Acts apply t o alien workers after a certain period of residence (e.g. Australia : Queensland Workers' Compensation Act, 1916, 1923, 1925, section 29). Reference may also be m a d e t o restrictive provisions applicable to particular races (in Australia, for example, coloured races). W i t h reference t o the exercise of more general rights, it is possible only t o mention in passing numerous restrictions regarding the exercise of the right of property by aliens. This right varies with t h e nature of the. property, its position, and t h e personality or race of t h e person acquiring it. The most frequent restrictions refer t o real property. Possession of this is completely forbidden for aliens in certain countries (Serbia, Decree of 2 August 1852; Australia, New South Wales; certain of t h e United States, etc., etc.) Elsewhere it is subject to permission from a higher authority (Norway, Property Act of 1903; Sweden, Act of 3 October 1829, amended 30 May 1916). I n Germany, the system of regulation of the right of property is left t o t h e discretion of the States (Lander). I n some cases it is only t h e possession of rural property which is prohibited (Czechoslovakia, Act No. 81 of 30 J a n u a r y 1920, amended b y Act No. 117 of 6 April 1922 ; Rumania, Constitution of 28 March 1923). I n New South Wales (Australia) only aliens who promise t o become naturalised may acquire landed property and such land is confiscated if they d o not fulfil this promise. L a n d divided up in terms of the Closer Settlement Act cannot be acquired OBLIGATIONS IMPOSED ON IMMIGRANTS : SPECIAL REGULATIONS 4 2 5 except by British subjects. In Queensland land acquired by a man who has not become naturalised within five years is confiscated; land cannot be leased to an alien who fails to pass the dictation test. In Western Australia, South Australia and the Northern Territory, there are restrictive provisions regarding the acquisition of mining or agricultural land by Asiatics. The restrictions on the right of landed property are sometimes limited to a certain area; this is frequently the case in frontier districts, and strategic zones, frequently over a large area. Thus in Mexico, the Act of 13 November 1925, forbids aliens to acquire or possess personally, or even as members of an association, land situated within 100 kilometres of the frontier, and 50 kilometres of the sea. Restrictions may also apply to certain classes of property. In Brazil, according to the Constitution of 24 April 1891, in Great Britain according to the British Nationality and Status of Aliens Act, 7 August 1914, in Canada and elsewhere aliens are not permitted to become owners of ships. In some cases also aliens are allowed to become possessors of property only if it is for their own personal use for dwelling or business. This is the case in Haiti by the Act of 13 February 1925. Certain legislations employ a different method for restricting the right of property for aliens if necessary. In Japan (Aliens Property Act of 1925) and in Portugal (Constitution of 21 March 1911, section 3), the law gives power to the Government to issue Decrees limiting the right of property for aliens, when it considers it desirable, particularly with reference to citizens of States which restrict the rights of nationals of these countries. These Governments do not, however, seem to have made use of this power up to the present. 426 CONTINENTAL AND FRONTIER ZONE IMMIGRATION CHAPTER XII CONTINENTAL AND FRONTIER ZONE IMMIGRATION Attention has already been drawn in Volume I of this study to the great development which has taken place in recent years in continental inigration movements throughout the world- In spite of this fact, there has been no corresponding growth in the legislation dealing with continental immigration, and, indeed, in many countries such legislation is wholly or to a great extent non-existent. Two factors are responsible for this : on the ope hand it is difficult to distinguish continental immigration from ordinary passenger traffic, in which case it is regulated by the usual formalities relating to passengers (passports, visas, identity cards, etc.); on the other hand many countries make no distinction among aliens who are considered as immigrants in the eyes of the law, determined by their mode of arrival or country of origin and they are all subject to the same immigration regulations. On certain points of detail, however, discrimination is made, and this is the case of the so-called frontier workers, who although employed in a neighbouring country still remain domiciled in their native country. It is legislation dealing with such cases that forms the subject of the present chapter. It frequently happens, moreover, that immigrant workers introduced collectively in a neighbouring State are subject to special conditions laid down not by law but by treaty. A study of international arrangements of this sort is made in Volume III (cf. the section devoted bo labour treaties and recruiting agreements). It must also be remembered that the immigration laws of certain countries deal exclusively with the admission of workers CONTINENTAL AND FRONTIER ZONE IMMIGRATION 427 of the same continent and regulate a number of various points connected with this matter. No further reference to this need, however, be made here, as such laws have already been analysed in detail in the various chapters and sections of this study which have been devoted to these points (conditions of admission, recruiting, transport, repatriation, etc.). Typical examples of legislation of this kind are the laws regulating Indian immigration in Ceylon, the Straits Settlements and the Malay States, the Australian laws respecting natives of the Pacific Islands, etc. ARGENTINA.—The Decree of 31 December 1923 (section 30) states that, so far as concerns the passenger traffic between Argentina and the ports of Paraguay and Uruguay, in view of the close relations existing between Argentina and these countries, the General Immigration Oftice may enter into reciprocal agreements with the authorities of the two said States with a view to reducing landing formalities to a strict minimum. I n order to make sure t h a t subjects of other countries do not take advantage of such agreements to enter Argentina by an indirect route, consular instructions issued in 1926 forbid (section 17) consuls serving in neighbouring countries to countersign papers of aliens who have resided less than two years in. the country in question and who desire to enter Argentina, unless they have been specially authorised to do so by the General Immigration Office or by the Argentine legation or consul-general in the country concerned. FRANCE.—The majority of the alien workers admitted to France are of European origin, many of them (Belgians, Czechs, Italians, and Poles) being allowed into the country in virtue of the labour treaties or recruiting agreements discussed in Volume I I I of this work. With the exception of these agreements, it may be said that no special legislation applies to continental immigration in France as the legislative measures which have been quoted from time to time in this study apply to all workers (cf. Chapter VI, § 1. Nevertheless, as regards frontier traffic it must be observed that the identity card regulations applying to foreigners resident in France (cf. Chapter X I , § 5) do not affect frontier workers of German, Belgian, Luxemburg, Italian, or Swiss nationality, who while employed in France return to their own country in the evening. Such workers are not required to have an identity card. Similar exemption is also made for Belgian watermen working on French navigable rivers, Spanish grape gatherers (vendangeurs) in possession of a safe conduct valid for the period of the grape harvest, and all workers arriving in France to carry out an engagement of less than two months' duration, e.g. seasonal agricultural workers, machine fitters, technicians, etc. (Circular of the Ministry of Labour, 5 February 1927.) GERMANY.—In Prussia, according to a Circular issued on 7 January 1920 by the Prussian Ministry of the Interior, a frontier card (Grenzlauferkarte) may replace the ordinary identity papers required for admission, when a worker has to cross the frontier daily in going to his work. To get this card, the worker must make an application to the local police, attaching his passport and stating the name of the undertaking where he is employed and the kind of work on which he is engaged. The police forward the application for necessary action to the German Central Office for Workers (Deutsche Arbeiterzentrale) and the frontier card issued permits the worker to cross the frontier and takes the place of a registration card (cf. Chapter X I , § 5 : "Registration"). 428 CONTINENTAL AND FRONTIER ZONE IMMIGRATION I t should be remembered also t h a t the majority of alien agricultural workers occupied in Germany are European, mainly Poles, admitted in pursuance of a recruiting agreement which is analysed in Volume III. MEXICO.—By the Migration Act of 12 March 1926 the Ministry of the Interior is empowered to regulate, in accordance with public interests and special conditions in each region and in conformity with all special international agreements on the matter, the daily and local passenger traffic between Mexico and the riverside and frontier zones of the United States, the Republic of Guatemala, and British Honduras. Aliens domiciled in districts of the United States, Guatemala, and British Honduras which border on the Mexican frontier are not considered as immigrants and may enter Mexican border towns for all lawful purposes without coming under the immigration laws, provided they have previously obtained the necessary permission from the immigration authorities (idem, section 26, (vi)). PANAMA.—According to section 1878 of the Administrative Code, the right to live in Panama is refused to all aliens arriving in the country across the frontiers of Colombia, and Costa Rica and who belong to one of the prescribed categories, and to those who cannot prove that they possess a sum of at least 25 balboas with which to cover their requirements while they are searching for permissible and sufficiently lucrative employment. The clandestine introduction of prohibited immigrants over the land frontier entails the same penalties (fine and deportation) as are borne by the captain of a vessel introducing such immigrants by sea (section 1855). The ban on immigration laid down by Act No. 13 of 1926 for persons belonging to certain races does not apply to citizens of the Pan-American Republics or in certain specified cases to negroes from the Antilles (cf. Chapter I I I , § 1 , (d)). SIAM.—The Immigration Act of 11 J u l y 2470 of the Buddhist era (1927) empowers the Minister of the Interior to exempt persons living in neighbouring States from the necessity of having a passport or identity card in order to cross the frontier. U N I T E D STATES.—Generally speaking, the provisions relating t o oversea immigration also apply to continental immigration (see the different chapters above). By the Immigration Act, 1924, section 4, immigrants born in Canada, Newfoundland, Mexico, Cuba, Haiti, the Dominican Republic, the Canal Zone, or an independent country of Central or South America, together with their wives and unmarried children under eighteen years of age, are considered as non-quota immigrants. By General Order No. 86 of 1 April 1927, it is provided that aliens who, not having been born in Canada or Mexico, work in the United States and reside in Canada or Mexico must comply with the requirements of the Immigration Acts before they can receive identification cards and cross the border daily to their employment. These aliens have, therefore, to pay visa and head t a x fees and also to meet the usual requirements (mental, physical, moral, and economic) of the immigration laws. They must also enter, in the first place, under the quota of the country of their birth. Certain classes are exempt from this Order, provided that they pay the head t a x and t h a t they already had employment in the United States when the Order came into force. They are : (1) aliens of all nationalities whose original admission occurred prior to 3 J u n e 1921, (2) natives of non-quota countries whose original admission occurred prior to 1 July 1924, (3) natives of quota countries whose original admission occurred between 2 J u n e 1921 and 11 May 1922 and who a t the time of their original admission had CONTINENTAL AND FRONTIER ZONE IMMIGRATION 429 lived at least one year in Canada, Newfoundland, Cuba, Mexico, or an independent country of Central or South America, and (4) natives of quota countries whose original admission occurred between 10 May 1922 and 1 July 1924, and who at the time of such admission had resided for a period of five years in one of the countries mentioned above \ 1 By a recent law (No. S. 716) passed by the Senate on 20 March 1928 and by the House of Representatives on 29 March 1928, Indians resident in Canada have the right to pass freely over the United States border. Their right to do this had been questioned owing to their being unable to acquire United States citizenship, which is considered as a reason foi exclusion under the immigration law. APPENDIX List of the Most Important Legislative Texts relating to Immigration * MANDATED TERRITORIES Australian Mandate New Guinea Ordinance No. 1 of 1921, dated 6 May 1921, entitled : Laws Repeal and Adopting Ordinance, 1921, making applicable to the territory of New Guinea a certain number of laws in force in the Commonwealth of Australia, more especially the Immigration Act, 1901-1920, and the Nationality Act, 1920 [Report to the League of Nations on the administration of the Territory of New Guinea, 1 July 1921-30 June 1922, Appendix C , p. 3.— C.A.G., No. 4 1 , 6 May 1921]. German Admission Ordinance, 1927 (No. 35 of 1927) [C.A.G., 5 November 1927]. C.A.G. = Commonwealth of Australia Gazette. British Empire Mandate (Australian Administration) Nauru Ordinance No. 8 of 1922 entitled : Laws Repeal and Adopting Ordinance, 1922, making applicable to the territory of Nauru the Commonwealth of Australia Immigration Act, 1901-1920 [Report on the Administration of Nauru during the year 1922, p. 22]. Ordinance to govern employment of Chinese and Native Labour, No. 18 of 1922 [L.S., 1922, L.N. 4]. Ordinance to amend the Chinese and Native Labour Ordinance, 1922, No. 5 of 1923 [Report on the Administration of Nauru, 1923, p. 36]. Ordinance to amend the Chinese and Native Labour Ordinance, 1923, No. 10 of 1924 [idem, 1924, p. 55]. Immigration Restriction Ordinance, 1926, No. 6 of 1926 [Commonwealth of Australia Gazette, No. 11, 1927, p. 196]. 1 Texts published by the INTERNATIONAL LABOUR OFFICE in the Legislative Series are indicated alter the official source by the abbreviation "L.S.", followed by the order number of each text. 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. In countries where colonisation legislation is very extensive, texts relating to this have been grouped together. 432 LIST OF LEGISLATIVE TEXTS British Mandates Palestine Palestine Mandate Regulations: (sections 4 to 10, relating to the position of aliens in Palestine) [League of Nations, C. 529, M. 314, 1922, VI]. Palestine Citizenship Order, 1925. No. 777. Passed 24 J u l y 1925 [O.G.P., No. 51, 15 November 1925, p. 574]. Immigration Ordinance, 1925, No. 32 of 1925, promulgated by Order of 27 August 1925; with Regulations thereto [O.G.P. No. 141,15 J u n e 1925, p. 264; and No. 146, 1 September 1925, p. 442.—L.S., 1925, L.N. 5]. Order under thè Immigration Ordinance, 1925, relating to exemption from payment of admission fee. Dated 31 August 1925 [O.G.P., No. 146, 1 September 1925, p. 443]. Order under the Immigration Ordinance, 1925, Telating to detention of inadmissible persons. Dated 31 August 1925 [O.G.P., No. 170, 1 September 1925, p. 443]. Order made under section 4 (I, e) of the Immigration Ordinance, 1925. Dated 20 January 1926 [O.G.P., No. 156, 1 February 1926, p. 40]. Regulations made under section 11 of the Immigration Ordinance, 1925. Dated 15 March 1926 [O.G.P., No. 160, 1 April 1926, p. 163]. Order made under the Immigration Ordinance, 1925. Dated 25 August 1926 [O.G.P., No. 170, 1 September 1926, p. 440]. Ordinance to amend the Immigration Ordinance, 1925. No. 20 of 1926. Dated 14 April 1926 [O.G.P., No. 159,16 March 1926.—L.S. 1926, L.N. I]* Regulations made under section 11 of the Immigration Ordinance, 1925. Dated 29 November 1927 [O.G.P., No. 200, 1 December 1927, p. 837]. O.G.P. = Official Gazette of Palestine. Tanganyika Ordinance to regulate immigration into the Territory (No. 16 of 1924). Dated 24 October 1924 [T.T.O., 1924, Vol. V, p. 36]. Proclamation No. 13 of 1924, in. pursuance of the Immigration Ordinance, No. 16 of 1924. Dated 13 November 1924 [T.T.O., 1924, Vol. V, p. 78]. Regulatipn under, the Immigration Ordinance, No. 16 of 1924. Dated 8 May 1925 [Supplement to the Tanganyika Territory Gazette, Vol. VI, No. 2 1 , 15 May 1925]. T.T.O. = Tanganyika Territory Ordinance. Trans-Jordan Aliens Law, 1927. Dated 3 J u l y 1927. French Mandates French Cameroons Decree of 30 October 1926, fixing conditions of admission of French nationals and aliens to the French Mandated Territories of Togo and the Cameroons [J.O., No. 257, 4 November 1926, p. 11826]. Togo Order of 13 December 1926 for the promulgation of the Decree of 30 October 1926 relating to Togo and the Cameroons [J.O.T., No. 70, 1 January 1927, p. 9]. LIST OF LEGISLATIVE TEXTS 433 Order No. 71 of 31 January 1927 specifying details for the application of the Decree of 30 October 1926 [J.O.T., No. 78, 1 February 1927, p. 100]. J.O. = Journal officiel de la République française. J.O.T. = Journal officiel du Territoire du Togo. Japanese Mandate South Sea Islands Ordinance No. 4, promulgated on 27 December, 7th year of Taisho (1918), to regulate the immigration of workers into the South Sea Islands [Second Annual Report on the Territories under Japanese Mandate, 1921, pp. 15-17]. South Seas Bureau Order No. 1, promulgated on 2 February, 14th year of Taisho (1925), to regulate the admission of aliens to the South Sea Islands. Ordinance No. 3, dated 15 February, 14th year of Taisho (1925), relating to the supervision of persons staying or settled in the South Sea Islands. c N e w Zealand Mandate Western Samoa Samoa Registration of Europeans Regulation, 1920 [W.S.A.O., 1920-1924, p. 76]. Samoa Quarantine Ordinance, 1920. Dated 1 April 1920 [W.S.A.O., 1920-1924, p. 149]. Pacific Islands Contract Labourers Ordinance, No. 10 of 1920. Assented to 3 December 1920 [Supplement to the W.S.G., No. 12 of 1920]. Time-expired Chinese Labour Ordinance, No. 10 of 1921. Assented to 30 J u n e 1921 [Supplement to the W.S.G., No. 22 of 1921]. Chinese Contract Labour Control Ordinance, No. 11 of 1921. Assented t o 2 J u l y 1921 [Supplement to the W.S.G., No. 23 of 1921]. Chinese Contract Labour Control Amendment Ordinance, No. 6 of 1923. Assented to 16 March 1923 [Supplement to the W.S.G., No. 48, dated 16 March 1923]. Chinese Free Labour Ordinance, No. 10 of 1923. Assented to 4 December 1923 [Supplement to the W.S.G., No. 52, dated 4 December 1923.