INTERNATIONAL LABOUR OFFICE
STUDIES AND REPORTS
Series O (Migration) No. 3
MIGRATION
LAWS AND TREATIES
VOLUME I
Emigration Laws and Regulations
GENEVA
1928
PREFACE
The first edition of the present work was issued in 1922 under
the title Emigration and Immigration : Legislation and Treaties.
Its publication was the outcome of the meeting of the International Emigration Commission, which was held at the International Labour Office in August 1921, and which adopted a
resolution in favour of the publication of the legislative documents
that had been submitted to it. .
That edition, which analysed the laws and treaties of 76 countries and gave a general idea of the measures taken to regulate
migration movements, served a useful purpose as a handbook
for those concerned with the protection of migrants. But, like
all international legislative treatises devoted to a question still
in process of evolution, the information it contained soon became
out of date.
Since 1922, in fact, the regulation of migration has been the
subject of ever-increasing legislative activity, an activity that
goes to prove how great is the interest of Governments nowadays
in this problem. Almost every country has adopted new
legislation relating to migration, or has amended its existing
laws. During the same period, international action has also
progressed. So great, indeed, have been these developments,
that finally there was scarcely a page of the original volume
which did not require revision and extension.
Again, that work had hardly left the press when the International Labour Conference unanimously decided to recommend
Governments to communicate regularly to the International
Labour Office all their laws and regulations regarding migration.
As a result, a great mass of new legislative and diplomatic material
began to reach Geneva every month. Documents so voluminous
and of such great interest could not be put away without being
classified, studied, and published. It is the purpose of the present
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PREFACE
volumes to do this. They are based on new and wider lines
than the former edition, every effort having been made not only
to bring up to date the information given for the countries dealt
with in 1922, but also to include States not then covered. The
present volume analyses the laws and regulations of about 200
sovereign countries, federated States, mandated territories,
protectorates, colonies, and dependencies.
Although the original work has been so substantially revised
that the present edition may be considered as in reality a new
work, the main scheme is the same for both. As in the first
edition, the work falls into three principal parts, each of which,
however, in the present case, forms a separate volume. These
volumes are entitled :
I Emigration Laws and Regulations.
I I Immigration Laws and Regulations.
I I I International Treaties and Conventions.
Threefold as this division appears, in reality it covers but two
aspects of the subject treated. The first two volumes, taken
together, form a study of national laws governing migration,
while the third volume deals with the international regulation
of migration movements, which has increased to such an extent
in recent years that this volume of the study is very hig, although
the information in it has been severely condensed.
If the present volume is to be used to the best purpose and
its subject-matter fully grasped, it is essential that the connection
between these three parts should be clearly understood.
At the outset it may be observed that legislation governing
emigration and legislation governing immigration both represent
measures for dealing from different angles with one and the same
phenomenon, namely, the transfer of an individual's residence
from his country of domicile to some other country. Such a
change of country made by an individual is the object of two sets
of regulations, originating respectively in the country left by the
migrant and in that to which he proceeds. For the former
country the phenomenon falls under the heading of "emigration",
for the country of destination it is "immigration". It is true
that the former country is mainly concerned with the initial
phase of the movement, namely, the departure, while the country
PREFACE
VII
of destination regulates the final stage of the movement, that
is, the arrival and settlement of the migrant. At the same
time, in addition to the common ground of the actual voyage,
which is dealt with equally by the legislation of the two
countries (and sometimes by that of the transit countries or the
country under whose flag the emigrant sails) there are a number
of points of contact, sometimes of agreement, sometimes of
disagreement, between the two main bodies of legislation governing the lot of the migrant. Having regard to the fact that the
emigrant becomes an immigrant, any divergence between the
conditions governing emigration and those governing immigration may, if ignored, result in a check to migration.
In order to bring out the relation between these two phases,
and to facilitate a comparison between emigration and
immigration regulations, these regulations have been classified
under subject headings and not by country, and every endeavour
has been made in compiling the present volume to make the
structure of the first and second parts correspond as closely as
possible.
After a study of the general and introductory subjects
(definitions, restrictions on the right to emigrate or immigrate,
organisation of migration services), the natural order of sequence
of the various phases of migration (supply of information to
emigrants, recruitment, preliminaries to the journey, the journey
itself, the stay abroad, repatriation) has been strictly followed.
A special chapter on the regulations governing the transit of
migrants, a matter which concerns third countries, has been
added to Volume I.
Each of these subjects is dealt with first in a General Introduction, in which an attempt has been made to set forth the
diverse standpoints revealed by a comparison of the various
national legislative measures. This is followed by a summary of
the regulations of the different countries on the subject in question,
arranged in the alphabetical order of the countries. Mandated
territories, which are subject to an international regime, do not
follow the alphabetical order, but are placed at the head of the
list of countries, while colonies are classified immediately after
the mother country, or in their alphabetical order if the mother
country is not mentioned.
In the perspective thus obtained, the meaning and importance
Vili
PREFACE
of t h e legislative texts of t h e various States become clearer, as
not only m a y the particular points of each t e x t be appreciated,
b u t the points of resemblance and difference of texts issued on
t h e same subject b y t h e different States m a y be more easily
perceived.
Besides facilitating comprehension, this comparison of the
different texts is useful from three points of view. I t s first and
most immediate effect is t o promote the knowledge of divergences
which too often result in serious inconveniences for migrants.
Philanthropic societies working on behalf of emigrants, which, it
is hoped, this volume will aid in their difficult task, need t o be able
to grasp easily those points of discord t h e results of which their
efforts are intended t o mitigate. Secondly, it is our d u t y to
supply a need which is revealed by the requests for information
frequently received from Governments and legislators, who,
before embarking on the drafting of a new law or the amending
of existing regulations, desire to study the legislative measures
of other countries on t h e point of law concerned, so as t o base
themselves, so far as similarity of conditions permits, on measures
already tried by experience. A third purpose, although more
remote, cannot be overlooked b y t h e International Labour Office,
seeing t h a t the Office was entrusted, first b y the International
Emigration Commission which met at Geneva in 1921 and subsequently b y the F o u r t h Session of t h e International Labour
Conference, with the co-ordination of national laws dealing with
migration in order t o pave the way for future harmony on points
where sufficient resemblance would seem to justify such measures.
If there is ever t o be uniformity in the legislation of the various
nations, or even if practical measures t o minimise the m a n y
points of friction are to be evolved, a comparison of texts is t h e
indispensable initial step, and this is just w h a t the present
volume sets out to accomplish. I n it the reader will find, it is
hoped, a convenient means of comparison which, if not wholly
exhaustive, a t least contains a larger number of texts t h a n were
analysed in t h e first edition and including all t h e more important
ones.
Every effort has been made in the present edition t o increase
the space allotted t o t h e legislation of federal countries a n d
colonies. Our investigations in connection with federal countries
have been greatly facilitated b y the fact t h a t the federal
PREFACK
IX
Government is often the sole authority competent to regulate
migration movements from or to the country in question,
although on certain points special provisions may exist with
regard to one or more of the component States. As regards the
colonies, although it has been impossible to trace in detail the
infinite variety of laws, ordinances, and regulations issued by
each one, we have endeavoured at least to give a survey
of colonial legislation on migration movements by bringing
together, where resemblances in the texts permit, the laws
and regulations of the colonies belonging to the same State
in order to enable instructive comparisons to be drawn in this
case also.
While omitting purely administrative details in the analysis
and translations of texts quoted in the present work, everything
has been done to keep as closely as possible to the original texts
and to provide the reader with an exact interpretation of the
documents examined. Moreover, an exact reference is given in
every case to the text quoted or to the different texts which have
been combined in a single survey, where, as often happens, their
provisions are in agreement. Should, therefore, the reader
desire to study any given question in greater detail, he will have
no difficulty in finding the original text.
While legislation concerning emigration is to be understood only
in conjunction with that concerning immigration, a knowledge
of the problems involved in both can be complete only if account
is taken of international agreements.
These agreements are of two kinds and affect the corresponding
national laws in various ways.
Bilateral treaties concluded directly between the States
interested tend to secure on the territory of one of the contracting
States the application of the legislation in force in the other, or
to guarantee the subjects of the other State the benefits of the
legislation applied to nationals, or, again, to create for the emigration and residence of the subjects of the other contracting State
different conditions from those affecting subjects of other
countries; in the latter case the agreement sets up an exception
to the ordinary regulations laid down by the national laws
of each of the States. As a result of such an agreement, for
example, the ordinary methods of recruitment will no longer
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PREFACE
apply to emigration from one country to the other or to the
subjects of either of the two countries.
Multilateral treaties, on the other hand, tend in all cases to
unify national legislative measures, or at least to create a common
ground for the application of regulations drawn up in common.
If all nations of the world were to adhere to them, they would
automatically abolish all national differences on the points
covered and constitute a universal law. The promotion of such
treaties represents the effort of co-ordination referred to above,
a work which is specially entrusted to the League of Nations and
the International Labour Office, but which has sometimes been
accomplished, and can still be accomplished, by direct agreements
between States. So far as the regulation of migration movements
is.concerned, the establishment of an international law is a task
of the greatest delicacy and one which requires time. Nevertheless, mention will be made in these pages of a number of
agreements of this kind which seem of great promise for the
future.
Preceded by a short description of the forms which these
treaties and agreements may take, a systematic analysis by
subject is made of them in the third part of this work. This
analysis cannot go into great detail; it is meant to show the
main types of international agreements concluded on each subject
rather than to be a complete description of the individual treaties.
Here, again, it will be an easy matter to perceive the connection
between the national laws and the treaties, and to complete the
study of the questions in one part of the volume by reference to
corresponding passages in other parts. Moreover, frequent
references are given to bring out these points of relation and
enable the reader to make the necessary comparisons.
Although the plan of classification by subject-matter facilitates
a comprehension of each separate question, it has the disadvantage
of dividing up and separating the regulations laid down and the
agreements concluded by each country. To counteract this and,
where necessary, to allow of a rapid comparison of the laws,
regulations, and agreements in force in the same country, a geographical index is appended to the volume, references being
given to the chapters, paragraphs, and pages in which each
country is mentioned.
PREFACE
XI
In this work, the dimensions of which necessitated a certain
period of preparation, documents of later date than 1 January
1927 are not included. The amendments which are continually
being made in legislation relating to migration render it idle
to hope that the volume will be wholly up-to-date when it is
published. Laws and treaties of capital importance which may
appear in the interval between the two dates will be given in an
addendum. The Monthly Record of Migration and the Legislative
Series of the International Labour Office will continue as heretofore to supplement and keep up-to-date this work, which is
intended to be less a practical, complete, and exact collection
of legislative texts than a composite survey of questions regarding
migration and an aid to the study of those questions.
The Office is moreover fully aware that in the study of the
thousands of texts which have had to be consulted in the
preparation of this volume, and of which many had never hitherto
been translated, a certain number of omissions and mistakes may
have occurred. It will therefore be glad to receive any communications on this subject likely to be of use in improving
the information at its disposal.
*
*
*
The work which appears to-day is a book of reference, which
will have more attraction for the worker in search of reliable
information than for the reader greedy for interesting literature.
Nevertheless, the attentive and methodical reader, for whose
special benefit the introductory remarks to each chapter have
been composed, will be able to obtain an exact idea of the presentday regulation of migration movements, and. to find food for
reflection therein.
If he compares the present edition with its predecessor, he will
see that the number of countries which have adopted systematic
laws on migration has, as has been stated already, greatly
increased since 1921.
If he takes the trouble to read the new laws and to study their
structure, he cannot fail to see that as a general rule they
are much more precise and far-reaching than the earlier ones.
Mention may be made, for example, of the amendments introduced in the legislation of the United States since 1922. Scarcely
XII
PREFACE
less important also are the changes made in the Italian laws
and the French regulations, while in Spain, Poland, Austria, and
Germany, not to mention Cuba, Brazil, and Argentina, fundamental changes have taken place. Attention must also be drawn
to the introduction of legislation based on co-operation between
the different parts of the British Empire, which has given an
impetus to oversea settlement.
The observant reader will be struck not only by the volume
of new legislation but by its tenor. He will notice that the laws
of the immigration countries are less favourable for migrants
than previously. The United States legislation is the most
typical example of this, and is far from being an isolated case.
The Laws of certain British Dominions, which are liberal for
subjects of the British Empire, are much stricter regarding
the immigration of nationals of other countries. Even in the
legislation of the Latin-American States most favourably inclined
towards immigrants, there are to be found a certain number of
measures which provide for a more careful selection of emigrants
than was the case five years ago. Latterly, the legislation of
France has undergone certain modifications, which had the effect
of completely closing the frontiers at the beginning of 1927, and
of reopening them later on only with the greatest prudence.
The growth of legislative provisions, based on ethnical considerations, and resulting in the complete or partial exclusion of
certain peoples judged to be undesirable or unsuitable, is also
particularly worthy of note.
On the other hand, similar amendments have been introduced
in the legislation of the emigration countries. Formerly, legislation was scarce in these countries, and generally aimed
merely at protecting the emigrant. Nowadays, however, the
main object of the laws is to convert the free and spontaneous
emigration of individuals into a collective movement under the
control of the State. Modern legislation tends to put a value
on the emigrant in the interests of his country, to train him to
accomplish his social duties, and to convert emigration into a
sort of colonisation movement in favour of the homeland. The
recent evolution of Italy—which exercises strict control over the
emigration of its nationals, and only allows them to leave when
they are in possession of a recognised contract of employment
and have definite chances of succeeding both from a personal
PREFACE
XIII
and a national point of view—is typical of the change which is
taking place. The methods of regulation employed by that
country are of too recent date to have been completely embodied
in legislative texts, and cannot therefore be fully set forth in the
present work. The attitude adopted by Italy is not peculiar
to that country, but is being followed to a certain extent by
many of the emigration countries, which are becoming ever
more averse to allowing their nationals to leave the country
in a casual fashion and to lose their nationality uselessly. On
the one hand, there is the desire to protect the individual; on
the other, the need for national expansion.
The reader who desires to use the information impartially
set forth in these pages and the texts of existing laws to trace
the growth of the main principles at present guiding the world,
will be particularly struck by the fact that these texts, so opposed
at first sight, are really based on common or at least very similar
conceptions, which have come into full play only since the war.
In both emigration and immigration countries there is a distinct
tendency to subordinate considerations of a private nature to
the interests of society and the State. Less attention has been
given to the interest which an individual may have in entering
or leaving a country, than to the dominant interests of the State
and the general public. Hence, persons who, in the opinion of
the State, ought to remain in the country on account of their
culture, influence, ideas, and training, are no longer in a position
to proceed abroad without great difficulty. Although their
departure is not formally prohibited, so many conditions and
formalities are attached to the emigration of persons of value
to the country, that they often give up the idea. The only
persons who may leave the country without hindrance are those
who promise to conduct themselves as good and faithful citizens
when abroad, and who are prepared to return with all their
possessions at the first call of their country.
On the other hand, admittance is granted only to those who
are obvious assets to the country accepting them, who are
prepared to be assimilated and become citizens, and who do not
prejudice in any way the maintenance of the national standard
of life.
In the presence of the vast interests thus put in motion,
what consideration is likely to be given to the microscopic and
XIV
PKEFACE
personal interest which an individual may have in emigrating or
immigrating?
The abstract principle of the right to emigrate and immigrate,
in support of which great efforts were made during the nineteenth century and which seemed at a certain moment likely to be
upheld by legislation, has been rudely shaken during latter years.
Nowadays protection seems, in the interests of society, to be
preferable to liberty.
Thus it is that, starting with the same inclination to subject
private initiative to the requirements of society and the State, the
two groups of countries often evolve opposing measures, from
which migration, formerly spontaneous, suffers. This is undoubtedly the reason for the decrease in the volume of migration
currents, a decrease which was already considerable when the
first edition appeared, and which has become still more marked
during the last few years.
In addition to the growth of these social ideas—based on the
same initial principles but leading to such opposing conclusions
in the different countries—the reader will also perceive a distinct
movement towards dealing with migration questions internationally.
Thus, under the auspices of the International Labour Organisation, many Conventions have already been adopted in favour
of the migrant, considered more as an individual than as a citizen
of a given country. Summaries of a large number of these
agreements are to be found in Volume I I I of the present work.
I t will be observed that these international Conventions, numerous
as they are, as yet affect only subsidiary migration questions,
and that no really controversial problems have so far formed
the subject of any decisive international study. At the same
time, the interest in such questions is growing apace, and the
frequency of international action is such as to justify the hope
that the day is not far distant when the fundamental principles
affecting the migration of the human race will be discussed by
assemblies imbued with a desire to find means to settle questions
so important for the future of humanity and civilisation.
Forestalling the holding of such international conferences,
mutual interests often result even nowadays in drawing together
the emigration and immigration countries with a view to the
conclusion of agreements. It will be seen that during the last
PREFACE
XV
four years treaties have been negotiated between a large number
of neighbouring States to regulate the collective and temporary
emigration of labourers. I n these instances the desire of the
emigration countries to preserve the allegiance of their nationals
employed abroad and t o guarantee the ultimate return of their
migrant population, enriched with the fruits of their toil, has
coincided with the interest which the immigration countries have
had in obtaining the workers momentarily necessary for their
economic welfare, without permanently encumbering their national
labour markets by the admission of large numbers of foreign
workers for an unlimited period. Thus the two groups of
countries were able without undue difficulty to come t o terms
regarding the encouragement of this form of collective and
temporary emigration of labourers, a phenomenon which, it
should be added, has latterly acquired considerable importance
throughout the world, particularly in Europe, Asia, and Africa.
This policy, which originally sprang from special agreements
concerning labour migration concluded between neighbouring
States, has in recent times been adopted between widely-separated
countries for the encouragement of colonisation schemes.
Treaties of this sort are t h e characteristic feature of the presentday international regulation of migration questions. I t may be
t h a t herein lies the surest way of satisfying the desires of all
parties, if not, perhaps, the only really adequate means of avoiding
the clash of opposing opinions which, failing a preliminary
agreement, can only result in limiting the action of the States
concerned without accomplishing any useful purpose outside
their national frontiers.
Apart from actual treaties, and as a manifestation of the general
tendencies of emigration policy, the reader will attach real
importance t o the meetings of general migration congresses
through which Governments endeavour to arrive a t common
guiding principles for themselves and public opinion. Five years
have already elapsed since the representatives of the emigration
and immigration countries held two separate conferences where
each group tried to lay the foundation of their respective policies.
Since then the Emigration and Immigration Conference of Rome
has drawn u p a number of fundamental principles which have
been endorsed by the majority of the countries represented, t h a t
is to say, of the whole world. A second conference will shortly
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PREFACE
be held at Havana for the special purpose of investigating the
possibilities of passing from discussion to action.
To facilitate this practical effort, the preparation of documentary material is essential. Realising that one of the difficulties
militating against the conclusion of satisfactory treaties lies in
the want of co-ordination of existing laws, the Rome Conference
expressed the hope that the emigration and immigration countries would agree as to the desirability of publishing a systematic
collection of the existing laws and regulations respecting migration and the legal status of foreign workers. The present
volume may contribute to the satisfaction of the desire thus
expressed by placing at the disposal of Governments, legislators
and men of action, documents which will help them to understand the requirements of national legislation and to decide
whether it is necessary to legislate, either jointly or separately,
on migration questions, which daily acquire increased importance
as a factor in the vast economic problems at present confronting the world.
CONTENTS
PAGE
PREFACE
v
CHAPTER I : Emigration Legislation i n General
1
CHAPTER II : Definition of an Emigrant
§ 1. Definitions of Various Terms Used
The Legal Definitions of a n Emigrant
§ 2. Emigration Statistics
CHAPTER III : The Right to Emigrate and Restrictions on
this Right
7
7
9
22
32
§ 1. The Various Legislative Restrictions
(a) Prohibition of Emigration in General, or of Emigration
to Certain Countries, and Need for an Individual
Permit
(b) Absence of Identity Papers or Other Documents
(c) Conditions of a Moral Nature; Legal Proceedings
(d) Military Service
(e) Obligations towards the State, Society, or Family
(f) Legal Minority
(g) Sex
(h) Old Age and Invalidity
(i) Sickness
(j) Lack of Resources either on Arrival or on Departure . .
(k) Occupation of Emigrants
(I) Correlation of Emigration and Immigration Laws
(m) Collective Emigration
(n) Receipt of an Advance for the Expenses of the Journey.
(o) Prohibitions on Economic Grounds
(p) Occasional Suspension
34
35
39
40
42
46
49
55
62
63
65
69
70
73
73
75
75
§ 2. Passports, Visas, and Identity Cards
§ 3. Exceptional Measures : Individual Exemptions and Prohibitions
§ 4. Legislation relating to Clandestine Emigration
§ 5. Special Legislation relating to Seamen
Engagement and Finding Employment
Seamen Remaining in a Foreign Country
79
90
93
100
100
102
la
CONTENTS
XVIII
PAGE
CHAPTER IV : Emigration Services
§ 1. Official Departments
§ 2. Private Societies and Their Relations with the Official
Departments
CHAPTER V : Preliminary Assistance of the Emigrant
§ 1. The Supply of Information
§ 2. Training of Emigrants
108
108
129
137
137
144
CHAPTER VI : Recruiting and Placing in Employment Abroad
148
§ 1. Special Regulations concerning Recruiting Agents
(a) Prohibition of Recruiting and Special Authorisations . .
(b) The Conditions for Obtaining an Authorisation
(c) Fees and Security
(d) Regulations concerning the Staff of Recruiting Agencies.
(e) Remuneration of the Recruiting Agents and Sub- Agents.
(f) Control of the Propaganda and Activities of Recruiting
Agents
(g) Procedure and Penalties
150
152
154
163
167
169
170
172
§
§
§
§
173
182
184
187
2.
3.
4.
5.
Emigration and Labour Contracts
Recruiting for Land Settlement
Placing in Employment Abroad
Assisted Emigration
I
CHAPTER VII : Conclusion of the Transport Contract
§ 1. Heads of Transport Undertakings and Their Agents
(a) The Necessity for a Licence
(b) Conditions which must be Fulfilled before a Licence can
be Obtained
(c) Deposits, Licences, and Fees
(d) Management of Transport Undertakings (Agents and
Sub-Agents)
(e) Remuneration of the Employees of Transport Undertakings
§ 2. Regulations concerning the Cost of Transport
(a) The Fixing of the Cost of Transport
(b) Posting Up the Cost of Transport
(c) Prohibition of Additional Charges
(d) Prohibition of Methods of Payment whereby the
Liberty of the Emigrant might be Restricted
(e) Regulations concerning the Sale of Supplementary
Tickets and Through Tickets
§ 3. The Contract
(a) Need for a Written Contract
193
194
195
196
203
208
215
215
216
218
219
221
222
224
224
CONTENTS
XIX
PAGE
(b) Compulsory Clauses
(c) Cancelling Contracts and Payment of Compensation..
(1) Withdrawal in Cases of Force Majeure and
Fortuitous Circumstances
(2) Withdrawal Due to the Fault of the Transport
Agent
(3) Withdrawal a t the Desire of the Emigrant
(d) Delay in the Execution of Contracts and Interruption of
or Failure to Complete the Journey
227
232
§ 4. Various Additional Regulations
(a) Prohibition of Propaganda in Favour of Emigration . . .
(b) Regulations concerning Banking Operations
(c) Prohibition of the Transport of Persons whose Emigration or Immigration is Prohibited
(d) Inspection of Books and Documents
(e) Legal Procedure. Competent Authorities
(f) The Posting U p of Legal Provisions concerning Emigration
245
245
248
CHAPTER VIII : T h e D e p a r t u r e of E m i g r a n t s
§ 1. Prescribed Routes for Emigration
§ 2. Health Measures, and Hygienic Conditions for the Accommodation of Emigrants a t Ports and Frontier Stations . . .
§ 3. Disinfection
§ 4. Examination on Departure
§ 5. Other Protective Enactments
§ 6. Communication of Lists of Emigrants
§ 7. Exit Taxes
CHAPTER I X : T h e T r a n s p o r t of E m i g r a n t s
232
236
237
238
249
252
254
257
259
259
263
267
267
272
274
278
280
§ 1. Regulation of Transport by Sea
(a) Emigrant Ships
(b) Protection of Emigrants during the Voyage
280
281
294
§ 2. Regulation of Land Transport
§ 3. Insurance of Emigrants against Travelling Risks
(a) Insurance of Emigrants against Accidents
(b) Loss of Luggage or Money Entrusted to the Company. .
(c) Medical Attention
(d) Cases of Fortuitous Death
307
309
309
313
315
316
§ 4. Direct Transport
316
CHAPTER X : R e p a t r i a t i o n of E m i g r a n t s
§ 1. Refusal a t the Point of Departure
§ 2. Rejection on Arrival a t Destination
§ 3. Repatriation on Fulfilment of Labour Contracts
318
318
322
324
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CONTENTS
PAGE
§ 4. Extradition and Compulsory Repatriation
§ 5. Voluntary Repatriation (Free Tickets or Tickets at HalfPrice)
§ 6. Advantages Granted to Returned Emigrants
330
335
CHAPTER X I : Protection of Emigrants by Their National
Authorities
338
§ 1. Duties of Diplomatic and Consular Agents
§ 2. Emigration Agents and Similar Officials
§ 3. National Societies and Institutions
CHAPTER XII : Special Regulations concerning
Emigration
329
339
344
347
Continental
CHAPTER XIII : Migrants i n Transit
350
358
APPENDIX
List of the Most Important Legislative Texts relating to Migration..
369
SUPPLEMENTS
I. New Polish Legislation
II. Spain : Royal Decree Restricting Emigration
395
402
CHAPTER I
EMIGRATION LEGISLATION IN GENERAL
If a retrospective study be made of the migration movement,
the earliest form of this phenomenon is found to be emigration
in the strict sense of the word. I t is therefore this form t h a t has
been selected t o open our study of the question, which is developed
in the logical order of its various phases.