— L.S., 1923, L.N. 4]. Immigration Ordinance of 1924 to consolidate the Immigration Legislation of Samoa. With model contract for Chinese Labour attached. Dated 1 February 1924 [W.S.A.O., 1920-1924, p. 94]. Overseas Passengers Landing Deposits Ordinance, No. 2 of 1925. Assented to 10 March 1925 [Supplement to the W.S.G.,No. 60, dated 11 March 1925, p. 190]. Melanesian Labourers Ordinance, No. 3 of 1927. Assented to 25 March 1927 [Supplement to the W.S.G., 1927, No. 71, p. 214.—L.S., 1927, L.N. 7]. W.S.A.O. = Western Samoa Acts and Orders in Council. W.S.G. = Western Samoa Gazette. South African Mandate South-West Africa Control and Treatment of Natives in Mines Proclamation, No. 3 of 1917 [O.G.S.W.A. of 16 March 1916.—L.S.W.A., 1915-1922, p. 89]. Completed by the four following Proclamations : Native Administration Proclamation, 1922. No. 11 of 1922 [O.G.S.W.A., 1 April 1922.—L.S.W.A., 1915-1922, p. 749]. 28 434 LIST OF LEGISLATIVE TEXTS Master and Servants Proclamation, 1920. No. 34 of 1920 [O.G.S.W.A., 1 September 1920.—L.S.W.A., 1915-1922, p. 336]. Master and Servants Amendment Proclamation, 1923. No. 19 of 1923 [L.S.W.A., 1923, p. 40]. Master and Servants Further Amendment Proclamation, 1927. No. 10 of 1927 [O.G.S.W.A., No. 240, p. 4017]. Restriction on Entry Proclamation, 1920. No. 30 of 1920. Dated 7 J u n e 1920 [O.G.S.W.A., 1 J u l y 1920.—L.S.W.A., 1915-1922, p. 313]. Immigrants Regulation Proclamation, 1924. No. 23 of 1924. Dated 27 September 1924 [O.G.S.W.A., 1924, No. 144, p. 1739.—L.S.W.A., 1924, p. 70]. Immigration Regulations issued under Immigrants Regulation Proclamation, No. 23 of 1924; Government Notice No. 122 of 1924 [L.S.W.A., 1924, p. 82]. Immigrants Regulation Amendment Proclamation, 1927. No. 30 of 1927. Dated 17 November 1927 [O.G.S.W.A., 1927, No. 253, p. 4398]. The provisions of the following Acts of the Union of South Africa have been extended to apply to the Mandated Territory of South-West Africa by the Land Settlement Proclamation, 1920, No. 14 of 1920, as amended by Proclamations Nos. 29, 47 and 53 of 1920 and by Proclamation No. 197 of 1921 [L.S.W.A., 1915-1922, p. 47] : Land" Settlement Act, 1912. Land Settlement Amendment Act, 1917. Land Settlement Further Amendment Act, 1920. Land Settlement Proclamation Further Amendment Proclamation, 1923, No. 26 of 1923 [L.S.W.A., 1923, p. 49]. Amendment to Regulations under the Land Settlement Act, 1912; Government Notice No. 23 of 1924 [L.S.W.A., 1924, p. 24]. Act to provide for the Naturalisation of Aliens in the Mandated Territory of South-West Africa. No. 30 of 1924. Assented to 5 September 1924 [Statutes of the Union of South Africa, 1924, p. 124.—L.S.W.A., 1924, p. 82]. L.S.W.A. = Laws of South-West Africa. O.G.S.W.A. = Gazette of South-West Africa. ALBANIA Legislative Decree to prohibit the entrv into Albania of workers of all kinds. Dated 20 March 1925 [L.S., 1923^ Alb. 1]. ARGENTINA Constitution of 1853 (Articles 14 and 25, on the right to immigrate). I m m i g r a t i o n a n d Colonisation A c t 1 , No. 817. Dated 19 October 1876 [Ministerio de Agricultura de la Nación "Annexo 2 del Reglemento de la Dirección General de Tierras", p. 7, Buenos Aires, 1927], Residence of Aliens Act, No. 4144. Dated 22 November 1902 [Colección completa de Leyes Nacionales, Vol. X I I , 2 o , p. 699]. « Social Defence Act, No. 7029. Dated 28 J u n e 1910 [idem, Vol. XVI, p. 9]. 1 Texts oí what may be regarded as basic laws are given in heavy type. LIST OF LEGISLATIVE TEXTS 435 Decree relating to Contagious Diseases. Dated 28 October 1913. Decree for the application of section 32 of the Immigration Act. Dated 26 April 1916. Decree relating to morality and health certificates. Dated 3 October 1916 [ d . M . , 1919, p. 18]. Decree for the restoration to force of the two foregoing Decrees. Dated 18 J a n u a r y 1919. Decree relating to sick persons. Dated 31 March 1919. Circular stipulating that the possession of a visa creates no absolute right of admission. Dated 18 February 1921. Circular issued by the Argentine Minister for Foreign Affairs to the Argentine Consular Corps, recalling that certain advantages provided for by Act No. 817 are no longer granted to immigrants [Boletín de Servicios dé la Asociación del Trabajo, 20 April 1923]. Decree relating to Immigration. Dated 31 D e c e m b e r 1923 [Crónica Mensual del Departamento Nacional del Trabajo, February 1924, No. 74, p. 1215]. Circular issued to the Argentine Consular Corps relating to the presentation of medical certificates by aliens. Dated 6 February 1925 [C.I.M., February 1925, No. 93]. Circular relating to the certificates of health to be presented by persons travelling to the Argentine Republic. Dated 18 August 1925 [C.I.M., August 1925, No. 99]. Decree relating to access to the Port of Entry of Buenos Ayres. Dated 13 March 1925 [C.I.M., March 1925, No. 94]. Decree relating to landing of seamen (tripulantes) in Argentina. Dated 17 March 1925 [ d . M . , April 1925, No. 95, p. 972.—Diario Oficial, No. 9333, 7 May 1925]. Circular No. 7 relating to seamen. Dated 25 July 1925. Instructions concerning the papers to be carried by passengers travellingto Argentina [Official pamphlet : "República Argentina, Ministerio de Relaciones Exteriores y Culto", Buenos Ayres, 1926]. Act No. 4167 relating to State lands. Dated 8 January 1903 [Anexo I del Reglamento de la Dirección General de Tierras, p. 3]. Decree to regulate the foregoing Act. Dated 8 November 1906 [idem, p. 22]. Act No. 5559 relating to the economic development of national territories. Dated 11 September 1908 [idem, p. 7]. Act No. 6712 to extend the application of the foregoing Act to the Territorio de Misiones. Dated 11 October 1909 [idem, p. 12]. Decree relating to conditions of sale of lands coming under the provisions of Act No. 5559. Dated 30 November 1909 [idem, p. 53]. Decree relating to sales upon mortgage to tenant farmers. Dated 7 October 1910 [idem, p. 60]. Decree to regulate the sale of parcels of land in agricultural colonies. Dated 26 July 1923 [idem, p. 96]. Decree laying down general conditions for sales and leases. Dated 15 January 1924 [idem, p. 111]. Decree relating to colonisation by immigrant families. Dated 15 January 1924 [idem, p. 115]. Resolution for the regulation of the foregoing Decree. Dated 29 January 1924 [idem, p. 116]. Decree for the regulation of leases. Dated 27 October 1924 [idem, p. 136]. 436 LIST OF LEGISLATIVE TEXTS Decree relating to the concession of permits for precarious tenure of lots for the purpose of stock-raising. Dated 16 September 1925 [idem, p. 145]. Decree to approve the General Directorate of Lands Regulation 1 . Dated 19 January 1927 [Reglamento de la Dirección General de Tierras, p. 160]. C.I.M. = Circular Informativa Mensual del Ministerio de Relaciones Exteriores y Culto. AUSTRALIA C o m m o n w e a lth Immigration Act, 1901, subsequently amended on several occasions. The Immigration Act, 1901-1920 (consolidated text), includes the following Acts : Nos. 17 of 1901, 17 of 1905, 19 of 1905 (Contract Immigrants Act), 25 of 1908, 10 of 1910, 38 of 1912, and 51 of 1920; it was made applicable to the Australian Mandated Territory of New Guinea and to the Territory of Nauru (cf. above). The Immigration Act was subsequently amended by Act No. 47 of 1924 and by Act No. 7 of 1925. Consolidated T e x t of t h e I m m i g r a t i o n Act, 1901-1925 [Laws of Australia, 1925, Vol. X X I I I , p. 87.—L.S., 1924, Austral. 5, and 1925, Austral. 11]. Regulations issued for the application of the Immigration Act : Regulation of 1913-1914 [C.S.R., Vol. I I , p. 1056], Regulation of 1915 [C.S.R., 1915, p. 325], Regulation of 1919 [C.S.R., 1919, p. 446], Regulations Nos. 50 and 56 of 1923 [C.S.R., 1923, p. 157], Regulation No. 100 of 1924 [C.S.R., 1924, p. 226], Regulations Nos. 146 and 147 of 1925 [C.S.R., 1925, p. 208]. Proclamation under the Immigration Act, 1901-1925, to revoke the prohibition of immigration into the Commonwealth of any person of German, Austro-German, Bulgarian or Hungarian parentage and nationality, or a Turk of Ottoman race. Dated 3 December 1925 [Commonwealth of Australia Gazette, 1925, No. 103, p. 2476]. Pacific Islands Labourers Act, No. 16 of 1901, assented to 17 December 1901. Amended by Act No. 22 of 1906, assented to 12 October 1906. Consolidated text [CA., 1900-1911, p. 505]. Regulation for the application of the foregoing Act, 1913 [C.S.R., 1901-1914, Vol. I I , p. 1063]. Quarantine Ordinances, No. 3 of 1908 [CA., Vol. VI, p. 24], No. 15 of 1912 [CA., Vol. X I , p. 24], No. 42 of 1915 [CA., Vol. X I I I , p. 174] and No. 47 of 1920 [CA., Vol. X V I I I , p. 133]. Navigation Act, 1912-1920. Regulations under the Navigation Act, and Amendment of such Regulations, 1912-1925 [C.S.R., 1925, Nos. 14 and 169]. Passports Act, No. 46 of 1920. Assented to 2 December 1920 [CA., Vol. X V I I I , p. 129]. Nationality Act, No. 48 of 1920. Assented to 2 December 1920 [CA., Vol. X V I I I , p. 139]. 1 These Regulations constitute a digest of 1,053 sections laying'down administrative rules for the application of legal provisions relating to public lands. In addition, two appendices attached to the Regulations contain the Acts, Decrees, Orders, and Resolutions approved since 1867, and not repelled by sub33ii3afc législative or administrative Acts These are published together in one brochure, pp. 1 to 160. LIST OF LEGISLATIVE TEXTS 437 Act to amend the Nationality Act, 1920. No. 24 of 1922. Assented to 18 October 1922 [C.A., Vol. X X , p. 116]. Aliens Registration Act, 1920. No. 49 of 1920. Act to suspend the Operation of the Aliens Registration Act, 1920. No. 17 of 1926. Assented to 4 June 1926 [CA., 1926, Vol. X X I V , p. 61]. Immigration Loan Act, No. 31 of 1922. Assented to 18 October 1922 [CA., 1922, Vol. X X , p. 129]. Development and Migration Act, 1926. Assented to 21 J u l y 1926. [CA., 1926, Vol. X X I V , p. 105]. C.A. = Commonwealth Acts. CS.R. = Commonwealth Statutory Rules. Australian States New South Wales Crown Lands Consolidation Act, 1913. No. 7 of 1913. Amended by Crown Lands Amendment Acts, Nos. 10 of 1914, 29 of 1916, 55 of 1916, and 66 of 1916 [Crown Lands Consolidation Act, 1913, and Regulation, p. 1]. Agreement between the Commonwealth of Australia and the State of New South Wales in respect of and towards a scheme for land development and settlement and for immigration from the British Isles and elsewhere of persons of the British race. Dated 15 November 1922 [New South Wales Industrial Gazette, 31 December 1922, p. 1267, Sydney]. Juvenile Migrants Act, 1926 (16 Geo. V, No. 8). Assented to 17 March 1926 [L.S., 1926, Austral. 4]. Northern Territory Crown Lands Ordinance, 1912. No. 8 of 1912 [O.N.T.A., p. 109]. Amended by Crown Lands Ordinance, 1913 (No. 7 of 1913) [O.N.T.A., p. 184] and Crown Lands Ordinance, 1914 (No. 2 of 1914) [O.N.T.A., p. 198]. Advances to Settlers Ordinance, 1913. No. 5 of 1913 [O.N.T.A., p. 162]. O.N.T.A. = Ordinances of the Northern Territory of Australia. Queensland Immigration Act, 1882. No. 7 of 1882. Amended by Acts Nos. 18 of 1884, 8 of 1886, and 5 of 1887 [Q.S., Vol. I , p. 956]. Closer Settlement Act, 1906. No. 32 of 1906 [Q.S., Vol I I , p . 1678]. Amended by Acts Nos. 21 of 1913 [Q.S., Vol. VII, p. 5908], 10 of 1917 [Q.S., Vol. X , p. 8901[, and 18 of 1923 [Q.S., Vol. X I I , p. 10632]. Land Act, 1910. No. 15 oí 1910. Amended by Acts Nos. 19 of 1913, 32 of 1914, 19 of 1916, 21 of 1917, and 8 of 1918 (Consolidated text) [Q.S., Vol. X , p. 8775], Nos. 30 of 1920 [Q.S., Vol. X I , p. 9177], 24 of 1920 [Q.S., Vol. X I , p. 9180], 34 of 1922 [Q.S., Vol. X I I , p. 10096], and 33 of 1924 [Q.S., Vol. X I I , p. 10598]. Agricultural Bank Act, 1923. No. 41 of 1923 [Q.S., Vol. X I I , p. 10443]. Q.S. = Queensland Statutes. South Australia Crown Lands Acts. Nos. 1231 of 1915 and 1404 of 1919. Act for encouraging immigration into South Australia. No. 1599 of 1923. Assented to 6 December 1923 [A.P.S.A., 1923.—L.S. 1923, Austral. 4]. Act to amend the Immigration Act, 1923. No. 1810 of 1927. Assented to 14 December 1927 [A.P.S.A., 1927.—i.A., 1927, Austral. 1]. 438 LIST OF LEGISLATIVE TEXTS State Bank Act, No. 1703 of 1925 [A.P.S.A., 1925]. Act to consolidate and amend the law relating to State children, destitute persons, summary protection of married women . . . and to make provision for granting assistance to mothers for the maintenance of their children . . . No. 1780 of 1926 (17 Geo. V). Assented to 16 December 1926 (Part IV, Division I I : Apprenticing and Placing-out of State Children) [A.P.S.A., 1926]. A.P.S.A. = Acts of the Parliament of South Australia. Tasmania Crown Lands Act, 1911. No. (34 of 1911. Assented to 12 January 1912. Amended by Act No. 32 of 1924 [A.P.T., 1924-1925, p. 139]. Closer Settlement Act, 1913. No. 39 of 1913. Assented to 24 December 1913. Amended by Act No. 48 of 1924, assented to 13 January 1925, and the Act of 1925, assented to 9 December 1925 [A.P.T., 1924-1925, p. 193]. A.P.T. = Acts of the Parliament of Tasmania. Western Australia Act to regulate the apprenticeship and otherwise to provide for the guardianship and control of a certain class of juvenile immigrants. No. 8 of 1842. Dated 10 September 1842 [S.W.A.]. Ordinance to extend the provisions of the foregoing Act. No. 16 of 1849. Dated 9 May 1849 [S.W.A.]. Land Act, No. 37 of 1898. Amended by Acts Nos. 50 of 1899, 15 of 1900, 20 of 1900, 22 of 1905, 29 of 1906, 33 of 1909, 39 of 1909, 60 of 1915, 19 of 1917, 6 of 1918, 62 of 1919, 49 of 1920, 34 of 1922, 54 of 1923, and 21 of 1925. Agricultural Bank Act, No. 15 of 1906. Amended by Acts Nos. 12 of 1907, 50 of 1909, 4 of 1910, 18 of 1912, 54 of 1912, 22 of 1913, 12 of 1914, 15 of 1917, 3 of 1923, and 30 of 1923. Act relating to Advances by the Department of Lands and Survey to . . . group settlers and other persons . . . No. 2 of 1925. Assented to 12 September 1925 [S.W.A., 1925, p. 3]. Act relating to Group Settlement. No. 44 of 1925. Assented to 31 December 1925 [S.W.A., 1925, p. 161]. S.W.A. = Statutes of Western Australia. Dependency Territory of Papua Immigration Restriction Ordinance, 1907. No. 2 of 1908. Dated 16 April 1908 [S.L.P., Vol. I I , 1888-1916, p. 387]. Immigration Restriction Ordimnce Amendment Ordinance, 1925. No. 14 of 1925. Assented to 18 December 1925 [Separate official publication]. Aliens Ordinance, 1911. No. 26 of 1911. Assented to 6 October 1911. Amended by Aliens Ordinance, No. 3 of 1920 [S.L.P., 1888-1916, Vol. I I . p. 14]. Quarantine Ordinance, 1913. No. 6 of 1913. Assented to 14 August 1913 [S.L.P., Vol I I I , p. 899]. S.L.P. = Statute Laws of Papua. LIST OF LEGISLATIVE TEXTS 439 AUSTRIA Passports Ordinance. Dated 15 December 1921 [B.G.BL, 1921, No. 702, p. 2138]. Administrative Organisation Act, No. 277. Dated 21 July 1925 (section 17 : Matters connected with Migration) [B.G.BL, 1925, 63, No. 277, p. 974]. Federal Act respecting the temporary restriction of the e m p l o y m e n t of alien w a g e - e a r n i n g and salaried employees (Protection of National Workers Act). Dated 19 December 1925 [B.G.BL, No. 457 of 1925.—L. S., 1925, Aus. 2]. Ordinance relating to the classes of alien workers not coming under the Act of 19 December 1925. Dated 18 March 1926 [B.G.BL, 3 April 1926, No. 83, p. 501]. Ordinance for the application of the Act of 19 December 1925. Dated 29 September 1926 [B.G.BL, 5 October 1926, No. 290, p. 1224]. Circulars issued by the Migration Section of the Office of the Austrian Federal Chancellor, for the application of the Protection of National Workers Act : Zl. 40.211 W.A./1926 dated 27 January 1926; ZL 40.300 W.A./1926 dated 27 January 1926; ZL 52.493 W.A./1926 dated 4 October 1926; Zl. 55.872 W.A./1927 dated 2 April 1927. B.G.B1. = Bundesgesetzblatt. BELGIUM Act relating to registers of population. Dated 2 J u n e 1856. Royal Decrees relating to declaration of residence. Dated 14 July 1856 and 31 October 1866. Act relating to expulsion. Dated 12 February 1897. Circular issued by unemployment and placing services to labour exchanges (re : placing of aliens in employment), 1923. Circular relating to declaration of residence. Dated 20 February 1924. Royal Decree, setting up a National Committee for industrial protection. Dated 1 December 1924. Colony Belgian Congo Decree and General Administrative Ordinance relating to human tuberculosis. Dated 20 January 1921 [M.B.. 31 January 1921, p. 826]. Royal Decree relating to contracts of employment entered into by native workers and civilised employers (applicable to the natives of neighbouring colonies). Dated 16 March 1922 [M.B., 27 April 1922.—B.O.C., 15 April 1922, p. 354]. Decree for the repeal of the Governor-General's Legislative Act of 23 March 1918 prohibiting admission to the colony to natives of French West Africa. Dated 6 August 1922 [M.B., No. 236,24 August 1922, p. 5972.— B.O.C., 15 August 1922, p. 786]. Decree to approve the Legislative Act of the Governor-General of the Congo dated 8 March 1922, for the regulation of immigration policy. Dated 8 August 1922 [M.B., No. 240-241, 28 and 29 August 1922, p. 6061.— B.O.C., 15 August 1922, p. 797]. Governor-General's Ordinance No. 26/C, to amend section 4 of the Ordinance dated 8 March 1922 in execution of the Legislative Act dated 8 Marcii 440 LIST OF LEGISLATIVE TEXTS 1922 relating to immigration policy. Dated 12 March 1927 [Bulletin administratif et commercial du Congo Belge, 25 March 1927, No. 6]. M.B. = Moniteur belge. B.O.C. = Bulletin officiel du Congo. BOLIVIA Political Constitution of the State, 1880, adopted by the National Convention of 1899, amended by the Act of 27 August 1906 (section 4 : freedom of immigration) [Digesto de Legislación Boliviana, p. 1]. Supreme Decree for the regulation of immigration. Dated 18 March 1907 [República de Bolivia, Ministerio de Colonización y Agricultura : Reglamento de Inmigración libre:. La Paz, 1907]. Decree for the regulation of passports. Dated 26 March 1920 [A. de L., 1920, p. 192]. Decree relating to identity papers to be carried by immigrants. Dated 27 October 1921 [A. de L., 1921. p. 751]. Decree relating to aliens' residence cards. Dated 11 April 1922 [A. de L., 1922. p. 256]. Immigration Restriction Act. Dated 12 January 1924 [Bulletin of the Pan-American Union, J u n e 1924]. I m m i g r a t i o n Act. Dated 20 January 1927 [L.S., 1927, Bol. 2]. Supreme Decree fixing and reserving certain regions for colonisation purposes, with a view to offering land to alien immigrants. Dated 25 April 1905 [L.T.B., 1918, p. 57]. Free Lands Act. Dated 26 October 1905 [L.T.B., p. 57]. Supreme Decree for the regulation of free lands. Dated 20 J u n e 1907 [L.T.B., p. 15]. Supreme Decree reserving free lands for distribution among settlements of nationals, aliens, and natives of the district. Dated 6 March 1912 [L.T.B., p. 163]. Free Lands Act, suspending the: sale of such lands and extending to 1920 the period allowed to the allottees for the purposes of section 4 of the Act of 26 October 1905. Dated 11 September 1915 [L.T.B., p. 193]. Act to extend the period fixed for the consolidation of free lands held without legal title. Dated 12 November 1915 [L.T.B., p. 196]. Act to establish an annual ta?: of one-half centavo upon each hectare of land allocated. Dated 26 September 1917 [L.T.B., p. 200]. Act to extend the period fixed for consolidation of property. Dated 11 January 1918 [L.T.B., p. 218]. Presidential Decree relating to free lands (persons holding concessions must settle one family for every 1,000 hectares). Dated 19 January 1923 [Anuario administrativo 1923, pp. 44-45]. Presidential Decree relating to fiscal lands, fixing the period within which persons holding Gran Chaco concessions shall take possession of their property (re-survey of occupied lands). Dated 19 January 1923 [idem, pp. 45-47]. A. de. L. = Anuario de Leyes. L.T.B. = Legislación de tierras baldías, published 1918. LIST OF LEGISLATIVE TEXTS 441 BRAZIL Union Constitution of Brazil. Dated 24 February 1891 (Article ,69 relating to nationality). Decree relating to naturalisation. Dated 12 November 1903 [Martens, S. I I , Vol. X X X I I , p. 313]. Decree relating to Naturalisation. Dated 26 November 1908. Idem. Dated 14 May 1908. Idem. Dated 12 December 1907 [Martens, S. I l l , Vol. I l l , p. 225]. Instructions issued by the Federal Minister of the Interior to the Presidents and Governors of Brazilian States, relating to the naturalisation of aliens. Dated 28 June 1923. Decree relating to deportation of aliens. Dated 7 January 1907 [Martens, S. I l l , Vol. I l l , p. 735]. Decree (No. 14189) to regulate the Legislative Act No. 3987, dated 2 January 1920, creating a national Ministry of Public Health (Chapter V : Inspection of Immigrants and other Travellers; Chapter VI : Vaccination and Re-Vaccination in Ports). Dated 26 May 1920 [Brochure, Rio de Janeiro, 1920]. Decree (No. 4247) regulating alien i m m i g r a t i o n into Brazilian territory. Dated 6 January 1921 [Brochure : "Ministerio da Agricultura, Industria e Commercio, Rio de Janeiro, 1925."