I n this Volume of our work, which is devoted to national emigration laws, a study is made in the first place of the measures adopted
to regulate or restrict the right to emigrate. This is followed by
a brief description of the organisation of services for the protection
and supervision of emigrants. Then, accompanying the emigrant
through t h e various preliminaries to the voyage, our study goes
on to survey the measures taken t o provide the emigrant
with the necessary information, the legislation governing the
recruitment of workers for abroad and t h a t which protects the
emigrant against possible victimisation by shipping agencies,
embarkation formalities and provisions adopted t o secure
hygienic and comfortable quarters for emigrants at concentration
centres, regulations laid down concerning the transport of the
emigrant, steps taken to facilitate his return to his native land;
and the supervision exercised over him during his stay abroad.
The two chapters which conclude Volume I deal with rather
special subjects and therefore do not fall exactly within the
general plan adopted. These chapters are devoted respectively
to the regulations concerning continental emigration and emigrants in transit.
At the outset it may be observed that legislation concerning
emigration is abundant and extremely varied. I t is drafted
to meet a variety of requirements and is consequently liable to
2
2
EMIGRATION LEGISLATION IN GENERAL
constant modifications which coincide in each country with
changes in moral and economic conditions and fluctuations in
home and foreign policy.
While it is undeniable that emigration laws have a certain
influence, positive or negative, on the expansion of a people
beyond its frontiers, there are other complex factors which react
in this respect on the mentality of a people and the attitude of
the Governments. As, moreover, there is a distinct relation
between the volume of the movement itself and the development
of measures for its regulation, it follows that the factors which
influence the movement also have an indirect effect on the
corresponding legislation, and it is therefore of considerable
importance to define these factors.
It may be said that as a rule emigration springs from a feeling
of dissatisfaction. A people contented with its native land
shows little desire to leave it, and among such peoples emigration
laws are non-existent. Let, however, a cause of unrest, physical
or mental, arise and emigration makes its appearance. The
emigrant is a non-conformist who goes to a chosen land to escape
hardships encountered in his native country, whether the nature
of these be religious, political, or economic.
As regards the economic causes of emigration, the importance
of which is nowadays predominant, and which come more
particularly within the scope of the present study, it may be said
that emigration is most often the consequence of a disproportion
between the density of population and the vital resources of a
country (agricultural resources, industrial prosperity, etc.).
At the same time it should be observed that it is neither the most
indigent peoples nor the poorest elements of a given nation who
are led to emigrate by the hardships surrounding them. The
desire to better one's lot by going abroad, which requires a certain
amount of energy and initiative, generally arises among those
who are gifted with enough imagination to believe in a brighter
future and who possess sufficient confidence in themselves to
hope to realise their plans, in spite of the bitterness of exile and
relinquishment of present resources which, however inadequate,
have nevertheless the merit of being real. Thus it is that
emigrants are not recruited from the assisted poor unless
emigration happens to be a form of relief offered them, or, as in
former times, forced upon them.
EMIGRATION LEGISLATION IN GENERAL
3
Whatever may be the psychological conditions essential to the
growth of emigration, it is absolutely certain that a general
tendency among the masses to leave their country in search of
improved conditions of existence is invariably accompanied by a
profusion of laws and regulations on the subject, for there is
hardly a country nowadays which allows important population
movements across its frontiers to go unregulated, and, whether
the intention be to prevent, to encourage, or simply to supervise
these movements, emigration is regulated wherever it occurs.
At the same time there are a number of considerations which
influence the attitude of Governments and the legislation of
nations in a negative or positive sense.
As a rule emigration is considered as a debilitating element,
the limitation of which is required in the general interest of
the nation. Such an opinion naturally leads to the restrictive
regulation of emigration and the official organisation of all
possible compensatory measures such as the development of
colonial expansion, the improved exploitation of the natural
resources of the home country, the protection of labour by the
prohibition of immigration, etc.
Nevertheless, the departure abroad of the surplus population
which is unable to find satisfactory living conditions in its
native land is considered as an inevitable evil, and Governments
do their best to minimise the effects and dangers arising therefrom by exercising strict supervision over those emigrating, by
affording them all possible means of protection, and by taking
the necessary steps to secure their return at the end of their period
of engagement abroad or to facilitate their definite settlement
abroad in favourable conditions.
Emigration, however, may also be regarded as a useful medium
for the development of national power. To quote some examples
of this, emigration countries may exchange their excess labour
for the grant of certain privileges; savings sent by emigrants to
their native country are a source of wealth for that country;
the consumption of national products to which emigrants remain
faithful make these products known abroad and favour export
trade; emigration may become the means of extending national
influence, provided that a Government is able to choose its
emigration field and maintain close contact between the homeland ' and its nationals resident abroad. Such a conception of
4
EMIGRATION LEGISLATION IN GENERAL
emigration is accompanied by the development of auxiliary
emigration services and general organisation calculated to invest
the Government with complete control of the phenomenon and
to give it the power t o sanction the departure only of those
emigrants who are best adapted for the purpose to countries
where their settlement appears most likely to favour the ends
pursued.
Again, when emigrants are recruited from among the more
heterogeneous elements of the population of a country (ethnical
or religious minorities, refugees whose presence is due t o a
catastrophe, etc.), their transfer abroad is sometimes considered
as a suitable means of getting rid of them, in which case the State
is careful not to raise any objections.
Nor is it by any means rare for Governments to adopt a
policy which combines these different standpoints, and, while
endeavouring to restrict emigration and abolish its causes, to
t r y to utilise for national purposes emigrant streams which they
are powerless to stem.
Moreover, conflicting currents of public opinion arise which
have their reaction on emigration laws, and it often happens
t h a t the entire emigration policy of a country is completely
reversed. Public opinion is slowly prepared and then the change
takes place. The failure of one system leads t o the sudden
adoption of an opposite system. Further, the close connection
between the regulation of emigration and the general policy of
States m a y also cause or aid such changes, as new conceptions
in the former sometimes have a great influence on the aims of
the latter.
There are even tendencies in public opinion to convert emigration problems into political questions. Since the war, the
peoples have become accustomed to seeing Governments, in
the interests of national organisation, interfere to a much
greater extent t h a n before in the activities of private individuals,
and also exercise a stricter control over frontiers ; as a result the
peoples are inclined nowadays t o expect the State to deal with
any difficulties which may arise in connection with the settlement
of its nationals abroad. Sometimes, they even express impatience at the check imposed b y prudence on the hasty conduct
by Governments of diplomatic negotiations on such questions.
There is, therefore, a distinct and ever-increasing tendency to
EMIGRATION LEGISLATION IN GENERAL
5
abolish the right hitherto granted to the individual to emigrate,
and to recognise the State's right to control its population
movements, with all the consequences which ensue from the interdependence of political and migration questions thus implied.
I t should be added t h a t political and economic changes in
immigration countries have a reaction in emigration countries
where they lead to the amendment of the legislation and even
influence the general evolution of emigration policy. Indeed
the restrictions imposed on the right to emigrate are partially
based on the regulations adopted in the countries of destination ;
in some cases these restrictions are intended to prevent the
rejection by the country of immigration of migrants who are
considered as undesirables, and where measures of prohibition
affecting the nationals of any given country become general in
the immigration countries, the economic policy of t h a t State
may in consequence undergo complete modification. A number
of the regulations adopted in the emigration countries also aim
at forming the annual quota admitted to the United States
on a basis of equity and justice.
Repercussions may also be felt in the opposite direction, and
the adoption of a new emigration policy by a State m a y easily
result in the modification of the immigration laws of those
countries which generally receive the nationals of t h a t
State.
Moreover, the efforts made t o adapt the legislation concerning
emigration to legislation concerning immigration cannot conceivably result in the perfect organisation of emigration, as
the scope of all national regulations is of necessity restricted t o
the country issuing them, whereas migration by its very nature,
extends beyond these limits. An entire phase of the phenomenon
thus escapes the influence of the country of origin and takes
place outside its frontiers where official action becomes impossible.
Hence it is t h a t strict regulations tend to cause a correspondingly
large volume of clandestine emigration and t h a t unauthorised
emigrants, sometimes in large numbers, are able to reach the
frontiers of the immigration countries without the permission
of the authorities of their country. Indirect emigration, although
perfectly legal, gives similar results, and nationals of a given
country who emigrate from a foreign country, to which they
have gone some time previously, also remain outside the scope
6
EMIGRATION LEGISLATION IN GENERAL
of the laws of their country, whether these circumstances be due
to chance or a carefully thought out plan.
In addition to being incomplete from a purely restrictive point
of view, national emigration laws can hardly fill other than a
passive rôle; in any case, they are inadequate as measures for
the definite organisation of the international phenomenon which
they propose to regulate. Besides being powerless in all cases
to stop those of its nationals that it might desire to prevent from
reaching the countries of immigration, an emigration country
can no more take steps to compel the reception of those which
it desires to see received than it can guarantee efficient protection
for its emigrants abroad without the consent, expressed or implied,
of the other countries concerned. All measures taken by one
State in connection with nationals who have left its territory
must invariably encounter the rights of other States, supreme
in their own territories. A solution of these difficulties can be
found in international conventions and treaties, which are at
present increasing rapidly.
DEFINITIONS OF VARIOUS TERMS USED
7
CHAPTER II
D E F I N I T I O N OF A N E M I G R A N T
§ 1.—Definitions of Various T e r m s U s e d
It is always a matter of great importance to define carefully
any terms used in a book, b u t it is more important than usual
in a work dealing with migration, because in this field the very
fact of examining the problem from an international point of
view imposes on us a new terminology.
I n the first place reference may be made to the word "emigrant"
and its derivatives "emigrate" and "emigration". The word
"emigrant" is used to mean any person (considered from the point
of view of the country from which he migrates) who leaves
a country t o reside, either temporarily or permanently, in another
country. I t includes both citizens or subjects of the country of
emigration and aliens who have resided there for some time.
I t may be noted t h a t the laws of certain countries make a
distinction between these two kinds of emigrants, and thus it
becomes necessary to subdivide emigrants into citizens or nationals
on the one hand and aliens on the other.
The corresponding term "immigrant" and its derivatives are
used to denote the same person when considered from the point
of view of the country t o which he goes. As far as possible the
use of this term is confined in this book to aliens, although it
should be pointed out t h a t the statistics of certain countries refer
to emigrants who return to their native country as "national
immigrants"; it is thought, however, t h a t a better expression
for such persons is "returning migrants" (see below).
W h a t term can be used for the emigrant-immigrant when
considered, not from the point of view of the country of emigration
8
DEFINITION OF AN EMIGRANT
or of immigration, b u t from the international point of view?
The only word possible in the circumstances is the word
"migrant". Undoubtedly this word has come t o be used in
everyday language for movements of people within the limits
of a particular country or state. On the other hand, the Oxford
Dictionary allows the use of the word migrant t o mean " a person
who migrates", t h a t is who "leaves one country to settle in
another". In this book, the word "migrant" and its derivatives
will be used with the same meaning as "emigrant" and
"immigrant", considered from an international point of view.
I t should be noted, however, t h a t the use of the expressions
"oversea settlement" and "oversea settlers" in certain cases t o
mean migration and migrants respectively within the British
Empire is, of course, respected.
A migrant, however, may pass through one or more countries
of transit between the time of leaving his country of origin and
the time of arrival in the country of immigration. Considered
from the point of view of these countries, he may be called either
a migrant in transit or a "trans-migrant". I t is true t h a t in
Great Britain the term transmigrant has a technical meaning
in virtue of the Aliens Order, 1920; b u t t h a t need not deter us
from using the word "trans-migrant" in this book t o denote any
migrant in transit.
Persons who have already migrated and are resident in a new
country are described as "nationals resident abroad" or "resident
aliens", according to circumstances.
Another difficulty confronts us when we come t o the migrant
who returns to his own country. I n some countries the word
"re-emigrant" is used; in others (more commonly) the t e r m
"repatriated person". I t is thought, however, t h a t the most
suitable English expression is "returning migrant". On the
other hand the substantive "repatriation", although it has in
recent years come t o have a rather narrow meaning which would
exclude the purely voluntary movement of returning migrants,
can nevertheless be quite legitimately used with this wider
meaning. The Oxford Dictionary, for instance, defines repatriation as "return or restoration t o one's own country", and
in this sense it is used in this book.
One or two other words may be referred to in this connection.
The expression "settler" (apart from its special use in t h e British
DEFINITIONS OF VARIOUS TERMS USED
9
Empire) or "land settler" is used to denote a person who takes
u p land with a view t o developing it on his own account, and
settlers may be not only immigrants b u t nationals, so t h a t it is
necessary to speak of alien settlers, national settlers, and in some
cases of colonial settlers.
"Refugees" are persons who have been forced to leave their
home for political or other reasons. This word is generally used
to denote persons who take refuge in a foreign country (Russian
refugees, for example), b u t it is sometimes used for persons who
have been driven by a catastrophe t o some other part of the same
country (Greek refugees). I n either case the word is used for
individuals who have not yet established themselves definitely
in the new country or place.
Finally, it m a y be noted t h a t migration is something quite
distinct from a simple journey undertaken for purposes of business
or pleasure. The terms "migrant", "emigrant", "immigrant",
and "trans-migrant" are used precisely in order to distinguish
from ordinary travellers those persons to whom the laws and
regulations relating t o migration apply.
The next point to be considered is the legal definition of an
emigrant, a far more difficult thing than the definition of terms.
T H E L E G A L D E F I N I T I O N S OF AN E M I G R A N T
Although the common aim of the various definitions given
to the term "emigrant" is to distinguish the emigrant from the
ordinary traveller, these definitions vary to a very considerable
extent. The reason for this is that, contrary to what might
reasonably be expected, it is not so much a question for
the different countries to establish a logical definition of thf
emigrant as to determine in a practical manner the classes of
person t o which the emigration laws and regulations, or certain
parts of them, should apply. According to the aims pursued
by the emigration legislation of each State, it becomes necessary
t o exclude or include various classes of persons in the definition.
Hence it is that, apart from essential conditions, such as leaving
one country to settle to another, the definitions are also based on
a number of secondary factors which differ according to the special
requirements of a given country.
10
DEFINITION OF AN EMIGRANT
As all definitions adopted aim at meeting practical requirements,
there may easily be several different varieties in each country.
The legislation governing emigration has to adapt itself to various
circumstances. For example, oversea emigration embodies
totally different conditions from overland emigration, and it is
only natural that the legislator, when considering transport
by sea, should include in his definition certain conditions which
do not hold in other cases. The same may be said concerning the
special regulations in connection with the recruiting of workers,
passports, etc. Nevertheless, the term "emigrant" is not
explicitly defined by each law and regulation which ought, in
fact, to definite it. Therefore, the definitions for each country
which are given below are far from exhausting the varieties of
definition which might arise. As, however, the substance of
each definition depends on the purpose aimed at, the source will
be indicated in each case as this explains to a large extent its
contents and meaning 1 .
Austria—for which we have included a definition of a practical
character reproduced from regulations governing the transport
of emigrants, as well as a statistical definition and a logical
definition, given in reply to the two Questionnaires addressed
to the Governments by the International Labour Office concerning
the definition of an emigrant—offers a striking example of the
possible variation in these definitions and of the factors which
may in a given case influence their composition.
The secondary factors which, in addition to the fundamental
fact leaving one country to settle in another most frequently
enter into the definition of the term "emigrant" are as follows :
(1) An intention to seek or obtain employment abroad (mandated territories of Syria and Lebanon, the British colonies
of Mauritius and the Straits Settlements, Czechoslovakia, China,
Finland, the French colony of Martinique, Greece [1925 definition],
Haiti, Hungary, India, Italy, Japan and Korea, Latvia, Mexico,
Poland, Rumania, Serb-Croat-Slovene Kingdom, Spain, Switzerland, and Uruguay). Sometimes the nature of the employment
is specified, manual labour or small scale commerce being
1
In exceptional cases the object of the law is given along with the date. In the rest of
the work references are given in abridged form and merely show the date and numerical
order where such exists. To obtain the full title of the texts used, reference should be
made to the list of legislative texts appended to each part of the volume.
DEFINITIONS OF VARIOUS TERMS USED
11
a condition in Italy, J a p a n , Poland, Rumania, and the
Serb-Croat-Slovene Kingdom.
(2) An intention to settle abroad permanently (Australia,
Estonia, France [1921 definition], Morocco, Sweden, and
Uruguay); for other countries the duration of settlement must
be fairly long, a t least one year (Austria, Canada, Czechoslovakia, Finland, Germany, Great Britain and Malta, Hungary,
Irish Free State, Latvia, Mexico, Rumania, Switzerland, and
t h e United States).
(3) Transport conditions.
I n certain countries (Belgium,
Czechoslovakia, Great Britain, Hongkong, France, Greece
[1920 Act], Haiti, Norway, Portugal, and Spain) only persons
who travel in a particular class on ships and railways or whose
fare does not exceed a certain maximum are considered as
emigrants, while in others (Belgium [1924 regulations], Denmark,
India, and Hongkong) the journey must be accomplished by sea.
(4) The country to which the emigrants go. Certain countries
consider as emigrants only those going to distant lands, especially
those who must accomplish a sea voyage or a voyage requiring
a certain amount of timé (Belgium, Denmark, Finland [1921],
Greece, Great Britain, Hongkong, Irish Free State, Rumania,
Serb-Croat-Slovene Kingdom, Sweden, and Switzerland).
(5) Conditions regarding nationality and domicile. I n a
number of countries (Austria, France and Martinique, Haiti,
Italy, Luxemburg, Portugal, Poland, Rumania, Serb-CroatSlovene Kingdom, Spain, Sweden, and Uruguay) only citizens
leaving their native country are considered as emigrants. Sometimes a certain period of residence is necessary for this
purpose (the Irish Free State and Malta).
(6) The existence of a special emigration, transport or labour
contract is required in certain countries (Denmark, Haiti, Latvia,
Mexico, and Switzerland).
(7) Members of the family of the emigrant, i.e. of a person
fulfilling the general conditions, are often considered as emigrants,
whether they actually accompany the emigrant or merely go t o
join him abroad (mandated territories of Syria and Lebanon,
Austria, Czechoslovakia, French colony of Martinique, Finland,
Italy, J a p a n and Korea, Poland, Rumania, Serb-CroatSlovene Kingdom, and Spain). I n other countries, however,
the term "emigrant" does not extend t o the members of an
12
DEFINITION OF AN EMIGRANT
emigrant's family who leave to join him abroad (Mauritius and
India).
(8) Conditions respecting sex and age sometimes cause certain
classes of persons t o be included as emigrants (Portugal) or, on
the other hand, to be excluded from the scope of the definition
(China).
(9) Finally, certain exceptions are sometimes made regarding
the application of the definition : when the interpretation adopted
is rather elastic, it frequently happens t h a t legislative texts
mention special classes of persons who may not be considered as
emigrants (Czechoslovakia, Malta, Mauritius, India, and Rumania)
or who may have the right to choose whether they shall be
considered as emigrants or granted exemption from the emigration
laws (Spain).
I t would be a simple matter to give various shades of meaning
used in connection with these conditions but the reader will
be able to grasp these by comparing the various definitions given
below. I t would also be worth his while to compare the definitions given later in this chapter with those contained in
Chapter I I of Volume I I , for it should not be forgotten t h a t
the definitions of an emigrant and those of an immigrant refer,
in reality, to one and the same person, the migrant.
On comparing these definitions it will be easily understood
that such a diversity, accompanied as it often is by important
divergencies, has great inconveniences, and t h a t a growing need
is felt for efforts likely to lead to uniformity of definition.
I n Volume I I I , Chapter I I , § 2, a description is given of t h e
attempts already made in this connection.
FRENCH MANDATED TERRITORY : Syria and Lebanon 1.—
According to Order 2975 of 4 December 1924 regulating emigration, an
emigrant is defined as "any inhabitant of Syria and Lebanon who leaves his
country for the purpose of seeking work, or who accompanies, or goes to
join, husband or wife, relatives in the ascending or descending line, brothers
or sisters, uncles or aunts, nephews or nieces, or their husbands or wives who
have already emigrated for the same purpose, and any such inhabitant of
Syria and Lebanon who returns in the same circumstances to a country
to which he has previously emigrated".
AUSTRALIA.—The Australian Government, in its reply to the
Questionnaire of 1921 2, defines an emigrant as "any person leaving Australia
1
The order of classification adopted is explained in the Preface.
For the sake of brevity, the Questionnaire despatched to the Governments by the
International Labour Office, in connection with the International Emigration Commission
2
DEFINITIONS OF VARIOUS TERMS USED
13
permanently", and in its reply to the Questionnaire of 1925 as "any person
proceeding to a foreign country with a view to settling permanently therein".
AUSTRIA.—The Regulations of 27 June 1921 on transport companies,
known under the name of Regulativ, state that for the purpose of the
provisions contained therein, the term "emigrant" shall be taken to mean
passengers travelling steerage, third class, or any class considered as
equivalent in the opinion of the Austrian authorities, on vessels other than
those engaged in local or coastal traffic (section 1).
At the same time, the Austrian Government does not consider this
criterion as an actual definition, for in its reply to the 1921 and 1925
Questionnaires it stated that, in the absence of legal definition, it considered
that ' ' an emigrant should be considered as any person who leaves his country
to settle permanently in another country, or who, with or without this
object, goes with the intention of looking for work, as also the members
of his family who accompany or follow him".
On the other hand, Austrian statistics consider as emigrants any person
who leaves Austria to establish himself abroad or to seek work, even
when the intention of remaining abroad for a long period is not expressed.
(Communication of the Austrian Chancellerv to the International Labour
Office, 6 May 1924.)
BELGIUM.—The Act of 14 December 1876 defines a n emigrant as a
passenger who pays a sum of less than 50 francs per week for his passage.
These Act does "not apply to persons who take their meals at the
captain's or officers' table on board. I n case of doubt, the Maritime
Commissioner has to decide the point.
The Royal Order of 25 February 1924 respecting the transport of
emigrants by sea defines an emigrant (section 13), as " a person who leaves
his country in order to settle in an oversea country, provided he does not
travel first class. Nevertheless, only steerage passengers embarked at
rates lower t h a n cabin rates shall be considered as emigrants for the purposes
of the provisions of the present Order relating to equipment of emigrant
ships".
CANADA.—The Canadian Government, in its reply to the Questionnaire
of 1921, stated : "An emigrant from Canada is one who leaves that Dominion
with the intention of remaining permanently outside the same".
CHINA.—The Act of 21 April 1918 and subsequent Regulations apply
to "emigrant workers", and an emigrant worker is defined as any Chinese
citizen aged from 20 to 40 years who goes abroad to seek work.
CZECHOSLOVAKIA.—The Emigration Act of 15 February 1922
gives the following definition : "for the purposes of this Act an emigrant
shall mean any person who repairs from the territory of the Czechoslovak
Republic to another country, either in order to earn his living there or
with intent not to return, and likewise any member of his family who
accompanies or follows him. Emigration as such shall not entail the
loss of nationality. Steerage passengers or passengers on board ship
travelling in a class equivalent to steerage shall be deemed t o be emigrants,
unless it is evident from the circumstances t h a t they are repairing to a
foreign country for some other purpose than that mentioned above." The
and lor the preparation ot the first edition ol the present work, is referred to as the "Questionnaire ol 1921", and that issued in connection with the preparation ot the Draft Convention concerning the simplification of the inspection ol emigrants on board, ship (question 2
of which deals with the term "emigrant" ana "emigrant ship") as the "Questionnaire of
1925".
14
DEFINITION OF AN EMIGRANT
Administrative Regulations No. 170 of the Emigration Act (8 J u n e 1922)
confer greater exactitude on the definition given to the term "emigrant"
by insisting on the intention of going abroad to earn a living with the
intention of never returning, and by excluding from the term "emigrant"
all persons going abroad for the purpose of study, pleasure, or business,
or on a theatrical tour, or in connection with public or private affairs, such
as press correspondents, commercial travellers, etc., or on an order from
their employer, even when the journey is undertaken with a view t o
profit.
For statistical purposes an emigrant is defined as " a person who goes
abroad to attempt to earn his living or to settle there permanently".
DENMARK.—The Act of 1 May 1868 on the transport of emigrants
and the laws which complete it do not contain any definition of the term
"emigrant". An emigrant, in the official Danish statistics of emigration,
is, according to the reply of the Danish Government to the Questionnaire
of 1921, a person "who, through an emigration agent authorised by the
State, makes a contract in Denmark providing for his journey to an oversea
country, i.e. a country outside Europe. As a rule, all such persons, and
consequently also pleasure trippers and commercial travellers, are in the
Danish statistics to be p u t down as emigrants".
ESTONIA.—In the absence of any legal definition, it may be mentioned
that, for the purpose of Estonian emigration statistics, emigrants are
defined as "persons who demand a passport to go abroad and settle there
permanentlv". (Communication of the Central Statistical Office of Estonia,
29 May 1926.)
FINLAND.—In the absence of a legal definition, the Finnish Government
stated in its reply to the Questionnaire of 1921, that " i n the statistics,
emigrants are defined as all persons, with their families, who have left for
some country out of Europe in order to earn a living or to improve their
circumstances' '.
In reply to the Questionnaire of 1925, the Government defined an emigrant
as a person going abroad in order to seek employment of lengthy duration.
FRANCE.—A Decree of 9 March 1861 considers as an emigrant every
passenger who pays for his passage on a sailing ship or steamer, including
food, a weekly sum of less than 40 francs. This does not apply to passengers
who take their meals a t the captain's or officers' table. The Emigration
Commissioner has to decide in case of doubt.
The reply of the French Government to the Questionnaire of 1921 appeared
to show t h a t this definition had dropped out of use, for it stated : "There
is no legal definition of emigration to be found in French regulations. I t
may be said t h a t emigration is the act of leaving one's native country
without intending to return, and with a view to settling abroad."
I n reply to the 1925 Questionnaire, the French Government alluded t o
the definition of 1861, adding : " I n practice, all third-class passengers are,
a t the present day, considered as emigrants. Such a criterion is useful
for the practical application of the regulations, but obviously does not
constitute a definition. For the purpose of a general definition of the
term "emigrant" the Government would support the formula adopted by
the International Conference at Rome in 1924."
According to a communication from the Direction de la Sûreté générale
of the Ministry of the Interior to the International Labour Office (8 May 1926),
"all persons who settle abroad for a long period, including those who leave
without meaning to return" are considered as emigrants for purposes of
statistics.
Morocco.—The
statistics of this country
consider
as
emigrants,
DEFINITIONS OF VARIOUS TERMS USED
15
"travellers who leave Morocco without the intention of returning". (Communication of the Residency General of the French Republic in Morocco,
28 March 1925.)
Colonies : Martinique. — According to the Decree of 15 March 1927.
on emigration, a n emigrant is defined as " a person who leaves his country
for the purpose of seeking work, or who accompanies or goes to rejoin
husband or wife, relatives in the ascending or descending line, brothers
or sisters, uncles or aunts, nephews or nieces, or their husbands or wives
who have already emigrated for the same purpose, and any person who
returns in the same circumstances to a country to which he has previously
emigrated". The Emigration Commissioner has to decide in case of
doubt.
GERMANY.—The reply oi the German Government to the 1921
Questionnaire states that although the Emigration Act of 9 June 1897,
which is still in force, contains no definition of an emigrant, it was the
intention of the framers to understand by the term "emigration", leaving
the territory of the State with a view to settling elsewhere for a lengthy
period, that is to say, if not for life, at least for a long and indefinite period.
The reply added that a new Bill,then in preparation,also included temporary
emigration, and defined temporary emigrants as persons who leave their
country to settle temporarily abroad. This Bill has been dropped, and
the various Orders which have subsequently amended and completed
emigration legislation have, up to the present, given no legal definition of
the term emigrant.
GREAT BRITAIN.—From the Regulations dated 31 January 1912,
made by the Board of Trade under section 76 of the Merchant Shipping
Act of 1906 as to passenger returns, it follows that an emigrant is considered
to be any passenger who leaves the country after having resided there for
a t least one year, with the intention of settling permanently out of Europe,
and not within the Mediterranean Sea.
The Merchant Shipping Act contains the following definition of a steerage
passenger, who may be considered as almost the same as an emigrant :
"The expression 'steerage passenger' means all persons except cabin
passengers, and persons shall not be deemed cabin passengers unless :
(a) the space allotted to their exclusive use is in the proportion of at
least 36 clear superficial feet to each statute a d u l t 1 ; and,
(b) the fare contracted to be paid by them amounts to at least a sum of
£25 for the entire voyage, and is in the proportion of at least 65s.
for every 1,000 miles of the length of the voyage; and
(c) they have been furnished with a duly signed contract ticket in the
form prescribed by the Board of Trade for cabin passengers."
Further, the Conference of Premiers and Representatives of the United
Kingdom, the Dominions, and India, which met in London in 1921, decided
t h a t in future the terms "emigration" and "immigration", "emigrants",
and "immigrants" should only be employed for movements to and from
countries outside the Empire, whilst for journeys within the Empire, terms
such as "oversea settlement" and "oversea settlers" should be used.
Replying to the 1925 Questionnaire, the British Government suggested
t h a t the Convention should apply to steerage passengers, and reiterated
the definition given above, which continues to be used in British legislation.
Colonies : Fiji.—According
to the Emigration Ordinance of 1892
(section 2), " t o emigrate means to depart from the colony".
1
"Statute adult" in the Merchant Shipping Act means a person of the age of twelve
years or upwards.
16
DEFINITION OF AN EMIGRANT
Hongkong.—According to the Asiatic Emigration Ordinance of 1915
(sections 2 and 5), the word "emigrant" means any person, being a native
of Asia, who is carried or who is about to be carried as a passenger in any
emigrant ship.
Natives are not considered as "emigrants" if they travel on the same
terms as non-Asiatic passengers in the first- or second-class of any mail
ship, or in any other ship approved by the Government as a first-class ship.
"Emigrant ship" includes every "Hongkong emigrant ship", i.e. any
ship carrying from any port in the colony of Honkong more than twenty
passengers being natives of Asia, and every "out port emigrant ship",
i.e. any British ship carrying from any port in China or within 100 miles of
the coast thereof, other than a port in the colony of Hongkong, more than
20 passengers being natives of Asia.
Malta.—The report of the Emigration Office for the year 1921-1922
states t h a t since 11 November 1918, the term "emigrant" has been taken
for statistical purposes to mean any British subject born in Malta, to whom
a passport has been delivered, with the exception of tourists, and persons
leaving the country temporarily or for business reasons. Inversely, a
native of Malta who fulfils the above-mentioned conditions and who returns
to the islands, is considered as a returning emigrant or immigrant.
Mauritius.—In the Emigration Ordinance of 1925 (section 2) "emigrant"
is taken to mean any person who, being a native of the colony, or resident
in the colony for the time being, emigrates or has emigrated, and includes
any dependant of an emigrant, but does not include :
(a) any person emigrating to a country in which he has resided for not
less than five years, or the wife or children of such person; or
(b) the wife or children of any person who has emigrated, when such
wife or children depart for the purpose of joining such person.
"Emigrate" and "emigration" mean the departure out of the colony of :
(a) any person who departs under an agreement to work for hire in any
country beyond the limits of the colony;
(b) any person who is assisted to depart otherwise than by a relative, if
he departs with the intention of working for hire in any country
beyond the limits of the colony.
Straits Settlements.—As given in section 12 of the Labour Ordinance,
1926, concerning the emigration of Asiatics, "emigration", with its cognate
expressions, means departure from the colony under a contract or agreement
to labour in some country or place beyond the limits of the colony and of
the Federated Malay States, and includes such departure of any person
who has entered the colony, whether at the time of such entry he had or
had not any intention of residing in the colony.
GREECE.—According to the Emigration Law No. 2475 of 24 July 1920,
"emigrant" (¡isTavaatitç) is defined as any person travelling from a Greek
port, either directly or by way of a foreign port, to any country outside the
continent of Europe other than Asia Minor and the north coast of Africa,
as far as the Straits of Gibraltar, in the third class, or in any other class of
accommodation declared by the Emigration Service, on the recommendation
of the commission mentioned in section 39, to be equivalent thereto.
Travelling to foreign countries in general shall be termed "expatriation"
(<t!toSX¡ua).
The reply of the Greek Government to the 1925 Questionnaire, which
contained a certain number of new elements, stated t h a t to secure a
definition of the expression emigrant, the Government considered that the
following points were an essential part in the definition of the term emigrant :
"An emigrant should be considered to be any person leaving his
own country with a view to establishing himself in a foreign country
DEFINITIONS OF VARIOUS TERMS USED
IT
and earning his living there for a minimum period to be laid down.
Such person should always be furnished with a special certificate, in
a form to be prescribed, showing t h a t he is an emigrant."
HAITI.—The definition given by the Emigration Act of 28 February
1924, amended by the Act of 16 April 1924, is as follows :
"The word 'emigrant' for the purposes of this Act shall mean any
Haitian national who leaves the country under a contract or an agreement
concluded with an individual, company, or undertaking established
abroad, or with the representative of such individual, company, or
undertaking, for the purposes of working in a foreign country. A
Haitian national shall also be deemed to be an emigrant if, for the
purposes of working in a foreign country, he travels a t his own expense
or otherwise as a deck passenger on any vessel, whether he has an
emigration licence or not."
HUNGARY.—The Emigration Act of 1909 (section 1) defines an emigrant as a person who goes abroad with a view to finding permanent
employment there. The provisions of the Act do not apply, as a general
rule, to persons who go to a European country to do definite work for
a period of less than one year. The Minister of the Interior can, however,
according to need, extend the provisions of the Act by regulations to cover
such persons.
INDIA.—The Emigration Act of 1922 states t h a t an emigrant means
any person who emigrates, who has emigrated, or who has been registered
as an emigrant under this Act, and includes any dependant 1 of an emigrant,
but does not include :
(a) any person emigrating to a country in which he has resided for not
less than five years, or the wife or child of any such person, or
(b) the wife or child of any person who has lawfully emigrated when
such wife or child departs for the purpose of joining such person.
The terms "emigrate" and "emigration" mean the departure by sea out
of British India of :
(a) any person who departs under an agreement to work for hire in any
country beyond the limits of India, and
(b) any person who is assisted to depart, otherwise t h a n by a relative,
if he departs for the purpose or with the intention of working for
hire or engaging in agriculture in any country beyond the limits
of India.
On the other hand this Act does not apply to " a n y person who is neither
of Indian parentage nor a subject of a State in India, nor any person enrolled
under the Indian Army Act, 1911".
Persons who desire to leave British India and who do not come under
this definition, and are consequently not affected by the Emigration Act
and its provisions, must prove this fact in writing or orally before the
magistrate entrusted with the examination of emigrants ; after due enquiry
this magistrate will grant them a certificate testifying that they are not
emigrants. This certificate must be used within six months. (Regulations
of 10 March 1923, section 27.)
I R I S H F R E E STATE.—For the purpose of Irish statistics, emigrants
are defined as all Irish subjects and foreigners who have resided for a t least
one year in the Irish Free State, and who embark for a country out of
1
A dependant means any woman or child who is related to an emigrant, or any aged
or incapacitated relative of an emigrant.
3
18
DEFINITION OF AN EMIGRANT
Europe and not within the Mediterranean Sea with the intention of settling
there for at least one year. The reply of the Irish Government to the
Questionnaire of 1925 concerning the inspection of emigrants proposed to
define an emigrant as " a person who intends to reside for a year or more
in the country to which he is proceeding".
As the British Merchant Shipping Act has remained in force in the Irish
Free State reference should also be made to the definition of "steerage
passenger" given, according to this Act, under the heading Great Britain 1 .
ITALY.—The Act of 13 November 1919 (section 10) states : "Except
as specially provided to the contrary, any citizen shall be deemed to be an
emigrant for the purposes of the laws and regulations respecting emigration,
if he or she leaves the country exclusively for the purposes of manual work
or in order to carry on business in a small way, or goes to rejoin wife or
husband, relatives in the ascending or descending line, brother or sister,
aunt or uncle, nephew or niece, or connections by marriage of the same
degrees who have previously emigrated for purposes of work, or who is
returning t o a foreign destination whither he had formerly gone as an
emigrant under the conditions specified in this section".
Regarding emigration to countries overseas, section 17 of the above-mentioned Act states : " For the purposes of this chapter a citizen shall be deemed
to be an emigrant if any of the conditions named in section 10 apply to him,
or if he is travelling in the third class or in any class which the General
Emigration Department has declared to be equivalent to the third, provided
that he is going to a destination beyond the Suez Canal (exclusive of Italian
colonies and protectorates) or the Straits of Gibraltar (exclusive of places
on the coast of Europe). The regulations shall further determine in what
cases a person travelling in a class above the third shall be deemed to be
an emigrant unless the contrary is proved. An emigrant of other than
Italian nationality who embarks at any port within the Kingdom shall be
treated in all respects as if he were Italian, except that he shall not be entitled
to benefit by the activities of the emigrants' protection offices in other
countries provided for in section 8. Persons of Italian nationality who of
their own choice and at their own expense travel third class, or in a class
corresponding to the third, on Italian or foreign steamships, and who are
going beyond the Suez Canal, shall be deemed to be emigrants in cases
where there a r e m o r e t h a n fifty s u c h persons
of Italian
nationality;
notwithstanding, the Department shall be empowered to authorise exemptions from this provision in respect of the conveyance of such persons."
There have been frequent controversies in Italy concerning the interpretation to be given to the definition of the term "emigrant", and legal
practice has occasionally been contradictory in its settlement of the disputes
arising in this connection. The interpretation given by the Circular of the
Emigration Department of 23 November 1926 may be mentioned. This
circular reminds officials of emigration services t h a t they are to consider
as emigrants or presumed emigrants, for the purposes of the Emigration
Act and regulations, "all persons who, going abroad in order to work there
or for a personal motive, are not included in the following categories :
teachers, manufacturers, merchants, persons with private means, or persons
who have a well-paid fixed employment". The Circular adds t h a t all
persons who cannot be included in the above-mentioned categories must
1
A communication oí the Irish Government, dated March 1927, states that "as a general
rule the emigration laws existing in Ireland prior to the constitution of the Free State are
still operative. No new regulations have so far been promulgated in this connection".
Consequently the various provisions of British laws in force in Ireland previous to the
constitution of the Free State (6 Dec. 1922) and notably the provisions of the MerchantShipping Act, which are surveyed in this work in the paragraphs devoted to Great Britain,
are to be considered applicable in the Irish Free State at present.
DEFINITIONS OF VARIOUS TERMS USED
19
be in possession of an emigrant's passport, irrespective of the class in which
they are travelling or supposed to travel, even when they are invited by
relatives who are stated in the invitation to be proprietors, merchants, etc.
A simple declaration of the emigrant is not sufficient to establish his social
condition, and only actual proofs are accepted by officials entrusted with
the delivery of passports.
JAPAN.—The Japanese Act for the protection of emigrants (1896-1907)
considers as emigrants all persons who leave Japan for the purpose of labour,
in foreign countries other than China and Korea, and such members of
their families who accompany them or emigrate to join them.
The Act added that the nature of the work was to be specified by a special
Ordinance. This Ordinance (No. 70 of 8 June 1907), subsequently amended
by the Departmental Ordinance No. 4 of 1909, states t h a t the work justifying
departure must be in connection with agriculture, fisheries (except the
fisheries on the coast of the Russian Maritime Province and the Island of
Sakhalin), mining, industry, transportation, building trades, laundry work,
and the trades of cook, tailor, hairdresser, sick attendant, or domestic
servant.
The definition given in reply to the Questionnaire of 1925 concerning
the inspection of emigrants adds to the definition of emigrant an element
of time : "for the purpose of labour in foreign countries with the intention
of settling there.''''
Korea.—In the Act of 13 July 1906, as amended by the Order No. 82 of
1908, concerning the protection of Korean emigrants, an emigrant is defined
as a person who goes abroad with the intention of engaging in manual work,
or a member of such person's family who accompanies him or joins him later.
LATVIA.—Latvian legislation contains no legal definition of the term
emigrant, but, in its reply to the 1925 Questionnaire, the Latvian Government
stated : " T h e term 'emigrant' should be considered as covering passengers
who bind themselves by the terms of their agreement with a company, or
with the management of a company, of shipowners, to proceed to a foreign
country with the object of attempting to earn their own living for a
considerable period by working, or of becoming citizens."
LUXEMBURG.—The reply to the 1921 Questionnaire states : "An emigrant is a national who leaves the Grand Duchy to settle in a foreign country. ' '
MEXICO.—The Emigration Act of 12 March 1926 defines an emigrant
as " a person of any nationality, profession, or occupation who leaves
Mexican territory for more than six months, provided that, in the case of
a foreigner, he has resided there for an equal period without interruption.
Mexican workers who on account of work leave Mexico periodically, even
for a shorter period than six months, shall also be considered as emigrants".
POLAND 1.-—In reply to the 1921 Questionnaire, the Polish Government
declared t h a t : "On the basis of existing practice an emigrant is a person
who goes abroad with the intention of earning his living by means of
physical work, and also all members of his family who accompany him."
The reply of the Polish Government to the 1925 Questionnaire was the suggestion t h a t the international definition of "emigrant" should be as follows :
"The term 'emigrant' should be regarded as covering any subject
1
At the moment oí going to press we learn of the promulgation in Poland oí an important
Act, dated 11 Oct. 1927, which codifies and completes certain details oí the emigration
legislation at present in force in that country. A summary of the Act is given in
Supplement I of the present volume.
20
DEFINITION" OF AN EMIGRANT
of a given country who leaves the country to seek work, take up a
position or settle abroad, and also any person who proceeds abroad
to join his or her husband or wife, parents, or relatives who have
emigrated previously. The definition should also cover any person who
accompanies or follows the emigrant or is a member of his family."
According to a communication dated 5 October 1925 from the Polish
Emigration Office to the International Labour Office, the term
"re-emigration" is, as a rule, accepted in Poland as a synonym of the term
"repatriation" ; consequently re-emigration means the return of emigrants
from immigration countries to their native country. Further, during the
first few years after the war Polish statistics included, as returning migrants,
inhabitants of the Polish Republic returning after the signature of peace
to their native land, which they had had to leave during hostilities, and also
persons of Polish origin domiciled before the war in Germany, Russia, or
Austria, outside the boundaries of Poland and who, after the restoration of
Poland, returned to settle in their native land.
P O R T U G A L . — T h e Decree of 10 May 1919 relating to emigration
considers as emigrants :
(1) All nationals who embark for foreign countries with a third class
ticket.
(2) Nationals who embark in the first or second class, or a n intermediate
class, and who belong to one of the following categories : (a) those
who intend to settle permanently in a foreign country; (h) married
women not accompanied Dy their husbands unless they can prove
a legal separation; (c) minors not accompanied by their parents or
guardians; (d) persons less than forty-five years of age and liable
to military service.
(3) Nationals who leave the country by an overland route to embark in
the third class, with a view to avoiding the provisions of the
Decree, and those included under section 2 who, with the same
object in view, embark at a foreign port.
The regulations framed to carry out this Decree include widows as well
as married women.
At the same time the Decree No. 9672 of 13 May 1924 facilitates formalities
in connection with the departure, and dispenses with certain documents
generally required from emigrants in the case of a married woman going
to a European country and who is able to prove t h a t she is authorised to
do so by her husband, or t h a t she is going to rejoin him.
RUMANIA.—According to the Migration Act No. 1206 of 11 April 1925
the term "emigrant" means (1) any Rumanian citizen who leaves the
country in order to settle, either permanently or temporarily, in another
continent, with the intention of earning his living by manual labour or by
carrying on a more or less permanent occupation, and also the members
of his family who are leaving with him or (2) a person who, being a manual
worker, leaves Rumania for another European country in order to find
employment. The usual exceptions are made regarding diplomats, tourists,
students, artists, priests, lecturers, teachers, commercial travellers, etc.,
provided that the profession of such persons is substantiated by the necessary papers (see Administrative Regulations under the Act, 22 June 1925,
section 3, subsections (a) to (/) inclusive).
The Administrative Regulations enumerate as follows persons to be
included under the term "family" : the wife and children under age who
accompany an emigrant or who are subsequently sent for by him, and also
the parents (father and mother) and grandchildren under age, when it can
be proved that they are dependent on the emigrant. (Section 1 of Regulations
No. 2078, 22 June 1925).
DEFINITIONS OF VARIOUS TERMS USED
21
S E R B - C R O A T - S L O V E N E KINGDOM .—The Emigration Act of
30 December 1921 gives the following definition : " A n emigrant for the
purposes of this Act shall mean any national of the Serb-Croat-Slovene
Kingdom who emigrates to an oversea country in search of manual work,
or who goes to join parents who have emigrated previously under the
same conditions."
The Regulations for the administration of this Act (30 July 1923) insist
on the three essential conditions which go to constitute a definition of an
emigrant, namely Serb-Croat-Slovene nationality, an oversea destination,
and the fact of going to earn one's living by manual work. These regulations
explain t h a t by oversea countries are meant those countries situated beyond
the Suez Canal and the Straits of Gibraltar, that is to say, the principal
immigration countries for Serbs, Croats and Slovenes, e.g. America, Australia,
New Zealand, and South Africa. At the same time other countries situated
overseas, like Egypt and Turkey, are also to be included. By manual
labour is to be understood all work accomplished mainly by the hands,
by order of a superior, as for example the work of an industrial worker or
of a commercial employee; an agricultural worker, even though he is
working on his own account, is also to be considered as a manual worker.
Further the term manual workers is to apply for purposes of re-emigration
to all Serb-Croat-Slovene craftsmen and commercial employees returning
from oversea countries, who have previously emigrated as manual workers
and who have changed their occupation during their stay abroad.
SPAIN.—According to the consolidated text of the Emigration Act
of 20 December 1924, section 2, "Spaniards or their families who leave
the national territory in order to settle abroad temporarily or permanently
for purposes of employment shall be deemed to be emigrants within the
meaning of this Act".
"Spaniards or their families travelling to oversea countries shall always
be deemed to be emigrants if they travel third class or in another class
equivalent thereto. Nevertheless the emigration inspectors, on their own
initiative or at the request of the persons concerned, may exempt such
persons from classification as emigrants even although they fulfil the
conditions laid down by the Regulations". Further, the Regulations for
the administration of the Emigration Act of 20 December 1924 authorised
the following persons to be considered as non-emigrants, although they
fulfil the conditions laid down for the legal definition of an emigrant :
Theatrical and public entertainment artistes who have a contract in
the country to which they are going; commercial travellers; servants
travelling with their employers; emigrants already established in an
immigration country who return to Spain temporarily for personal
affairs or who are returning to countries where they are established;
emigrants domiciled in Spain who have already been at least twice to
the country to which they are going.
I n order not to be considered as emigrants, persons coming under one or
other of these headings must make a request on ordinary paper to the
emigration inspector of the port of disembarkation attaching the following
documents to their request : for music hall artistes, the contract concluded
with the establishment engaging them ; for commercial travellers, an identity
certificate issued by the Minister of the Interior; for domestic servants,
a legal certificate showing their period of engagement; for immigrants
already settled, a certificate of nationality from the Spanish consulate in
the immigration country, or their passport; for immigrants who have to
prove previous voyages, the contract tickets or the "Identity Card"
previously used by them.
SWEDEN.—Swedish legislation contains no legal definition of the
term "emigrant", but in its reply to the 1925 Questionnaire, the Swedish
22
DEFINITION OF AN EMIGRANT
Government drew attention to " t h e fact that the Recommendation adopted
in 1922 concerning statistics of emigration and immigration recommended
the conclusion of agreements between the various States with a view to
the adoption of a uniform definition of this term, but t h a t Sweden urged
t h a t it would be better for the time being not to take any definite step in
this matter. While not wishing definitely to tie their hands by adopting
any particular interpretation of the term in question, the Government
feels justified in pointing out that in the Swedish language the expression
"emigrant" is understood as meaning any person who leaves his country
and proceeds to another part of the. world with the previously formed
intention of settling there."
SWITZERLAND.—According to the reply of the Federal Government
to the 1921 Questionnaire, "the statistics of the Federal Emigration Office
include as emigrants, as a general rule (in accordance with a circular letter
sent by the Office to all emigration agencies and ticket agencies on 20 October
1916), all persons, either of Swiss nationality or foreigners, whom the
emigration agencies or ticket agencies send, or assist in sending, to a nonEuropean country, and who go there with the intention of remaining there
an indefinite length of time (more than one year), of settling, earning their
living, occupying a position, or engaging in business there, or who are
returning to one of these countries (re-emigrant) after having stayed in
Switzerland and deposited their papers in a commune with a view to
residence."
The Federal Government adds : "This use of the word 'emigrant' is to
be explained by the fact that emigration to European countries lost all
importance in the nineteenth century in comparison with the emigration
to oversea countries. I t has been definitely adopted in our legislation."
U N I T E D S T A T E S O F AMERICA.—In the reply of the United States
Government to the Questionnaire of 1921, it is stated that, from the point
of view of statistics, departing aliens, whose permanent residence has been
in the United States and who intend to reside permanently (more than a
year) abroad, are classed as emigrant aliens. There is no definition relating
to the emigration of nationals.
URUGUAY.—In its reply to the Questionnaire of 1921, the Government
of Uruguay states : "The principal factor which has in our view to be taken
into consideration in deciding upon the exact definition of the terms
'emigrant' and 'immigrant' is the intention to remain in the country (in the
case of an alien immigrant) or abroad (in the case of a national who emigrates). Seasonal emigration is an exception to this principle, and such
emigrants are, from the workers' point of view, to be distinguished from all
other classes of the floating population (tourists, travellers, etc.) by the
intention to work."
§ 2.—Emigration
Statistics
General Remarks.—Statistics
which aim at estimating the
volume of migration movements must take into account two
movements in opposite directions across the frontiers of the
various countries.
I n these States which are known as emigration countries the
main current is composed of persons proceeding abroad. Nevertheless the number of entries may be considerable as, in
EMIGRATION
STATISTICS
23
addition to foreigners who take u p residence in the country
from time to time, returning emigrants often run into high
figures. Similarly, in the immigration countries the number of
departures for abroad, composed it is true for the greater
p a r t of departing immigrants, is generally worthy of statistical
notice. Therefore, countries where emigration legislation is, so
to speak, non-existent, as is the case, for example, in the
Republic of Argentina, Australia, and the United States, find it
necessary to compile emigration statistics. To be more accurate,
it would even be advisable to divide emigration statistics into
the following three, but rarely respected, classes : emigration in
its true sense composed of nationals (citizens of the country)
proceeding abroad, emigration of foreigners proceeding to any
country other t h a n their own, and emigration of foreigners
returning to their native country, a movement which would be best
defined as "repatriation". I n practice, however, the two latter
phenomena are frequently confused in statistics.
I n every country the registration of migration movements
is entrusted to a special department which employs its own
particular methods. Without going into details concerning
the various systems adopted in the different States an effort is
made here to give a brief description of the methods used, making
special reference to legislative texts where such exist. Fuller
information on the complex question of the compilation of
migration statistics is to be found in previous studies published
by the International Labour Office 1.
Departments in charge of Statistics.—In
many cases the
departments responsible for the registration and publication of
migration statistics are determined by national legislation.
I n certain countries these two operations are carried out by the
same department. Thus the Italian Act (consolidated text of
13 November 1919, section 4) empowers the Ministry of Foreign
Affairs " t o present annually to Parliament not later than April
in each year, a report on the emigration services, which shall
include a report from the General Emigration Department, both
as regards permanent and temporary emigration, illustrated by
1
Methods of Compiling Emigration and Immigration Statistics, Geneva, 1922; and Migration Movements 1920-1924, E x p l a n a t o r y Notes and Sources, p p . 89-105 (Studies and
Reports, Series O, No. 2), Geneva, 1925.