—L.S., 1921, Braz. 1]. Decree (No. 15868) opening a credit with the Ministry of Agriculture,. Commerce and Industry of $300,000 to cover the expenditure involved in introducing European agricultural immigrants into the country and in placing national workers [Diario Official, 1922, No. 284, p. 23416]. Decree (No. 16300) relating to the Maritime Health Service (Part IV, Chapter IV : Inspection of Immigrants and other Travellers). Dated 31 December 1923 [Brochure : "República dos Estados Unidos do Brazil, Ministerio da Agricultura, Industria e Commercio. Directoría geral do serviço de povoamento", pp. 13-15]. Decree ( N o . 16761) to prohibit the entry into Brazilian territory of i m m i g r a n t s (second and third class passengers) i n the cases and under the conditions specified i n sections 1 and 2 of Act N o . 4247. Dated 31 December 1924 [Diario Official, No. 69, 26 March 1925, p. 7721. —L.S., 1924, Braz. 1]. Instructions issued by the Director-General of the Population Service (with reference to the landing of immigrants and services concerned therewith). Dated 30 J u n e 1925. Approved by Order of the Minister of Agriculture, Industry and Commerce [Diario Official, No. 150, 2 July 1925, p. 13853]. Decree (No. 17096) to approve the Regulations relating to harbour authorities, with Regulations thereto. Dated 28 October 1925 [Brochure : "Ministerio da Marinha, Rio de Janeiro, 1926"]. Circular issued by the Ministry of Foreign Affairs to the Brazilian Consular Corps, C E . 124/1, for the application of Instructions dated 30 June 1925 for the regulation of admission of immigrants to the national territory. Dated 16 January 1926 [Diario Official do Estado da Bahia, 16 March 1926, p. 5204]. Federal Decree (No. 6455) approving the Regulations relating to the settlement of Brazilian territory; the Regulations being appended thereto. Dated 19 April 1907 [Brochure : "Imprensa Nacional", Rio de Janeiro, 1907]. Ordinance (portaría) approving the instructions tor the regulation of 442 LIST OF LEGISLATIVE TEXTS. selling prices and procedure for the distribution of lands in colonial centres founded for the account of the Union; with instructions relating thereto. Dated 19 March 1908 [Brochure : Ministerio da Agricultura, Industria e Commercio, Rio de Janeiro, 1908]. Federai Decree relating to settlement. Dated 9 July 1911. Federal Decree (No. 9081) laying down fresh Regulations for the Settlement Service. Dated 3 November 1911 [Brochure : Ministerio da Agricultura, Industria e Commercio, Rio de Janeiro, 1913]. Decree (No. 10105) approving the new Regulations relating to vacant Union lands; with Regulations thereto. Dated 6 March 1913 [idem, 1913]. Brazilian States Bahia Immigration Act (No. 1729), empowering the State Government to organise the settlement service and to make other provisions. Dated 23 August 1924 [official publication, Bahia, 1924]. Decree (No. 4225) approving the Regulations under Act No. 1729; the said Regulations being appended thereto. Dated 4 January 1926 [idem, 1926]. Minas Geraes Decree (No.6990) approving the Regulations of the Immigration and Settlement Services, the said Regulations being appended thereto. Dated 24 September 1925 [official publication, 1925]. Pernambuco Immigration Act. Dated 9 April 1924. Rio de Janeiro Decree (No. 2190) relating to immi;sration with a view to settlement. Dated 24 August 1926. Rio Grande do Sul Decree (No. 2098) relating to the settlement of voluntary immigrants. Dated 13 J u n e 1914 [official publication]. Decree (No. 3004) approving the Regulations relating to public lands and the population thereof; the said Regulations being appended thereto. Dated 10 August 1922 [idem, 1922]. Sao Paulo Act (No. 1299) setting up a Service of Protection for Agricultural Workers (Patronato Agrícola). Dated 27 December 1911 [official publication, Sao Paulo, 1912]. Decree (No. 2400) approving the consolidation of Acts, Decrees and Decisions relating to immigration, settlement, and the "Patronato Agricola". Dated 9 J u l y 1913 [idem, 1913]. Act for the reorganisation of immigration services [Diario Official da Sao Paulo, 19 January, 1927]. BULGARIA Act respecting Employment Exchanges and unemployment insurance (sections 3 and 27 relating to placement of aliens). Dated 12 April 1925, promulgated 5 May 1925 [L.S., 1925, Bulg. 2]. LIST OF LEGISLATIVE TEXTS 443 Circular No. 424, addressed to labour inspectors. Dated 14 June 1926 [Izvestia i stouzsanski arhiv na Ministerstroto na Targoviata, Promiscalenosta i Trouda, No. 3, 1926]. CANADA Dominion Naturalisation Act, 1914 (4 and 5 Geo. V, ch. 44) as amended by the Act of 1914 (5 Geo. V, ch. 7, K) and the Act of 1919 (10-11 Geo. V, ch. 59) : codified text, 1920 [Pamphlet of the Department of the Secretary of State for Canada, Ottawa, 1921, pp. 57-71]. Regulations under the Naturalisation Act, 1914-1920. Dated 29 April 1921 [Pamphlet above referred to]. Order of the Governor-General in Council : Immigration of Asiatics. Dated 12 April 1922 [L.S., 1922, Can. 1]. Act respecting Chinese immigration (13-14 Geo. V, eh. 38). Assented to 30 J u n e 1923 [L.S., 1923, Can 1]. Regulations under the foregoing Act : P.C. 1273, P.C. 1274, P.C. 1275, and 1276, of 10 J u l y 1923; and P.C. 711/436 of 24 March 1925[ Pamphlet of the Immigration and Settlement Department, 1926 : Chinese Immigration and Settlement Department, 1926 : Chinese Immigration Act, 1923, and Regulations]. Immigration Act, 1910-1924 (9-10 Edw. VII, eh. 27) assented to 4 May 1910; amended by Acts 1-2 Geo. V, ch. 12, assented to 4 April 1911 ; 5 Geo. V, ch. 2, assented to 22 August 1914; 9-10 Geo. V, ch. 25, assented to 6 J u n e 1919; 9-10 Geo. V, ch. 26, assented to 6 J u n e 1919; 10 Geo. V, ch. 19, assented to 10 November 1919; 11-12 Geo. V, ch. 32, assented to 4 J u n e 1921; 13-14 Geo V, ch. 51, assented to 30 J u n e 1923 [L.S., 1923, Can. 2], 14-15 Geo. V, eh. 45, assented to 19 July 1924 [L.S., 1924, Can 2.— Official Pamphlet : "The Immigration Acts and Regulations", September 1924]. Orders in Council issued from 1910 to 1923 in application of the Immigration Act : P.C. 23, dated 7 January 1914, in pursuance of section 38 of the foregoing Act; P.C. 919, dated 9 May 1910, in pursuance of section 71 ; P.C. 269, dated 15 February 1911, in pursuance of section 3 1 ; P.C. 1202 of 9 J u n e 1919, in pursuance of section 38; P.C. 1204, dated 9 June 1919, in pursuance of section 38; P.C. 115, dated 22 January 1920, in pursuance of section 38, c; P.C. 1493, dated 30 April 1920, in pursuance of section 4; P.C. 182, dated 31 January 1923, in pursuance of sections 37 and 38; P.C. 183, dated 31 January 1923, in pursuance of section 38; P.C. 185, dated 31 January 1923, in pursuance of section 37 [Official Pamphlet of the Immigration and Settlement Department : "The Immigration Act and Regulations", Ottawa, 1926]. P.C. 642, dated 11 April 1923, to amend P.C. 183. P.C. 534, dated 8 April 1926, to amend P.C. 183, Soldier Settlement Acts : Nos. 21 of 1917, 71 of 1919, 19 of 1920, 46 of 1922, and 53 of 1925. Canadian Provinces Alberta Child Welfare Act, 1925 (Part IV relatingto immigrant children). Assented to 10 April 1925 [Statutes of Alberta, Canada, 15 Geo. V, 1925, ch. 4]. 444 LIST OF LEGISLATIVE TEXTS New Brunswick Act to facilitate the Settlement of Crown Lands. X X X I Vict., eh. VII. Dated 16 March 1868 [The Consolidated Statutes of New Brunswick 1903. Vol. 1, pp. 321-341]. Regulations for carrying out the provisions of the foregoing Act. Approved in Council 12 April 1875, 8 September 1913, 2 October 1918, and 4 June 1919. Act to encourage the settlement of farm lands. Dated 12 April 1912. Nova Scotia Act respecting immigrant children. Dated 16 March 1926 [The Statutes of Nova Scotia, 1926. Edition of the Ministry of Public Works and Mines]. Ontario Immigrant Children's Protection Act, 1924. Dated 17 April 1924 [Statutes of Ontario, Canada, 14 Geo. V, 1924, ch. 70, p . 355]. CHILE Decree for the regulation of the service concerning voluntary immigration. Dated 15 October 1895 [B.O.T.. No. 19 of 1922, p. 6]. Decree (No. 1433) confirming the exemptions allowed to immigrants under section 2 of the foregoing Decree. Dated 8 November 1900. Decree (No. 1211) relating to the Immigration Service. Dated 24 J u n e 1905. Immigration Regulation. Dated 25 September 1907. Decree relating to the Immigration and Settlement Service. Dated 14 October 1907. Residence Act, No. 3446. Dated 12 December 1918 [B.O.T., No. 19 of 1922, p. 24]. Circular issued by the Ministry of Foreign Affairs to consuls of the Chilian Republic abroad, laying down the formalities to be observed by aliens immigrating to Chile. Dated October 1923. Act relating to persons employed in private undertakings. Dated 31 December 1924. Definitive text published by Decree No. 857, dated 11 November 1925 [D.O., No. 14348. 16 December 1925]. Supreme Decree (No. 981) establishing sanitary regulations for ports and frontiers. Dated 21 December 1925. Settlement Act : colonies of nationals and aliens. Dated 18 November 1845. Act relating to settlement of Chilians repatriated from the Argentine Republic. Dated 14 September 1896. Decree (No. 1262) for the regulation of the foregoing Act. Dated 24 September 1896. Decree (No. 1363) relating to settlement by voluntary immigrants. Dated 1 September 1899. Decree fixing the limit of times within which application must be made for recognition as an "immigrant settler". Dated 13 J u l y 1903. Decree relating to the granting of definite titles to property. Dated 12 October 1908. Legislative Decree (No. 601) relating to the constitution of southern property [D.O., 16 October 1925]. LIST OF LEGISLATIVE TEXTS 445 Decree (No. 279) to regulate the provisions of Legislative Decree No. 601 [D.O., 11 June 1926]. D.O. = Diario Oficial de la República de Chile. B.O.T. = Boletín de la Oficina del Trabajo. COLOMBIA Act (No. 48) relating to Immigration. Dated 3 November 1920 [D.O., Nos. 17,392 and 17,393, 3 November 1920, p. 201]. Act (No. 99) to codify the laws in force relating to public hygiene. Dated 7 September 1922. Act (No. 114) relating to immigration and agricultural settlements. Dated 30 December 1922 [D.O., Nos. 18,693 and 18,694, 8 January 1923, p. 33]. Act No. 100 relating to settlement. Dated 3 December 1923 [Leyes expedidas por el Congreso nacional, 1923]. Act (No. 68 of 1924) for the establishment of an Agricultural Mortgage Bank, and amending Acts Nos. 24 of 1921 and 110 of 1923. [Amended publication : D.O., 2 February 1925, p. 173]. Act (No. 74) relating to the development of agriculture and immigration, and to divers other matters. Dated 30 November 1926 [D.O., No. 20,361, 1 December 1926, pp. 393-395]. D.O. = Diario Oficial de la República de Colombia. C O S T A RICA Act relating to nationality. Dated 21 December 1886. Confirmed by that of 13 May 1889 [Official Brochure : Recopilación de las leyes vigentes en la República de Costa Rica relativas a Cindadanía, Entrada y Expulsión de extranjeros, Pasaportes, y Sanidad marítima, 1925, p. 3]. Act relating to Deportation. Dated 18 June 1894 [idem, p. 8]. Acts relating to religious communities. Dated 5 June and 22 July 1894 [idem, pp. 10-11]. Act to prohibit the admission of Chinese nationals. Dated 22 May 1897 [idem, p. 11]. Act to prohibit the admission of Arabs, Turks, Syrians, Armenians, and Gipsies. Dated 10 June 1904 [idem, pp. 11-12]. Act to amend the foregoing Acts. Dated 11 July 1906 [idem, p. 12]. Act to approve that of 24 November 1905 laying down restrictions upon immigration. Dated 5 June 1906 [idem, p. 13]. Act to amend the Act of 10 June 1904. Dated 29 June 1910 [idem, p. 14]. Act to prohibit the admission of coolies. Dated 15 January 1912 [idem, p. 14]. Act to restrict immigration. Dated 31 August 1914 [idem, pp. 14-15]. Presidential Decree for the repeal and substitution of that of 22 January 1920 relating to passports. Dated 11 December 1924 [idem, p. 16]. Presidential Decree laying down maritime health regulations. Dated 16 December 1924 [idem, p. 22]. Decree to amend the Decree of 15 January 1912 relating to immigration of Indian coolies. Dated 26 October 1925 [Gaceta oficial, No. 254,5 November 1925.—Boletín de la Unión Panamericana, April 1926]. Decree relating to immigrants' health certificates. Dated 16 March 1927. 446 LIST OF LEGISLATIVE TEXTS CUBA Military Order (No. 155) relating to immigration. Dated 15 May 1902 [Legislación obrera de la República de Cuba, publicación de la Secretaría de Agricultura, Comercio y Trabajo, 1919, p. 171]. Act relating to immigration. Dated 11 July 1906 [ C O . , 11 July 1906; pamphlet cited above, p. 186]. Regulation (No. 743) for the; execution of the Immigration Act and provisions concerning immigration, settlement and labour. Dated 20 August 1910 [ C O . , 9 September 1910; pamphlet cited above, p. 190], Act relating to immigration (section 5). Dated 3 August 1917 [ C O . , 4 August 1917; pamphlet cited above, p. 210]. Decree (No. 1707) relating to the introduction of alien workers. Dated 29 October 1917 [ C O . , 2 November 1917; pamphlet cited above, p. 213]. Act relating to immigration, repealing the Act of 3 August 1917 with the exception of section 5. Dated 18 Mav 1922 [ C O . , No. 120, 23 May 1922, p. 10465]. Decree (No. 1120) to create the post of Superior Delegate for Immigration in Europe and America. Dated 9 August 1922. Decree (No. 559) suspending immigration of Chinese nationals to Cuba. Dated 8 May 1924 [ C O . , No. 234, 1924, p. 155]. Act relating to the post of Superior Delegate for Immigration and Colonisation. Dated 17 February 1925 [CO., No. 40,18 February 1925, p. 3731]. Decree (No. 384) concerning Immigration and the White Slave Traffic. Dated 2 March 1925 [ C O . , No. 63, 18 March 1925, p. 5921]. Decree to amend section 14 of Decree No. 384 of 2 March 1925. Dated 8 October 1926. Decree (No. 1601) relating to the deportation of aliens. Dated 27 J u l y 1925 [CO., No. 24, 28 J u l y 1925, p. 2465]. Decree (No. 2303) to approve the Regulations under section V of the Act of 3 August 1917 and 18 May 1922. Dated 18 November 1925 [ C O . , No. 120, 19 November 1925.—L.S., 1925, Cuba 1]. Decree (No. 570) relating to the immigration of Chinese nationals. Dated 27 April 1926 [ C O . , No. 103, 4 May 1926, p. 9253]. Decree (No. 573) setting up a Register of consular visas issued to Chinese citizens. Dated 27 April 1926 [G.O., No. 103, p. 9245]. Decree (No. 156) to amend section 10 of the Decree of 2 March 1925. Dated 10 February 1927 [ C O . , No. 35, 12 February 1927, p. 2333]. Decree (No. 503) relating to Chinese citizens going abroad with the intention of returning to the country. Dated 2 April 1927 [Boletín Oflcial de la Secretaría de Estado, April 1927]. C O . = Gaceta Oficial. CZECHOSLOVAKIA Act (No. 71) respecting emigration (section 46 : admission of aliens). Dated 15 February 1922 [S.G.V., No. 23, 13 March 1922, p. 259.— L.S., 1922, Cz. 1]. Governmental Decree (No. S.L.G.,207) to amend the Decree of 9 J u n e 1921 relating to the residence and. employment of aliens. Dated 25 October 1923 [S.G.V., No. 98, 31 October 1923, p. 1007]. Governmental Decree (No. S.L.C, 163) to establish a permit fee in respect of the employment of aliens. Dated 18 J u n e 1925 [S.G.V., No. 64, 1925, p. 893]. LIST OF LEGISLATIVE TEXTS > 447 Decree (No. Zl. 8617, 1926-5) issued by the Minister of the Interior, relating to the employment of alien workers. Dated 11 February 1926. Act r e l a t i n g t o t h e e m p l o y m e n t of alien l a b o u r . Dated 13 March 1928 [S.G.V., 26 March 1928]. S.G.V. = Sammlung der Gesetze und Verordnungen des tschechoslowakischen Staats. DANZIG (FREE CITY OF) Police Order relating to the employment of seasonal workers. 10 January 1927 [Staatsanzeiger, 1,1927, No. 5, p. 11]. Dated DENMARK Act No. 52 of 1875 lelating to the supervision of aliens and travellers, etc. Dated 15 May 1875 [Kongeriget Danmarks Love, Vol. I, p. 812]. Act No. 80 relating to the provisional amendment of the foregoing Act. Dated 31 March 1926 [L., No. 11, 8 April 1926]. Act No. 67 relating to alien workers. Dated 1 April 1912 [Kongeriget Danmarks Love, Vol. I I , p. 1109]. Act in completion of the foregoing. Dated 8 May 1917 [L., 1917, No. 236, Dansk Lovsamling 17, p. 136]. Acts to extend the period of validity of the supplementary Act dated 8 May 1917. Dated 20 March 1918 [L., 1918, No. 157, Dansk Lovsamling, p. 107]; No. 59 dated 19 February 1920 [Dansk Lovsamling, 1920, p. 38]; No. 362 dated 28 June 1920 [Dansk Lovsamling, 1921, p. 123]. Act to amend the Act No. 67 dated 1 April 1912 relating to alien workers. Dated 6 May 1921 [L. 1921, No. 247. Dansk Lovsamling, 1921, p. 123]. Act No. 308 relating to the employment of alien workers (extending the application of the Act of 1 April 1912 to cover the Province of South Jutland). Dated 30 June 1922 [Dansk Lovsamling, 1922, p. 509.—L., 1922, No. 31, p. 1576]. Royal Ordinance No. 81 relating to passports. Dated 31 March 1926 [L., A. No. 11, 8 April 1926, p. 187]. Ministerial Decree No. 82 concerning the obligation to carry a passport. Dated 31 March 1926 [L., A. No. I I , 8 April 1926, p. 187]. Ministerial Decree No. 137 relating to aliens' employment permits and residence permits. Dated 11 May 1926 [L., A. No. 19, 19 May 1926, p. 830]. L. = Lovtidenden. DOMINICAN REPUBLIC Presidential Decree relating to the engagement of agricultural workers. Dated 12 January 1923 [G.O., 17 January 1923, p. 5]. Constitution passed 17 June 1927 (Article 6 : right to work, rights of association and meeting, property rights, freedom of movement, right to enter and leave the territory; Article 8 : nationality) [G.O., 17 June 1927, p. 4]. Act relating to settlement. Dated 25 June 1927 [CO., 2 J u l y 1927, p. 3]. G.O. = Gaceta Oficial. 448 LIST OF LEGISLATIVE TEXTS ECUADOR Constitution passed 1897 (sections 4-6 : nationality ; section 37 : admission; section 38 : aliens recruited by the Government) [Recopilación de leyes del Ecuador, Vol. I, p. 516]. Act relating to aliens, extradition, and naturalisation. Dated 8 October 1921, promulgated 18 October 1.921. Repeals the Act of 25 August 1892 [R.O., No. 344, dated 7 November 1921.