24
DEFINITION OF AN EMIGRANT
relevant statistical information collected by the Department".
I n other countries separate departments are responsible for the
collection and publication of statistics, while in some countries
several different services take part in this work.
The departments required by law to assume responsibility
for the collection of emigration and repatriation statistics in a
number of countries are those which deal with t h e supervision
and protection of emigrants or the supervision of immigration,
statistics of arrivals and departures being drawn u p b y the same
departments. This is the case in Brazil (Instructions of 30 J u n e
1925); in Italy (consolidated t e x t of 13 November 1919, section 4); in Peru (Presidential Decree of 29 J a n u a r y 1925); in
Poland (Ordinance of 20 October Ï924); in Spain (consolidated
t e x t of 20 December 1924, section 14); and in the United States
since 1893.
In the following countries these duties are carried out by the
department mentioned : Board of Trade in Great Britain (in
accordance with the Merchant Shipping Act, 1906, section 76)
and in Colombia (Information and Propaganda Section, in
accordance with Act No. 114 of 30 December 1922, section 2);
Ministry of the Interior in France (Third Bureau, Act of 18 J u l y
1860), in Hungary (Emigration Inspectorate, Act of 1909,
section 22), in Czechoslovakia (Act of 15 February 1922,
section 18), in Greece (Act of 24 July 1920, section 5), and in
Mexico (Act of 12 March 1926, sections 12, 16, and 19).
In other countries the collection of emigration statistics is
entrusted wholly or partially to the ordinary statistical departments : in Germany port statistics are drafted b y the
statistical offices of the State concerned (Landesämter)
and
centralised by the Federal Statistical Office (Federal Order of
9 October 1898); in Great Britain the statistics for which the
Board of Trade is responsible concern solely the oversea
emigration of British subjects, and the Home Office compiles
statistics for the departure of foreigners (Aliens Order, 1920);
in Hungary the Emigration Office collects statistical information
connected with the embarkation of emigrants, while the Central
Statistical Office is responsible for checking the number of
passports issued to emigrants and returning emigrants; in Poland
the Statistical Office co-operates with the Emigration Office,
while in Spain the Emigration Department draws up statistics
EMIGRATION STATISTICS
25
relating to emigration and the repatriation of emigrants as
defined by law, and the Geographical and Statistical Institute
keeps a check on ordinary passengers.
Continental emigration statistics are sometimes drawn u p by
the same department and according to the same methods as
oversea emigration statistics (Belgium, Czechoslovakia, Italy,
Mexico, Netherlands, Poland, Rumania, and the United States).
In other countries different departments are responsible for their
collection : in France statistics relating to the departure and
arrival of foreign workers are drawn up by the Ministry of Labour
and not by the Ministry of the Interior; in Germany the same
work is carried out b y the Central Office for Workers (Arbeiterzentrale) instead of by the statistical offices. The reason for this
is t h a t in these two countries a distinction is made between
statistics of emigration property so-called, mainly emigration
to America, and covering nationals as well as foreign migrants
in transit, and statistics dealing with the departure of immigrant
workers, which are the counterpart of the corresponding immigration statistics.
Generally speaking it m a y be pointed out t h a t in numerous
countries several different departments supply statistics which
are complementary t o one another, as for example, when they
cover different phases (continental and oversea emigration), b u t
which in other cases partially overlap, thus making it difficult
to use t h e m t o obtain reliable results.
Statistical Material : Persons Covered.—The aim of statistics
is t o allow information on migration movements t o be drawn
u p with the greatest possible accuracy and clearness. I t has
already been mentioned in the first section of this chapter t h a t ,
in order t o have a basis for the compilation of statistical data,
certain countries have adopted a definition of t h e t e r m emigrant
for statistical purposes; where such definition is wanting,
statistics are none t h e less obliged t o distinguish between those
who can legally be considered as emigrants and the mass of ordinary travellers. B u t as the complexity of a legal definition
often renders its complete application a m a t t e r of great difficulty,
statisticians, engaged as they are in a practical science, are often
reduced to choosing from the various elements of the legal
definition those which best correspond with actual facts, are
26
DEFINITION OF AN EMIGRANT
easily understood and of a representative character. Certain
characteristic features of emigration movements are thus considered, others being neglected according to whether it is the
volume of emigration or immigration which it is desired t o
estimate.
Among the elements most frequently considered are those
relating t o conditions of transport. For oversea emigration
travelling on an emigrant ship (France, Hongkong), or in a specified
class on board ship (third in Portugal, second and third in
Argentina and Brazil), or elsewhere t h a n cabin; for continental
emigration travelling by train with a single ticket (South Africa).
Other countries, especially in the case of continental emigration,
adopt as a criterion the social status of the traveller, or the fact
t h a t he is a worker or t h e bearer of a contract of employment.
Most frequently, however, statistics are based on the presumed
length of stay abroad, persons proceeding abroad for a t least one
year being considered as emigrants (Australia, Cuba, Czechoslovakia, Estonia, France, Great Britain, Hungary, New Zealand,
Rumania, Serb-Croat-Slovene Kingdom, South Africa, and the
United States).
After having fixed the class on board ship in which persons
must travel in order t o be considered as emigrants, t h e statistician
is obliged, if he desires t o obtain really instructive figures, t o
classify and divide the general mass of emigrants into typical
classes of general interest. Distinctive headings are therefore
made in accordance with the direction taken by the emigration
currents (oversea or continental), the nationality of the emigrants,
their origin, sex, age, occupation, etc.
All countries do not attach the same importance to these
various distinctions. Oversea emigration statistics were drawn
up at an earlier date and more systematically t h a n those
for continental emigration, and as the direction of the main
emigration stream varies in each country, so is attention specially
devoted t o the emigration of citizens of the country (in the emigration countries) or t o the emigration of aliens (immigration
countries).
I n practice, but few countries draw u p statistics for all migration currents crossing their frontiers, confining themselves in
many cases to estimating the more important streams, while
still more rare are the countries whose statistics make distinctions
EMIGRATION STATISTICH
27
in connection with the potential value of the emigrant in the
labour market (sex, age, etc.). The method adopted always
has an important influence on the value of the statistics obtained.
A cause of inaccuracy lies in indirect emigration, which is
calculated in a very irregular fashion. Indirect emigration is
the name given t o the movement of persons who, instead of
going direct from their country of origin t o the immigration
country, go t o a foreign country on the way. I t frequently
happens when there is no regular communication between the
countries of origin and destination. Consequently, persons
proceeding t o a foreign country in order to embark there may
he considered for statistical purposes as emigrating t o a country
through which they are merely passing in transit. Again, a
large number of individuals living outside their own country leave
for some other country. I n both cases such persons may or may
not be shown in the statistical tables of the country they are
leaving, according to the method adopted by the country in
question.
Finally, clandestine emigration entirely escapes official notice.
Statistical System.—The methods which may be adopted for
the collection of statistics are manifold. Sometimes they merely
consist of ordinary administrative measures. I n a number of
cases, however, the laws and regulations determine the system
t o be used by t h e departments entrusted with the collection
of emigration statistics.
These systems may be divided into four main classes, which
include information obtained : (1) from the registers of internal
administrative departments; (2) from frontier supervision;
(3) from the documents and books of shipping companies and
emigration agencies; (4) from the emigrants' personal papers.
Each of these systems may be used more or less advantageously
for the compilation of statistics, while they may be combined
to eliminate errors or t o mitigate their individual disadvantages.
Moreover, supplementary information may be obtained indirectly
b y means of the statistics compiled b y other countries.
(1) Statistical information obtainable from municipal registers
(police registers, church registers, etc.) in which changes of
residence are generally notified, merely shows the intention to
emigrate; it cannot be accepted as a positive proof t h a t emigration
28
DEFINITION OF AN EMIGRANT
has actually taken place, the more so as in many cases these
registers are b u t imperfectly kept. Used occasionally nowadays
in Belgium, the Netherlands, and Sweden, this system, run on
improved lines, m a y be extremely useful the day t h a t facilities
for international travel without passports are re-introduced.
(2) The administrative supervision at the frontiers provides
information which is obviously of greater value in checking the
number of departures. The Governments of a number of
countries have organised statistical services at the frontier
stations through which emigration is permitted. This is the
case notably in Italy and in the Serb-Croat-Slovene Kingdom,
where, according to the regulations under the Emigration Act,
railway and port inspectors are required t o draw u p monthly
returns including all emigrants and returning emigrants crossing
the frontier districts under their supervision. I n certain countries
this method is used more especially to estimate the volume of
continental emigration, on which the d a t a provided by shipping
companies, frequently used as a basis for oversea emigration,
give no information. This system is employed in France to
check the departure of foreign workers through certain specified
frontier stations, while in Austria and Hungary a similar system
of control is carried out in the trains. The system of official
frontier supervision may be combined with the system of examining emigrants' papers, and the collection of data is greatly
facilitated in many cases by emigrants having to show their
passports or give u p certain detachable sheets affixed thereto
which are collected by the emigration inspectors. Further
mention will be made of this system below.
(3) The documents and statements of shipping companies and
emigration agencies are often used as a source of information
in connection with oversea emigration; a distinction is to be
made between the information obtained from shipping contract
tickets and t h a t contained in the embarkation lists and
periodical reports issued by the shipping companies.
A certain number of countries require shipping companies and
emigration agents to keep the counterfoils of tickets sold to emigrants, these counterfoils serving as a proof of the number of
passengers booked. This system comes in for further mention in
Chapter V I I , § 3. Further, the companies are sometimes required
t o have all contract tickets issued to emigrants visaed by the
EMIGRATION STATISTICS
29
competent department, and in some cases to send a duplicate of
the ticket to such department for registration. I n other cases,
the shipping companies are often required by law to send in,
at the moment of embarkation, a list of the passengers travelling
in the different classes on board ship, or to return individual
embarkation cards for all emigrants carried. These lists and
cards, which are filled in according to details obtained from the
emigrants' papers or from questioning the emigrants, allow a
distinction to be made between the emigrant and the ordinary
traveller.
The oversea emigration statistics of Great Britain may be
taken as an example of statistics based on embarkation lists.
According to the Regulations of 31 J a n u a r y 1912, promulgated
by the Board of Trade in virtue of section 76 of the Merchant
Shipping Act of 1906, as to passenger returns, the master of
every British or foreign ship which carries any passenger from a
place in the United Kingdom and is bound for any place out of
Europe and not within the Mediterranean Sea, is obliged to
furnish a return in the form shown in a schedule to the Regulations. This return must be made in duplicate, one copy being
sent to the Emigration Officer nearest t o the port of departure,
the second copy going t o the Chief Officer of Customs. A second
return must be furnished in connection with passengers travelling
from a British port t o a port on the Continent of Europe or
within the Mediterranean Sea.
I n some countries, embarkation lists must contain very full
information (Spain). I n others, the shipping companies are
required t o provide, generally once a month, periodical returns
of all passengers embarked by them. A summary of the
legislative provisions relating t o these various systems is to be
found in Chapter V I I I , § 6 (communication of emigrant lists).
The archives of shipping companies provide excellent material
for the drawing up of oversea emigration statistics, as they
relate only t o emigrants actually embarked.
(4) The personal papers of emigrants contain much useful
information. The most important of these papers, from a
statistical point of view, are passports, exit visas, detachable
sheets, passage tickets and identity books or cards, with or
without detachable sheets.
The ordinary passport and t h a t issued specially t o emigrants
30
DEFINITION OF AN EMIGRANT
may be utilised on three different occasions. I n the first place,
the number of applications for passports may be checked (Italy,
Finland). This method is not perfect, as a certain number of
applications are refused, and this may lead to considerable
statistical errors. Or, again, the number of passports issued
may be counted (Czechoslovakia, Portugal), or exit visas, where
used, may be checked, b u t here again there is no proof t h a t they
have been used. The best system would appear to be to count
all emigrants leaving the country on the strength of an emigrant's
passport, a method which does away with the faultiness of the
first system. Nevertheless, if it is desired to avoid long periods
of waiting at frontier stations, the information collected by this
method is bound t o be less detailed, unless the system of passports
with detachable sheets is introduced. This method has the double
advantage of providing complete and accurate information
concerning the bearer of the passport, and of establishing a check
on the various movements of the migrant, as one sheet may be
detached when the emigrant leaves the country by land or by sea,
and another when he returns to his native country. This system
is in use in Czechoslovakia, Italy, Poland, and Rumania.
Somewhat similar is the system in use in Spain. The emigrant's ticket, itself detached from a counterfoil book, includes a
detachable portion, which contains a number of useful indications.
This portion is given up when the emigrant embarks.
Attention should also be drawn to the use which might be
made of the identity book or card. This document, adopted t o
control emigration by certain countries which have mutually
abolished passport regulations (Belgium and neighbouring States),
might be used as easily as the passport for the collection of emigration statistics, particularly if it contains detachable sheets.
This question is at present being studied.
Finally, there remain indirect methods of obtaining information.
I n a number of countries which do not possess seaports for
oversea emigration, national statistics of oversea emigration
are not always kept. Such countries may nevertheless obtain
from other Governments information concerning foreign ports
usually used by their nationals. Moreover, in cases in which
emigration statistics do not exist, the d a t a of immigration
countries may take their place. The information obtained is
fairly good when national emigration is directed almost entirely
EMIGRATION
STATISTICS
31
to a country like the United States, where statistics are compiled
with exactitude.
It should also be added that by comparing with one another
the statistics of the emigration countries and those issued by
the emigration and immigration countries, it is possible to verify
the figures issued by each country; this verification presents
but little difficulty when statistics are drawn up according to
similar methods. It will therefore be seen that the question
of emigration statistics is closely connected with that of immigration statistics, which are dealt with in Volume II, Chapter II,
of the present work.
32
THE RIGHT TO EMIGRATE AND RESTRICTIONS
CHAPTER III
THE RIGHT TO EMIGRATE AND RESTRICTIONS
ON THIS RIGHT
The right to emigrate, although recognised generally in principle
since the middle of the nineteenth century, has nevertheless been
challenged, especially of late years. On this point, as on others,
opinions are sharply divided, one school upholding the rights of
the individual and the other those of the State, while manifold
controversies have arisen and, continue to do so.
I n the opinion of some, the right of an individual to quit the
country in which he was born in order to establish himself in
another is inalienable, deriving directly from the right of every
human being to enjoy his freedom, and from the right t o seek
more favourable conditions of life, which is t h e fundamental
element of human activity. Moreover, the right to emigrate
may be recognised under two aspects—the right of expatriation
(which has been the subject of a certain number of treaties) and
the right t o quit the country to which the individual belongs,
either by birth or by naturalisation, in order t o establish
himself somewhere else, without loss of the nationality possessed
or acquired by him. The right to renounce one's nationality
is t h e recognised right of every h u m a n being t o select a country
of his own choice, other than t h a t in which he happens to have
been born.
As opposed t o this right of emigration, however, a second
group of theorists advances t h e right of the State t o watch over
and safeguard its own interests, i.e. t o assure, in all cases where
such a course would seem to be in the interests of the people as a
whole, the integral maintenance of the elements composing it,
T H E R I G H T TO E M I G R A T E A N D
RESTRICTIONS
33
among which, first and foremost, is the population inhabiting
its territory. This body of opinion asserts t h a t the interests of
the individual must always give way to those of the public.
Thus, according to t h e particular views of each theorist,
primordial importance is attached to one of these two conflicting
rights. Endeavours have also been m a d e 1 to ascribe equal
rights t o b o t h parties—to show t h a t neither principle is absolute,
but t h a t the individual right of migration is limited by the right
of a State to ensure its own preservation.
I n practice, a compromise very nearly approaching this
theoretical eclecticism has been arrived a t in t h e majority of
countries, by tentative methods. Under the sway of those
individualistic theories which, during the eighteenth and ninet e e n t h centuries, influenced t h e evolution of modern law, the
legislation of most countries has expressly admitted the principle
of freedom of emigration. Some of them, nevertheless, have
provided for the effects of this principle t o be limited by numerous
restrictions. Thus, section 9 of the Italian consolidated text of
13 November 1919 (Act to co-ordinate the provisions respecting
emigration and the legal protection of emigrants) specifies t h a t
"emigration shall be free within the limits fixed b y l a w " ; the
Spanish Act (section 1 of the Act of 20 December 1924, amended
text) "recognises for every Spanish subject the right t o emigrate";
t h e Greek Act (section 1 of the Act of 24 J u l y 1920) declares
t h a t "emigration and departure for a foreign country are permitted
within the limits fixed by the law" ; the Mexican Act of 12 March
1926 specifies t h a t " a n y person may leave or enter the national
territory within the limits fixed by the General Constitution of
the United States of Mexico, international treaties, and laws in
force"; the Polish Constitution of 17 March 1921, section 101,
lays down in principle t h a t " a n y citizen is free t o select within
State territory his domicile and place of residence, to change his
dwelling, or to emigrate", adding t h a t "these rights are subject
only to limitation by law." The Emigration Act of the SerbCroat-Slovene Kingdom of 30 December 1921 also lays down
t h a t "emigration is free within the limits prescribed by the present
A c t " ; t h e Czechoslovak Act of 15 February 1922 states t h a t
1
Ci. P . FAUCHILLB : " T h e Rights of Emigration and I m m i g r a t i o n " , International
Review, Vol. I X , No. 3, March 1924.
Labour
i
34
THE RIGHT TO EMIGRATE AND RESTRICTIONS
"emigration is free within the limits of the laws in force" ; and
the Rumanian Emigration and Immigration Act of 11 April
1925 provides t h a t in principle both emigration and immigration
are free, and stipulates in addition, after enumeration of the
various reasons for which such freedom m a y be limited, t h a t
"these restrictions may not be of a general or absolute nature,
and shall only be maintained so long as the causes having given
rise t o them continue t o exist".
I n other countries, freedom of emigration is derived from
general provisions of t h e law. This is t h e case in Germany (Act
of 9 J u n e 1897), France (Act of 18 J u l y 1860), Belgium (Act of
14 December 1876), and generally in Denmark, Finland, Great
Britain, the Netherlands, Norway, Portugal, Sweden, and
Switzerland.
Nevertheless, this attitude is not universally adopted—a
certain number of laws which will be examined in detail later lay
down in principle t h a t no person m a y emigrate without the
express authorisation of the State authorities; this amounts t o
recognition of the primordial right of the State t o limit t h e
emigration of its nationals if it sees fit.
I n practice, however, the legislation of these countries is not
very different from t h a t existing in others which proclaim the
principle of the right t o emigrate ; for individual permits are not
distributed capriciously, b u t are accorded t o individuals coming
under certain conditions laid down by t h e regulations, just as
the liberty to emigrate can only operate in the case of individuals
fulfilling certain legal conditions.
Thus, the same position is arrived a t by opposite ways; t h e
strictness of general prohibition is lessened b y special authorisations, while special prohibitions have the effect of restricting,
sometimes very severely, the operation of general freedom.
These two currents meet in the realm of actuality.
§ 1.—The Various Legislative R e s t r i c t i o n s
Restrictions upon freedom of emigration are of various kinds,
e.g. those concerned with the interests of justice, the defence of
the national territory, the safeguarding of State or individual
rights, and sometimes even the protection of intending emigrants
PROHIBITION OF EMIGRATION I N GENERAL
35
themselves These may be separately considered under the
following headings :
(a) Prohibition of emigration in general, or of emigration
to certain countries, and need for an individual permit.
(b) Absence of identity papers or other documents.
(c) Conditions of a moral n a t u r e ; legal proceedings.
(d) Military service.
(e) Obligations towards the State, society, or family.
(/) Legal minority.
(g) Sex.
(h) Old age and invalidity.
(i) Sickness.
(j) Lack of resources either on arrival or on departure.
(k) Occupation of emigrant workers.
(I) Adaptation of emigration laws to those of immigration
countries.
(m) Collective emigration.
(ri) Receipt of an advance for the expenses of the journey.
(o) Prohibitions of an economic nature.
(p) Occasional suspension.
(a)
P R O H I B I T I O N OF EMIGRATION I N G E N E R A L , OR OF E M I G R A TION TO CERTAIN COUNTRIES, AND N E E D FOR AN I N D I V I D U A L
PERMIT
Complete denial of liberty to emigrate is very rare. Apart
from cases in which it is temporarily suspended during a state
of war, mobilisation, or siege, it hardly exists a t all except in
respect of the native population of certain colonies and protectorates, and even then permits are granted in exceptional cases. I n
certain countries, however, in order to establish a stricter control
over persons emigrating, the method has been adopted of prohibiting emigration in general, so t h a t t h e departure of each individual
must be the subject of a personal authorisation. This method
of control has, moreover, become general, since t h e measures
by which the nationals of almost all countries are now required
to obtain a passport before departure really have the effect of
compelling t h e m to obtain individual permits to leave the country.
As the question of passports is dealt with later on, however,
36
THE RIGHT TO EMIGRATE AND RESTRICTIONS
only the legislative provisions in force in this respect will now
be examined.
FRENCH MANDATED TERRITORY : Cameroons.—By the Decree
of 9 July 1925, aboriginal natives of the territory are forbidden to leave it
without a personal authorisation obtained from the Commissioner of the
French Republic or his deputy. A sum of 500 francs is required to be
deposited as a guarantee in exchange for the authorisation; this deposit is
returnable to the individual concerned upon his re-entering the territory.
I n addition to the deposit a special t a x of 25 francs has to be paid. This
measure also applies to women who marry, in the Cameroons, aboriginal
natives of French or foreign colonies. Nevertheless, in the case of a duly
authenticated marriage, the emigration permit may be demanded as a
right (section 3).
AUSTRALIA.—The Emigration Act of 1910 prohibits the emigration
of aboriginal natives unless they have a special permit. Any person who
takes or attempts to take any aboriginal native out of the Commonwealth
without a permit is guilty of an offence under the Act. An applicant for
such permit may be required to deposit security as a guarantee t h a t any
conditions that may be imposed will be carried out.
FRANCE : Morocco.—In order to obtain a permit t o embark for
France, a Moroccan worker must hand over to the police authorities of a
Moroccan port or frontier town an authorisation obtained from the supervisory authorities of his native place or of the town in which he has been resident for more than six months. This authorisation can be obtained from the
competent authority only upon presentation of : (a) a medical certificate
testifying that the person in question is in a fit condition of health to
undertake work in France; (b) a work-book, with photograph; (c) a labour
contract bearing the visa of t h e French Minister either of Labour or of Agriculture. (Circular No. 15, dated 13 August 1923.)
Colonies.—An Order of 24 March 1924 lays down regulations concerning
the conditions of engagement of industrial and agricultural workers in the
French Settlements in Oceania, the engagement of any French subject 1 for
undertakings or enterprises established on foreign territory being prohibited.
The recruitment of workers being French citizens for such enterprises or
undertakings is also subject to express previous authorisation being obtained
from the Government (section 23).
I n a large numbeT of other colonies—the Congo, Ivory Coast, Somali
Coast, Dahomey, Guinea, Madagascar, and Senegal—the emigration of
natives is subject to the consent of the Governor, authenticated by the
grant of an embarkation permit, without which departure of the emigrant
1
In French colonies and protectorates other than the three older colonies of Guadeloupe,
Martinique, and Réunion, in which the native population has possessed civil equality
since 1831 (Order dated 24 Feb.) and political equality since 1833 (Act of 24 April),
natives have only the status of French subjects, i.e. they come under French administration
and are called upon to pay taxes, but their private lives continue to be regulated in accordance with native "customs" instead of with French civil law, and they have no political
rights. If, however, they comply with certain definite educational or occupational and
other requirements, they are entitled to apply for citizenship if they are natives of a colony,
and for naturalisation if they are natives of a protectorate. They then become French
citizens, with all the civil and political rights pertaining to that status. In the case now
under consideration, all natives having thus obtained citizenship, together with Frenchmen
of European origin domiciled in the French Settlements in Oceania, are grouped together
as French citizens.
PROHIBITION OF EMIGRATION I N GENERAL
37
cannot take place. No charge, or a very moderate one, is made for this
permit. (Congo : Decree dated 2 July 1901; Ivory Coast : Decree dated
25 October 1901 ; Somali Coast : Order dated 9 February and 6 September
1920; Dahomey : Decree dated 14 October 1902; Guinea : Order dated
30 March 1903; Madagascar : Emigration Decree, dated 6 May 1903;
Senegal : Decree dated 17 J u n e 1895.)
GREAT BRITAIN : Colonies.—In Ceylon according to the Emigration
Ordinance 1882 as amended 1884, and in the Straits Settlements according
to section 198 of the Labour Ordinance 1926, it is provided t h a t the Governor
may, by notification published in the Government Gazette, declare t h a t the
emigration of native inhabitants shall be lawful to any place described in
the notification; and t h a t contracts with the native inhabitants of Ceylon
to labour in such a place are lawful from that date. Such notification
must contain a declaration that the Government of the place described has
made laws sufficient for the protection of the emigrants.
I n Ceylon, according to the Emigration Ordinance 1917, section 5, every
emigrant desiring to embark on any ship must obtain a pass stating the
purpose for which he is leaving the island and the port at which he is to
land.
No Asiatic labourer is allowed to emigrate under a contract or agreement
to labour outside the Straits Settlements and the Federated Malay States,
except to certain specified countries, which, according to the schedule
attached to the Labour Ordinance of 1923, are all British possessions, all
British protectorates or protected States in Asia, and all countries in Asia
under the Government of Netherlands India. This schedule may be varied
at any time. (Straits Settlements, Labour Ordinance 1923, section 198;
Federated Malay States, idem, sections 50 and 51.)
In Fiji, under the terms of the Emigration Ordinance 1892, no Indian or
Polynesian immigrant may emigrate for the purpose of labouring for hire
a t any kind of manual labour in any foreign country or possession, unless
a Convention with the British Government or a law allowing emigration to
such foreign country or possession from British India is in operation
(section 5).
No Indian or Polynesian immigrant may emigrate to Australia, New
Zealand, or the Pacific Islands without the consent of the Governor.
Further, according to the Native ¡Emigration Regulation Amendment
Ordinance, 1915, no native may leave the colony without the written
permission of the Governor or of some person authorised by the Governor.
In Gambia, Nigeria, and Sierra Leone it is provided by the Native Labour
Foreign Service Ordinances, dated respectively 1913, 1916, and 1924, t h a t
no native shall leave his home district under contract to serve as a labourer
without the limits of the colony unless :
(a) if he owes allegiance to a chief or tribal authority by native law
or custom, he has first obtained the consent of such chief or tribal
authority signified before a public magistrate and a certificate in
writing from t h a t officer to such effect ;
(b) if he does not owe such allegiance, he has first obtained a certificate
from a duly authorised public magistrate. Such a certificate shall
be granted subject to certain limitations imposed by the regulations
concerning emigrants.
I n Gambia, according t o section 1 of the Ordinance referred to, in Sierra
Leone under t h a t of 1924 (section 3), and in the Gold Coast under an Ordinance
dated 1921 for the regulation of recruitment (section 12, subsection 1) no
native labourer may be engaged under contract for service outside the
British Dominions or Territories except for service in a country or territory
which has been declared by the Governor, with the approval of the Secretary
of State for the Colonies, to be one to which the emigration of labourers is
lawful.
38
THE RIGHT TO EMIGRATE AND RESTRICTIONS
According t o the laws of Jamaica, St. Lucia, and Si. Vincent, emigration
of natives is permitted only to those countries or places which the Governor
from time to time may approve by proclamation. (Jamaica : Emigrants
Protection Act, 1924 (section 2); St. Lucia : Emigrants Protection Ordinance, 1916 (sections 3 and 4); St. Vincent : Emigrants Protection
Ordinance, 1924 (sections 3 and 4).)
I n Jamaica a person may receive a permit to leave the colony for an
approved place if he has already made such place his temporary home, or
is carrying on business there, or has sufficient means to remove all risk
of his having to be repatriated a t any time a t the cost of the colony.
(Emigrants Protection Act, section 2.)
In the Leeward Islands, where the Governor is satisfied t h a t conditions
of labour in any country or place out of the colony are such as would be
detrimental to the labourers from this colony by reason of their ill-treatment
or otherwise, the Governor, with the approval of the Secretary of State,
may prohibit absolutely the emigration of such labourers to t h a t country
or place. (Emigrant Labourers Protection Act, 1924, section 3.)
I n Mauritius, under the terms of the Ordinance of 1881 regulating
the Emigration of Indian Immigrants and Liberated Africans, no Indian
immigrant or liberated African may emigrate from Mauritius to any
foreign country or possession unless a Convention with the British Government or a law allowing emigration to such foreign country or possession
from British India is in operation.
I n North Borneo, according to the Indian Immigration Proclamation,
1891 (section 29), no Indian immigrant of the labouring class may depart
from the State except to go to a colony, country, or State to which Indian
emigration is authorised by the Government of India or British India.
The Labour Ordinance 1916 stipulates that no person, whether licensed
or not, shall recruit coolies for the purpose of exporting the same from the
State.
I n the Windward Islands, according t o the laws of St. Vincent and St.Lucia,
upon application in writing by a person desiring to leave the colony for a
notified place, a permit shall be granted by the Chief of Police or such
person as the Governor may appoint, provided that the applicant establishes
to the satisfaction of such officer fa) t h a t he is not a native of the colony,
and has not been recruited by a recruiting agent ; or fb) being a native of
the colony, t h a t he has already made such place his temporary home or is
carrying on business there, or is possessed of independent means sufficient
to remove all risk of his having to be repatriated a t the cost of the colony.
(St. Lucia, Emigrants Protection Ordinance, 1916, sections 5, 8, 9, and 10;
and St. Vincent, Emigrants Protection Ordinance, 1924, sections 5, 8, 9,
and 10.)
H A I T I . — I n section 1 of the Act of 28 February 1924 it is laid down
that " t h e departure of any emigrant from Haiti except under the conditions
laid down in this Act is hereby expressly prohibited".
INDIA.—-Emigration for the purpose of unskilled work is not lawful
except to such countries and on such terms and conditions as the GovernorGeneral in Council specifies, by notification in the Gazette of India, and
any notification of this kind must be approved by the two Chambers of
the Indian Legislature. (Emigration Act, 1922, section 9.)
ITALY : Somaliland.—The Governor's Circular No. 30, dated 15 April
1904, provides for strict control of the emigration of native Italian subjects,
in order to prevent depopulation of the Colony. The embarkation of any
native upon a steamer or sailing-ship is prohibited, unless he is provided
with an exit permit, obtainable from the authorities of his district upon
presentation of an authentic document proving t h a t the native in question
has assured employment and will be suitably paid for it a t the place of
ABSENCE OF IDENTITY PAPERS OR OTHER DOCUMENTS
39
destination. If more than three individuals apply at any one time for an
exit permit for the same destination, in respect of an engagement to work
for the same employer, the Governor shall himself decide whether to issue
the permit or not. In the case of native traders proceeding to Aden or
Zanzibar for the purpose of their business, production of this document is
not required.
The same Circular prohibited the embarkation of emancipated natives
(liberti) for Arabia on sailing ships other than Italian ships registered a t
the Port of Benadir; while by Decree No. 75, dated 7 May 1906, the
emigration of emancipated natives from the territory of Southern Italian
Somaliland was totally prohibited.
JAPAN.—No person may emigrate to a foreign country without having
obtained a permit from the Government. An application for such permit
must state the country t o which the person concerned desires t o emigrate,
his reason for emigrating and the probable duration of his absence. I n
the case of an emigrant recruited by an agent, the latter must countersign
the application for the permit. In the case of a person emigrating voluntarily, the competent Minister may demand that two sureties shall undertake
to be responsible for ensuring that the living conditions provided for in the
country of destination actually exist.
The emigration permit becomes invalid if departure does not take place
within six months ; and it may be revoked or suspended at any time.
Emigration is permitted, however, to Korea and to China; for these
destinations no passport is required. (Emigrants Protection Act, 1896-1907,
sections I I , IV, and VII ; and the Regulations for its enforcement, section II.)
Korea.—Similar provisions are laid down by the Emigrants Protection
Act, 1906-1908, sections I and I I I , and the Regulations for its enforcement,
sections I and I I .
P O R T U G A L : Colonies.—By the Decree of 14 October 1914 the
emigration of natives of a Portuguese colony is permitted only if the
emigrants are going to another Portuguese colony, or to foreign colonies
with which Agreements or Conventions have been concluded. Such natives
may be engaged only for agricultural, commercial, or industrial work
(section 113).
R U S S I A . — B y the Agrarian Code of 1922-1925 power is given to the
Office of the President of the All-Russian Executive Committee to grant
or refuse permission for migration from the territory of autonomous Soviet
Republics to places abroad and vice versa; the Office also has power to
determine the conditions and regulations relating to such migration in
accordance with the proposals of the Federal Committee for Agrarian
Affairs.
(b)
ABSENCE
OF IDENTITY PAPERS
OR
OTHER
DOCUMENTS
E m i g r a n t s a r e r e q u i r e d t o f u r n i s h d o c u m e n t s of v a r i o u s k i n d s
t o b e h a n d e d over i n e x c h a n g e for a p a s s p o r t or e m i g r a t i o n p e r m i t .
S o m e of t h e s e r e l a t e t o e m i g r a t i o n p r o h i b i t i o n s w h i c h will b e
r e f e r r e d t o l a t e r . T h e i r p u r p o s e is t o p r o v e t h a t n o legal
o b s t a c l e e x i s t s t o t h e e m i g r a t i o n of t h e i n d i v i d u a l c o n c e r n e d
(certificates r e l a t i n g t o m i l i t a r y s e r v i c e , legal p r o c e e d i n g s ,
40
THE EIGHT TO EMIGRATE AND RESTRICTIONS
payment of taxes, health, deposit of security, etc.). Women
who are under marital authority and minors are required to
produce in addition the permission of the husband, parents or
guardian, or of the authority competent to fulfil the functions
of a guardian. In order to emigrate to certain countries or
obtain special advantages in them, the emigrant is in some cases
required to produce an application, sometimes called an affidavit,
drafted in proper form by the relative whom he is going out to
join. A similar document is frequently required in the case of
minors, old or infirm persons and others who are allowed to
emigrate only if they have the promise of assistance from an
adult, capable of work, in the country of destination.
The documents required in each country are indicated under
the various headings (a, c, d, etc.).
In place of the passport common to all nationals, or in addition
thereto, emigrants have sometimes to possess special identification papers. These contain all useful information as to the
civil status of the emigrant and his occupation ; reference is made
to them in § 2 (Passports).
»
(cj
CONDITIONS OF A MORAL NATURE;
LEGAL PROCEEDINGS
Persons against whom legal proceedings are pending or who,
having been condemned, have not yet discharged the penalty
imposed, are frequently forbidden to leave a country. With a
view to ascertaining the position of an emigrant in this respect, an
extract from the Criminal Record (easier judiciaire) is sometimes
asked for before the passport is handed over. More rarely,
persons addicted to vice are forbidden to emigrate.
BELGIAN M A N D A T E D TERRITORY : Ruanda-Urundi.—An exit
passport is refused to any native, whether of the territory or of a neighbouring Belgian colony, desiring to pass a frontier of the territory, and
against whom legal proceedings are pending. (Decree dated 19 July 1926,
sections 4 and 5.)
BELGIUM : Congo.—In accordance with the Decree dated 14 August
1922, exit passports may be refused to natives who are threatened with
legal proceedings.
CHINA.—The Act of 21 April 1918 lays down, among other conditions
to be fulfilled by emigrant workers, that they shall be of good conduct
and free from vice, and shall not have committed criminal offences.
CONDITIONS OF A MORAL NATURE; LEGAL PROCEEDINGS
41
CZECHOSLOVAKIA.—By the Act of 15 February 1922 emigration
is forbidden in the case of "all persons who are under arrest or who are
wanted by the judicial authorities for crimes or offences, all persons having
a term of imprisonment to undergo, and all those for whose arrest a warrant
has been issued or who have been summoned before a Court" (section 2,
subsection a).
FINLAND.—By the Order dated 15 December 1923 any Finn over
15 years of age who desires to obtain a passport in order to go to a foreign
country is required to submit, in support of his application, a certificate
made out by the police authorities at his place of residence t o the effect
that he is a Finnish citizen and that there is no obstacle to his emigration
(section 4).
F R A N C E : Algeria.—By the Decree dated 4 August 1926 an Algerian
native emigrating in order to work in France must at the time of his
embarkation submit an extract from the Criminal Record (easier judiciaire)
certifying t h a t he has not been convicted of a criminal offence.
Morocco.—A native who has been convicted is not allowed to emigrate
to France. I n order to make certain of the identity of the native, very
strict measures are taken at the time of embarkation; in particular,
an extract from the anthropometrical record of the judicial identification
department must be produced t o the police authorities a t the port of
embarkation, where it must be dulv visaed and stamped. (Circular No. 15,
dated 7 March 1925. and Circular Ño. 48, dated 19 September 1925.)
GERMANY.—The Act of 9 June 1897 (section 23) prohibits the
emigration of all persons whose arrest has been ordered by a judge or on a
police warrant.
GREECE.—By the Act of 24 July 1920 (section 2), emigration is
forbidden in the case of every citizen who is the object of criminal proceedings
involving imprisonment or who is subject to a penalty which has not been
discharged.
HUNGARY.—The Emigration Act of 1909 (section 2, c), forbids the
emigration of persons against whom legal proceedings have been commenced,
or who are liable to a sentence involving fine or imprisonment during the
period in which the sentence is being carried out.
J A P A N . — B y the amended Order (No. 4 of 1925) relating to passports,
it is forbidden to hand over a passport to any person against whom legal
proceedings have been commenced or an order has been made prohibiting
residence in China or Korea (section 10).
y
/
L I T H U A N I A . — I n order to obtain a passport, a certificate mus/c be
obtained from the judicial authorities to the effect that no legal proceedings
have been commenced against the person concerned which would; prevent
• his leaving for a foreign country. (Instruction No. 1523, dated 18 September
1926, section 3.)
MEXICO.—A person having committed any act which is punishable
under Mexican law is forbidden to emigrate unless he can prove that he
has already discharged the penalty to which he was subject; he must also
produce a judicial authorisation to leave the country. (Act dat«i?.12 March
1926, section 78.)
/
NORWAY.—Before negotiating with any emigrant, transpjirt coriPa¡iÍgs
are required t o satisfy themselves that there is no warrant oujff or his arrest
(Act of 5 June 1897, section 7.)
/
42
THE BIGHT TO EMIGRATE AND RESTRICTIONS
PORTUGAL.—In order to obtain a passport, a certificate containing
an extract from the Criminal Record (easier judiciaire) must be submitted
to the effect that the applicant is free from crime. (Regulation dated 19 June
1919, section 11.)
RUMANIA.—Emigration is prohibited in the case of all persons
threatened with legal proceedings which would render them liable to a
minimum sentence of three months' imprisonment, and of all persons
subject to a penalty not yet discharged. (Act of 11 April 1925, section 7,
subsection b.)
SERB-CROAT-SLOVENE KINGDOM.—A passport is not granted
to an emigrant unless he can prove that no action has been commenced
against him under the criminal law, or, if he has been condemned, that
he has completed the punishment imposed. (Act of 30 December 1921,
section 9, subsection 5.)
SPAIN.—By section 3, subsection 3, of the consolidated text of the
Emigration Act dated 20 December 1924, the emigration of all accused
or convicted persons is prohibited.
(d)
MILITARY S E R V I C E
As the majority of countries have adopted the principle of
compulsory military service, precautions are usually taken t o
prevent young men of military age from escaping their d u t y
b y going abroad.
Supervision of this kind extends over a longer or shorter
period, as laid down b y the laws and regulations of each country.
I n some cases it only applies t o young men who are on t h e point
of being called u p for their first period of active service. I n
others, reservists are also required t o comply with certain special
formalities in order t o obtain permission t o leave the country.
The precautions taken by the various countries are of several
different kinds. I n general, there are special formalities t o be
fulfilled before a passport can be obtained; or a passport is only
issued t o young men of military age in exchange for a certificate
proving t h a t t h e y have fulfilled their obligations in t h a t respect.
Sometimes, a m a n of military age is only allowed t o leave if he
deposits a sum ox money as a guarantee (Portugal), or gives t h e
name a of responsible person domiciled in the country as surety
(Belgium).
I n som* cases (e.g. t h a t of Spain) when permission t o emigrate is
granted toL young men who have not yet fulfilled their military
duties, thevf are subject to special supervision b y the Consul
in t h e c o u n t r y °f residence and their repatriation is facilitated at
MILITARY SERVICE
43
the proper time (cf. Chapter X, § 5 : Italy, Portugal, Spain).
Special facilities also are sometimes accorded to young men who
emigrate for the purpose of working (Italy, Sweden).
The emigration laws of several countries provide that, if
circumstances require it, the emigration of men of military age
may be completely suspended by decision of the Government ;
and generally, in case of mobilisation owing to war being imminent, the right to leave a country is suspended in the case of
persons liable to be mobilised.
A number of provisions strictly connected with the regulations
governing emigration and relating to the departure of men of
military age, are quoted below.
AUSTRIA.—The Military Service Act of 18 March 1920 abrogated a
provision of the Right of Nationality Act, dated 21 December 1867, which
laid down that freedom of emigration was limited by military duties.
CZECHOSLOVAKIA.—By the Emigration Act of 15 February 1922
all questions relating to the restriction of emigration in view of military
service obligations are referred to the Military Service Act and the Orders
promulgated in accordance therewith (section 2). Section 51 of the
National Defence Act of 19 March 1920 states t h a t all male nationals of the
country from the time they complete their seventeenth year until they
complete their fortieth year, must, if they wish to leave the country with
the object of seeking citizenship in a foreign country, apply for permission
to the Minister for National Defence. I n the case of men between the ages
of seventeen and forty years, passports are granted for a limited period
only; a list is kept of persons living abroad for use in case of war.
FINLAND.—A person of active military service age cannot obtain a
passport without submitting a certificate from the competent recruiting
office to the effect t h a t he has no undischarged military duties which would
prevent his leaving the country. Young men who are under military
service age may be granted a passport the validity of which only extends
to the date upon which they reach t h a t age. (Order dated 15 December
1923, section 5.)
F R A N C E : Algeria.—By the Decree of 4 August 1926 Algerian natives
leaving in order to work in France are required at the time of embarkation
to produce an identity card, with photograph, stating that the bearer has
fulfilled all the military duties required of him.
GERMANY.—The German Emigration Act of 1897 (section 23,
subsection a) forbids the emigration of individuals between seventeen and
twenty-five years of age, unless they have been duly granted leave or freed
from military service, or have left a substitute in the army.
Since the date of the Treaty of Versailles, however, this practice has been
modified, and a communication from the German Migration Office 1 states
t h a t it is no longer necessary for emigrants to show any papers relating to
their military service.
1
REICHSVVANDEBUNOSAMT : Merkblatt
i3.
44
THE RIGHT TO EMIGRATE AND RESTRICTIONS
GREECE.—The Act of 24 July 1920, section 2, provides that every
citizen having no military duty at present or previously unfulfilled has the
right to emigrate, and t h a t "all those who are included under section 63
of the Recruiting Act must obtain a n authorisation in accordance with
that Act, the amount of the fine which may be imposed for failure to do
this varying between 500 and 10,000 drachmas".
GUATEMALA.—No worker is allowed to leave the country without
having performed his military service. (Decree dated 20 July 1023, sectionö.)
ITALY.—By Royal Decree No. 590, dated 18 March 1923, amending
section 8 of the Recruiting Act, young men liable for military service who
desire to go abroad in order to work m a y emigrate until the category t o
which they belong is called up. They must, however, leave with the
authorities of the commune in which they reside a written undertaking to
enlist; the authorities have to forward this document to the competent
council for the purpose of calling up the persons concerned in due course.
Regarding individuals liable for military service who may desire to go
abroad for some other purpose, the regulations for the issue of passports to
them are much more strict; these are laid down by the regulations for
the enforcement of the Decree mentioned above. If they are to leave for
an oversea country, they are required to undergo examination immediately.
If they are found to be fit for service, or if their case is held over for reexamination at an early date, they may enter into an undertaking to enlist,
and may then be allowed to leave ; but only if they are travelling with their
family, or have to leave Italy for some urgent and temporary reason.
Emigration is freely allowed in the case of soldiers who have completed
their period of service and of those who have only to serve for a reduced
period; but the authority which has to supervise the departure of emigrants
must in such cases inform the commanding officer of the military district
(or the competent port authority in the case of a sailor) of the place to which
-the man in question is going.
I t is provided, however, by section 3 of this Decree, t h a t the right to
emigrate accorded in the preceding sections t o persons liable for military
service and to soldiers on leave may be temporarily suspended by Royal
Decree, on the proposal either of the Minister for War or of the Minister of
Marine.
L I T H U A N I A . — I n order to obtain a passport men of military service
or mobilisation age must submit a certificate to the effect t h a t they have
fulfilled their military duties. However, those who, in accordance with
the provisions of sections 8 and 10 of the Convention relating to the Memel
Territory, are declared to be citizens of that territory, are exempt from all
military service obligations until 1 January 1930; accordingly, they require
no certificate. (Instruction No. 1523, dated 18 September 1926, section 3.)
NORWAY.—The Act of 19 July 1910 makes military service compulsory
for all fit men who have reached their twentieth year. These men are not
allowed to emigrate unless they are in possession of an authorisation which
can only be given after a n examination of their position as regards military
service. I n addition to the provisions of the Act of 19 July 1910, Norway
has adopted measures dealing with the military service of emigrants, by
the conclusion of a number of treaties, with the Kingdom of Hawaii (1852),
Italy (1862), the United States (1869), Argentina (1885), Mexico (1885), and
J a p a n (1911).
P O R T U G A L . — I n accordance with the regulation of 19 June 1919
(section 5, subsections 5, 7, and 11) all persons between 14 and 45 years of
age have either to prove t h a t they have fulfilled their military duty or to
deposit a sum of money (at present 1,500 escudos) as guarantee.
MILITARY SERVICE
45
RUMANIA.—The Act of 11 April 1925 prohibits the emigration of
citizens between 17 and 28 years of age who have not fulfilled their militaryduties.
SERB-CROAT-SLOVENE KINGDOM.—In order to obtain a
passport, a would-be emigrant must show a certificate proving that he
has duly fulfilled his military duties. (Act of 30 December 1921, section 9.)
SPAIN.—According to Chapter X X of the Military Regulations dated
27 February 1925, which establishes the necessary correlation with the
Emigration Act, the following persons may not emigrate : fit men of military
service age, soldiers undergoing their first period of service, those whose
cases have been held over for revision, until a definite decision has been
arrived at, and persons temporarily exempted. Permission to emigrate
may be suspended in the case of all persons between fifteen and thirty-one
years of age by Royal Decrees promulgated by the Council of Ministers.
The emigration of young men over sixteen years of age who have not
yet served in the army may, however, be permitted, upon their depositing
a sum of money proportionate to the cost of the journey to the country
where they are going; this deposit is increased by from 25 to 50 percent.
according as their time for service is near or remote. The deposit is returned
to those who come back in order to fulfil their obligations and to those
who are found to be unfit for active service.
Men who have emigrated remain subject to military supervision; those
under twenty-one years of age must be registered at the Spanish consulate
in the place where they reside in a special register, and must execute all
the required formalities when they reach military service age; and they
are assisted to return to Spain for the purpose of their duty.
By a Legislative Decree dated 24 March 1926 special facilities for the
fulfilment of their military duties are offered to young men having emigrated
to Spanish-American countries. They have to pay to the State, through
the intermediary of their Consul, a total sum of 1,000 pesetas, of which
250 pesetas must be paid during the first year of the military service period
and the remainder in equal instalments spread over the unexpired portion
of their military service period, i.e. seventeen years.
SWEDEN.—-The Royal Order relating to registration for the purpose
of military service, dated 23 December 1925, provides, in sections 143
a n d 144, that if a man of military service age desires to obtain permission
to leave the country in order to seek improved living conditions abroad, or
for any other reasonable cause, he must forward a request with full
explanations in support thereof, through the intermediary of the commanding
officer of the district where he is enrolled, to the Minister of National Defence.
If the request is acceded to, a certificate freeing the person concerned from
his military service obligations will be granted, provided that he has also
obtained the royal authority to leave the country. Should he, however,
remain in Sweden, the possession of such a certificate does not avail to
relieve him of his military service obligations.
SWITZERLAND.—According to the Swiss Act of 22 March 1888,
"emigration agents are forbidden to arrange for the departure . . . (6) of
Swiss citizens subject to military service who cannot prove that they have
returned their army kit to the State".
46
THE RIGHT TO EMIGRÄTE AND RESTRICTIONS
(e)
OBLIGATIONS TOWARDS THE STATE,
SOCIETY, OR FAMILY
Attention has already been drawn to the measures taken with
a view to preventing emigrants from escaping military service.
There exist, however, other obligations towards individuals or
society in general which sometimes act as a bar to the emigration
of a person who has not fulfilled them, or may delay such
emigration until measures have been taken for their fulfilment
in the future.
In some countries it is required that compulsory State service
shall have been completed; and that taxes shall have been paid.
The obligation to provide for young children or invalids
extends over a considerable period; it is one which continues
after the emigrant's departure and in respect of which it is
very difficult to take adequate precautions. Several countries,
however, have endeavoured to meet the difficulty by various
means, e.g. the emigrant is required to deposit a capital sum
sufficient to provide for those dependent upon him, or at least
to furnish proof that he has left his family sufficient resources;
or, again, arrangements are made to deduct a certain proportion
of the wages to be earned by the emigrant in the future, when
the case is that of a worker engaged under contract.
BELGIAN M A N D A T E D TERRITORY : Ruanda-Urundi.—An exit
passport is not granted to the natives of Ruanda-Urundi if their intention
t o leave the territory is for the purpose of escaping their obligations towards
authorities duly set up and recognised. (Decree of 19 July 1926, section 5.)
BELGIUM.—The Belgian Act of 15 May 1912, inserted in the Penal
Code, although not specially concerned with the emigration of the heads
of families, may be assimilated to the laws which compel an emigrant to
take certain steps with a view to providing for the maintenance of persons
dependent upon him. This Act lays down the penalties to which parents—
whether legitimate, natural or adoptive—render themselves liable if they
abandon a child without making proper provision for it, even if they do
not leave it unprotected, if they refuse to take charge of it again; or if they,
having left a child in the care of a third party, refuse to pay for its maintenance. (Penal Code, section 360.)
Congo.—The Decree of 14 August 1922 forbids the issue of exit passports
t o natives desiring to leave the Colony " i n OTder to escape their obligations
towards the Government", as also to those who have not deposited an
amount in specie as guarantee, and on whose account no such amount has
been deposited by any other person.
However, a Vice-Governor-General may authorise the officials entrusted
with the issue of passports " t o accord exemption from the obligation to
OBLIGATIONS TOWARDS THE STATE, SOCIETY, OR FAMILY
47
deposit such guarantee in the case of natives who it is considered should
only be allowed to go to adjacent colonies, and only for a short period".
Exemption from the obligation to deposit a sum of money as guarantee
may also be granted in the case of natives enrolled by the competent authority to form part of the crews of ships which regularly and periodically
call a t Congo ports.
The sums deposited (the amount of which is fixed for each individual
ease) are set aside for the purpose of reimbursing moneys which may be
advanced by the colony for medical attention required by emigrants, for
their repatriation, and for the maintenance in the colony of persons dependent upon them and who in their absence might be in want, should t h e
necessity arise.