—Anuario de legislación ecuatoriana, 1921, pp. 54-67]. Decree relating to immigration and colonisation. Dated 30 December 1926 [R.O., No. 225 of 1927, p. 1370]. Supreme Decree (No. 2) relating to the organisation of immigration and settlement services. Dated 8 January 1927 [R.O., No. 233, 13 January 1927, p. 2036]. Decree to amend, in pursuance of foregoing Decree., the Supreme Decree dated 31 December 1926 relating to the Budget. Dated 24 January 1927 [R.O., No. 255, 8 February 1927, p. 2211]. R.O. = Registro Oficial. ESTONIA Act (No. 48) relating to the issue of aliens' work permits. Dated 17 May 1927 [Riigi Teataja, 1927, No. .32, p. 71S.—L.S., 1927, Est. 2]. FINLAND Ordinance relating to the entry and stay of aliens. Dated 23 November 1926 [Finlands Författningssamling, 1.926, No. 292, p. 782.—Excerpts : L.S., 1926, Fin. 4]. FRANCE Act relating to the stay of aliens and the protection of national industry. Dated 8 August 1893 [B.L., 1893, 1st half-year, No. 1587, p. 996]. The application of this Act was extended to cover Algeria bv Decree dated 7 February 1894 [J.O., 11 February 1894,—B.L., 1894, No" 27681, p. 236], a n d to cover Guiana by Decree dated 28 November 1896 [J.O., 1 December 1896.—B.L., 1896, No. 32066, p. 1806]. Decree establishing an identity card for aliens. Dated 2 April 1917 [G.O., No. 96, 7 April 1917, p. 2725]. This Decree was amended and supplemented on several occasions; and its provisions, thus amended and completed, were condensed into the Decree of 25 October 1924, to regulate the stay of aliens in France, which is applicable to Algeria and AlsaceLorraine, as also are the later amending Decrees [J.O., No 284, 1 November 1924, p. 9751]. Decree relating to the identity card. Dated 9 September 1925 [J.O., No. 216, 15 September 1925, p. 9007]. Decree relating to the identity card. Dated 30 November 1926 [J.O., No. 280, 2 December 1926, p. 12659]. Circular issued by the Minister of the Interior to Prefects, relating to the application of the Decree dated 30 November 1926. Dated 31 December 1926 [B.M.T., January-February-March 1927, p. 45*]. Two Decrees relating to the identity card. Dated 20 January 1927[J.O., No. 18, 22 January 1927, p. 834.—B.M.T., January-February-March 1927, p. 44*]. LIST OF LEGISLATIVE TEXTS 449 Decree relating to stamping of identity cards. Dated 15 May 1927 [J.O., No. 126, 31 May 1927, p. 5628]. Decree relating to the issue of identity cards to aliens. Dated 20 January 1928 [J.O., No. 22, 26 January 1928, p. 1108]. Finance Act (section 19 relating to aliens' identity cards). Dated 19 December 1926 [J.O., 19 December 1926, p. 13162.—B.M.T., January-FebruaryMarch 1927, p. 1*]. Finance Act (sections 88-89, relating to aliens' identity cards). Dated 26 March 1927 [J.O., 26 March 1927, p. 3410.—B.M.T., January-FebruaryMarch 1927, p. 1*]. Decree relating to aliens' identity cards (fees). Dated 20 January 1928 [J.O., No. 22, 26 January 1928, p. 1109]. Decree creating a National Labour Supply Council. Dated 3 February 1920 [B.M.T., 1920, p. 1*.—£.£., 1920, Fr. 10]. Interdepartmental Decree establishing a Permanent Immigration Commission. Dated 18 July 1920 [J.O., No. 207, 31 July 1920, p. 10894.—B.M.T., 1920, p. 97*.—L.S., 1920, Fr. 20]. Amended by Decree dated 2 November 1920, J.O., No. 304 of November 1920, p. 17707]. Decree attaching the Agricultural Labour Supply Service to the Director.ate of Agriculture. Dated 4 February 1922 [J.O., No. 41, 11 February 1922, p. 1718]. Decree relating to the duties of the Agricultural Labour Supply Service. Dated 12 November 1922 [J.O.,No. 335, 11 December 1922, p. 11854]. Ministerial Order creating a Service for the supervision and assistance in France of natives of French colonies, attached to the Ministry of the Colonies. Dated 12 December 1923 [J.O., No. 4, 5 January 1924, p. 201]. Decree to reorganise the National Labour Supply Council. Dated 7 April 1925 [J.O., No. 85, 10 April 1925, p. 3675.—L.S., 1925, Fr. 5]. Decree relating to the working of the National Economic Council. Dated 4 February 1926 [J.O., No. 40, 17 February 1926, p. 2170]. Decree changing the name of the Agricultural Labour Supply Service. Dated 2 March 1927 [J.O., No. 56, 7 and 8 March 1927, p. 2754]. Code of L a b o u r a n d Social Welfare, Book II (sections 64, 98 a n d 172, r e l a t i n g to t h e e m p l o y m e n t of Alien W o r k e r s ) . » Decree making applicable to Algeria Book I I of the Code of Labour and Social Welfare. Dated 15 January 1921 [J.O., No. 47, 17 February 1921, p. 2043]. Decree extending the provisions of Book I I of the Code of Labour and Social Welfare, relating to . . . the employment of aliens, to apply to Alsace and Lorraine. Dated 3 December 1923 [J.O., No 340, 16 December 1923, p. 11713]. Act to a m e n d sections 64, 98 a n d 172 of B o o k I I of t h e Code of L a b o u r a n d Social Welfare, for t h e p u r pl o s e of p r o t e c t i n g t h e n a t i o n a l l a b o u r m a r k e t . Dated 11 August 1926 [J.O., No 187, 12 August 1926, p. 9338.—B.M.T., July-August-September 1926, p. 67*.—L.S., 1926, Fr. 11]. Decree for the application of the Act of 11 August 1926. Registration of alien workers by their employers. Dated 20 January 1927 [J.O., No. 30, 5 February 1927, p. 1571.—B.M.T., January-February-March 1927, p. 29*]. Circular issued by the Minister of Labour, relating to the application 1 The provisions of this Act are applicable to Algeria and Alsace-Lorraine; they were •extended to apply to Martinique by a Decree dated 28 December 1927 (cf. Martinique). 29 450 LIST OF LEGISLATIVE TEXTS of the Act of 11 August 1926. Dated 5 February 1927 [B.M.T., JanuaryFebruary-March 1927, p. 32*]. Circular issued to consular agents by the Minister for Foreign Affairs, relating to restrictions placed upon the coming of alien workers to France. Dated 15 February 1927 [B.M.T., January-February-March 1927, p. 52*]. Circular issued to French diplomatic representatives abroad by the Minister for Foreign Affairs, relating to restrictions to be placed upon the coming of alien workers. Dated 15 February 1927 [B.M.T., January-FebruaryMarch 1927, p. 53*]. Circular issued to consular agents by the Minister for Foreign Affairs, relating to inspection of the health of alien workers. Dated 20 February 1927 [B.M.T., January-February-March 1927, p. 54*] Act relating to nationality. Dated 10 August 1927 [J.O., No. 189,14 August 1927, p. 8697]. Sanitary Maritime Police Regulation applicable in France and in Algeria (Chapter VI : Prophylactic measures applicable to ships and to certain categories of persons ; sections 57 and 69 relating to immigrants). Promulgated bv Decree dated 8 October 1927 [J.O., No. 237, 12 October 1927, p. 10573]. J.O. = Journal officiel de la République française. B.L. = Bulletin des lois de la République française. The number indicated is the order number ot the text. B.M.T. = Bulletin du Ministère du Travail. Dependencies Algeria See France. Morocco Ordinance of the Resident Commissioner-General relating to persons arriving or staying in the French Zone of the Sherifian Empire. Dated 13 November 1914 [B.O.M., No. 110, 30 November 1914, p. 851]. Order isiyed by the Governor-General relating to the arrival and stay of aliens in Morocco (restoring to force the provisions of the foregoing text). Dated 15 January 1924 [B.O.M., No. 588, 29 January 1924, p. 148]. Decree relating to French nationality in the French Zone of the Sherifian Empire. Dated 8 November 1921 [J.O.,No. 307,13 November 1921, p.12590 and Ño. 309, 16 November 1921, p. 12679]. Dahir relating to Moroccan nationality in the said Zone. Dated 8 November 1921 (7 Rebia 1340). B.O.M. = Empire chérifien Protectorat de la République française au Maroc. Bulletin officiel. Tunis Decree to regulate the registration of aliens. Dated 13 April 1898 [J.O., 16 April 1898, p. 271.—Code et Lois de Tunisie, Vol. I, p. 293]. Decree to amend the foregoing. Dated 24 J u l y 1916. [J.O., 12 July 1916, p. 284.—Code et Lois de Tunisie. Vol. I I , p. 226]. Decree of the Bey of Tunis relating to the medical examination and vaccination of immigrants. Dated 2 May 1903 [J.O., 9 May 1903, p. 403.— Code et Lois de Tunisie, Vol. I, p. 375]. Sanitary Police Regulation (sections 34 and 50, relating to immigrant O LIST OF LEGISLATIVE TEXTS 451 ships). Dated 16 February 1909 [Code et Lois de Tunisie, Vol. I , pp. 616 and 618]. Order issued by the Resident, creating an Employment Exchange in Tunis. Dated 6 June 1919 [B.M.T., 1922, p. 384]. Decree relating to French nationality in the Regency of Tunis. Dated 8 November 1921 [J.O., No. 307, 13 November 1921, p. 12590]. Decree of the Bey of Tunis relating to Tunisian nationality. Dated 8 November 1921. Colonies Decree relating to the immigration of workers into the colonies, employment contracts, and obligations of workers and of persons employing them (originally applicable to Martinique, Guadeloupe, Réunion and Guiana). Dated 13 February 1852 [B.L., first half-year, 1852, No. 3724, p. 540]. Decree relating to European and extra-European emigration to the French Colonies. Dated 27 March 1852 [B.L., first half-year 1852, No. 3958, p. 1018]. Act to extend to the colonies the provisions of the Acts of 3 December 1849 and of 29 J u n e 1867 relating to the stay of aliens. Dated 29 May 1874 [J.O., 10 June 1874.—B.L., 1874, No. 3115, p. 826]. French Equatorial Africa Order to regulate Declarations of Residence by aliens desiring to settle in Equatorial Africa. Dated 9 November 1914 [J.O.A.E., No. 23,1 December 1914, p. 491]. Order supplementing the foregoing. Dated 25 May 1925 [J.O.A.E., 15 J u n e 1925, p. 342]. J.O.A.E. = Journal official de l'Afrique equatoriale française. French West Africa Decree to regulate the stay and settlement of aliens in French West Africa (sections 1, 2, 3, 6, 7 and 9 do not apply to natives born in neighbouring foreign colonies). Dated 1 August 1921 [J.O., No. 208, 4 August 1921, p. 9140]. Decree extending the provisions of sections 1, 2, 3, 6, 7 and 9 of the Decree dated 1 August 1921 to cover natives of foreign colonies in Africa. Dated 17 March 1922 [J.O., No. 79, 21 March 1922, p. 3143]. Decree to amend the Decree of 1 August 1921. Dated 28 April 1923 [J.O., No. 118, 1 May 1923, p. 4288]. Decree to regulate the system in regard to aliens and conditions under which French and alien travellers are allowed to land in West Africa. Dated 24 January 1925 [J.O., No. 34,10 February 1925, p. 1566:—J.O.A.O., No. 1069, 14 March 1925, p. 219]. Circulars issued by the Governor-General to the Lieutenant-Governors of the Colonies comprised in the Group for the application of the foregoing Decree. Dated 17 J u l y 1925 [J.O.A.O., No. 1089, 1 August 1925, p. 617], and 26 July 1925 [J.O.A.O., No. 1090, p. 634]. New Circular. Dated 17 August 1926 [J.O.A.O., No. 1145, 28 August 1926, p. 773]. Decree to amend the Decree of 24 January 1925. Dated 5 March 1927 [J.O., No. 58, 10 March 1927, p. 2844]. Order prescribing measures for the sanitary supervision of travellers of any nationality whose country of origin is any colony, protectorate, or country under mandate. Dated 28 April 1927 [J.O.A.O., No. 1181, 7 May 1927, p. 363]. J.O.A.O. = Journal officiel de l'Afrique occidentale française. 452 LIST OF LEGISLATIVE TEXTS Guadeloupe Cf. under general heading : "Colonies". Orders relating to the régime for immigrants to Guadeloupe. Dated 16 November 1855,24 September 1859,18 February 1860,19 February 1861, 16 J u n e 1877,27 January 1880,16 and 21 February 1881, and 28 August 1882. Order. Dated 30 June 1890. Guiana Cf. under general heading : "Colonies". Decree relating to the regulation of immigration to Guiana. 13 J u n e 1887 [B.L., 1887, second, half-year, No. 18,275, p. 433]. Dated Indo-China Regulations relating to the entire group : Order to the Governor-Genera;! relating to immigration. Dated 7 April 1904 [J.O.I., No. 32, 21 April 1904, p. 476]. Order of the Governor-General for the reorganisation of the immigration services set up in Cochin-China and Cambodia by Orders dated 16 October 1906 (Cochin-China), 2 J u l y 1913 and 15 Julv 1919 (Cambodia). Dated 20 June 1921. Order fixing the age at which domestic servants and Asiatic workers are required to obtain a work book. Dated 6 March 1924 [J.O.I., No. 20 of 1924, p. 500]. Order creating a Commission to enforce proper conditions for workers on board ship. Dated 13 March 1925 [J.O.I., No. 22, 1925]. Order regulating the protection of native or Asiatic alien labour employed under contract for the exploitation of agriculture, industry, or mines in Indo-China. Dated 25 October 1927 [J.O.I., 1927, No. 90, p. 3033; erratum J.O.I., 1927, No. 97, p. 3277]. Annam Order relating to conditions of permanent and temporary residence of Chinese persons in Annam. Dated 28 April 1926 [J.Ö.I., 1 May 1926, p. 1123]. Cambodia Order for the organisation of the Immigration and Judicial Identification Service in Cambodia. Dated 2 July 1913 [J.O.I., 7 July 1913, p. 1140]. Order to regulate Asiatic immigration to Cambodia. Dated 15 November 1919 [J.O.I., 20 December 1919, p. 2509]. Order to amend section 1. (2), of the Order of 15 November 1919. Dated 30 J u l y 1924 [J.O.I. No. 63, 1924, p. 1503]. Order to amend section 13 of the Order of 15 November 1919. Dated 30 March 1925 [J.O.I., No 28, 8 April 1925, p. 688]. Order to amend section 18 of the Order of 15 November 1919 (residence permit). Dated 20 July 1926 [J.O.I., No. 63, 7 August 1926. p. 1964]. Order for the organisation of the native staffs of the Immigration Services in Cochin-China and Cambodia. Dated 29 August 1924 [J.O.I., No 71, 3 September 1924, p. 1369]. Order instituting a special identity card for Asiatic aliens in Cambodia. Dated 23 September 1925 [J.O.I., No. 79, 3 October 1925, p. 2027 ; erratum : p. 2317]. LIST OF LEGISLATIVE TEXTS 453 Cochin-China Order intended to suppress irregular departure of Asiatic Immigrants for Cochin-China. Dated 26 July 1904 [J.O.I., 4 August 1904, p. 923]. Order to regulate the European and Asiatic staffs of the Immigration Service in Cochin-China. Dated 10 October 1906 [J.O.I., 25 October 1906, p. 1519]. Order to regulate the Asiatic Immigration Services in Cochin-China. Dated 16 October 1906 [J.O.I., 25 October 1906, p. 1514]. Order amending that of 16 October 1906 relating to Asiatic Immigration into Cochin-China. Dated 27 October 1922 [J.O.I., 1 November 1922, p. 2354]. Tongking Order relating to the Immigration of Chinese persons to Tongking. Dated 12 December 1913 [J.O.I., 18 December 1913, p. 1998]. Order to repeal section 27 of the Order of 12 December 1913. Dated 19 August 1920 [J.O.I., No. 67 of 1920, p. 1497]. Order to amend section 13 of the Order of 12 December 1913. Dated 11 November 1924 [J.O.I., 15 November 1924, p. 1186]. Order, issued by the Superior Resident at Tongking, to re-draft the regulation relating to Head-Tax payable by Asiatic aliens. Dated 4 September 1925 [J.O.I., No. 89,7 November 1925, pp. 2366 and 2524], J.OlI. = Journal officiel de l'Indochine française. Madagascar Decree relating to immigration. Dated 6 May 1903 [J.O., 13 May 1903. —B.L., 1903, No. 2485, p. 774]. Decree to regulate, from the commercial and fiscal points of view, the position of immigrants of Asiatic and African origin. Dated 17 August 1923 [J.O., No. 225, 21 August 1923, p. 8317]. Decree to regulate conditions for the stay and settlement of aliens in Madagascar. Dated 26 August 1925 [J.O., No. 205, 2 September 1925, p. 8628]. Order to regulate the stay in Madagascar and its dependencies of immigrants of Asiatic and African origin, and fixing at 150 francs the t a x payable by Asiatic and African merchants, and persons employed by them. Dated 30 October 1926 [J.O. de Madagascar et dependences, 6 November 1926, p. 1032]. Martinique Order to abolish the system of regulated immigration. Dated 26 December 1884. Order to regulate immigration. Dated 17 January 1885. Decree to extend to Martinique the provisions of the Act of 11 August 1926, for the purpose of protecting the national labour market. Dated 28 December 1927 [J.O., 1928, No. 1, p. 57—L.S., 1927 ; Fr. 15]. Mayotte and Nossi-Bé Decree relating to immigration to Mayotte and Nossi-Bé. Dated 2 October 1885 [B.L., 1885, second half-year, No. 16,043, p. 1277]. New Caledonia In principle, the Decree of 24 February 1920 to regulate immigration into the French Establishments in Oceania (see below) is applicable to alien 454 LIST OF LEGISLATIVE TEXTS native immigrants in New Caledonia. By Orders of the Governor, the system established by that Decree is most frequently applied in the case of Indo-Chinese introduced into the colony in groups. In addition, the following legislative measures apply specially to the Colony of New Caledonia : Decree to regulate Oceanic immigration into New Caledonia. Dated 11 J u l y 1893. Order to regulate the special recruiting conditions for Indo-Chinese immigrants. Dated 20 J u n e 1895. Order (No. 741) creating an Assistance Fund for Javanese nationals. Dated 30 January 1920 [J.O.N.C, 7 February 1920, p. 144]. Order (No. 430-1) relating to visas of permits for unrestricted residence. Dated 10 May 1920 [J.O.N.C, No. 3017, dated 22 May 1920, p. 367]. Order (No. 431-1) to regulate the movements of immigrants by night. Dated 10 May 1920 [J.O.N.C, No. 3017, 22 May 1920, p. 368]. Supplemented by Order No. 211. Dated 3 March 1923 (J.O.N.C, 17 March 1923, p. 135]. Order fixing conditions for the repatriation of immigrants of Asiatic or Javanese race. Dated 26 July 1922 [J.O.N.C, No. 3137, 19 August 1922, p. 465]. Order relating to Javanese workers introduced into the colony on 4 August 1922 by the s.s. "Lemaire". Dated 24 August 1922 [J.O.N.C, No. 3139, 2 September 1922, p. 496]. Order fixing the conditions for collecting expenses of repatriation of Javanese immigrants. Dated 29 July 1924 [J.O.N.C, No. 3238, 30 August 1924, p. 435]. J.O.N.C. = Journal officiel de: la Nouvelle-Calédonie. Establishments in Oceania Decree relating to the stay of aliens, Dated 4 December 1903. Amended by Decree of 22 April 1921 [J.O., No. 16094, 25 April 1921, p. 5051]. Decree to regulate immigration. Dated 24 February 1920 [J.O., No. 64, 5 March 1920. p. 3664.—B.L., 1920, No. 268, p. 793]. Order of the Governor-General regarding immigration. Dated 24 March 1924. Decision to nominate a Commission to deal with questions relating to the importation of Indo-Chinese labour. Dated 24 J u l y 1924 [J.O.E.O., No. 15, 1 August 1924, p. 238]. Order to place a sum of 115,000 francs a t the disposal of the Agricultural Fund, for the purpose of introducing Indo-Chinese labour. Dated 16 May 1925 [J.O.E.O., No. 11, 1 June 1925]. Order to regulate the movements of workers coming under the immigration system. Dated 1925 [J.O.E.O.. No. 16, 1925, p. 230]. J.O.E.O. = Journal officiel des Etablissements français d'Oceanie. Réunion Decree for the organisation of the Immigration Service at Réunion. Dated 30 March 1881 [J.O., 1 April 1881.—EX., 1881, No. 621. p. 678]. Order dated 27 June 1887. Decree dated 27 August 1887. Decree relating to immigration to Réunion (rendering the provisions of the Decree of 22 September 1925 to regulate native labour in Madagascar LIST OF LEGISLATIVE TEXTS 455 applicable to Madagascar workers in Reunion). Dated 10 February 1927 [J.O., No. 39, 16 February 1927, p. 2021]. J.O. = Journal officiel de la République française. B.L. = Bulletin des Lois de la République française. GERMANY Reich Employment Exchanges Act (section 26. subsection 2; authorities competent to regulate the recruiting, placing and employment of foreign workers). Dated 22 J u l y 1922 [R.G.B1., 1922, I, No. 56, p. 657.—L.S., 1922, Ger. 3]. Order respecting the recruiting and placing of alien agricultural w o r k e r s . Dated 19 October, 1922 [R.A.BL, 1922, No. 20, p. 590.—L.S. 1923, Ger. 9 (appendix)]. Order to amend the Order respecting the recruiting and placing of alien agricultural w o r k e r s . Dated 2 January 1923 [R.A.BL, 1923, No. 2, p. 45.—i.A., 1923, Ger. 9]. Order respecting the engagement and employment of alien workers. Dated 2 January 1923 [R.A.BL, 1922, No. 2, p. 43.— L.S., 1923, Ger. 9]. Order to amend the Order respecting the engagement and employment of alien workers. Dated 22 December 1923 [R.A.BL, 1924, No. 1/2, p. 2. —L.S., 1923, Ger. 10]. Passport Ordinance. Dated 4 J u n e 1924. Order to amend the Order of 2 January 1923 respecting the e n gagement and employment of alien workers. Dated 16 March 1925 [R.G.BL, 1925, I, No. 10, p. 25.—L.S., 1925, Ger. 2]. Consolidated Text of the Orders of 2 January 1923 and 16 March 1925 respecting the engagement and employment of alien w o r k e r s . Notification published 2 January 1926 [R.G.BL, 1926, I , p. 5.—R.A.BL, No. 1/2, 9 January 1926, p. 2.—L.S., 1926, Ger. 2]. Act relating to placing and unemployment insurance (section 67, authorities competent to regulate recruiting, placing and employment of alien workers). Dated 16 July 1927 [R.A.BL, 1927, No. 21.—R.G.BL, 1927, I , No. 32, p. 187.— L.S., 1927, Ger. 5]. Order to extend the period of validity of the Order respecting the engagement and employment of alien agricultural workers. Dated 20 September 1927 [R.A.BL, I, 1927, No. 28, p. 439]. Order to extend the period of validity of the Ordinance respecting the engagement and employment of alien workers. Dated 20 September 1927 [R.A.BL, I, 1927, No. 28, p. 440]. R.A.BL = Reichsarbeitsblatt. R.G.BL = Reichsgesetzblatt. German States (Länder) Baden Order relating to the engagement and employment of alien workers in Baden. Dated 12 October 1923 [R.A.BL, 1923, p. 678]. Bavaria Order issued by the President of the Federal Labour Office (Reichsarbeitsverwaltung) relating to the engagement and employment of alien workers in Bavaria. Dated 25 September 1925 [R.A.BL, 1925, No. 38, p. 469]. 456 LIST OF LEGISLATIVE TEXTS Decree issued by the Bavarian Minister for Social Welfare and Finance relating to Certificates of Exemption for alien workers. Dated 15 January 1926 [R.A.B1., 1926, No. 5, p. 29]. Hamburg Order relating to the engagement and employment of alien workers in Hamburg. Dated 27 November 1923 [R.A.B1., 1923, No. 22/23, p. 735]. Mecklen burg- Schwerin Instruction relating to the engagement and employment of alien workers [Rbl. M.S., 10 March 1926, No. 14, p. 85]. Instruction relating to the Registration Fee for alien workers. Dated 28 January 1926 [Rbl. M.S., No. 7, 3 February 1926]. Instruction in completion of the foregoing [Rbl. M.S., No. 20, 31 March 1926, p. 131]. Rbl. M.S. = Regierungsblatt für Mecklenburg-Schwerin. Mecklenburg-Strelitz Instruction concerning the application of the Order relating to t h e engagement and employment of alien workers. Dated 23 January 1926 [Mecklenburg-Strelitz, Amtlicher Anzeiger, No. 7, 4 February 1926]. Instruction relating to the legitimation of alien workers. Dated 23 January 1926 [idem]. Prussia Order (Amtsverfugung) issued by the Minister of Justice respecting application of the Order relating to the engagement and employment of alien workers (R.A.BL, 1925, No. 44, p. 521]. Circular issued by the Minister of the Interior for the regulation of the registration of alien workers. Dated 7 January 1927 [R.A.BL, I, 1927, No. 4, p. 29]. Saxony Order relating to the engagement and employment of alien workers in Saxony. Dated 20 August 1924 [R.A.BL, No. 17, p . 346]. Idem. Dated 30 December 1924 [R.A.BL, 1925, No. 2, p. 13]. Wurtemberg Order relating to the engagement and employment ot alien workers in Wurtemberg. Dated 12 October 1923 [R.A.BL, 1923, No. 20, p. 678]. R.A.BL = Reichsarbeitsblatt. R.G.B1. = Reichsgesetzblatt. GREAT BRITAIN Merchant Shipping Act, 1894; supplemented 1906 (sections 336 and 338) [6 Edw. VII, eh. 48]. Aliens Act, 1905 [5 Edw. VII. eh. 13]. Aliens Restriction Act, 1914. Dated 5 August 1914 [4 and 5 Geo. V, eh. 12]. Act to amend the Aliens Restriction Act, 1919. Dated 23 December 1919 [9 and 10 Geo. V, ch. 92]. LIST OF LEGISLATIVE TEXTS 457 Aliens Order, 1920, made in pursuance of the Act of 1914, amended by the Act of 1919. Dated 25 March 1920 [S.R.O., 1920, No. 448]. Orders in Council to amend the Aliens Order. Dated 3 December 1920 [S.R.O., 1920, No. 2262]; 12 March 1923 [S.R.O., 1923, No. 326]; and 24 July 1925 [S.R.O., 1925, No. 760]. British Nationality and Status of Aliens Act, 1914 [4 and 5 Geo. V, ch. 17]. Act to amend the foregoing Act. Dated 8 August 1918 [8 and 9 Geo. V, ch. 38]. Ordinance relating to certain restrictions on coloured seamen. Dated 18 March 1925 [S.R.O., 1925, No. 760]. S.R.O. = Statutory Rules and Orders, printed and published by His Majesty's Stationery Office. Colonies and Protectorates x Bahama Islands Act to prevent the landing of immigrant paupers and stowaways. Dated 8 J u n e 1908 [7 and 8 Edw. VII, eh. 9]. Immigrants Act. No. 17 of 1920. Dated 26 August 1920 [10 and 11 Geo. V, ch. 17]. Immigrants Amendment Act, 1926. No. 45 of 1926. Dated 6 May 1926 [16 and 17 Geo. V, ch. 45]. Barbados The Leper Act, 1904, No. 4 of 1904 [L.B., Vol. 3, p. 17]. Immigration of Paupers (Prevention) Act, 1909 (An act to consolidate and amend the Acts of the Island relating to the landing of paupers). No. 29 of 1909. Dated 16 October 1909 [L.B., Vol. IV, p. 124]. Immigration of Paupers (Prevention) (Amendment) Act. No. 50 of 1916. Dated 13 November 1916 [L.B., Vol. V, Part 5, p. 440]. Act to further amend the Immigration of Paupers (Prevention) Act. 1909. No. 35 of 1927. Dated 9 June 1927 [Supplement to the "Officiai Gazette," 25 July 1927, Vol. L X I I , No. 59]. L.B. = Laws of Barbados. Bermuda An Act to make provision for the apprehension of deserters from foreign vessels. Dated 31 July 1867 [Bermuda Laws, Public General Acts, 16901923, p. 381]. Immigration Acts : No. 58 of 1902, dated 5 December 1902; No. 4 of 1907, dated 5 February 1907 ; No. 10 of 1912, dated 28 May 1912 ; No. 26 of 1912, dated 15 November 1912; No. 17 of 1919, dated 28 J u l y 1919; and No. 11 of 1920 to amend the Act of 1902, dated 18 May 1920. Immigration Officers Act. No. 66 of 1921. Dated 17 December 1921. Immigrant Labour Act. No. 2 of 1922. Dated 28 January 1922 [Bermuda Laws, Public General Acts, 1690-1923, pp. 908-931]. Immigrant Labour Act. No. 15 of 1924. To supplement the provisions of the Immigrant Labour Act 1922. Dated 1 August 1924 [Acts and Resolves, 1924, p. 41]. 1 Texts lor which no indication of] the source is given are published separately by the Government of the Possession in question. 458 LIST OF LEGISLATIVE TEXTS Borneo (North) Indian Immigration Proclamation, No. 4 of 1891. Ports and Harbours (Consolidating) Proclamation, 1914. Dated 1 August 1914 [Ordinances of the State of North Borneo, 1881-1914, p. 513]. The Decrepit and Destitute Aliens 'Ordinance. No. 1 of 1915. Dated 2 January 1915 [O.R., p. I]. Labour Ordinance, No. 9 of 1916. Amended by the Ordinances Nos. 240 of 1916; 60 of 1917; 236 of 1917; 130 of 1920; 18 of 1921; 157 of 1921; 293 of 1921; 238 of 1922; and 255 of 1922. Notifications under the Labour Ordinance : Nos. 116 of 1917; 55 of 1919; 100 of 1919; 31 of 1920; 239 of 1922; 158 of 1923; 218 of 1923; 219 of 1923; and 139 of 1924 [O.R.]. Passport Ordinance. No. 1 of 1920 [O.R., 1920, p. 26]. Notification under the Passport Ordinance, No. 160 of 1921. Dated 1 April 1921 [O.R., 1921, p. 9]. Notification to amend the foregoing notification. No. 338 [O.R., 1921, p. 10]. O.R. = Ordinances and Rules of North Borneo. Brunei Indian Immigration Enactment. No. 2 of 1922. Enactment to consolidate and. amend the law relating to Indian immigration. No. 1 of 1924. Dated 28 February 1924. Ceylon Ordinance to restrict the immij*ration into Ceylon of destitute and vicious persons. No. 12 of 1907. Dated 10 J u l y 1907. Ordinance to amend in certain particulars the Destitute Immigrants Regulation Ordinances, 1907. No. 3 of 1910. Dated 14 May 1910. Amended Ordinance relating to Indian labourers. No. 1 of 1923. Dated 11 April 1923. An Ordinance to amend the law relating to Indian labourers. No. 27 of 1927. Assented to 24 December 1927 [L.S., 1927, Ceyl. 1]. Fiji Ordinance to provide for the medical care of Immigrants and Native Labourers. No. 15 of 1891. Dated 19 December 1891 [Supplement to the Royal Gazette, No. 54, 24 December 1891]. Ordinance to restrict the immigration of undesirable persons. No. 17 of 1909. Dated 10 J u n e 1909. Ordinance to amend the foregoing. No. 7 of 1917 [O.C.F., Vol. 1, p. 802]. Ordinance to enable the indentures of Indian immigrants to be cancelled. No. 22 of 1919. Ordinance providing for the establishment of an Immigration Fund. No. 28 of 1920 [O., 1920, p. 113]. Ordinance relating to conditions of admission of aliens. No. 6 of 1923. Dated 28 July 1923 [O.C.F., p. ;[673]. Ordinance to place restriction on the immigration of aliens into the Colony. No. 17 of 1923. Dated 28 J u l y 1923. Ordinance to repeal the Indian Immigration Ordinance 1891 and to re-enact certain provisions. No. 7 of 1924. Dated 22 October 1924 [O., 1924, p. 62]. LIST OF LEGISLATIVE TEXTS 459 Ordinance to repeal the Polynesian Immigration Ordinance, 1888, and to re-enact certain provisions thereof. No. 8 of 1924. Dated 22 October 1924 [O., 1924, p. 68]. O. = Ordinances. O.C.P. = Ordinances of the Colony of Fiji, 1875-1924. Revised Edition, 1925. Gambia The Naturalisation Ordinance, No. 7 of 1894. Dated 7 J u n e 1894. [O.G., Vol. 1, 1818-1916, p. 116]. Ordinance to amend the law relating to the entry of persons into the Colony and Protectorate of Gambia. No. 12 of 1924. Dated 16 October 1924 [O.G., 1924, p. 91]. Ordinance to provide for the repatriation of aliens convicted for any offence by a Court in Gambia. No. 13 of 1924. Dated 16 October 1924 [O.G., 1924, p. 101]. O.G. = Ordinances of Gambia. Gilbert and EUice Islands Ordinance to replace Parts li, V, VI, VIII, I X and X I of the Gilbert and EUice Islands Protectorate (Consolidation) Regulation, 1908 (exclusion of undesirable immigrants). No. 17 of 1917. Dated 28 December 1917 [separate official publication : printed by S. Bach, Government Printer. Suva, Fiji, 1918]. Ordinance to place restrictions on the immigration of aliens into the colony. No. 6 of 1924. Dated 24 October 1924 [Ordinance made by H.B.M. High Commissioner for the Western Pacific, 1924]. Gold Coast Ordinance to regulate immigration. No. 4 of 1914. Immigration Restriction Ordinance, 1925. No. 9 of 1925. Dated 17 March 1925 [G7C.G., No. 31, 18 April 1925, p. 496]. Order in Council. No. 20 of 1925. Regulation under section 24 of the foregoing. [G.C.G., 1925, No. 63, p. 1090]. Orders in Council. Nos. 32 and 33 of 1925. Under sections 1 and 3 of the Immigration Restriction Ordinance, 1925. Dated 3 July 1925 [G.C.G., 1925, No. 63, pp. 1088 and 1089]. G.C.G. = Gold Coast Gazette. Guiana (British) Non-Asiatic Immigration Ordinance. No. 10 of 1890. Dated 4 October 1890. Immigration Ordinance to consolidate and amend the Laws relating to Asiatic Immigrants. No. 18 of 1891. Dated 1 November 1894 [printed a t the Oxford University Press for the Government of British Guiana, 1895]. Ordinances to amend Ordinance No. 18 of 1891 : Nos. 24 of 1905, dated 21 October 1905; 15 of 1906; 19 of 1907, dated 7 September 1907; 9 of 1908, dated 6 May 1908 ; Immigration Exemption Ordinance, No. 5 of 1911, dated 19 April 1911; Nos. 25 of 1911, dated 11 November 1911; 3 of 1912, dated 23 March 1912 ; and 31 of 1916, dated 30 December 1916 [printed by Waterlow and Sons, Government Printers of the Colony of British Guiana, London Wall, London, 1923]. Destitute and Criminal Immigrants Regulation Ordinance, No. 4 of 460 LIST OF LEGISLATIVE TEXTS 1896, Dated 24 March 1896 [A.D., 1896; printed by Waterlow and Sons, Ltd., London Wall, London, 1923]. Ordinance to amend the foregoing. No. 5 of 1906. Dated 30 June 1906. [A.D., 1906, idem, 1923]. Honduras (British) Consolidated legislation of British Honduras : Naturalisation Ordinance (ch. 114); Undesirable Aliens (Expulsion) Ordinance (ch. 115); Public Safety (Banishment of Aliens) Ordinance, No. 20 of 1921, (ch. 117); Quarantine Ordinance (ch. 54); and Labour Ordinance (ch. 123); consolidating the Ordinances of 1883, 1915 and 1923 [Laws of British Honduras, Revised Edition 1924, Vol. I\. Hongkong Ordinance to amend the law relating to vagrants. No. 9 of 1897, (section 22, immigrants who become a public charge). Dated 22 November 1897 [O.H., Vol. I I , p. 855]. Merchant Shipping Ordinance. No. 10 of 1899. Dated 19 September 1903. Amended by Ordinances Nos. 25 of 1918, 13 of 1917, 11 of 1922, and 21 of 1922 [O.H., Vol I I , p. 915]. Passports Ordinance and regulations thereof. No. 35 of 1923 [O.H., Vol. V, p. 2793]. Stowaways Ordinance (to amend the law relating to stowaways). No. 3 of 1924. Dated 1 August 1924 [O.H., 1924, p. 5]. O.H. = The Ordinances of Hongkong prepared under the authority of Ordinance No. 18 of 1923. Jamaica Immigration Protection and Regulation Law, 1879. No. 23 of 1879. Dated 14 May 1879 [Official Publication : L.S., Jamaica]. As amended or supplemented by the following laws : Nos. 1 of 1881, dated 8 February 1881; 3 of 1883, dated 13 April 1883; 18 of 1886, dated 9 October 1886; 4 of 1889, dated 31 May 1889; 20 of 1891, dated 27 May 1891 ; 12 of 1897, dated 21 May 1897 ; 2 of 1899, dated 27 May 1899 ; 13 of 1903, dated 6 March 1903; 13 of 1905, dated 12 May 1905; 20 of 1905, dated 22 May 1905; 29 of 1906, dated 1 June 1906; 31 of 1910 (which also provides for the return of Indian immigrants and for the maintenance of insane immigrants), dated 7 J u l y 1910; 33 of 1912, dated 17 November 1912; and 13 of 1917, dated 1 May 1917 [Official publication ;: L.S., Jamaica]. Immigration Finance Law. No. 18 of 1879. Dated 23 April 1879. As amended by the following laws : Nos. 14 of 1891, dated 30 May 1891 ; 13 of 1903; 24 of 1904; 20 of 1905; 15 of 1911, dated 19 May 1911; 13 of 1917, dated 1 May 1917 [official publication : L.S., Jamaica]. Law to make better and further provision with respect to immigrants and to eliminate imprisonment i'or labour offences from the Immigration Protection and Regulation Laws. No. 40 of 1916. Dated 14 October 1916 [official publication : L.S., Jamaica]. Law to place certain restrictions on Immigration No. 36 of 1919. Dated 25 October 1919 [official publication : L.S., Jamaica]. Law to consolidate and amend the laws to prevent overcrowding on ships bringing steerage passengers to this Island and to provide for the issue to such passengers of pure water and, in certain cases, of good food, and to provide for the carrying on such ships of life-saving appliances. No. 30 of 1924. Dated 24 June 1924 [Laws of Jamaica passed in the year 1924. Jamaica Government Printing Office, Kingston]. LIST OF LEGISLATIVE TEXTS 461 Passports Law, No. 12 of 1925. Dated 16 J u n e 1925 [Laws of Jamaica passed in the year 1925. Jamaica Government Printing Office, Kingston]. Kenya Immigration Restriction Ordinances. of Kenya, 1926, ch. 62]. 1906 and 1913 [Revised Laws Leeward Islands Aliens Admission Regulation Act, No. 13 of 1922. Dated 4 April 1922 [Leeward Islands Acts, 1922.—M.P., 1602-1922]. Passport Ordinances : Antigua: No. 8 of 1923, assented to 28 June 1923; Dominica: No. 9 of 1923, assented to 18 J u l y 1923; St. Christopher: No. 9 of 1923, assented to 2 November 1923 [Leeward Islands Acts, 1923]. Malay States (Federated) Vaccination enactments : Perak: Order in Council, No. 13 of 1890; Selangor : Regulation No. 3 of 1892; Negri Sembilan: Enactment No. 15 of 1901; Pahang: Enaotment No. 9 of 1905 [L.F.M.St., Vol. I, pp. 591, 660, 710 and 747]. Enactments to provide for the naturalisation of aliens : Perak: No. 22 of 1904, dated 24 August 1904; Selangor: No. 22 of 1904, dated 20 September 1904; Pahang: No. 14 of 1904, dated 25 September 1904; Negri Sembilan: No. 21 of 1904, dated 14 December 1904 [L.F.M.St., Vol. I]. Quarantine enactments : Negri Sembilan: No. 22 of 1903, dated 20 August 1903. amended by No. 12 of 1909; Pahang: No. 16 of 1903, dated 10 September 1903, amended by No. 17 of 1909; Selangor: No. 13 of 1903, dated 14 September 1903, amended by No. 8 of 1909 ; Perak : No. 18 of 1903, dated 21 November 1903, amended by No. 16 of 1909. Federal Enactment (to amend the foregoing Quarantine Enactments). No. 37 of 1918 [L.F.M.St., Vol. I, pp. 461-466]. Netherlands Indian Labourers Protection Enactments : Perak: No. 19 of 1909, dated 25 October 1909; Pahang: No. 26 of 1909, dated 27 October 1909; Negri Sembilan: No. 19 of 1909, dated 1 November 1909; Selangor: No. 17 of 1909, dated 4 November 1909. These enactments all came into force on 1 March 1910 and were all amended by a Federal Enactment entitled : An Enactment to amend "The Netherlands Indian Labourers Protection Enactment, 1909". No. 23 of 1910. Dated 4 November 1910 [L.F.M.St., Vol. I, pp. 569-586]. Extradition Enactment. No. 26 of 1914 [L.F.M.St., Vol I I , pp. 658-668]. An Enactment to make better provision for the protection of women and girls and for the suppression of brothels in certain cases. No. 2 of 1914. Enactment to amend the Women and Girls Protection Enactment, 1914. No. 21 of 1925. Dated 3 February 1926 [G.G., 1926, No. 3, Notification 814. —Federated Malay States Enactments, 1925, p. 143]. Passport Enactment. No. 7 of 1920. Dated 8 May 1920 [L.F.M.St., Vol. I l l , p. 914]. An Enactment to regulate the entrance of persons into the Federated Malay States and the departure of persons from the Federated Malay States, and to confer various powers in connection therewith. No. 6 of 1922. Dated 8 July 1922 [E., 1922, pp. 23-28]. 462 LIST OF LEGISLATIVE TEXTS An Enactment to impose restrictions on aliens. No. 12 of 1922. Dated 8 July 1922 [E., 1922, p. 59]. Labour Code. An Enactment to consolidate and amend the Law relating to labour (sections 9 to 55,121 to 141 and 164 relating to immigrant workers and immigrants). No. 18 of 1923. Assented to 18 August 1923 [published in Supplement to P.M.S.G.G. of 25 August 1923, No. 17, Vol. X X , Notification No. 5287.—L.S., 1923, F.M.S. 1]. Rules made by the Indian Immigration Committee under section 135 (ii) of the Labour Code, 1923. Dated 1924 [F.M.S.G.G., 25 January 1924, No. 3, Vol. XVI, Notification No. 398.—E.F.M.S., 1924]. Notifications relating to ports of entry. Nos. 301 and 302. Dated 11 January 1924 [F.M.S.G.G., 11 January 1924, No. 2, Vol XVI]. Notification under section 141, (1), of the Labour Code (rates of wages). No. 3230. Dated 16 May 1924 [F.M.S.G.G., 16 May 1924]. Notification under section 123 of the Labour Code (duties of the Indian Immigration Committee). No. 3823. Dated 6 J u n e 1924 [F.M.S.G.G., 6 J u n e 1924]. Enactment to amend "The La.bour Code, 1923". No. 19 of 1925. Dated 3 February 1926 [Supplement to F.M.S.G.G., 10 February 1926, No. 3, Vol. X V I I I , Notification No. 812.