BULGARIA.—In accordance with section 5 of the Compulsory Labour
Service Act dated 5 June 1920, a Bulgarian citizen may not change his
nationality or settle in a foreign country until he has completed his compulsory labour service.
CHINA.—The Act of 21 April 1918 provides that a worker recruited for
labour abroad must give u p to his family 20 per cent, of his wages. The
amount is deducted each month and forwarded to the Director of the
Chinese Emigration Office through the intermediary of a bank selected by
him. This system is applied to emigrant workers in general; and, if a
Chinese emigrant has no family, the sums deducted are placed in a bank
from which the worker can himself withdraw them upon his return t o
China (section 10).
C O S T A RICA.—The Act of 28 October 1922 prohibits the engagement
of married men for work abroad unless proof is forthcoming that they have
taken steps to provide for the maintenance of their wives and children
during their absence, or unless the contract of work stipulates that a sufficient
proportion of their wages is to be deducted and remitted to their families.
CZECHOSLOVAKIA.—The Act of 15 February 1922 prohibits t h e
departure of parents who, in emigrating, would leave behind them children
under 16 years of age without making permanent arrangements for their
maintenance (section 2, b).
FRANCE.—By an Act known as the Desertion of Family Act,
promulgated on 7 February 1924, a person ordered to pay a maintenance
allowance in respect of persons dependent upon him, and having made no
payment during a period of six months, becomes liable to a penalty.
G R E A T B R I T A I N : Colonies.—The laws of Gambia (Native Labour
Foreign Service Ordinance, 1913, section 2, subsection 2), Nigeria (Native
Labour Foreign Service Ordinance, 1916, section 5, subsection 2), and
Sierra Leone (Native Labour Foreign Service Ordinance, 1924, section 4,
subsection 2 (b)) provide t h a t a public magistrate shall not grant a certificate
of emigration unless he is reasonably satisfied that the applicant is not
abandoning a wife, child or any other dependent relative, and that due
provision has been made for the maintenance of any person dependent
upon him during his absence, and that his absence from his home district
is not inconsistent with engagements into which he has previously entered,
or with obligations imposed by law, native custom or usage.
The Gilbert and Ellice Islands Labour Regulation, 1915, and the Solomon
Islands Labour Regulation, 1921, section 15, stipulate that a married man
engaged under contract shall be accompanied by his wife and infant children
unless he makes suitable provision for their support.
GUATEMALA.—No worker may leave the country without giving
48
THE RIGHT TO EMIGRATE AND RESTRICTIONS
proof that he has paid all taxes due. An employer may not recruit a
married man for employment abroad unless the latter has deposited with
the competent authority for his district (jefatura politica) a sum of money
for the maintenance of his family during his absence. The amount is fixed
by the district authorities in agreement with the Minister for Agriculture.
(Decree of 20 July 1923, sections 3 and 5.)
HUNGARY.—In accordance with the Hungarian Act of 1909, emigration
is forbidden in the case of parents leaving in their country of origin children
under sixteen years of age, without making arrangements for their support
in the future, and of all persons who have not taken adequate steps to provide
for the welfare of persons dependent upon them who are incapable of work
(section 2, subsections d and e).
LITHUANIA.—In order to obtain a passport an applicant must produce
a certificate proving t h a t he has paid all taxes due. (Instruction No. 1523,
dated 18 September 1926, section 3.)
NICARAGUA.—The Act of 31 January 1923, promulgated by Presidential Decree dated 7 February 1923, prohibits the engagement of a
married man for work abroad, unless he can prove t h a t he has made proper
provision for the support of his wife and children, or unless the labour
contract contains a stipulation to the effect t h a t an amount sufficient for
the maintenance of his family shall be deducted monthly or fortnightly
from the worker's wage.
NORWAY.—According to the Bankruptcy Act of 6 June 1863, debtors
may be arrested if they attempt to emigrate. Individuals who have not
paid their taxes, and those who would leave persons legally dependent
upon them unprovided for, are forbidden to emigrate by Acts 5 and 6,
dated 6 July 1892. By the Regulation of 18 December 1899, emigration
agents are forbidden to transact any business with an intending emigrant
without first ascertaining t h a t he has carried out all his obligations towards
the fiscal authorities and that no prohibitory order has been made against
him in respect of undischarged maintenance obligations. If the agent has
any reason to think that some such obstacle to the emigration of the person
concerned actually exists, he is required to communicate with the police
(section 7).
PORTUGAL.—Portuguese law forbids the emigration of persons having
young children whom they propose to leave behind, unless they have made
arrangements to the satisfaction of the competent authority. (DecTee
No. 5624, dated 10 May 1919, section 3, subsection (4).)
R U M A N I A — B y the Act of 11 April 1925, emigration of the father
of a family is prohibited unless he has made satisfactory arrangements for
the maintenance of those members of the family who remain in the country.
Emigration is also forbidden to persons who cannot prove t h a t they have
paid all their taxes regularly.
SERB-CROAT-SLOVENE KINGDOM.—An emigrant can only
obtain his passport if he can produce a declaration of the fiscal authorities
to the effect that he has carried out all his obligations towards them. (Act
of 30 December 1921, section 9.)
SPAIN.—Emigrants who are not exempt from the "personal t a x "
are required to furnish proof that they have paid it. (Regulations of
20 December 1924, section 7.)
SWEDEN.—Persons having the care of legitimate, illegitimate, or
LEGAL MINORITY
49
adopted children under sixteen years of age are required to deposit a sum
of money sufficient to provide for the maintenance of such children up to
t h e age of sixteen years, before they will be allowed t o leave the country.
If there is any reason to suspect that the breadwinner of a family is leaving
the country without fulfilling his obligations in that respect, the competent
authority (either the Public Assistance Authority or the Children's Aid
Office) may, at the request of the person entitled to support, issue a
"prohibition order" against the said breadwinner. The emigration agent,
who has undertaken to transport the breadwinner of a family, knowing
that he has not made arrangements to leave the sums required for the
maintenance of those dependent upon him, is, together with the emigrant,
jointly and severally responsible for the fulfilment of such obligation to
aliment. (Act of 14 June 1917, as amended by the Acts of 15 June 1918
a n d 27 June 1924, forbidding persons responsible for the maintenance of
others to leave the Kingdom.)
SWITZERLAND.—By the Act of 22 March 1888, the emigration of
parents who propose to leave young children in Switzerland, without having
made satisfactory arrangements with the competent authority, is prohibited.
(j)
LEGAL MINORITY
In addition to the measures designed to protect minors, in cases
where the parents emigrate \ there exist a number of provisions
relating to the emigration of minors themselves.
The emigration of minors under a certain age fixed by law
in each country, if they are unaccompanied by their parents,
is frequently prohibited. Moreover, the age-limit is often different
for the two sexes, supervision of the emigration of girls being
continued to a more advanced age.
The recruitment of minors for the purpose of work abroad
is still more frequently forbidden; and even when the age is
reached at which it is permitted, special conditions are often
imposed—e.g. medical examination of young workers, approval
of the kind of work they are to undertake by the authorities of
the country, etc. In some cases, however, spontaneous emigration and recruitment of minors are subject only to the authorisation of parents or guardians, or that of the civil authorities,
being obtained.
In cases where a child is going to join his family many laws
require him to make an affidavit stating the reason for his
leaving, and stating, moreover, that he shall be accompanied
by a responsible person. Legislation in some countries is
indirectly opposed to the emigration of an unaccompanied minor
1
Cf. the previous heading, (e) "Obligations towards the State, Society or Family", p. 46.
5
50
THE RIGHT TO EMIGRATE AND RESTRICTIONS
by forbidding the issue of a passport to persons under a certain
age. Further, in most cases, even in countries where no legal
provisions exist concerning t h e emigration of minors, paternal
authorisation is required before a passport can be issued to a
minor.
I t should be observed, however, t h a t special facilities are
accorded in t h e case of minors going to join their parents
who have emigrated. For example, in t h e case of emigration
t o the United States, the measures relating to t h e distribution
of t h e annual quota of admissible aliens distinctly favour minors
going to join their family. I n Great Britain, t h e emigration
of adolescents to Australia, Canada, and New Zealand is specially
organised and subsidised.
BELGIAN MANDATED TERRITORY : Ruanda - U r u n d i — A n exit
passport will not he issued to a native of the territory who is subject to the
authority of another person, in accordance with law and custom, unless he
can show t h a t he has been authorised by such person t o leave RuandaUrundi. (Decree of 19 July 1926, section 5.)
BRITISH MANDATED TERRITORY : Tanganyika.—The Governor
may, if he thinks fit, from time to time make regulations prohibiting,
restricting, or regulating the employment, within or without the territory,
as servants, of boys and girls under the age of sixteen years, and imposing
a fine for the breach of any such regulation. (Native Labour Ordinance,
1923, section 24.)
AUSTRALIA.—In Australia, the Emigration Act of 1910 prohibits
the emigration : (a) of any child (boy under sixteen or girl under eighteen
years of age) who is under contract to perform work outside the Commonwealth, or (b) any child unless in the care or charge of an adult person,
except in pursuance of a permit under the Act. A child is deemed to be
under contract if any agreement or arrangement exists between the child,
or a parent or guardian of the child, and any other person under which the
child is to perform any theatrical, operatic, or other work outside the
Commonwealth.
Applicants for permits under this Act may be required t o give security
as a guarantee that any conditions imposed will be carried out.
AUSTRIA.—The Decree (Kundmachung) of 10 May 1867, which in
principle is still in force, prohibits the issue of a passport to a person who
is not in complete possession of his legal capacity; and adds that a minor
over eighteen years of age may, notwithstanding, receive a passport upon
the application of his father or guardian.
According to the Order of 7 May 1908, the engagement of a person under
eighteen years of age for employment or work abroad can only be effected
if the person concerned, even though still under parental authority, produces
the consent of the Council of Guardians.
Further, by the regulation of 27 June 1921, transport companies are
forbidden to undertake to transport minors under sixteen years of age
unless accompanied by a reliable person (section 7).
BELGIUM : Congo.—In accordance with the Order of 5 November-
LEGAL MINORITY
51
1896, no native child may be taken out of the country by any individual
in whatever capacity without the authorisation of the Governor-General
or his deputy, who must ascertain that the parents agree to the journey
and to the stay of the child abroad. This authorisation is subject to a
deposit for each child as security for the observance of official regulations,
the amount of which is proportioned to the length of the journey and cannot
be less t h a n 2,500 francs.
CHINA.—The Act of 21 April 1918 lays down t h a t a person under
twenty years of age shall not be recognised as an "emigrant worker".
COSTA RICA.—The Act of 28 October 1922 prohibits the recruitment
of minors for employment abroad, unless they have the written authorisation
of their parents.
CZECHOSLOVAKIA.—In accordance with the Emigration Act of
15 February 1922, minors of Czechoslovak nationality who are not accompanied by their parents may only emigrate if they are provided with the
authorisation of the official Councü of Guardians. Minors over eighteen
years of age going to a European country are in principle exempt from this
provision. The Council of Guardians may, however, prohibit the journey
if it considers that the nature of the work to be undertaken or any other
circumstances might be detrimental to the morals or health of the person
concerned. Women under age and boys under sixteen years must be
accompanied to their destination by their father, mother, or a person
over twenty-four years of age who is fully reliable ; the name of the person
who is to accompany the minor and the number of such person's itinerary
card must be mentioned on the minor's passport.
By the same Act, severe penalties are imposed upon any person endeavouring to recruit a minor under eighteen years of age for work abroad
without the consent of the Council of Guardians, or taking such minor
abroad for such purpose (section 2, subsections 4, 5, and 6; and section 34).
GERMANY.—In order to emigrate, and for the purpose of obtaining a
passport, minors must present the authorisation of their parents or legal
guardians. The Order of 14 February 1924 requires t h a t girls under eighteen
years of age shall in addition obtain the consent of the Council of Guardians
(Vormundschaftsgerichl).
This authorisation is, however, not required in
the case of a legitimate child emigrating with its parents, or, where the
marriage has been dissolved, with the parent in whose custody the child
has been placed (section 9).
G R E A T BRITAIN.—The Children (Employment Abroad) Act of 1913
declares it an indictable
offence for any person to procure or cause a child
or young person x , or, having charge of such child or young person, to allow
him or her to go out of the United Kingdom for the purpose of singing,
playing, performing, or being exhibited for profit, without a licence from a
police magistrate. A police magistrate may grant a licence to a young
person to emigrate for such purpose if he is satisfied t h a t the application
for the licence is made by or with the consent of the parent or guardian of
the young person; that the young person is going out of the United Kingdom
in order to fulfil a particular engagement; that the young person is fit for
the purpose; that proper provision has been made to secure the health,
kind treatment, and adequate supervision of the young person whilst abroad
and his return to the United Kingdom at the expiration or revocation of
the licence; and, finally, that a copy of the contract of employment or other
document, showing the terms and conditions of employment, drawn up in
1
A young person ia considered to be any person between fourteen and sixteen years of age.
52
THE BIGHT TO EMIGRATE AND RESTRICTIONS
a language understood by the young person, has been furnished to him or
her. This licence may not be accorded for more than three months, but
may be renewed from time to time for a like period if it is shown t h a t the
conditions of the Act are being complied with.
Colonies.—According to the laws of several British colonies, no native
under sixteen years of age may emigrate under any foreign contract of
service. (Gambia : Native Labour Foreign Service Ordinance, 1913,
section 2 (2) (d); Gold Coast : Regulation of Employment Ordinance, 1921,
section 12 (2) ; Gilbert and Ellice Islands : Labour Regulation, 1915 ; Nigeria :
Native Labour Foreign Service Ordinance, 1916, section 5 (2) (d); Sierra
Leone : Native Labour Foreign Service Ordinance, 1924, section 4 (2) (c).)
The laws of other British colonies provide that no young person (defined
by all excepting Grenada as a child under sixteen years of age) who is not
accompanied by a parent or legal guardian may emigrate to another place
outside the British Dominions, or to any place which the laws of the colony
in question may particularly indicate, without the permission of the
Governor. Barbados : Young Persons Protection Act, 1918; Grenada :
Emigration of Children Ordinance, 1917; St. Lucia : Emigration of Children
Ordinances, 1917 and 1918; St. Vincent : Emigration of Children Ordinance,
1918; Trinidad and Tobago : Emigration of Children Ordinance, 1918.)
The laws of Grenada, St. Lucia, and Trinidad and Tobago further provide
that such permission shall not be granted unless the Governor is satisfied
t h a t such permission will be for the benefit of the child and t h a t the child
will be under proper care and custody in the country to which it is proceeding.
Under the terms of the Emigration Ordinance of 1917 (section 3,
subsection 1) of Ceylon, no emigrant or Indian immigrant may embark on
any ship unless he has completed his seventeenth year.
GREECE.—The Act of 1920 forbids the emigration of children of either
sex, less than sixteen years of age, except in cases where (1) they go with
older relations or brothers of full age, or (2) they are going to join relations
living abroad ; (3) exceptional circumstances exist, and at the discretion of
the Minister of the Interior. In the cases referred to above, and generally
speaking, whenever there is any question of a minor less than twenty-one
years of age going to another country, either the father or the guardian
must put in an application, giving the name of the person who is to accompany the minor.
This provision was rendered executive by a Royal Decree dated
24 September 1920, which, amended by a second Decree dated 18 February
1921, lays down t h a t " t h e emigration of minors of the male sex of sixteen
years of age or less is generally prohibited, whatever the class on the ship
or railway in which they propose to travel. The certificate issued by the
mayor or president of the commune of the person concerned, stating t h a t
the latter has been inscribed on the matriculation register, will be considered
sufficient proof of the year of birth."
GUATEMALA.—The recruitment of young persons under twenty-one
years of age for work abroad is prohibited. (Decree of 20 July 1923, section 3.)
HAITI.—The Act of 28 February 1924, section 13, prohibits the issue
of an emigrant's passport to an individual under eighteen years of age.
HUNGARY.—According to the Emigration Act of 1909 (section 2, ö),
minors who are under parental authority may emigrate without their father
only if they have permission in writing, visaed and approved by the authorities. Those who are under the care of a guardian must have the formal
permission of their guardian and of the Council of Guardians. In either
case they are not allowed to emigrate unless it can be shown t h a t their
support is assured a t the place to which they are going. Women who are
LEGAL MINORITY
53
not yet of age and boys under sixteen may only emigrate without their
parents if it can be shown that, apart from the conditions laid down
above, they are to be accompanied to their destination by an adult person
absolutely worthy of confidence.
INDIA.—The Emigration Act of 1922 provides t h a t the GovernorGeneral may fix the age below which persons of either sex may not emigrate
except as dependants (section 24, g).
As a consequence, it was stipulated in section 22 of the Rules dated
10 March 1923 that a person under eighteen years of age may not be assisted
to emigrate, unless he is accompanied by one of his parents or by his
guardian.
ITALY.—Boys between twelve and fifteen years of age and girls between
twelve and eighteen years of age may only emigrate on the following
conditions : either (1) that they travel in the company of their father, mother,
guardian, brother, or elder sister, or in order to join one of these relatives
abroad, and in such case are in the care of a reliable person who will
accompany them to their destination; or (2) if they are going abroad for the
purposes of employment, that they are in possession of the book x (supplied
by the municipal authority) provided for by Decree No. 1136 dated 5 August
1916, and t h a t they have a contract of employment approved by the consul
after careful examination of the hygienic and moral conditions under which
the work for which they are engaged is to be carried out 2. Further, they
are required to submit a medical certificate of recent date to the effect t h a t
they are physically fit for the work in question. During the journey, they
must be placed in the care of a reliable person, who must give a written
undertaking to look after them. (Decree dated 14 February 1911; Circular
for the enforcement thereof, No. 4280, dated 3 March 1911, and Regulations
dated 6 August 1916.)
Further, the consolidated text of the Emigration Act of 13 November
1919 (sections 11 and 12) states t h a t any person who procures to go, takes,
or sends abroad, a young person below the age of fifteen years for purposes
of work, unless such young person has been presented for medical inspection
and has received a "municipal book" (referred to above) from the municipal
authority, shall be liable to a fine. By the same Act it becomes an offence
punishable by imprisonment (reclusione) to procure to go, or to send, abroad,
or to take charge of for the purpose of conducting abroad, a young person
under fifteen years of age, for employment in occupations detrimental to
health, or for itinerant occupations. The accomplice of any person guilty
of such offence is liable to the same penalty; and, in similar circumstances,
a father or guardian having given his consent is deprived of his paternal
authority or his guardianship, as the case may be.
LATVIA.—A passport may not be issued to a minor under seventeen
years of age, unless he has the consent of his parents or guardian. (Act of
30 March 1926.)
LITHUANIA.—In order to obtain a passport to go abroad, a minor
must submit the authorisation of his parents or guardian. (Instruction dated
18 September 1926, section 3.)
NICARAGUA,—By the Act of 7 February 1923 emigration agents are
1
Circular No. 32 of 29 March 1926 recalled the necessity which exists for a minor to
possess this book by prohibiting, in the case of a minor who is not supplied with one, the
issue of a passport.
2
Cf. also under (ff), p. 55, the special provisions relating to the emigration of women
under age.
54
THE RIGHT TO EMIGRATE AND RESTRICTIONS
forbidden to recruit minors for the purpose of work to be done outside the
national territory.
POLAND.—The Employment Act of 21 October 1921 lays down the
penalties incurred by persons who encourage the unauthorised emigration
of minors. In the absence of an Act dealing with emigration in general,
the measures taken by a Regulation dated March 1926 in relation to seasonal
emigration to Germany may be regarded as indicating the trend of Polish
legislation in regard to these matters. The Regulation referred to makes
it illegal for girls under twenty-one years of age who have not obtained a
special authorisation from their parents and boys under sixteen years of
age to take part in this seasonal emigration *. (Cf. also under (g) below.)
PORTUGAL.—The Decree of 10 May 1919 stipulates t h a t minors under
fourteen years of age may not emigrate unless they are accompanied by
parents, guardians, or reliable persons in whose care they have been placed.
If they are neither accompanied by parents or guardians, nor going to
join them, proof must be forthcoming that their maintenance is provided
for at their destination. Further, the Decree No. 5886 of 19 June 1919
prohibits the issue of a passport to any person who does not offer proof
either that he is of age (twenty-one years), or enfranchised, or t h a t he has
the authorisation of his father or guardian. I n addition, the "portaría"
No. 2521, dated 7 December 1920, renders it obligatory for all minors going
to join their parents abroad to produce such authorisation, duly visaed by
the Portuguese consul.
Colonies.—The Decree of 14 October 1914 to regulate the emigration
of natives under contract lays down that engagements of this nature may
not be entered into by persons under fourteen years of age, although children
under fourteen, years of age may be allowed to accompany parents who
have been recruited. Young persons between fourteen and eighteen years
of age may be recruited only if they have the permission of their parents or
of the person in whose charge they are (sections 5 and 41).
RUMANIA.—The Act No. 1206 dated 11 April 1925 prohibits the
emigration of the following persons : (1) children under seventeen years of
age unaccompanied by their parents, unless they are going to join their
parents and are to travel in the company of a reliable person; (2) minors
between seventeen and twenty-one years of age who have not received
formal permission to leave from their parents or guardian.
SERB-CROAT-SLOVENE KINGDOM.—Separate passports are not
delivered to emigrants under eighteen years of age. An intending emigrant
under eighteen is mentioned on the passport of a member of his family
whom he is to accompany or that of a person authorised by his father,
mother, or guardian, and holding an official certificate to the effect that such
person is in charge of such minor. I t is also forbidden to issue a ticket for
the journey to an individual emigrant under the age of eighteen years.
(Act of 30 December 1921.)
S O U T H AFRICA.—Under the terms of the Native Labour Regulation
Act, 1911 (section 12), a native entering into a foreign contract of service
must be over eighteen years of age.
SPAIN.—In accordance with the consolidated text of the Act of 20 December 1924, minors unaccompanied by their parents or guardians are only
allowed to emigrate with the consent of their parents, guardians, or the
1
Communication from the Polish Government, dated March 1926. Cf. also Supplement I.
SEX
55
person in whose charge they are. However, the Regulation of the same date
for the application of the said Act empowers emigration inspectors upon their
own responsibility to exempt emigrant minors from the need for such consent,
in cases where the latter are leaving in order to join parents who have
already emigrated, or for any other sufficient reason. The inspectors are
also empowered to oppose the emigration of a minor under twenty-five
years of age if he has reason to suspect that such emigration is for the
purpose of any traffic punishable under the Acts for the protection of young
persons. Special provisions exist relating to the emigration of girls 1.
A Royal Decree promulgated on 18 May 1912 putting into force again
the previous decrees dated 13 November 1900 and 24 January 1908, imposed
severe punishments upon persons endeavouring to recruit minors irregularly
for abroad, by obtaining under false pretences the authorisation of their
parents. Fines were also provided for in the case of parents allowing their
children to be exploited.
The recruitment of children under fourteen years of age was rigorously
prohibited; and provincial authorities were instructed to exercise strict
supervision over the recruitment of-young persons and to verify each
individual case of a young emigrant not in possession of paternal authorisation. Finally, it was laid down that Spanish officials abroad and even
private individuals should notify any doubtful case of a child emigrant
to the Higher Council for Child Protection, which would transmit such
notification to the Ministry for Foreign Affairs. Should the case be t h a t
of a child under ten years of age, such child should be immediately detained
and handed over to the competent Spanish official.
SWITZERLAND.—The Swiss Federal Law of 1888 forbids emigration
agents to arrange for the departure of minors without the written permission
of the father or guardian, given in due legal form. Minors under sixteen
years of age have moreover to be accompanied by reliable persons, and
proof must be forthcoming that their maintenance is assured in the place
to which they are going.
UNITED STATES : Philippine Islands.—The Director of Labour
may not permit the recruiting of minors under fifteen years of age; and
minors under eighteen years may not be recruited without the consent of
their parents or guardians. (Act No. 2486 of 5 February 1915, section 6.)
Porto Rico.—The emigration of native workers under sixteen years of
age is absolutely prohibited unless they are accompanied by their father
or legal guardian. (Act of 29 May 1919, section 5.)
(g)
SEX
I t has been shown in the preceding section t h a t the application
of special provisions for the regulation of the emigration of
minors is frequently prolonged in the case of female persons.
Freedom of movement of married women is in some cases
impeded by various regulations intended to protect them against
the dangers of the white slave traffic, as well as by measures
based upon the condition of legal incapacity to which married
women are still reduced by the Civil Codes of many countries.
1
Cf. below, under heading (g).
56
THE BIGHT TO EMIGRATE AND RESTRICTIONS
Thus, as a general rule, a married woman is compelled t o produce the authorisation of her husband in order to obtain a passport
in a n y of t h e countries where marital authority exists; as t h e
law makes it her d u t y to remain under her husband's roof, she
m a y not leave, it without his consent. Further, t h e emigration
laws of these countries explicitly lay down t h a t a married woman
emigrant, travelling alone, must be in possession of such consent,
although there are cases in which this is not called for if she is
going to rejoin her husband. Such cases are, however, rare.
On the other hand, in countries where marital authority is
non-existent, or is interpreted less strictly, marriage has the
effect of emancipating a woman; and a married woman who is
a minor requires no authorisation in order to obtain a passport.
I n some instances, women who would leave behind t h e m
children under a certain age are forbidden to emigrate.
I n quite a number of cases an unmarried woman under twentyfive years of age, even though no longer under paternal authority,
is forbidden to emigrate without the permission of her parents
or unless she is accompanied by a reliable person; in others the
authorities are empowered to prevent her emigration if there
is reason to believe t h a t she may be a victim of the white slave
traffic. Penal sanctions are sometimes provided for in the case
of persons assisting women of whatever age to emigrate for an
immoral purpose.
On the other hand, there are cases in which certain specified
authorities are empowered t o exempt women, even though
married, from the necessity of producing any such authorisation.
The recruitment of women for employment abroad is prohibited
in certain countries, or is made subject t o t h e authorisation of
husband or p a r e n t s ; or a stipulation is made t h a t a woman so
engaged must be accompanied b y an adult member of her family.
A married woman is in some instances allowed to accompany
her husband who has been recruited for work, even when it is
prohibited to recruit the woman herself for such purpose.
Married women going to rejoin their emigrant husbands are,
like children going to rejoin their parents, favoured b y t h e
regulations of all countries in respect of t h e composition of t h e
quota of migrants admissible in the United States. I n some
countries it is compulsory for a group of workers engaged
SEX
57
collectively to include a certain proportion of persons accompanied by their wives, or a certain proportion of female workers.
AUSTRALIAN MANDATED TERRITORY : N e w Guinea.—The
recruitment of native women and girls for abroad is prohibited. A native
woman may only be taken out of the territory if she travels as a passenger,
and on condition that she is accompanied by her husband or natural
protector, and that she has obtained the written authorisation of the
authority for the district t o which she belongs. (Native Labour Ordinance,
No. 15, dated 24 March 1922, sections 12 and 14.)
B R I T I S H MANDATED TERRITORY : Tanganyika.—It is
forbidden to employ women outside the territory; nevertheless the wives
of recruited workers (one each) may be allowed t o accompany the latter.
(Form of Foreign Contract of Service, attached to Native Labour Ordinance
No. 32, dated 23 November 1923.)
CZECHOSLOVAKIA.—The Hungarian Act No. 36 of 1908, which is
still in force in certain parts of Czechoslovakia, lays down in section 45
t h a t procuring constitutes a crime, whatever the age and conduct of the
woman concerned, as from the time when the victim is taken abroad. The
penalty for such crime is imprisonment for a period u p to five years, together
with a fine of from 1,000 to 5,000 crowns. Should the offence be repeated,
the penalty is to be doubled. Further, by the Emigration Act of 15 February
1922 (section 35) a person recruiting, or endeavouring to recruit, women,
in order to take them abroad for an immoral purpose, either for his own
profit or that of others becomes liable to a penalty of from six months' t o
five years' imprisonment under conditions of the utmost severity, with a
fine not exceeding 100,000 crowns. When the crime has been committed
in respect of a woman of irreproachable morals, the punishment may include
up to ten years' imprisonment in a cell under conditions of the utmost
severity. Complicity in any such crime is also punishable by very heavy
penalties 1 .
GERMANY.—It should be pointed out t h a t certain of the provisions
relating to the protection of minors cited in the foregoing section really
affect only minors of the female sex. The authorities for the issue of
passports and the visas thereon are called upon, before issuing such passport
or visa to a girl under eighteen years of age, to require the authorisation of
the Council of Guardians, as laid down in section 9 of the Order dated
14 February 1924. (Circular dated 4 J u n e 1924 concerning the enforcement
of section 13 of the Order relating to passports dated 10 June 1919.)
Further, in cases where girls of whatever age desire to go abroad in order
t o take part in a theatrical or artistic tour, the said authorities have to
enquire whether any reason exists which would justify the raising of an
objection t o the projected journey, either in respect of the impresario
personally, or in view of the nature or prospects of the undertaking. Should
a minor of the female sex and her legal representative, notwithstanding any
objections which may have been raised insist upon her receiving a passport,
the matter may be referred to the Council of Guardians ; in the case of a
girl of full legal age, the passport can only be definitely refused if the refusal
is justified according to the general provisions relating to passports
(cf. section 52 of the Circular cited above).
A married woman who is a minor is not required to possess any authorisation in order to obtain a passport ; she has only to comply with the formalities required of emigrants in general. However, section 48 of the Act of
1
Cf. also, under heading ()) »bore, provisions relating to women under age.
58
THE RIGHT TO EMIGRATE AND RESTRICTIONS
9 June 1897 provides for the infliction of very heavy penalties upon persons
who entice women, without distinction of age, to leave the country upon a
false pretext of employment abroad, in order to induce them to engage in
prostitution. Such persons, in addition to a sentence of five years'
imprisonment, are deprived of their civil rights and are liable to a fine of
from 150 to 6,000 marks.
GREAT BRITAIN.—-The criminal law, as amended by the Acts of
1885, 1912, and 1922, makes certain provisions for the protection of women
and girls, which may to a certain extent be considered as having a bearing
on migration. Any person endeavouring to recruit a woman or girl with
a view to her engaging in prostitution, either within or without the possessions
of the United Kingdom, or endeavouring to persuade a woman or girl to
leave the United Kingdom for such purpose, is declared to be guilty of an
offence. Moreover, the London County Council obtained special powers
from Parliament in 1910 {London County Council General Powers Act, 1910),
for the strict supervision of employment agencies, including those for
recruiting women and children for abroad. Every agency must obtain a
licence from the County Council, which may refuse to renew or to grant a
licence if it considers t h a t the holder or the offices of the agency are unsuitable or that the agency is or has been suspect. No agent may recruit
women for abroad unless in possession of information, obtained from a
responsible person or society or from other sources worthy of confidence,
indicating the satisfactory nature of the proposed work. No agent may
make proposals or conclude arrangements for employing abroad women
under sixteen years of age unless he has previously obtained the consent
of their parents or guardians, and unless he has himself ascertained t h a t
suitable steps have been taken for the well-being of such persons during
their engagement and, after the latter has terminated, for return to their
own country; and t h a t the recruitment is allowed by the law of the
country where the work is to be performed.
The Foreign Office also takes special precautions in the case of women or
young girls who desire to emigrate. Every application has to be personally
supported by a responsible person, and all applications are the subject of
very careful scrutiny. Except in the case of a passport required for a short
holiday abroad, it is necessary to provide a certificate of the relatives living
abroad, or, in the case of a person recruited for work abroad, a certificate
of the employers. For young girls under eighteen years of age, the passport
is only issued on the receipt of the written agreement of her parents or
guardians.
Colonies.—In the Gilbert and Ellice Islands, it is provided t h a t no
native female may emigrate under contract of labour outside the Protectorate.
(Labour Regulation, 1915.)
G R E E C E . — I n accordance with the Royal Decree of 24 September, 1920,
as amended by t h a t of 18 February 1921, the emigration of women and of
minors of the female sex over sixteen years of age is not allowed unless
they are accompanied by a husband, father or mother, elder brother,
uncle, son, son-in-law, brother-in-law, or other near relation; or unless
they are invited by such persons or by their prospective husbands living
in the country where they wish to go, who will expressly guarantee their
protection by a specific declaration to be made either before the local
authorities and legalised by the Greek Consul, or directly before the Greek
Consular Authorities.
The emigration of an adult woman may be authorised without previous
declaration if, in the view of the Minister of the Interior, there are exceptional
reasons for so doing.
GUATEMALA.—A woman may not be recruited for work abroad
except with her father or husband. (Decree dated 20 J u l y 1923, section 7.)
SEX
59
HUNGARY.—In addition to the general provisions of the Emigration
Act, 1909, concerning minors of the female sex l , the Order No. 220-902
of 1924, promulgated on 27 June 1925, deals with the issue of passports
for abroad to girls or women between twelve and forty years of age. With
a view to the suppression of the white slave traffic, the passport authorities
are instructed not to issue passports on any pretext whatever to girls or
women between twelve and forty years of age, intending to travel t o any
European country, if there is any reason to suspect t h a t their engagement
may exercise an undesirable influence upon their morals. A woman or
girl coming within the aforesaid category may receive a passport only upon
presentation of a certificate issued by a Hungarian diplomatic mission or
a foreign mission entrusted with the representation of Hungarian interests
abroad, specifying the nature of the employment offered, testifying that
the undertaking concerned is of good repute, and stating in addition that
the salary or wage of the person to be employed will be regularly paid, and
t h a t the moral character of the employer or of the firm is beyond reproach.
Severe penalties are imposed by the Hungarian Penal Code (section 44
of the Act No. X X X V I of 1908) upon persons inciting women to emigrate
for an immoral purpose.
INDIA.—Emigration agents are forbidden to assist women to emigrate
for the purpose of unskilled work, unless they are accompanied by a relative
over eighteen years of age.
On the other hand, the total number of unmarried men or men unaccompanied by their wives who may be assisted to emigrate to any one country
in any one year must not exceed one to every five persons over eighteen
years of age so emigrating. Notwithstanding, the Governor may exempt
any specified country, or may modify the ratio fixed by the Rules. (Rules
of 10 March 1923, sections 22 and 23.)
ITALY.—By Decree No. 1201. dated 25 March 1923, relating to the
repression of the white slave traffic, persons procuring a minor of the female
sex (section 1) or a woman of full legal age (section 2) for an immoral traffic
become liable to the penalties laid down in sections 335 and 345 of the Penal
Code for corruption of minors or inciting minors to debauch ; these penalties
to be increased by one-third when the offence is committed with a view to
inducing the victim to engage in prostitution abroad. Section 6 of the
same Decree provides for special supervision of employment agencies for
women seeking employment in Italy or abroad.
By a Circular dated 29 November 1924, issued by the CommissionerGeneral of Emigration, officials entrusted with the issue of passports were
instructed to keep strict watch over all applications for passports received
from marriageable girls unaccompanied by their parents, and desiring to
go to South America for a purpose other than that of joining relatives there.
I n the case of girl applicants who state that they are going to join their family,
their statement must be supported by an affidavit. Those who apply on
the ground t h a t they are going to marry their fiancé must produce the
documents which will be required for the purpose of celebrating the marriage
in due legal form; failing which, the passport will be refused.
JAPAN.—By an Order dated 3 February 1893 concerning measures
to be taken to prevent women being conveyed abroad for an immoral
purpose, the Governor of each province is instructed to do everything which
lies in his power to oppose the emigration of women who have been incited
to leave the country under false pretence of employment abroad by a
trafficker whose actual intention is to recruit them for the purpose of
prostitution.
1
CI. also under heading (f) above.
60
THE RIGHT TO EMIGRATE AND RESTRICTIONS
N E T H E R L A N D S : E a s t Indies.—For the purposes of work to be
undertaken abroad or in the "exterior possessions " (that is to say, in any
other islands belonging to the Netherlands in the Indian Ocean) a person
recruiting labour in Java or Madura is forbidden to engage a married woman
under any contract without the consent of her husband. The Governor is
competent to establish a proportion of men to adult women for certain
countries or regions. (Ordinance No. 613 of 14 September 1914, sections 3
and 14.)
NICARAGUA.—The Act of 31 January 1923 dealing with the engagement of workers for employment abroad, promulgated by the Decree
of 7 February 1923, prohibits the recruitment of women for employment
outside the country.
P O L A N D l . — I n accordance with Circular No. 95, dated 27 August 1924,
concerning the issue of passports to young women and girls, and with the
Instructions dated 23 December 1926, the authorities entrusted with this
duty must require all applicants who are of full age, and, in the case of
minors, their parents or legal guardians on their behalf, to produce documents
in support of the reasons they give for wishing to go abroad, e.g. a duly
certified letter from relatives domiciled abroad and inviting the person
concerned to join them, or a letter from a foreign undertaking by which
the girl or young woman had been engaged, t h e offer of employment being
confirmed by a State employment agency. Further, if the intending emigrant is a minor, information must be given as to the arrangements made
for her protection during the journey.
The passport authorities are further instructed to draw the attention of
girls and women going abroad to the dangers to which they will be exposed
in leaving their country, and informing them of the protection which they
will be able to obtain in case of need, either from local authorities or from
social institutions for the protection of women.
I n case of any attempt on the part of girls or women to pass the frontier
by irregular means, the police authorities entrusted with the verification
of passports are required t o give particular attention to the passports and
documents submitted by such persons, with a view to ascertaining whether
they are authentic.
P O R T U G A L . — B y the Decrees of 10 May and 19 June 1919, it is provided
t h a t a married woman who wishes to emigrate must obtain the authorisation
of her husband or produce proof of a legal separation; an unmarried woman
under twenty-five years of age is forbidden to emigrate if, being unaccompanied, there is reason to believe t h a t she may be going for an immoral
purpose. By an Order No. 2232 dated 8 April 1920, women coming under
the aforesaid category may emigrate only if they produce a document duly
visaed by the consular agent in the country of destination, certifying t h a t
the persons to whom they are going are respectable and t h a t the establishments in which they are t o be employed are of good repute.
Colonies.—In Mozambique the modus vivendi of 14 November 1925
concluded between Mozambique and the Islands of St. Thomas and Principe
regarding the recruitment of native workers in Mozambique only stipulates
the number of male workers who may be recruited annually. However,
25 per cent, of the number fixed may consist of married men accompanied
by their wives and children, who may be included in the same contract of
service and may not be separated from the head of the family, either during
the period of the contract or for the purpose of repatriation (Basis 4). Special
conditions are laid down in respect of the employment of women (Bases 6
t o 9).
1
Cf., Supplement I : Decree dated 11 Oct. 1927.
SEX
61
I n Angola, in accordance with the agreement concluded on 28 April 1926,
between Angola and the St. Thomas and Principe Islands, women may also
be recruited individually in Angola for the purpose of work on agricultural
properties in the Islands of St. Thomas and Principe. Decree No. 108 dated
19 June 1926, approving the bases of this modus vivendi, stipulates that
the Governor of Angola shall fix annually the number of women who may
be engaged in this way (section 3).
RUMANIA.—Emigration is forbidden in the case of : (a) unmarried
women under twenty-five years of age, when persons accompanying them
are known to be of bad conduct ; (b) married women of any age who cannot
produce the authorisation in due legal form of their husbands, or who, even
when such authorisation is forthcoming, would leave children under fifteen
years of age (boys or girls) behind them. (Act dated 11 April 1925 and
Regulation dated 22 June 1925.)
SERB-CROAT-SLOVENE KINGDOM.—Licensed emigration agencies
are required to notify to the Emigration Department any suspected case in
which there is reason to fear that a woman or girl is emigrating with a view
t o engaging in prostitution abroad; and, pending the decision of the
Emigration Department, the agency is forbidden to hand over the ticket for
the journey in question. (Regulations dated 30 July 1923, section 16.)
SPAIN.—A married woman desiring to emigrate must obtain the
authorisation of her husband, unless she is going to join him, or unless she
is exempted by the emigration inspector in consequence of her having
adduced some good and sufficient reason for emigrating.
Unmarried women over twenty-five years of age, widows, and married
women who have obtained a decree of divorce have to comply with the same
formalities as ordinary emigrants. Unmarried women, however, even if
they are no longer under paternal authority, must, if they are under
twenty-five years of age and unless they are orphans, obtain the consent
of the parent (father or mother) with whom they live. The emigration
of women coming under this category may be prevented if, being
unaccompanied by their father, mother, a relative or some reliable
person, there are reasons for believing that they may be victims of a traffic
punishable by law. (Codified Text of the Emigration Acts, dated 20 December 1924, section 5, and Regulation of the same date, sections 5 and 9.)
I t should be noted, further, t h a t the Act of 21 July 1924, amending
sections 456 and 459 of the Penal Code, lays down that individuals seducing
or assisting to seduce a minor of the female sex with a view to her engaging
in prostitution, whether upon the national territory or abroad, are liable to
imprisonment, while persons seducing or assisting to seduce women of full
legal age, with similar purposes in view, are liable to lighter penalties.
SWITZERLAND.—By the Swiss Federal Act of 30 September 1925 a
person found guilty of participating in the white slave traffic becomes
liable to a penalty of up to three years' imprisonment (réclusion), if the
victims have been taken abroad. The offender is further liable to a fine
not exceeding 20,000 francs.
It should be noted that the Penal Code of Neuchâtel makes it a punishable
offence to abduct a minor of the female sex for the purpose of transporting
her to a foreign country with a view to engaging in prostitution (section 335).
The law of Zurich, which makes the trade of procuring a punishable
offence (section 120), contains a special provision punishing the seduction
of and traffic in women with a view to their engaging in prostitution.
(Message from the Federal Council to the Federal Assembly regarding the
adhesion of Switzerland to Conventions relating to the White Slave Traffic,
dated 25 November 1924.)
62
THE BIGHT TO EMIGRATE AND RESTRICTIONS
U N I T E D S T A T E S . — B y the Act of 25 June 1910, relating t o t h e
white slave traffic (36 Stat., L. 825), it is laid down that a person who
transports, or assists in transporting, a woman or girl to a foreign country
for an immoral purpose, or who induces or compels such woman or girl t o
leave with such object in view, is guilty of a felony. The penalty is heavier
in a case where the victim is under eighteen years of age.
(h)
O L D A G E AND I N V A L I D I T Y
With a view to avoiding the possibility t h a t their nationals
m a y become destitute abroad, with t h e result t h a t t h e y will have
t o be either repatriated or supported in the country where t h e y
are, emigration is forbidden by m a n y countries in t h e case of
persons who, in consequence ef their age or physical condition,
are incapable of work, or might shortly become unable to provide
for themselves.
Nevertheless, b o t h aged persons and invalids are frequently
exempted from t h e effect of such prohibition if it can be shown
t h a t t h e y have sufficient private means, or t h a t their maintenance
is suitably provided for in the country of destination.
B E L G I U M : Congo.—The Decree of 14 August 1922 lays down t h a t
a native, in order to obtain his passport, must produce a medical certificate
attesting his fitness to bear the journey and t o reside in the country to which
he desires to go.
CHINA.—The Emigration Act of 1918 stipulates t h a t only persons under
forty years of age and who enjoy good health are to be considered as "emigrant workers".
CZECHOSLOVAKIA.—The Act of 15 February 1922 (section 2)
prohibits the emigration of persons who are unable to earn their living by
reason of advanced age and of those who are unable to work on account of
sickness or infirmity, unless proof is forthcoming t h a t their maintenance is
adequately provided for at the place of destination.
DENMARK.—In accordance with section 29 of the Regulations of
28 March 1870, the inspecting doctor has to prevent the departure of any
persons who, in consequence of organic weakness or invalidity, would be
unable t o bear the fatigue of the journey.
GREAT BRITAIN : Colonies.—The laws of some of the British
colonies provide that a public magistrate shall not grant a certificate of
emigration to a native unless he is reasonably satisfied t h a t the applicant is
physically fit to perform the work for which he desires to engage himself.
(Gambia : Native Labour Foreign Service Ordinance 1913, section 2 (2) (a) ;
Nigeria: Native Labour Foreign Service Ordinance 1916, section 5 (2) (a);
Sierra Leone: Native Labour Foreign Service Ordinance 1924,section 4 (2) (a) ;
Solomon Islands : Solomons Labour Regulations 1921, section 24.)
In the Straits Settlements, every labourer who enters into a contract
t o take part in any exhibition or spectacular performance shall before he
SICKNESS
63
emigrates be certified by a duly qualified medical practitioner as fit to
perform his obligations under the contract. (Labour Ordinance, 1926,
section 200, c.)
POLAND.—Cf., in Supplement I, the Decree of 11 October 1927.
P O R T U G A L . — T h e Decree of 10 May 1919 forbids the emigration of
persons suffering from sickness or infirmity which renders them unfit for
work in the country to which they are going, unless they can prove that their
support is assured in that country.
Decree No. 5624, dated 10 May 1919, together with the Regulations for
its application No. 5886, dated 19 June, prohibited emigration in the case of
persons over sixty years of age and not provided with a contract of work
unless they could prove, by a document duly certified by a Portuguese
consular agent, that their support was absolutely guaranteed in the country
of destination. Decree No. 7957, dated 31 December 1921, amends the
preceding ones in the sense that it authorises the emigration of persons aged
sixty years, leaving in the company of some member of their family who
is to afford them elementary assistance ; and persons of that age leaving for
abroad and travelling by rail or steamer in second class, first class, or de luxe
are exempted from the necessity of producing the document referred to
above.
'
Colonies.—The Decree of 14 October 1914 to regulate the emigration of
natives under contract declares that engagements of this kind may not
be entered into by persons over sixty years of age or by invalids (section 5).
The captain of a vessel by which they have arranged to travel is required
to prevent the embarkation of any emigrant suffering from rickets or
unable to work on account of physical weakness (section 144).
RUMANIA.—The Act of 11 April 1925 prohibits emigration in the
case of aged persons and infirm persons unable to work, except in cases
where they can prove by means of official document that their maintenance
is assured a t their destination by the persons who have invited them
(section 7).
SWITZERLAND.—The Act of 22 March 1888, section 11, prohibits the
departure of persons who, by reason of their advanced age or of infirmity,
are incapable of working, unless it can be proved t h a t their support is
sufficiently assured in the place to which they are going. With regard to
persons placed under the care of a guardian, the written consent of t h e
guardian, given in due legal form, must be produced.
U N I T E D S T A T E S : P o r t o Rico.—The emigration of native workers
over seventy years of age is absolutely forbidden, unless they are accompanied by their children or other members of their family. (Act for the
Regulation of Emigration, approved 29 May 1919, section 5.)
(i)
SICKNESS
T h e e m i g r a t i o n of sick p e r s o n s is p r o h i b i t e d in a l a r g e n u m b e r
of c o u n t r i e s . A s will b e seen l a t e r , in C h a p t e r V I I I , § 4,
e m b a r k a t i o n is often p r e c e d e d b y a m e d i c a l e x a m i n a t i o n ; i n
other
medical certificate or a certificate of vaccination
is required before the passport is issued.
I t may also be remarked t h a t some of the measures taken t e n d
64
THE RIGHT TO EMIGRATE AND RESTRICTIONS
to adapt the legislation of the country of emigration to that of
the country of immigration, and thus to avoid the return by the
latter of persons inadmissible on account of ill-health. Thus, in
accordance with the United States' quarantine regulations,
countries of emigration have in frequent instances agreed to
allow an American doctor to effect the medical examination
which is required in the case of all passengers to the United
States at the port of emigration, thus avoiding the necessity for
the persons examined to undergo quarantine on arrival.
BELGIAN M A N D A T E D T E R R I T O R Y : R u a n d a - U r u n d i . — I n order
to obtain an exit passport, natives of the territory, as also those belonging to neighbouring Belgian colonies and emigrating via the RuandaUrundi territory, must prove that they have complied with the provisions
laid down in the Regulations of the sanitary police authorities. (Decree
dated 19 July 1926, sections 4 and 5.)
BELGIUM.—The Act of 14 December 1876 prohibits the embarkation
of any emigrant who is seriously ill or has symptoms of a contagious disease.
Congo.—The Decree of 14 August 1922 on the emigration of natives
stipulates that, in order to obtain a passport, a native must prove that he has
complied with the provisions laid down in the Regulations of the sanitary
police authorities.
CHINA.—The indispensable conditions established by the 1918 Act
include one by which it is stipulated that, in order to be considered as an
"emigrant worker", an individual must be free from any infectious disease.
CZECHOSLOVAKIA.—Before leaving the place in which b e is domiciled,
a n emigrant must obtain a certificate from a competent medical officer,
testifying t h a t he has not come from a contaminated region and that he is
not suspected of any infection.
DENMARK.—In accordance with section 29 of the Regulations relating
t o the transport of emigrants, dated 28 March 1870, the inspecting doctor
is required to prevent the departure of any passengers suffering from
contagious disease or disease affecting the brain.
F R A N C E . — I t is forbidden to receive on board any ship a passenger
suffering from serious or contagious illness. (Decree dated 9 March 1861,
section 9.)
Algeria.—By the Decree of 4 August 1926, an Algerian native leaving
in order to work in Prance is required to produce, at the time of his embarkation, a medical certificate testifying that such native is not suffering from
a n y contagious disease and has been vaccinated within the last five years.
Morocco.—A native Moroccan worker desiring to emigrate to France
must possess a medical certificate, testifying that such native is free from
a n y contagious disease (venereal diseases, tuberculosis), that he has been
vaccinated, and t h a t he is physically fit for work in France. (Circular No. 15
dated 13 August 1923 and Circular No. 15 dated 7 March 1925.)
GREAT BRITAIN.—Any person who is in a condition likely to
endanger the health or safety of the other persons on board must be
relanded.
LACK OF RESOURCES EITHER ON ARRIVAL OR ON DEPARTURE 6 5
ITALY.—The Regulations of 1901 forbid the embarkation of any person
who, by reason of being either sick or convalescent, may endanger the health
or safety of the other passengers. Moreover, embarkation is preceded
by medical inspection, when persons suffering from contagious diseases are
excluded from the passenger list, as are any persons whose condition of
health is such t h a t they would be refused admission in the country of
destination.
NETHERLANDS.—Emigrants who, according t o the written declaration of a competent doctor, are suffering from a contagious disease, must
not be allowed t o embark. Should such disease develop after embarkation,
but before the departure of the ship, persons declared by the doctor to be
affected must be relanded. (Order dated 27 November 1865 as amended
by Orders of 30 September 1869 and 21 July 1875, section 19.)
E a s t Indies.—A person recruiting labour in Java or Madura for work
abroad must a t his own expense arrange for a doctor to ascertain that the
persons recruited are physically capable of performing the work for which
they have been engaged, and must obtain a certificate to that, effect. He is
further required to reconduct to their homes any recruits who are found
t o be physically unfit. (Ordinance No. 613, dated 14 September 1914,
sections 9 and 10.)
PORTUGAL : Colonies.—The Native Labour Decree dated 14 October
1914 for the regulation of the emigration of natives under a contract of
service lays down that such engagements m a y not be entered into by
sick persons. The captain of a ship must refuse t o take on board any
emigrant found to be suffering from a contagious disease (section 144).
RUMANIA.—The Act of 11 April 1925 forbids the emigration of persons
suffering from contagious diseases.
SPAIN.—The Spanish regulations forbid the embarkation of any
emigrant suffering from a contagious disease even if the ship has left a
Spanish port and has reached an intermediate port ; the travelling inspectors
and medical officers for emigration are required to see that this provision is
enforced. The same officials have also t o see t h a t persons whose condition
of health would entail their exclusion from the country of destination are
not allowed t o embark either a t the port of departure or in a port of call.