—i.A., 1926. F.M.S. 1]. Enactment to regulate and control the employment of female domestic servants. No. 22 of 1925. Dated 3 February 1926 [L.S., 1926, F.M.S. 2]. F.M.S.G.G. = Federated Malay States Government Gazette. E. = Enactments passed during the year. . . L.F.M.S. = The Laws of the Federated Malay States, 1877-1920, 3 vols. Malay States (Non-Federated) : Johore Aliens Restriction Enactment, No. 6 of 1923. Dated 19 June 1923. Enactment to control the admission of persons into the State. No. 12 of 1923. Dated 24 October 1923. Enactment to consolidate and amend the law relating to labour. No. 10 of 1924. Dated 22 July 1924 [Johore Government Gazette, 10 September 1924 (Appendix), p. l.—L.S., 1924, Joh. 1]. Kedah Indian Immigration Ena.ctment. No. 8 of the year Mohammadan era (1910). Indian Immigration Enactment, 1328, Amendment No. 4 of 1339 (1921). Tamil Immigration Fund. Enactment. No. 14 of 1328 Tamil Immigration Fund Enactment, 1328, Amendment No. 6 of 1338 (1920). Tamil Immigration Fund Enactment. 1328, Amendment No. 5 of 1339 (1921). Labour Protection Enactment 1336 (1918) *. 1328 of the Enactment. (1910). Enactment. Enactment. x At the time of going to press, information is to hand concerning the following consolidated text, which repeals previous legislation relating to labour and immigration, and brings Kedah legislation more nearly into conformity with that of the Federated Malay States on the same matters : Labour Code Enactment. No. 2 of the year 1345 of the Mohammedan era (1926 of the Christian era). Dated 29.3.1345 (7 October 1926). [Enactments of 1345, published by authority 1928, p. 7]. LIST OF LEGISLATIVE TEXTS 463 Kelanlan Enactment for the protection of Indian immigrants. No. 18 of 1910. Dated 31 December 1910. Labour Enactment. No. l o f 1912. Dated 12 August 1912. Amended by Enactments Nos. 2 of 1917, dated 6 March 1917; 3 of 1917, dated 19 J u n e 1917; and 8 of 1919, dated 21 October 1919. Enactment to provide for the protection of the health of labourers. No. 6 of 1913. Dated 13 December 1913. Indigent Alien Immigration Enactment. No. 6 of 1914. Dated 20 September 1914 [Laws of Kelantan, 1914]. Enactment to repeal and re-enact the Indian Immigration Fund Enactments Nos. 2 of 1909 and 6 and 7 of 1910. No. 5 of 1920. Dated 28 September 1920. Perlis Indian Immigration Enactment. No. 2 of 1329 of the Mohammedan era (1911). Dated 8 May 1911. Tamil Immigration Fund Enactment. No. 3 of 1329 (1911). Tamil Immigration Fund Enactment, 1911, Amendment Enactment. No. 5 of 1338 (1920). Indian Immigrants Enactment. No. 2 of 1329 (1911). Mauritius Labour Ordinance, 1922. No. 12 of 1922. 'Dated 8 May 1922 [Mauritius Laws, Statutes, Ordinances 1922. Published by authority, Port Louis, 1923, p. 17]. Ordinance to amend the Labour Ordinance, 1922. No. 32 of 1922. Dated 13 November 1922 [idem, p. 145]. Ordinance to further amend the Labour Ordinance, 1922. No. 11 of 1924. Ordinance of 1907 relating to the immigration of destitute or criminal persons. Supplemented, by Proclamation No. 30 of 1925 to prohibit the landing in this Colony of any destitute and criminal immigrants. Dated 6 August 1925 [Colony of Mauritius Collection of the Proclamations and Government notifications for the year 1925, p. 26]. Nigeria Aliens Restriction Ordinance. Dated 12 November 1914 [L.Nig., 1923, Vol. II]. Ordinance to impose restrictions on immigration. Dated 1 March 1918. As amended bv Ordinances Nos. 21 of 1920, 59 of 1922, 6 of 1923, 31 of 1924, and 3 of 1925 [L.Nig., 1923, Vol. II.—Supplement to Laws of Nigeria, 1926]. Naturalisation of Aliens Ordinance. Dated 21 December 1916. As amended by Ordinance No. 9 of 1918 [L.Nig., 1923, Vol. II]. British Nationality and Status of Aliens (Fees) Ordinance. Dated 30 March 1916 [L.Nig., 1923, Vol. II]. L.Nig. = Laws of Nigeria. Nyasaland Immigration Restriction Ordinance. No. 17 of 1922. Dated 18 October 1922 [Official Publication. Nyasaland Protectorate. Printed by the Government Printer, Zomba, Nyasaland]. 464 LIST OF LEGISLATIVE TEXTS Immigration Restriction. (Amendment) Ordinance. No. 5 of 1925. Dated 2 April 1925 [printed by the Government Printer, Zomba, Nyasaland]. Rhodesia (Northern) Immigration Regulation Proclamation. No. 15 of 1915. Proclamation to amend in certain respects the Immigration Regulation Proclamation (No. 15 of 1915). No. 6 of 1916 [The Statute Law of Northern Rhodesia, 1911-1916, p. 629]. Ordinance to make further provision for the regulation of immigration into the Territory. No. 4 of 192:5. Dated 27 May 1925 [Northern Rhodesia Gazette, 1925, p. 54]. Rhodesia (Southern) Ordinance to regulate the entry of immigrants and to prohibit the entry of undesirable persons into Southern Rhodesia. No. 7 of 1914. Promulgated 9 October 1914. Saint Helena and Ascension Ordinance to make further provision for regulating the engagement of workmen to be employed in the Dependency of Ascension Island. No. 5 of 1926. Dated 17 May 1926. Seychelles Ordinance (Mauritius) No. 12 of 1878, amended by Labour Ordinance No. 1 of 1879. Made applicable to Seychelles by Proclamations Nos. 7 and 9 of 1879, and completed by Seychelles Ordinances Nos. 1 of 1902, 15 of 1903, and 5 of 1910. Ordinance to provide for the payment by instalments by Requisitionists of the cost of introduction of labourers from India. No. 25 of 1903. Dated 4 August 1903. Passport Ordinance. No. 9 of 1921. Sierra Leone Ordinance to make provision with regard to destitute persons landed or left behind in the Colony. No. 24 of 1909. Assented to 6 November 1909 [Bulletin of the International Labour Office, Basle, Vol. VIII, p. 44]. Ordinance to amend the Immigrant Paupers Ordinance, 1909. No. 16 of 1924. Dated 23 July 1924 [Ordinances of the Colony of Sierra Leone, 1924, p. 49]. Aliens Registration Order. No. 12 of 1924. Dated 15 September 192420 November 1924 [idem, p. 244]. Ordinance to prevent certain descriptions of persons from entering Sierra Leone. No. 17 of 1924. Dated 23 J u l y 1924 [idem, p. 51]. Solomon Islands Undesirable Immigrants Regulations, 1922. Immigration Restriction Regulations 1924. No. 8 of 1924 [L.S., printed b y S. Bach, Government Printer, Suva, Fiji, 1924]. Somaliland Immigration Restriction Ordinance, 1924. No. 4 of 1924 [Laws, Statutes, and Ordinances of Somaliland, 1924]. Immigration Restriction Ordinance Amendment Ordinance. Dated 6. January 1925 [idem, 1925]. LIST OF LEGISLATIVE TEXTS 465. Straits Settlements Naturalisation Ordinance. No. 11 (No. VIII of 1867). Dated 24 May 1867 [L.S.S., Vol. I, p. 64]. Ordinance to regulate the employment of Netherlands Indian Labourers in the Colony. No. X X I of 1908. Dated 5 November 1908. Merchant Shipping Ordinances. Nos. X X X I I of 1910, of X X X I I of 1920, X X V I of 1921, and V of 1924 [L.S.S., Vol. I l l , p. 535]. Ordinances to make provision for the registration of aliens and for other purposes : No. 160 (No. I I of 1917), dated 1 May 1917,-and No. X X V I of 1921, dated 28 November 1921 [L.S.S., Vol IV, p. 679]. Passengers Restriction Ordinance. No. 169 (No. XIV of 1919). Dated 11 April 1919 [L.S.S., Vol. IV, p. 744]. Passport Ordinance No. 176 (No. I I of 1920). Dated 30 January 1920. Amended by Ordinance No. X X V I I of 1921. Dated 28 November 1921 [L.S.S., Vol. IV, p. 794]. Ordinance to repeal and re-enact with amendments the Labour Ordinance 1920 (Parts I I I , IV, and V relating to immigration). No. XIV of 1923. Assented to 27 August 1923 [L.S., 1923, S.S.I]. Amended by Ordinance No. 157 (No. X X X I V of 1926), dated 16 December 1926. Ordinance for the protection of women and girls. No. XXIV of 1925. L.S.S. = Laws of the Straits Settlements, Revised Edition, 1926. Trinidad and Tobago Ordinance relating to immigration. No. 26 of 1916. Dated 10 August 1916. Pacific Islands Contract Labourers Ordinance. 1920. No. 10 of 1920. Ordinance to make provision for the expulsion of undesirable persons. Dated 13 November 1922 [Ordinances of Trinidad and Tobago, 1922, p. 156]. Passport Ordinance. No. 21 of 1923. Dated 9 November 1923 [Ordinance of Trinidad and Tobago, 1923, p. 120.] Ordinance to provide for raising funds in aid of immigration by the imposition of taxes on produce. No. 20 of 1927. Dated 16 December 1927. Uganda Ordinance to make provision for Deportation. Dated 20 November 1908. Amended by Ordinance No. 1 of 1926 [Laws of the Uganda Protectorate, Revised Edition, 1923. Vol. I I , Ch. 115, p. 1044]. Ordinance to provide for immigration restriction and removal of undesirables. Dated 7 June 1913 [idem, Vol. II, Ch. 114, p. 1042]. Immigration Rules. Dated 29 November 1921. As amended bv Rules of 17 J u l y 1922 [idem. Vol. I l l , p. 390]. Passport Ordinance, 1923. Masters and Servants (Amendment) Ordinance. No. 19 of 1925. Dated 16 November 1925 [Supplement to the Laws of Uganda, 1926]. Windward Islands Grenada Naturalisation of Aliens Act. No. 7 of 1873. Dated 7 October 1873 [Ch. 139 of Revised Statutes, 1911]. Aliens (Landholding Regulation) Ordinance, 1922. No. 11 of 1922. Dated 1 April 1922 [Grenada Ordinances for the year 1922, p. 39], 30 466 LIST OF LEGISLATIVE TEXTS Order in Council under the Passports Ordinance. Published 15 September 1923 [idem, 1923, p. 19]. No. 9 of 1923. St. Lucia Undesirable Immigrants Ordinance. No. 35 of 1916 (Revising No. 6 of 1904) [The Revised Ordinances of St. Lucia]. Undesirable Immigrants Amendment Ordinance, 1922. No. 7 of 1922. Dated 18 March 1922 [Ordinances of St. Lucia, 1922, p. 17]. Undesirable Aliens Expulsion Ordinance. No. 8 of 1921. Dated 9 July 1921 [Ordinances of St. Lucia, 1921, p. 33]. Aliens (Landholding Regulation) Ordinance. No. 15 of 1922. Dated 10 J u n e 1922 [Ordinances of St. Lucia, 1922, p. 41]. Passports Ordinance. No. 10 of 1923. Dated 15 September 1923 [Ordinances of St. Lucia, 1923, p. 21]. Order in Council made under the authority of the Passports Ordinance, No. 10 of 1923. No. 2 of 1923. Published 27 October 1923 [Orders of St. Lucia, 1923, p. 2]. St. Vincent Passports Ordinance. No. 9 of 1923. Dated 4 September 1923 [Laws of St. Vincent, 1923]. Order in Council under the Passports Ordinance, No. 9 of 1923. Published 18 September 1923 [Laws of St. Vincent, 1923]. Zanzibar Immigration Regulation and Restriction Decree. No. 8 of 1923. Dated 26 March 1923 (Proclamation No. 11 of 1923) [Zanzibar Legislation 1923, p. 17. —L.S., 1923, Zan. 1|. Immigration Regulation and Restriction (Amendment) Decree. No. 6 of 1924. Dated 7 March 1924. (Proclamation No ; 7 of 1924) [Zanzibar) Legislation, 1924 [Zanzibar, printed by the Government Printer), p. 24]. Master and Servants Decree, 1925. No. 14 of 1925 (Proclamation No. 19 of 1925). Dated 11 May 1925 [idem, 1925, p. 52.—L.S., 1925, Zan. 1]. ' GREECE Act relating to the settlement and movement of aliens in Greece. No. 3275. Dated 24 January 1925 [E.K., 29 January 1925]. Ordinance relating to the admission and stay of aliens. Dated 23 J u n e 1927 [E.K.,23 J u n e 1927]. E.K. = 'EtpYju-Êptç njç KoßepVYjaswc. GUATEMALA Immigration Act. Dated 30 April 1909. Promulgated by Legislative Decree No. 792, dated 7 May 1909 [Separate Official Text : Secretaría de Fomento, 1909]. Presidential Decree to restrict immigration. Dated 17 September 1923. Decree relating to naturalisation, issued by the Minister for Foreign Affairs. No. 867. Dated 11 July 1924 [E.G., No. 61,12 July 1924, p . 354]. Decree relating to the issue and visa of passports and laying down the necessary measures for complying with the provisions of the immigration and emigration laws. No. 875. Dated 15 September 1924 [Official Pamphlet: LIST OF LEGISLATIVE TEXTS 467 "Secretaría de Relaciones Exteriores", Guatemala, 1924.—E.G., 18 October 1924, p. 241]. Decree No. 1367 (promulgating the Act of 2 April 1925) providing that not less than 75 per cent, of the employees of any person or company shall be Guatemalan citizens. Dated 14 April 1925; promulgated 27 April 1925 [L.S., 1925, Guat. 1]. Presidential Decree to amend section 10 of the Aliens Actf Ley de extranjería). No. 936. Dated 7 December 1926 [E.G., 8 December 1926, p. 445]. E.G. = El Guatemalteco, Diario Oficial de la República de Guatemala. HAÏTI Act to prohibit the immigration of so-called Syrian immigrants (Gipsies). Dated 13 August 1903 [Recueil Martens, Series I I I , Vol. V, p. 781]. Act relating to acquisition and loss of nationality. Dated 30 August 1907 [idem, Series I I I , Vol. V I I I , p. 245]. Act to amend the Aliens Act of 23 August 1912. Dated 26 July 1922 [L.M., 2 August 1922, No. 57, p. 365]. Act relating to taxes payable by passengers. Dated 23 January 1925 [L.M., 29 January 1925, p. 57]. Act relating to landholding by aliens. Dated 13 February 1925. Promulgated by Presidential Decree, dated 16 February 1925 [L.M.,No. 15, 19 February 1925, p. 105]. Act relating to taxes payable by aliens settled in Haiti. Dated 2 July 1925 [L.M., No. 55, dated 9 J u l y 1925, p. 378]. L.M. = Le Moniteur, Journal officiel de la République de Haïti. HONDURAS Act relating to the development of agriculture. Dated 22 February 1902. Published by Decree No. 50, dated 28 February 1902. Immigration Act. Dated 8 February 1906. Decree No. 7 of the National Constituent Assembly, establishing the political Constitution (Part I I I : Aliens ; Part V : Rights and Guarantees). Dated 10 September 1924 [L.G., No. 6525, 20 September 1924, p. 1613]. Agrarian Act. Dated 20 November 1924. Promulgated on the samé date by Decree No. 34 [L.G., No. 6620, 24 January 1925, p. 73]. Aliens Act. Promulgated by Decree No. 31 dated 4 February 1926 [L.G., No. 6955.—Pamphlet issued by the Ministry of Foreign Affairs of Honduras. 1926. "Legislación de extranjería"]. L.G. = La Gaceta, Diario Oficial de la República de Honduras. HUNGARY Decree issued by the Minister of the Interior, for the application of section V of the Act of 1903 relating to settlement of aliens. No. 200000/1925, dated 25 April 1925 [Belüggi Közlöny, 1925, No. 20, p. 367]. Decree issued by the Minister for Social Welfare and Labour concerning the medical certificate required in connection with issue of residence permit. No. 45741/1, dated 5 June 1925 [B.K., 1925, No. 136, p. 2]. Decree issued by the Minister of the Interior concerning refusal for economic reasons of aliens' residence permits. No. 203000/1925, VII, dated 9 J u n e 1925 [B.K., 1925, No. 141, p. 1]. Decree to regulate the admission of aliens coming to take up employment 468 LIST OF LEGISLATIVE TEXTS or to settle permanently. No. 204000/1925, dated 15 June 1925 [B.K., 1925, No. 14Ï, p. 2]. Decree issued by the Minister for Social Welfare and Labour in completion of the Decree No. 45741/1925 of 5 J u n e 1925. No. 1431/1925, dated 13 July 1925 [B.K., 1925, No. 157]. Decree issued by the Minister for Social Welfare and Labour, amending those of 5 J u n e and 13 J u l y 1925. No. 3400/1925, dated 20 November 1925 [B.K., 1925, No. 277]. Ordinance issued by the Minister for Social Welfare and Labour, the Minister for Commerce, and the Minister of the Interior, in execution of Ordinance No. 11190/1926, M.E., relating to provisional prohibition of immigration. No. 21404/1927, dated 7 January 1927 [B.K., 1927, No. 26]. B.K. = Budapesti Közlöny. ICELAND Act to regulate the admission of aliens. Dated 12 May 1920. Act concerning the right of aliens to work in Iceland. No. 13. Dated 31 May 1927 [Stjornartidindi, 1927, A.I.—L.S., 1927, No. 13, p. 27, Ice. 1]. INDIA Foreigners Act. Dated 1864. European Vagrancy Act. Dated 1874. Foreigners Ordinance, 1914. No. I l l of 1914. Dated 20 August 1914. Foreigners (Amendment) Ordinance. 1914. No VII of 1914. Dated 14 October 1914. Ingress into India Ordinance,. No. V of 1915. Registration Ordinance, 1917. No. I of 1917. Dated 2 February 1917. Act to regulate the entry and residence in British India of persons domiciled in other British possessions. No. I l l of 1924. Dated 1 March 1924 [Collection of the Acts of the Indian Legislature and of the Governor-General for the Year 1924]. IRISH FREE STATE Aliens Order, 1925. No. 2. Dated 22 February 1925 (Order made in pursuance and by virtue of the Aliens Restriction Act, 1914, as amended by the Aliens Restriction (Amendment) Act, 1919, and adapted by the Adaptation of Enactments Act, 1922) [The Dublin Gazette, 1925, No. 9, p. 99]. ITALY Nationality Act. Dated 13 June 1912 [Martens, S. I l l , Vol. VIII, p. 355]. Decree to regulate the foregoing Act [idem.—G.U., 1912, Nos. 153 and 213]. Decree relating to Employment Exchanges. Dated 17 November 1918. Legislative Decree relating to stay of aliens. Dated 25 January 1923 [G.U., 29 January 1923]. Act No. 1848, relating to public safety (Part V : Aliens; sections 143-153). Approved by Royal Decree dated 6 November 1926 [G.U., 8 November 1926, p. 4822]. G.U. = Gazzetta Ufficiale. Fiume Decree to lay down conditions for the admission of aliens. Dated 1923. LIST OF LEGISLATIVE TEXTS 469 Colonies Royal Decree to establish a special passport for Eritrea and Italian Somaliland. No. 3230. Dated 23 September 1923. JAPAN Decree issued by the Department of the Interior relating to the admission of aliens to Japan. No. 1. Dated 24 January 1874. Nationality and Naturalisation Act. No. 66. Dated 16 March 1899. Imperial Ordinance relating to settlement of aliens. No. 352. Dated 28 July 1899. Act of 1916 to amend the Nationality Act. (sections XX-2; X X - 3 ; XXIV, concerning expatriation). Ordinance issued by the Minister of the Interior concerning alienation of nationality. No 8. Dated 10 J u l y 1916. Ordinance issued by the Minister of the Interior laying down Rules for the application of the Nationality Act, No. 19 of 1924. Ordinance issued by the Minister of the Interior to regulate the entry of aliens. No. 1. Dated 24 January 1918. Aliens Act, repealing Imperial Ordinance No. 18 of 17 January 1873 and Ordinance No. 51 of 13 April 1910. No. 42 of 1925. Information relating to the Imperial Ordinance for the application of the Act of 1926 concerning the right of aliens to hold land [Collection of Official Documents, No. 7, Department of Foreign Affairs]. Dependencies Korea Ordinance issued by the Resident-General in Chosen (Korea) relating to the grant of • permission to work in the case of alien manual workers. No. 52. Dated 29 August 1910. Ordinance for similar purposes. No. 17. Dated 1 October 1910. Formosa Ordinance No. 20 of 29 April 1898, as amended by Ordinance No. 61 of 1899, relating to landing of Chinese seamen in places other than open ports. Ordinance No. 68 of 24 September 1904, as amended by Ordinances Nos. 25 of 1915 and 198 of 1920, to regulate the supervision of Chinese labourers. LATVIA Decree relating to entry and stay of aliens. Dated 1925 [Wald-Wehst, 1925, No. 19]. Act relating to entry, exit, and stay of aliens in Latvia. Dated 7 March 1927 [Likumu un minestra Kabineta noteikumu Krajums, 6 April 1927, No. 41, p. 219]. LITHUANIA Meme!. Territori/ Memorandum submitted to the Council of the League of Nations on 24 November 1923: I I , acquisition of immovable property by foreigners ; I I I , organisation of freedom of transit [L.N., Document C. 727, M. 297,1925, VII]. 470 LIST OF LEGISLATIVE TEXTS LUXEMBURG Grand-Ducal Order relating to recruitment of alien workers. Dated 21 August 1923 [Mémorial du Grand-Duché de Luxembourg, 1923, No. 39, p. °447]. Order to amend that of 21 August 1923 relating to recruitment of alien workers. Dated 21 August 1926 [idem, 1926, No. 34, p. 617.—L.S., 1926, Lux. 1]. MEXICO Constitution of 1917. (Article 27 : limitation of the right of aliens to hold certain kinds of property). Act concerning the right of aliens to hold property. Dated 13 November 1925.. Circular No. 97 addressed to Mexican consular agents: immigration provisions. Dated 19 September 1925 [Boletín oficial de la Secretaría de relaciones exteriores. Vol. XLVI, September 1925, No. 9, pp. 74-76]. Migration Act. P a s s e d 9 M a r c h 1926, promulgated 12 March 1926 (by virtue of section 9, this Act together with all subsequent regulations applies to all the States ot the Federation) [D.O., supplement to No. 12 of Vol. X X X V , corresponding to 13 March 1926'.—L.S., 1926, Mex. 1]. Regulation under the Act of 31 J u l y 1926 (Employment in the mining industry). Regulation for the application of the Act of 26 December 1925 relating to petroleum (section 134 : obligation on the part of petroleum undertakings to employ Mexican nationals in the proportion of at least 90 per cent.) Dated 6 March 1926 [D.O., April 1926, No. 31, p. 722]. Act relating to settlement. Dated 10 May 1926 [D.O., May 1926, No. 14, p. 265]. Decree to promulgate the Sanitary Code of the United States of Mexico (Chapter I I I , sanitary service in connection with migration : sections 70 to 94). Dated 27 May 1926 [D.O., J u n e 1926, Nos. 31 and 32, pp. 583-585]. Regulations for the payment of immigration fee. Dated 28 February ' 1927 [D.O., 8 March 1927, No. 7]. Order to restrict temporarily the immigration of workers of Syrian, Lebanon, Armenian, Palestinian, Arab and Turkish origin. Dated 8 J u l y 192? [D.O., 15 July 1927, No. 13, p. 1]. D.O. = Diario Oficial. NETHERLANDS Act relating to the admission and expulsion of aliens. Dated 13 August 1849 [Recueil des Lois, No. 29, Staatsblad 39, 1849]. Act to amend the foregoing. Dated 10 February 1910 [Recueil des Lois, No. 56]. Circular relating to aliens seeking employment in the country. No. 249, C.R.A. Dated 8 May 1919. Circular issued by the Official Unemployment Insurance and Employment Exchange Service relating to the Government Passport Bureau. No. 345, A.B. Three Orders for combating cholera, typhus, and plague. Dated 15 May 1926 [Nos. 120, 121 and 122 of the Staatsblad, 1926]. / LIST OF LEGISLATIVE TEXTS 471 Colonies Dutch Indies Royal Order relating to right of residence, admission and settlement of Dutch nationals and aliens. No. 32. Dated 15 October 1915 [I.S., 1916, No. 47]. Amended by Royal Orders Nos. 32 of 26 February 1920 [LS., 1920, No. 462], of 29 October 1920 [LS., 1921, No. 168], 72 of 26 April 1922 [LS., 1922, No. 447], No. 93 of 28 October 1922 [LS., 1922, No. 725 and 726], and Nos. 37 and 38 of 13 December 1923 [LS., 1924, 'Nos. 53 and 54 (together) and No. 257]. Ordinance for the application of the Royal Order relating to rights of residence, admission and settlement of Dutch Nationals and Aliens. Dated 29 November 1917 [LS., 1917, No. 693]. Amended bv Ordinances dated 19 March 1918 [LS., 1918, No. 143], 20 March 1918 [LS., 1918, No. 149], 9 J u l y 1918 [LS., 1918, No. 437], 16 January 1919 [LS.. 1919, No. 22], 23 December 1919 [LS., 1919, No. 819], 29 January 1920 [LS., 1920, N. 41], 7 June 1920 [LS., 1920, No. 441], 28 March 1922 [LS., 1922, No. 176], 6 May 1922 [LS., 1922, No. 290], 13 May 1922 [LS., 1922, No. 322], and 29 May 1924 [LS., 1924, No. 260]. Regulation relating to the rights of admission, residence and employment of workers placed upon the same footing as natives. Issued in virtue of section 20 of the Order relating to admission No. 32 dated 15 October 1915. Dated 29 November 1917 [LS., 1917, No. 694]. Amended by Ordinances dated 6 November 1919 [LS., 1919, No. 746]. 13 May 1922 [LS., 1922, No. 323], 20 November 1922 [LS., 1922, No. 728], and 29 May 1924 [LS., 1924, No. 259]. Order of the Governor-General, No. 15, to issue a new Coolie Ordinance for the West Coast of Sumatra. Dated 29 June 1925 (LS., 1925, No. 303.— L.S., 1925, D.E.I. 1]. Amended by Decree dated 16 February 1926 (LS., 1926, No. 62]. Two Orders of the Governor-General, to amend the Coolie Ordinance for the West Coast of Sumatra. Dated 20 August 1927 [LS., 1927, Nos. 413 and 414.—L. S. 1927, D.E.I. 1]. Act relating to the administration of the Dutch Indies (sections 163 : definition of European, native and Oriental alien terms). Dated 13 July 1925 [Ned. Stb., 1925, Nos. 234-235.—LS., 1925, Nos. 415-4161. LS. = Staatsblad van de Nederlandsche Indies. Surinam (Dutch Guiana) Royal Order No. 71 relating to supervision of the admission of workers to Dutch Guiana and Ordinances made in pursuance of this Decree. Dated 19 March 1863 [G.B., 1863, No. 12]. Royal Orders relating to settlement of immigrants. Dated 1 August 1869, 19 April 1895, and 10 October 1894. Royal Order No. 27 to supplement and amend the regulations relating to immigration and recruitment. Dated 22 March 1872 [G.B., No. 8 of 1872]. Publication promulgating Order No. 43 dated 28 April 1914 to supplement and amend the foregoing Decree. Dated 4 July 1914 [G.B., No. 30 of 1914]. Publication promulgating the Decree of 29 April 1915 which amends the Order of 1872. Dated 7 J u n e 1915 [G.B., No. 48, 1915]. Publication promulgating and further amending the Decree of 13 April 1916. Dated 20 May 1916 [G.B., No. 43 of 1916]. Publication promulgating and further amending Decree No. 10 of 28 October 1919. Dated 31 December 1919 [G.B., No. 91 of 1919]. NORWAY Norwegian Nationality Act. Dated 8 August 1927. Art relating to the admission of Aliens (repealing all earlier laws relating to admission of aliens, inapplicable to the province of Svalbard). Dated 22 April 1927 [N.L., 1927, No. 15, p. 283.—L.S., 1927, Nor. 5]. Royal Resolution made in pursuance of the Act of 22 April 1927 relating 472 LIST OF LEGISLATIVE TEXTS M~ P u ^ 1 Ì C f Ì « n * p r 0 m u l g a t Ì n S a n d f u r t h ( ' r amending and extending Decree No. 40 of 16 August 1920. Dated 4 October 1920 [G.B., No. 69 of 1920] No°7d2T íelatÍng No D ?3] e e f0r n m _. ^ ° 7 " . ™ 474 the tal t0 recruitmen1; application - Dated 16 April 1896 [Staatsblad, 189o', oJ! t h e foregoing Decree [Staatsblad, 1896, Pecree relating to contracts of employment. Dated 1 Fe.h- LIST OF LEGISLATIVE TEXTS to the admission of aliens. Dated 26 September 1927 [N.L., 1927, No. 45 p. 906]. N.L. = Norsk Lovtidende. PANAMA Immigration and Colonisatior. Act, No. 32. Dated 7 March 1919 [Leyes Expedidas por la Asamblea Nacional, 1918-1919, p. 115]. Administrative Code. Part IV : Immigration Chapter I : Chinese, Turks, Syrians and North Africans of Turkish Race ; Chapter I I relating to Aliens not admitted [Official Pamphlet : Secretaría de Relaciones Exteriores de la República del Panamá : Inmigración y Pasaportes, 1927, pp. 5-10 and 39-44]. Immigration Act. No. 55. Dated 30 March 1925 [idem, pp. 11-15.—L.S., 1925, Pan. 1]. Decree to regulate the foregoing. No. 45. Dated 19 August 1925 [idem, pp. 17-21]. Decree relating to the issue and visa of passports. No. 46. Dated 20 August 1925 [idem, pp. 31-36]. Resolution to interpret the de finition of an immigrant. No. 159. Dated 7 October 1925 [idem, p. 25]. I m m i g r a t i o n Act. No. 13. Dated 23 October 1926 [idem, pp. 45-54. —L.S., 1926, Pan. 1]. Act lío amend and supplement Act No. 13 of 1926. No. 16. Dated 31 January 1927 [pamphlet cited above, pp. 55-58.—Gaceta Oficial, No. 5058, 28 February 1927]. Act to amend the Aliens Employment Act, No. 6A. of 1926. No. 15. Dated 27 January 1927 [Gaceta Oficial, No. 5058, 28 February 1927.— L.S., 1927, Pan. 1]. PARAGUAY I m m i g r a t i o n Act. 30 September 1903. Promulgated 6 October 1903 [Official pamphlet : República del Paraguay, Leyes de Tierras y Decretos Reglamentarios, Anexo : Ley de Immigración, pp. 58-63]. Immigrants Hostel Regulation. Dated 4 May 1921 [idem, pp. 70-72]. Resolution No. 915 relating to the Immigrants' Hostel Reception Service. No. 915. Dated 5 January 1923 [idem, pp. 63-65]. Act to amend section 14 of the Immigration Act of 6 October 1903. No. 691. Dated 31 October 1924 [D.O., No. 108?, 4 November 1924]. Presidential Decree No. 20173 to regulate Immigration Act No. 691. Dated 24 February 1925 [B.D.T.C., No. 22, January-Februarv-March 1925. —D.O., No. 1,116, 27 February 1925]. Circular No. 31 issued by the Minister for Foreign Affairs to consuls in regard to papers to be carried by persons travelling to Paraguay in transit via Argentine ports, May 1926 [pamphlet : "Departamento de Tierras y Colonias. —El Paraguay como país de inmigración, 1926"]. Instructions to Paraguayan consuls. Dated 24 February 1927 [pamphlet : "Ministerio de Tierras y Colonia.s, Asunción, 1927"]. Act relating to settlement and homesteads. Dated 13 June 1904. Promulgated 25 June 1904 [Pamphlet above cited : pp. 4-18]. Decree No. 5288 to regulate section 73 of the preceding Act. Dated 15 J u l y 1916 [idem, pp. 19-20]. Decree No. 6897 to organise the staff of the Lands and Settlements LIST OF LEGISLATIVE TEXTS 475 Office and defining the duties of this new Service. Dated 8 October 1917 [pamphlet cited above, pp. 3-4.—B.D.T.C, November and December 1925, No. 26]. Act No. 309 empowering the Executive Authority to make free grants of State land to persons applying for them. Dated 30 September 1918. Promulgated 5 October 1918 [pamphlet cited, pp. 52-54]. Decree No. 7847 relating to the transmission of applications concerning sale and delivery of title-deeds, conveying ownership of State lands occupied by agriculturists. Dated 5 April 1918 [idem, pp. 21-23]. Decree No. 10522 laying down the powers and duties of Colonial Administrators. Dated 13 September 1919 [idem, pp. 25-28]. Decree No. 10579 for the regulation of the Private Settlement Act of 25 J u n e 1904. Dated 26 September 1919 [idem, pp. 28-32]. Decree No. 11927 to supplement the regulations concerning sale and delivery of title deeds conveying ownership of State lands. Dated 3 July 1920 [idem, pp. 32-34]. Decree No. 12095 relating to payment by the occupants of State lands of the expenses of surveying same. Dated 4 August 1920 [idem, pp. 34-35]. Decree No. 12172 to regulate the adjudication and title-deeds of parcels forming part of the national settlements. Dated 14 August 1920 (idem, pp. 35-41]. Act No. 464 supplementary to the Act relating to settlement and homesteads. Dated 30 December 1920. Promulgated 30 December 1920 [idem, pp. 18-19]. Decree No. 17342 to regulate the leasing of State lands. Dated 21 January 1924 [idem, pp. 41-45]. Act No. 822 relating to the setting "up, development and preservation of small agricultural proprietorship. Dated 17 July 1926 (Boletín del Departamento de Tierras y Colonias, September-October 1926, p. 5). Act No. 832 for the reorganisation of the Office of Lands and Settlements. Dated 30 July 1926 (idem, p. 13.—D.O., 1926, N. 1259, p. 8]. D.O. = Diario oficial. B.D.T.C. = Boletín de la Dirección de Tierras y Colonias. PERU Constitution. Promulgated 12 January 1920 (Article 29; Freedom to immigrate). Decree relating to the transport of immigrants. Dated 16 August 1906. Decree. Dated 14 May 1909. Act No. 1220. Dated 31 December 1909 [Anuario de la legislación peruana, p. 471, b, Vols. 1-4, p. 51 of 1909]. Act No. 2402 relating to agricultural tenancy agreements. Dated 13 December 1916 [Código civil anotado y concordado, p. 1157]. Presidential Decree to regulate the admission of aliens to the national territory. Dated 10 December 1919 [La Constitución del Peru—Leyes orgánicas, by Guillermo Olaechea, Lima, 1922, p. 606]. Act No. 4145 relating to the admission and expulsion of aliens. Dated 22 September 1920 [idem, Appendix No. 4, p. 37]. Presidential Decree ordering a Census to be taken of the alien population. Dated 10 April 1922 [La Constitución del Peru.—Leyes orgánicas, Lima, 1922, p. 604]. Presidential Decree to establish a general Immigration Commissariat 476 LIST OF LEGISLATIVE TEXTS attached to the Ministry of Economic Development (Fomento). Dated 26 January 1926 [E.P., 13 February 1926, first half-year, No. 35, p. 145]. Decrees for the transformation of the former General Immigration Commissariat into a Ministerial Directorate for Immigration and the Settlement of the "Montaña" lands ; to be attached directly to the Ministry of Economic Development (Fomento).. Dated respectively 3 and 7 January 1927. Decrees relating to the establishment of an Immigrants' Hostel. Dated respectively 2 J u l y 1926 and 21 January 1927 [ E > . , 12 February 1927, p. 102]. Decree to increase the subsidies to be granted to settlers establishing themselves in the "Montaña" Zone. Dated 21 January 1927 [E.P., 12 February 1927]. Regulation relating to the sale of lands in the "Montaña" Zone. Dated 28 January 1927 [E.P., 16 February 1927, p. 161]. Decree fixing at 50 hectares per person the maximum extent of land which may be acquired for purposes of settlement in the "Montaña" Zone. Dated 25 February 1927 [E.P., 23 March 1927, p. 273]. Decree to fix the extent of State concessions to settlers establishing themselves in the "Montaña" Zone. Dated 25 March 1927 [E.P., 8 April 1927, p. 337]. Decree requiring settlers to submit a certificate of good health and ordering them to be medically examiried free of charge by medical officers of the Public Health Department. Dated 8 April 1927 [E.P., 4 May 1927, p. 430]. E.P. = El Peruano, Diario oficial. POLAND Presidential Ordinance relating to Aliens. Dated 13 August 1926 [Polnische Gesetze und Verordnungen in deutscher Uebersetzung, No. 15, 25 August 1926, p. 236]. Legislative Decree relating to the employment of aliens. Dated 4 J u n e 1927 [Rozporzadzenie Prezydenta Rzeczypospolitej z dnia 4 czerwca 1927, r. o. ochronie rynku pracy.—Dzienaik Ustaw 1927, No. 54, poz. 472, str. 741 —L.S. 1927, Pol. 5]. PORTUGAL Decrees relating to the naturalisation of 2 December 1910 and 28 March 1911 [Diario and No. 72 of 1911]. Decree No. 13919 relating to residence of [Diario de Governo, Series I, No. 145, 11 J u l y aliens. Dated respectively do Governo : No. 50 of 1910 aliens. Dated 7 J u n e 1927 1927, p. 1333]. Colonies Legislative texts applicable to all Portuguese colonies. Decree issued by the Minister of Marine and Colonies relating to aliens : their entry, transit and exit to oversea provinces. Dated 4 J u l y 1906. Native Labour Decree. Dated 14 October 1914 [Boletín Official do Governor Gérai de India Portuguesa. 80 December 1914]. Angola Circular addressed to the Governors of Districts and the Administrators of the Circumscription of Loanda relating to the strict application of the Decree of 4 J u l y 1906. Dated 7 October 1914. LIST OF LEGISLATIVE TEXTS 477 Provincial Order (Portaría) No. 14, fixing measures to be taken in connection with the admission of nationals and aliens by the different ports of the Province, and relating to assistance for cultivators in search of employment and a situation. Dated 8 January 1923 (Boletim oficial da Provincia de Angola, 1923, series 1, No. 2, p. 21]. Provincial Order No. 15, to take measures in regard to the lands of settlers whose immigration has been encouraged by the State and who are employed by it. Dated 8 January 1923 [idem, p. 22]. Provincial Order No. 22, relating to the admission of European Workers. Dated 3 March 1926. Cape Verde Islands "Diploma Legislativo" No. 3, issued by the Government of the Cape Verde Colony to make applicable to this Colony the modus vivendi concluded in 1925 by Angola and St. Thomas and Principe with certain modifications. Dated 24 March 1927 [Boletim Oficial do Governo da Provincia de Sao Tomé e Principe, No. 19, 7 May 1927, p. 242]. St. Thomas and Principe Islands Agreement concluded between the Governors of the Provinces of Angola and of St. Thomas and Principe relating to the recruitment of workers. Signed 28 April 1926 [Diario do Governo, 1926, Series I, No. 137, p. 626]. Decree No. 11491 issued by the Minister for the Colonies approving the modus vivendi relating to labour concluded between the Colonies of Mozambique and St. Thomas and Principe. Dated 9 March 1926 [Diario do Governo, I, No. 49, p. 212]. Decree No. 11492 issued by the Minister for the Colonies, authorising the recruitment of workers belonging to the province of Mozambique for St. Thomas and Principe. Dated 9 March 1926 [Diario do Governo, No. 49, p. 214]. RUMANIA Decrees to create a Migration Commission : No. 5997 dated 23 July 1921, and No. 56241 dated 11 November 1921. Employment Exchange Act. J t Dated 22 September 1921 [M.O., No. 143, dated 30 September 1921]. Act N o . 1206 to regulate migration. Dated 11 April 1925. P r o mulgated 28 April 1925 [M.O., No. 92, 29 April 1925, p. 4689.—£.£.. 1925, Rum. 1]. Regulation No. 2078 issued by the Minister for Labour and Social Weltare in application of the foregoing Act. Dated 22 June 1925 [M.O.. No. 183, 26 June 1925, p. 7505]. Decision No. 10838 taken by the Minister for Co-operation and Social Insurance (immigration tax imposed upon workers of various categories). Dated 23 March 1927 [M.O., No. 74 of 1927, p. 4436]. M.O. = Monitorul Oficial. RUSSIA Agrarian Code, 1922-1925. (Introduction : passage relating to the regulation of migration) [Recueil international de législation agricole, 1925, published by the International Institute of Agriculture, pp. 932-972]. Order issued by the Council of Labour and Defence, to set up a n Industrial Immigration Commission attached to the Supreme National Economic Council. Dated 9 May 1922 [R.L. oí the R.S.F.S.R., 1922, No. 37, p. 593]. 478 LIST OF LEGISLATIVE TEXTS Decree to set up a Permanent Committee of the Council of Labour and Defence for the purpose of regularising agricultural and industrial immigration. Dated 28 November 1922 [R.L. of the R.S.F.S.R., 1922, No. 79, p. 1406]. Order of the Council of Labour and Defence concerning Agricultural Immigration. Dated 2 February 1923 [R.L. of the R.S.F.S.R., 1923, No. 10]. Decree No. 560 concerning service on board vessels of the mercantile marine. Dated 20 March 1924 [L.S., 1924, Russ. 2]. Instruction concerning the putting in force of the Decree issued by the Central Executive Committee and the Council of the People's Commissaries of the R.S.F.S.R. on 9 February 1925 in regard to agricultural immigration. Dated 11 February 1925 [R.L. of the R.S.F.S.R., 1925]. Order of the Migration Committee of the Council of Labour and Defence by which it is decided to appeal for specialised and skilled workers from abroad. Published 11 February 1925 [I.N., 1925, No. 10, p. 6]. Order of Central Executive Committee and the Council of People's Commissaries of the United Socialist Soviet Republics respecting the advantages to be granted to immigrants and returning emigrants who are agricultural and industrial workers. Dated 31 March 1925 [R.L. of the U.S.S.R., 1925. NO. 23.—L.S., 1925, Russ. 10]. Order of the Council of People's Commissaries to approve the Instruction relating to the conditions and order of allocation of lands for the needs of agricultural immigration. Dated 28 Januarv 1927 [R. L. of the R.S.F.S.R., No. 19, section 130, 15 March 1927]. I.N. = H3BecTHa HKT CCCP. RX. of the U.S.S.R.=COEPAHHE 3AK0H0B H PACnOPaiKEHHÍL Paôoie-KpecTBflHCKoro üpaBHTejrtcTBa. CoK>3a CoBeTCKHx CoijiiajracTimecKHx PeenyÖJiHK H3,a,aBaeMHH YnpaBJieHHeM ^eaaMH. CoBeTa Hapo^HHX KoMHccapoB Coi03a CCP H CoBeTa Tpy^a H OóopoHH. R.L. of the R.S.F.S.R. = COEPAHHE y3AK0HErfflfl H PACIIOPiî3£EHÏLÎi. Paöoiie-KpecTfcSHcicoro IIpaBHTejiBCTBa. POCCHHCKHÍÍ CoijHafflCTEraecKoiì <&e,a;epaTHBHoii CoBeTCKoi PecnyömiKH, H3,naBaeMoe Hapo^HHM KoMHCcapnaTOM JOCTHUTIH. SAN SALVADOR Constitution of Salvador [Articles 2-50-60 relating to the status of aliens]. Decree to amend sections 29, 39 and 52 of the Aliens Act. Dated 13 May 1897. Agrarian Act (section 5 relating1 to the encouragement of immigration). Dated 13 May 1907 [D.O., 18 June 1907.—Nueva recopilación de leyes administrativas, S. Salvador 1923, Vol. I l l , p. 383]. Decree to institute the registration of Chinese nationals residing in the Republic. Dated 28 November 1925. Approved by Decree of the Legislative Assembly enacted on 10 April 1926; promulgated on 13 April 1926 [D.O., 1 December 1925, No. 272, p. 2489]. Decree of the Legislative Assembly laying down t h a t the staffs employed by agricultural, industrial or commercial undertakings or companies, whether national or alien, shall consist of nationals of San Salvador to the extent of not less than 80 per cent. Dated 21 May 1926 ; promulgated 24 May 1926 [D.O., 31 May 1926, No. 120, p. 949]. LIST OF LEGISLATIVE TEXTS 479 Decree prohibiting admission to the territory of the Republic to persons suffering from certain diseases. Dated 23 September 1926 [D.O., 1926, No. 213, p. 1769]. Circular issued by the Minister of Foreign Affairs in application of the foregoing Decree. Dated 13 October 1926. D.O. = Diario Oficial. SERB-CROAT-SLOVENE KINGDOM Act for t h e P r o t e c t i o n of W o r k e r s (sections 103 and 123 concerning the introduction of alien workers). Dated 28 February 1922 [S.N., 14 J u n e 1922, No. 128.—L.S., 1922, S.C.S. 1]. Regulations respecting the introduction of alien workers. Dated 9 July 1924 [S.N., 23 July 1924.—i.A., 1924, S.C.S. 1]. Regulations respecting the emplovmeDt of alien workers. Dated 24 November 1925 [S.N., 28 November 1925, No. 274.—L.S., 1925, S.C.S. 2]. Instructions issued by the Minister of Social Policy in application of the foregoing regulations [Socialni Preporodjaj, November-December 1925, Belgrade]. S.N. = CayjKÖeHe HoBime. SIAM I m m i g r a t i o n Act of t h e y e a r 2470 of the Buddhist e r a , 3rd y e a r of the r e i g n (11 J u l y 1927) [Official pamphlet in English: 'Immigration Act, B.E. 2470", issued by the Bangkok Times Press, July 1927.— L.S., 1927, Siam l'J. Regulation issued by the Minister of the Interior in application of the Immigration Act of the year 2470 of the Buddhist era (1927). Dated 21 J u l y 1927 [idem]. Notification issued by the Minister of the Interior, Year 2470 of the Buddhist era (27 July 1927) [idem]. SOUTH AFRICA Act to consolidate and amend the laws in force in the Union relating to the naturalisation of aliens. No. 4 of 1910. Dated 27 December 1910 [Statutes of the Union of South Africa 1910-1911, p. 130]. Immigrants Regulation Act, 1913. No. 22 of 1913. Dated 14 June 1913 [idem, 1913, p. 214]. Regulation No. 1079 for the application of the foregoing Act [U.S.A.G., 1 August 1913.—Regulations, 1910-1916, Vol. I l l , p. 1988]. Government Notice No. 925 (Department of the Interior). Amendment to the foregoing Regulations. Dated 4 June 1926 [U.S.A.G., 1925, Vol. L X I I , No. 1509, p. 103]. Government Notice No. 1792 (Department of the Interior). Amendment of Regulations under the Immigrants Regulation Act. Dated 14 October 1925 [U.S.A.G., 1926, Vol. LXIV, No. 1558, p. 423]. Act to amend the Act relating to immigration and Asiatics. No. 37 of 1927 [U.S.A.G. Extraordinary, Vol. LXIX, 5 July 1927, No. 1645, p. XXX]. U.S.A.G. = Union of South Africa Government Gazette: 480 LIST OF LEGISLATIVE TEXTS SWEDEN Royal Decree relating to employment offices and agents. Dated 5 May 1916 [S.F., 1916, No. 163]. Royal Proclamation relating to the supervision of aliens in Sweden. Dated 4 September 1926 [S.F., 1926, No. 412, p. 906]. Act r e l a t i n g to t h e s t a y of a l i e n s . Dated 2 A u g u s t 1927 [S.F., 1927, Nos. 330-331, 21 J u l y 1927, p. 673]. S.F. = Svensk Författningssamling. SWITZERLAND Confederation Federal Order relating to the supervision of aliens. Dated 29 November 1921 [R.L.F., 30 November 1921, No. 50, p. 829]. Federal Order to amend the foregoing Order. Dated 7 December 1925 [R.L.F., 9 December 1925, No. 33, p. 774.—F.F., No. 7, 1926, p. 358]. Scale of taxes to be paid by aliens, appended on 5 May 1922 to the Order dated 29 November 1921, and eimended by Order of the Federal Council dated 28 September 1925 [R.L.F., 7 October 1925, No. 27, p. 670]. Federal Order to insert a new Article (69 ter) in the Federal Constitution of 21 May 1874 relating to the stay and establishment of aliens. Dated 19 J u n e 1925. Approved by the vote of the people on 25 October 1925, and by the Federal Council's Order dated 11 December and the National Council's Order dated 23 December 1925. Promulgated by Order of the Federal Council dated 23 December 1925 [R.L.F., No. 1, 6 January 1926]. R.L.F. = Recueil des lois fédérales. F.F. = Feuille fédérale. TURKEY Act No. 675 relating to immigrants, refugees, and members of nomadic tribes who change their place of residence without permission. Dated 28 November 1925 (1341) [J.O., No. 241, 10 December 1925 (1341).— L.T., Vol. IV, p. 37]. Act No. 716 relating to repayable advances made to refugees. Dated 14 January 1926 [J.O., No. 279, 24 January 1926 (1342).— L.T., Vol. IV, p. 95]. Act No. 885 relating to establishment. Dated 31 May 1926 [J.O., No. 409, 1 July 1926.—L. T., Vol. IV, p. 510]. J.O. = Journal officiel. L.T. = La Législation turque. Recueil (en français) des lois votées par la Grande Assemblée nationale de Turquie et des principaux décrets et règlements de la République de Turquie, édition Rizzo, Constantinople. UNITED STATES Federal Government Act of 3 March 1875. Act p r o h i b i t i n g i m p o r t a t i o n of l a b o u r e r s u n d e r c o n t r a c t . D a t e d 26 F e b r u a r y 1885 [Official pamphlet : "U.S. Department of Labour : Immigration Laws and Rules of :L March 1927", p. 48]. LIST OF LEGISLATIVE TEXTS 481 Act authorising payment to informer in cases of violation of ContractLabour Law. Dated 19 October 1888 [idem, p. 48]. Act establishing the office of Superintendent of Immigration. Dated 3 March 1891 [idem, p. 48]. Act authorising the President to suspend immigration from countries in which cholera or other infectious or contagious diseases exist. Dated 15 February 1893 [idem, p. 49]. Act requiring steamship or transportation companies to post copies of Immigration Law in foreign countries. Dated 3 March 1893 [idem. p. 49]. Act authorising appointment of Commissioners of Immigration. Dated 18 August 1894 [idem, p. 49]. Act changing title of Superintendent of Immigration to CommissionerGeneral of Immigration. Dated 2 March 1895 [idem, p. 50]. Act placing the administration of the Chinese-exclusion laws under the Commissioner-General of Immigration. Dated 6 J u n e 1900 [idem, p. 50]. Act regulating the admission of Chinese and other aliens under contract if engaged in installing or conducting exhibits; etc. Dated 29 April 1902 [idem, p. 50]. Act authorising refund of head tax. Dated 3 Februarv 1905 [idem, p. 50]. Act concerning passports, expatriation, repatriation and citizenship of married women and children. Dated 2 March 1907 [idem, p. 51]. Act repealing law establishing the Immigrant Fund. Dated 4 March 1909 [idem, p. 52]. Act relating to outward alien manifests on vessels bound to Canada or Mexico. Dated 4 March 1909 [idem, p. 52]. The White Slave Traffic Act. Dated 25 J u n e 1910 [idem, p. 53]. Act requiring reimbursement to the United States of expenditures for maintenance of certain Chinese persons by the person, company, partnership or corporation bringing such Chinese to the United States. Dated 24 August 1912 [idem, p. 56]. Act creating the Department of Labour. Dated 4 March 1913 [idem, p. 56]. Seamen's Act. Dated 4 March 1915 [idem, p. 59]. Immigration Act. Dated 5 February 1917 [idem, p. 20]. Act defining the status of citizens of the United States who have entered the military or naval services of certain countries during the existing war in Europe. Dated 9 May 1918 [idem, p. 64]. Act to prevent in time of war departure from or entry into the United States contrary to the public safety. Dated 22 May 1918 [idem, p. 65]. Act to exclude and expel from the United States aliens who are members of the anarchistic and similar classes. Dated 16 October 1918. Amended by Act of 5 J u n e 1920 [idem, p. 66]. Resolution No. 44 authorising readmission to the United States of certain aliens who have been conscripted or have volunteered for service with the military forces of the United States or co-belligerent forces. Approved 18 October 1918 [idem, p. 67]. Act to deport certain undesirable aliens and to deny readmission to those deported. Dated 10 May 1920 [idem, p. 68]. Act providing for the admission of certain female aliens. Dated 5 June 1920 [idem, p. 69]. Act to provide for the treatment in hospital of diseased alien seamen. Dated 26 December 1920 [idem, p. 70]. Quota Act. Dated 19 May 1921 [idem, p. 70.—L. S., 1921, U.S.A. 1]. 31 • 482 LIST OF LEGISLATIVE TEXTS Act to deport certain aliens convicted of crime. Dated 26 May 1922 [idem, p. 74.—L.S., 1924, U.S.A. I, appendix 6]. Resolution extending the operation of the Immigration Act of 19 May 1921. Approved 11 May 1922 [L.S., 1922, U.S.A. 1]. Act creating Border Patrol. Dated 26 May 1924 [idem, p. 75]. Act to l i m i t the i m m i g r a t i o n of aliens into the United States and for other purposes. Dated 26 May 1924 [idem, p . 1.-—L.S., 1924, U.S.A. 1]. Resolution to permit certain aliens in excess of quotas to remain in the United States. Approved 7 June 1924 [idem, p . 75]. Act relating to Border Patrol. Dated 27 February 1925 [idem, p. 76]. Air Commerce Act of 1926. Dated 20 May 1926 [idem, p. 77]. Act to admit t o the United States, and to extend naturalisation privileges to, alien veterans of the World War. Dated 26 May 1926 [idem, p. 85]. Act exempting from the provisions of the Immigration Act of 1924 certain Spanish subjects residents of Porto Rico on l ì April 1899. Dated 26 May 1926 [idem, p. 86]. An Act to amend the Immigration Act of 1924. Dated 3 J u l y 1926 [idem, p. 86]. Executive Order No. 4049.—Documents required of aliens entering the United States on airships [idem, p. 87]. Executive Order No. 4476. —Documents required of aliens entering the United States [idem, p. 88]. Immigration Rules of 1 March 1927 [idem, p. 93]. Navigation Acts, 1919 [Department of Commerce, Bureau of Navigation : Navigation Laws of the United States, 1919, Washington 1920]. Constitution (Article X I V : Naturalisation) [official pamphlet : Naturalisation Laws and Regulations, p. 27]. Act to amend the Naturalisation Act of 14 J u l y 1870. Dated 18 February 1875 [idem, p. 22]. Naturalisation Act. Dated 29 June 1906. Act concerning aliens honourably discharged from military or naval forces of the United States during the War. Dated 19 J u l y 1919 [idem, p. 23]. Act concerning naturalisation and citizenship of married women. Dated 22 September 1922 [official pamphlet : "U.S. Department of Labour : Immigration Laws and Rules, of 1 March. 1927", p. 68]. General Order No. 39 : Examination of Aliens holding return permits. Dated 8 November 1924 [U.S. Department of Labour, Bureau of Immigration, Washington; No. 55,266/General, p. 1061]. Amendment to General Order No. 39 : Examination of citizens of Canada a t United States seaports. Dated 26 August 1925 [idem, No. 55,266/General, p. 1281]. Second amendment to General Order No. 39 : Examination of non-immigrant aliens. 9 November 1925 [idem, No. 55,266/General]. General Order No. 51 : Examination of aliens presenting visas endorsed by technical advisers assigned to certain American consulates in Great Britain and the Irish Free State. Dated 9 J u l y 1925 [idem, No. 55,266/ General]. Supplement to General Order No. 51. Dated 10 September 1925 [idem, No. 55,266/General, p. 1297]. General Order No. 53 : Aliens applying for admission from foreign con- LIST OF LEGISLATIVE TEXTS 483 tiguous territory. Dated 8 September 1925 [idem, No. 55,266/GeneraI, p. 1287]. General Order No. 56 : Status of alien wives and children of American citizens [idem, No. 55,266/General, p. 1334]. General Order No. 86 : Frontier zone workers. Dated 1 April 1927. Joint Resolution relating to the immigration of certain relatives of United States citizens and of aliens lawfully admitted to the United States (S.J. Res. 5). Approved by Congress on 28 May 1928 ; signed by the President of the United States on 29 Mav 1928. Dependencies Territory of Hawaii Act of 30 April 1900 fixing status of labourers within Hawaii and providing for their registration [U.S. Compiled Statutes, 1918, p. 4341]. Act (No. 123) to create a Department of Immigration, Labour and Statistics. Approved 21 April 1911 [separate official publication]. Philippine Islands Law (No. 317) relating to return of Chinese to the Philippines. Dated 13 December 1901. Act providing for registration of Chinese. Dated 29 April 1902. Acts of Congress relating to alien immigration. Dated 3 March 1903; 20 February 1907; and 5 February 1917 [Appendices to Vols. I I , VI, and X I I of the Laws of the Philippine Islands]. Act charging the officers of the General Government of the Philippine Islands with the administration of the immigration laws of the United States therein. Dated 6 February 1906 [official pamphlet : Immigration Laws and Rules of March 1927, p." 51]. URUGUAY I m m i g r a t i o n Act of 10 J u n e 1890, p r o m u l g a t e d 18 J u n e 1890. Immigrants' Hostel Regulations, 18 July 1908. Decree of 2 March 1912 (recruiting for agricultural work). Decree of 11 October 1912 concerning the immigration services. Decree of 18 February 1915 for the application of the Immigration Act. Constitution adopted on 15 October 1917 by the Constituent Assembly, and ratified by plebiscite on 25 November 1917 (sections 6 and 7, concerning nationality; sections 171 and 172 on right of entry and residence) [L.D.R.]. Decree No. 1297/B/1921 of 5 Marcii 1926, setting up a system of supervision for ensuring the observance'of the provisions which make it compulsory for certain classes of undertakings to employ 60 per cent, of Uruguayan workers [Diario Oficial de la República- Oriental del Uruguay, No. 5,950, 10 March 1926, p. 532-A]. Act of 22 January 1913 authorising a loan for the purchase of land for purposes of settlement ["Leyes sobre fomento rural y colonización", pamphlet published by the Uruguayan Land Bank, 1923, pp. 3-5]. Act of 21 March 1918 concerning agricultural loans (sections 3, 14, 21 and 22) [L.D.R., p. 341]. Act of 20 J u n e 1921 concerning the sale and granting of land through the Land Bank [pamphlet quoted of the Land Bank, pp. 6-11]. 484 LIST OF LEGISLATIVE TEXTS Act of 10 September 1923 instituting a section for the encouragement of agriculture and settlement under the Land Bank [pamphlet quoted, pp. 12-15]. L.D.R. = Leyes, Decretos y Resoluciones de la Administración, 1916-1919. VENEZUELA Naturalisation Act of 24 May 1913 (Boletín del Ministerio de Relaciones exteriores de los Estados Unidos de Venezuela, Nos. 8 and 9, August and September 1926, p. 274). Act of 26 June 1918 concerning immigration and land settlement [ C O . , No. 13515, 1918]. Act organising the consular service; with supplement: Acts, Decrees and Resolutions on this subject [official pamphlet, Caracas, 1921]. • Presidential Decree of 12 January 1925, by which are excluded from the territory of the Republic all aliens generally referred to under the title of "gitanos" (gipsies), of whatsoever nationality or origin [G.O., 12 January 1925, No. 15,483, p. 62679]. Aliens Act, No. 15162, of 23 July 1925 [CO., 15 August 1925, Año LUI, No. 15,664]. Act No. 15167 of 24 J u l y 1925 concerning unalienated land [CO., 15 and 18 August 1925.-—Recopilación de leyes y decretos, 1925, p. 406]. C O . = Gaceta oficial. SUPPLEMENT UNITED STATES Act modifying the Conditions for the Admission of Certain Classes of I m m i g r a n t s (Relatives of Persons who have Immigrated). A Resolution adopted by Congress on 28 May 1928, and signed by the President of the United States on 29 May 1928 (S.J. Res. 5), amends on several important points the Immigration Act of 1924 by granting facilities for immigration to certain members of the family of United States citizens and aliens who have been lawfully admitted to the United States. These new provisions aim at decreasing the harsh effects of the Act in separating families. Prom now onwards permission to enter as non-quota immigrants will be granted not only to the classes already provided for by section 4 of the Act (cf. the definition of non-quota immigrants, pp. 19-20, b, c, d, e), but also unmarried children under twenty-one years of age or the wife of a citizen of the United States, or the husband of a citizen' of the United States when the marriage took place before 1 June 1928, as well as women who were citizens of the United States, and who as a result of a marriage previous to 22 September 1922 ' lost their American nationality, but who are unmarried at the time of applying for the immigration visa. In terms of the same Resolution, the order in which visas will be granted to quota immigrants will henceforth be as follows (replacing the order of provisions previously in force in terms of section 6 of the Act) : (1) Fifty per cent, of the quota of each nationality for such year shall be made available in such year for the issuance of immigration visas to the following classes of immigrants, without priority of preference as between such classes : (A) quota immigrants who are the fathers or the mothers, or the husbands by marriage occurring after 31 May 1928 of citizens of the United States who are twenty-one years of age or over; and (B) in the case of any nationality the quota for which is 300 or more, quota immigrants who are skilled in agricul1 That is to say, previous to the Act concerning the nationality ot married women, known as the Cable Act, according to which a female citizen of the United States marrying an alien retains her nationality. 486 ACT MODIFYING THE CONDITIONS ture, and the wives, and the dependent children under the age of eighteen years, of such immigrants skilled in agriculture, if accompanying or following to join them. (2) The remainder of the quota of each nationality for such year, plus any portion of the 50 per cent, referred to in paragraph (1) not required in such year for the issuance of immigration visas to the classes specified in such paragraph, shall be made available in such year for the issuance of immigration visas to quota immigrants of such nationality who are the unmarried children under twenty-one years of age, or the wives, of alien residents of the United States who were lawfully admitted to the United States for permanent residence. (3) Any portion of the quota of each nationality for such year not required for the' issuance of immigration visas to the classes specified in paragraphs (1) and (2) shall be made available in such year for the issuance of immigration visas to other quota immigrants of such nationality. The Resolution states that the preference and (2) shall, in the case of quota immigrants in the calendar month in which the right to the number of immigration visas which may quota immigrants of such nationality has not wise, in the next calendar month. provided in paragraphs (1) of any nationality, be given preference is established, if be issued in such month to already been issued; other- No. 4265.—Printer OFFICE DE PUBLICITÉ ¡Ane. Établiss. J. LEBÈOUE & C le ), 7, impasse du Sureau, Brussels (Belgium).