(Instructions for travelling inspectors and medical officers for emigration
dated 6 February 1925, sections 8 t o 10.)
(j)
L A C K O F R E S O U R C E S EITHER ON ARRIVAL
OR ON D E P A R T U R E
The measures relating to the emigration of persons without
means are conceived in the same spirit as those which concern
sick, infirm, and aged persons. Further, in order t o avoid t h e
possibility of their nationals becoming destitute abroad and
having in consequence to be repatriated a t t h e expense of t h e
State, t h e majority of countries take steps to prevent t h e
d e p a r t u r e of persons who lack sufficient resources or who h a v e
n o t assured and adequately remunerated work in view at their
destination.
6
66
THE RIGHT TO EMIGRATE AND RESTRICTIONS
A passport is frequently not issued until a sum of money,
sufficient to cover the cost of possible repatriation of the emigrant,
has been deposited either by the person concerned or by the
person engaging him, by way of guarantee. In some instances,
the emigration of persons who have already been repatriated
once at the expense of the State is forbidden.
The policy of Great Britain, on the other hand, has for a long
time been that of affording assistance to her nationals who are
without means, with a view to helping them to settle in her
Dominions or colonies. Since the middle of the nineteenth
century, the Poor Laws have provided for public money to be
made available for this purpose; and some of the measures
introduced by these laws have been put into force again of late
years (cf. Chapter VI, § 5, "Assisted Emigration").
BELGIAN MANDATED TERRITORY : Ruanda-Urundi.—An
exit passport is not issued to a native of the territory unless he has in his
possession a contract of service to be executed outside Ruanda-Urundi, duly
approved by the authorities, and unless the amount of money fixed by the
Governor to be deposited in cash as a guarantee has actually been deposited
by the employer, and the personal t a x which has to be paid in respect of
every native recruited has actually been paid. The sum deposited as
guarantee is intended partly to provide for medical assistance for the native
abroad and for his repatriation in case of necessity.
The Government may, however, empower officials entrusted with the
issue of passports to accord exemption in certain specified cases from the
necessity of submitting a contract of service and from payment of the usual
guarantee; in these cases, however, the competent officials are to ascertain,
so far as this is possible, that the native is certain of finding satisfactory living
conditions in the country of destination. (Decree dated 19 July 1926, sections 5 and 11.)
FRENCH MANDATED TERRITORY : Cameroons.—For the
purpose of obtaining permission to emigrate—which in every case is individual in character and may to a certain extent be regarded as exceptional—
natives are required to deposit a sum of 500 francs by way of guarantee;
this sum is repayable to them upon their return. (Decree of 9 July 1925,
section 3.)
Syria and Lebanon.—By Order No. 2975 of 4 December 1924, it is laid
down that no emigrant may receive a passport unless his application is
accompanied by (a) an attestation executed by the French consul in the
country to which the emigrant proposes to travel, specifically stating that
the applicant is invited by a person who is solvent, and who will either give
the applicant work or will provide for his needs and for those of the members
of his family who are to accompany him, and (b) a receipt in respect of
payment of a sum of money equal to the cost of the journey one way for
the emigrant and those who are to accompany him. This sum is intended
to cover the cost of the return journey in case of necessity and is repayable
in its entirety to the emigrant upon his request, either at the expiration of a
period of three years, or prior to the expiration of such period if the emigrant
has in the meantime returned to Syria or Lebanon.
The local authorities entrusted with the issue of passports are held
LACK OF RESOURCES EITHER ON ARRIVAL OR ON DEPARTURE 6 7
responsible in respect of both penal and civil provisions, if they fail to
demand the above-mentioned documents.
B E L G I U M : Congo.—Before a native can obtain permission to
emigrate, he, or some other person on his behalf, has to deposit a sum of
money as a guarantee. This deposit, the amount of which is fixed in each
individual case by the authorities designated for t h a t purpose by the ViceGovernor of the province to which the native belongs, is intended to cover,
in case of necessity, maintenance and medical expenses for the native
outside the colony, and the cost of repatriating him, as well as to ensure the
maintenance of persons dependent upon him who are left by him in the
colony. When the amount of such guarantee is deposited by a person
recruiting labour or by an employer, such person or employer must also
guarantee the payment of any sums due upon any account whatever by
the person taking or sending the native out of the colony. (Decree relating
to the Emigration of Blacks, 14 August 1922, sections 3, 6 and 7.)
CHINA.—The Act of 1918 lays down that emigrant workers recruited
directly must obtain approval of their contract by the Emigration Office.
I n making application for such approval, workers are required to state the
name of the country to which they are going and to specify the locality in
which they are to be employed, the name of the organisation which is to
employ them, and the nature of the work they are to undertake.
CZECHOSLOVAKIA.—The Act of 15 February 1922 prohibits the
emigration of persons who, after having paid their fare, would arrive a t
their destination without resources (section 2, d).
F R A N C E : Algeria.—By the Decree of 4 August 1926, Algerian natives
desiring to proceed to France in order to work must, before they are allowed
to go on board, produce proof t h a t they possess a certain sum of money
sufficient to assure their maintenance until they can obtain work.
Colonies.—Every emigrant native must possess a permit to embark
issued by the Governor, failing which the captain of a ship must not allow
him to go on board. Permits to embark are only issued upon presentation
of an engagement in satisfactory legal form, guaranteeing that the natives
engaged shall be given employment which will enable them to earn enough
to provide for themselves in the country to which they are going. (Dahomey :
Decree of 14 October 1902 and Order of 10 May 1903 ; Ivory Coast : Decree
of 25 October 1901; French Congo : Decree of 2 July 1901; Guinea : Order
of 30 March 1903.)
In Dahomey, the permit to embark natives recruited collectively is issued
upon the application of a recruiting company or agency, which must deposit
with the administrative authorities in advance an amount equivalent to the
cost of repatriating to Dahomey the natives engaged by such company or
agency. The deposit is repaid in the event of a definite return to the colony
of the emigrants and upon proof being given of the return of the persons
recruited and of the fulfilment of their contract. (Order of 10 May 1903.)
In Guinea, a native desiring to leave must himself deposit a sum of money
sufficient to ensure his repatriation, before he can obtain a permit to depart.
(Order previously cited.)
G R E A T B R I T A I N : Colonies.—In Jamaica and the Islands of
St. Vincent and St. Lucia it is provided that a person may not obtain a
permit to leave the colony until he has satisfied the authorities that he is
possessed of independent means sufficient to remove all risk of his having to
be repatriated a t any time a t the cost of the colony, or that he or the
recruiting agent has deposited in the treasury of the colony a sum sufficient
to cover that risk, or unless he has already made the place to which he is
68
THE RIGHT TO EMIGRATE AND RESTRICTIONS
going his temporary home, or is carrying on business there. (Jamaica :
Emigrants Protection Act, 1924 ; St. Lucia : Emigrants Protection
Ordinance, 1916; St. Vincent : Emigrants Protection Ordinance, 1924.)
I n the Seychelles Islands, according to the Foreign Employment Ordinance,
1909, no servant may proceed to any other colony or place unless he or some
other person on his behalf has deposited in the treasury a sum sufficient
to cover the cost of his repatriation.
HUNGARY.—The Act of 1909 forbids the emigration of persons who
cannot show, at the port of embarkation, that they are in possession of a sum
of money sufficient to enable them to reach their destination, and of persons
who, having previously been repatriated at the expense of the State, have
not yet reimbursed the moneys so expended (section 2, subsections / and i).
ITALY.—Italians emigrating upon the continent are usually required t o
possess a contract of employment 1 either in pursuance of the conditions of
entry to the country of destination, or in pursuance of labour treaties
concluded between Italy and the principal European countries of immigration
{cf. Volume I I I , Chapter IV, § § 3 and 4) or in order to avoid indirect
emigration.
The last-named motive is particularly indicated in the Circular dated
15 February 1926, which makes the presentation of a contract of employment
compulsory for emigration to Spain.
Somaliland.—Natives of the colony can only obtain permission to leave
upon presentation of an authentic document proving they have assured and
suitably paid employment at their place of destination.
N E T H E R L A N D S : E a s t Indies.—In Java and Madura the embarkation of persons with whom the recruiting agent has not concluded a
regular contract is prohibited. (Ordinance No. 613, dated 14 September
1914, section 14.)
P O L A N D 8 . — I n accordance with the Circular dated 22 December 1926,
addressed to employment offices, and Instructions dated 23 December
concerning emigration to various countries, emigrants are in general required
to submit an invitation from the prospective employer or from members of
their family already established abroad, and guaranteeing to maintain them,
before the necessary permit to emigrate will be issued. If the emigrant's
destination is a European country, a contract of employment must be
obtained; the information to be given therein is indicated in Chapter X I I ,
"Continental Emigration".
PORTUGAL.—Decree No. 8164 dated 31 May 1922 lays down t h a t
Portuguese workers intending to travel to any European country or to
the possessions of any European country may only be allowed to
emigrate if they prove to the satisfaction of the Portuguese authorities
t h a t they have assured employment in the country of destination. To
1
In accordance with three recent Circulars—Nos. 75, 76, and 77, dated 20 June 1927—
Italian subjects are forbidden to go abroad for the purpose of undertaking any kind of work,
or of engaging in any small business, or in order to join relatives, unless they have received
a regular contract of employment from their prospective employer, or a letter of invitation
from the relatives whom they are going to join. All Italian emigrants, whether bound
for an oversea or a European country of destination, and whether recruited individually or
in groups, must comply with this regulation; the sole exception is made in favour of Italians
•having their settled residence outside the Kingdom, who have only returned for a short
visit; their passports must bear a notification to this effect, inscribed thereon by the Italian
consul for their place of residence.
2
Cf. Supplement I : Decree, dated 11 Oct. 1927.
OCCUPATION OF EMIGRANTS
69
this end an emigrant must submit a declaration signed by the prospective
employer abroad; this document must bear the visa of the Portuguese
consul for the district in which the said employer is established, and must
contain an explicit statement giving all necessary information concerning, in
particular, the identity of the prospective employer, the actual existence
of the work, the wages guaranteed to be paid for it, and other conditions
included in the contract of employment K
R U M A N I A . — I n accordance with the Act of 11 April 1925, section 7,
emigration is prohibited in the case of persons who cannot prove that they
possess sufficient money to meet the expenses of the journey and to provide
for their support in the country of destination during a t least fifteen days.
SWITZERLAND.—The Swiss Federal Act of 1888 forbids the transport
of persons who, after having paid their fare, would arrive at their destination
without resources.
(k)
OCCUPATION OF EMIGRANTS
The laws of a certain number of countries specify the occupations for which workers m a y be recruited in those countries.
I n some others, emigration is prohibited, or a t least made t h e
subject of special measures or limited t o specified regions, when
it is for t h e purpose of a particular form of employment. Sometimes, again, t h e Government of a country reserves t h e right t o
prohibit emigration in t h e case of those employed in certain
trades, if t h e country's interests are at stake.
A U S T R A L I A N M A N D A T E D T E R R I T O R Y : N e w Guinea.—The
Administrator or a district officer may grant to any person resident in the
territory a permit t o remove a native for educational purposes, or as a
personal attendant, to any part of the Australian territory.
Before issuing such a permit an officer shall require security by bond t h a t
the person desiring the permit will only take the native to the place or
places authorised by the permit, and will bring the native back t o some
specified place in the territory before the expiration of the term for which
the permit is required. The officer may insert in the permit any reasonable
conditions t h a t he considers necessary or desirable, and may also specify
the place or places within which the native shall be kept, and any place
or places at which the native may be taken ashore or a t which he shall not
be allowed t o land. A permit may be cancelled in whole or in part by the
officer who granted it. (Native Labour Ordinance, 1922, sections 21 and 24.)
GERMANY.—The Decree of 4 October 1923 relating t o the engagement
of workers for abroad provides that the authorisation of the Migration
Office which is required for this purpose may be refused t o workers belonging
to certain trades.
G R E A T B R I T A I N : Colonies .—In the Straits Settlements every
Asiatic labourer who enters into a contract to take part in any exhibition
or in any theatrical, musical or spectacular performance must appear
1
Cf. above, under heading (h), the provisions concerning aged persons.
70
THE RIGHT TO EMIGRATE AND RESTRICTIONS
before the Protector of Chinese, who must require t h a t (1) provision is made
for t h e labourer to be repatriated a t t h e expense of t h e employer, (2) the
employer furnishes security for the due fulfilment of his obligations, (3) the
labourer is certified by a medical practitioner as fit t o perform his obligations, (4) a copy of t h e contract is supplied t o t h e labourer free of charge,
and (5) a photograph or finger-prints of the labourer are deposited for
record. (Labour Ordinance, 1923, section 200, and Consolidated Labour
Ordinance of 1926, section 200.)
INDIA.—The Indian Emigration Act of 1922 draws a distinction
between skilled and unskilled workers. The emigration of the latter is
subject to much more strict regulation than is that of skilled workers or
artisans. Thus, unskilled workers may only emigrate t o certain countries;
the Government is opposed in principle t o emigration of this kind, unless
the country to which the emigrants are going gives satisfactory guarantees
as to their treatment, safety, and welfare. Pursuant t o agreements entered
into with Ceylon, the Straits Settlements and the Federated and Unfederated
Malay States, the emigration of unskilled workers t o these regions was
authorised by a Notification of the Governor-General published in Februarv
1923.
"ITALY.—By Circular dated 23 J a n u a r y 1926, t h e Commissioner-General
of Emigration forbade t h e competent officials t o issue passports t o Italians
having no definite calling, and following t h e occupation of "itinerant
musicians", on account of the discredit which in foreign countries might
be cast by such persons upon Italian workers.
NETHERLANDS : East Indies.—Ordinance No. 235 of 16 August
1899 prohibits the recruitment of natives for t h e purpose of public performances outside the East Indies, without a special permit from the GovernorGeneral. The Governor may insert in such permit any clauses which he
may consider desirable, such as a provision requiring deposit of a security.
PORTUGAL : Colonies.—The Decree of 14 October 1914 stipulates
t h a t natives recruited in one Portuguese colony for work in another, or
in a foreign colony with which a treaty has been concluded t o t h a t effect,
may only be engaged for agricultural, commercial or industrial work
(section 113).
(I)
CORRELATION O F EMIGRATION AND IMMIGRATION L A W S
The problem of possible refusal of admission and consequent
return of emigrants has become particularly acute in recent years,
owing t o t h e increasing strictness of immigration laws a n d
regulations. Countries of emigration are therefore obliged t o p a y
more a n d more attention t o t h e conditions of e n t r y obtaining
in t h e countries t o which their nationals emigrate, in order t o
avoid t h e possibility of having to meet t h e cost of repatriation
in numerous cases.
I n order to cope with the material difficulties consequent u p o n
refusal of admission, some countries make it compulsory for t h è
shipping companies t o repatriate a t their own expense all
CORRELATION OF EMIGRATION AND IMMIGRATION LAWS
71
emigrants who are refused admission to the country of destination
for reasons which existed prior to their embarkation a t the port
of departure, or to indemnify the emigrant to the extent of all
damage or losses suffered by him. (Cf. Chapter X, § 2.)
Moreover, a certain number of emigration laws include among
the conditions imposed upon intending emigrants t h a t of complying with the regulations concerning admission of the country of
destination. These are the conditions which it is proposed to
indicate here.
Although the underlying intention is not always specifically
stated, it may be added t h a t the prohibition of t h e emigration
of sick and infirm persons 1 , is partly designed to avoid the
rejection of such persons, who are declared to be inadmissible
b y most of the countries of immigration. The possession of a
medical certificate, which can sometimes be obtained from a
medical officer of the country of destination 2 , may also save
migrants the inconvenience of having to undergo quarantine
on arrival.
Moreover, the United States Quota Act, the effects of which are
being more or less severely felt in nearly all countries, gave rise
almost everywhere to special measures for distribution of the
annual quota of admissible persons among different territorial
regions and over the various months of the year. I t is impossible
to analyse, country by country, the regulations concerning emigration to the United States, which most frequently consist of administrative measures announced by means of a circular and
subject to frequent modification. Such legislation, considered
as a whole, generally tends to remedy so far as possible the
separation of families arising from the operation of the American
Act, by according preferential treatment to the wives of emigrants
already settled in the United States, as also to their children and
other persons (ascendants or descendants) dependent upon them,
if any. Usually, however, the Government reserves a certain
number of vacancies in order to provide for other cases of specially
urgent departure which may arise. These regulations further
lay down the procedure to be followed when making application
to be allowed to leave for the United States, and specify t h e
1
Cf. above, under headings (h) and (i).
Cf., under heading (i) above and Chapter VIII, § 4, what is said concerning the
United States Quarantine Act and other measures adopted In ports of departure,
2
72
THE RIGHT TO EMIGRATE AND RESTRICTIONS
documents which must be attached to such application (affidavit,
indentity papers proving relationship to a person who has already
emigrated, etc.) and the authorities entrusted with the selection
of candidates, the number of whom is frequently over ten times
as great as the quota to be selected 1.
CZECHOSLOVAKIA.—By the Act of 15 February 1922, emigration
is forbidden in the case of persons who would be refused admission t o the
countries to which they wish to go (section 2, e).
GREAT BRITAIN : Colonies.—In the Straits Settlements, every
labourer who is a Chinese immigrant and who is indebted for passage money
or advances must, before he emigrates, appear in person before the Protector
of Chinese. If he is under contract, the Protector shall ascertain if the
contract is to labour in a place to which emigration is permitted, and whether
such contract is valid by the law of the place where the contract is to be
performed. (Labour Ordinance, 1926, section 199.)
HUNGARY.—The Act of 1909 forbids the emigration of persons who
do not possess a sum of money sufficient to fulfil any financial conditions
of entry imposed by the country ôf immigration or who fail to fulfil any
other condition so imposed (section 2, / ) .
J A P A N : Korea.—The Minister empowered to approve emigration
contracts must not permit the emigration of individuals whose contract is
for a destination where immigration under contract is prohibited. (Regulation for the application of the Emigrants Protection Act, 1906-1908,
section III.)
MEXICO.—The Act of 12 March 1926 lays down in section 17 t h a t the
Department of the Interior (secretaría de Gobernación) may issue instructions
with a view to preventing the emigration of Mexican workers under conditions
which are not in agreement with the law of the country to which they desire
to go.
POLAND.—Cf. Supplement I.
PORTUGAL.—A Decree dated May 1923 forbids the emigration to the
United States of persons who can neither read nor write, save in those cases
where exceptions are allowed by the American law.
RUMANIA.—The Act of 11 April 1925 prohibits the emigration of
persons who do not conform to the conditions for admission in force in the
country to which they wish to go.
SERB-CROAT-SLOVENE KINGDOM.—An emigrant's passport is
only issued if the person concerned conforms to the conditions relating
to immigration imposed by the country to which he wishes to go.
1
According to the report of the Italian Commissioner-General of Emigration, covering
the years 1924 and 1925, whilst the annual Italian quota is 3,845 persons (of which 10 per
cent, is reserved by American consuls for Italians living out of Italy and 50 percent, of the
remainder is reserved for selection by the American consuls in accordance with criteria
of preference determined by the American law), in 1926 the number of applications
received by the Italian authorities for the 1,730 posts remaining to be filled was about
100 per day.
COLLECTIVE
73
EMIGRATION
Complementary instructions for the application of this provision are issued
by the Minister of Social Policy. (Act of 30 December 1921, section 9.)
SWITZERLAND.—The Federal Act of 1888 forbids emigration agents
to arrange for the departure of persons who, in accordance with the laws of
the country to which they wish t o go, would be refused admission
(section 11, (4)).
(m)
COLLECTIVE EMIGRATION
Certain countries take special measures to prevent the depopulation of a region by emigration of the inhabitants en masse.
Two examples are mentioned below.
RUMANIA.—The Act of 11 April 1925 stipulates in section 9 t h a t
recruitment for the purpose of collective emigration may only be undertaken
if the authorisation of the Minister of Labour (issued on receipt of
a favourable opinion from the Migration Committee) has been obtained in
advance.
SPAIN.—The consolidated text of the Emigration Act of 20 December
1924 lays down in section 6 t h a t a special authorisation from the Council of
Ministers, issued after consultation with the Directorate-General of Emigration and the Superior Council (Junta central), must be obtained in respect of
the collective emigration of each body of persons recruited for abroad, for the
purpose of colonising territories, or for other similar purposes. Collective
emigration is to be taken as meaning emigration upon a scale which
tends to depopulate a region, town, village or parish.
(n)
R E C E I P T OF AN ADVANCE FOB THE E X P E N S E S
OF THE J O U R N E Y
Emigration is frequently prohibited in the case of persons
having received pecuniary assistance in the payment of their
travelling expenses. Prohibition of this n a t u r e is especially,
frequent when such assistance has been received from a foreign
Government or a foreign employer.
'
The object of such a measure is to prevent a person who is/'in
need from surrendering his freedom by accepting assistance
of this kind offered on condition t h a t he enters a t a distance i n t o
a contract of employment which may have to be fulfilled ijtnder
unsuitable conditions, and t h e cancelling of which majy be
rendered extremely difficult b y reason of t h e fact t h a i the
assistance received has given rise to obligations on the p*art of
t h e person engaged towards t h e other p a r t y to t h e contract.
An attitude exactly the opposite of t h a t described above is met
with in other instances ; there are countries which include i n their
i
I
74
THE RIGHT TO EMIGRATE AND RESTRICTIONS
Budget credits—sometimes very considerable in amount—for
the express purpose of affording assistance to their emigrants;
such countries often encourage the making of offers in this sense,
either by foreign private undertakings or foreign Governments,
while some even compel employers recruiting labour within their
territory to meet the expenses of the journey in both directions
(cf. "Assisted Emigration", Chapter VIII, § 5).
CZECHOSLOVAKIA.—The Act of 15 February 1922 prohibits the
transportation of Czechoslovak citizens who have received from a foreign
Government, association, or institution a promise to defray or to reimburse
all or part of the cost of emigration, or who have already received such
payment. The Act, however, empowers the Minister of Social Welfare
to grant certain exemptions from this prohibition (section 20).
GERMANY.—The Act of 1897, section 23, forbids the transport of persons who have received from a foreign Government or from any colonisation
undertaking the money required to pay the cost of the journey, even if the
amount is ultimately recoverable.
GREECE.—Persons travelling otherwise t h a n a t their own expense,
i.e. whose travelling expenses are being wholly or partly paid by a foreign
employer or Government, are not regarded as emigrants. (Act of 24 July
1920, section 23.)
HUNGARY.—The Hungarian Act of 1909 prohibits the departure of
persons whose travelling expenses are being paid, wholly or in part, by a
colonisation enterprise organised by a foreign Government, or by a colonisation society or other society having similar objects, or by a private individual.
The same prohibition applies to persons who have been promised reimbursement of their travelling expenses (section 2, g and h).
•%
ITALY.—The Prinetti Decree (1902) prohibits the emigration to Brazil
of persons who have received a subvention from the Brazilian Government
or from a colonisation enterprise ; persons who have been invited by near
relatives and those who travel at their own expense may, however, still
emigrate freely to Brazil.
P O R T U G A L . — T h e Emigration Regulations of 19 J u n e 1919 forbid
re^eruitment either of an isolated individual or of a group of workers for
gftatuitous
or assisted emigration, except in cases where the basic emigration
c o r ? t r a c t bas been approved by Decree of t h e Portuguese Government.
T h e Regulations lay down that "gratuitous emigration" is to be understood
as meaning t h a t for which no payment whatever is required of the emigrant
u p t¿¿> his destination; while "assisted emigration" is to be understood as
meaniing t h a t which is effected by payment of a fare lower t h a n t h a t ruling
for thfrd-class or steerage travel, or t h a t for the purpose of which an advance
of moriey has been received. Decree No. 7427 dated 30 March 1921 renders
this mäeasure more definite by empowering the General Emigration Department t'o prohibit the embarkation of intending emigrants who make application $to leave for a foreign country, their passage having already been paid
t o theif destination,
unless they can produce a declaration, bearing the visa of
t h e Pot?"t u g ues e consul at the place of destination, attesting t h a t the person
concernled has been invited by his father, mother, guardian, or elder brother,
by whorn the passage has been paid, and who is in a position to undertake
t o support the emigrant.
' V
\
\
PROHIBITIONS ON ECONOMIC GROUNDS
75
SPAIN.—The Act of 20 December 1924 lays down t h a t only persons
whose emigration is "spontaneous" may be transported, and provides for
the infliction of a fine of from 100 to 500 pesetas for a first offence, to be
increased to from 500 to 1,000 pesetas for subsequent offences, upon shipowners, shipping companies, or transport agents who enter upon a ship's
papers as "spontaneous emigrants" persons whose passage has been paid
by a foreign Government or undertaking, or by a private individual in a
foreign country, or by a foreign agency established in Spain for the recruitment of workers (section 54).
SWITZERLAND.—The Order of the Federal Council dated 18 February
1889 lays down that, unless the authorisation of the Federal Council has
been obtained, a contract of emigration may not be concluded with any
person whose travelling expenses have been advanced or paid, wholly or
in part, by foreign societies, institutions, enterprises, or Governments.
(o)
PROHIBITIONS ON ECONOMIC GROUNDS
During the foreign exchange crises which have arisen since
the war, it has happened on several occasions that countries
whose currency has depreciated have prohibited the export of
national capital. A measure of this nature (since repealed) was
taten in Germany in 1920; other countries have more recently
enacted similar provisions, which are still in force.
Restrictions of this kind, while not directly limiting the
movement of individuals from place to place, may nevertheless
react upon emigration movements, restraining them and impeding
the establishment abroad of those desiring to found in some
foreign country an undertaking which requires capital.
FRANCE.—As a consequence of measures taken t o combat evasion of
taxes, it is forbidden to pass the frontier with a sum of over 5,000 French
francs, or its equivalent in foreign money, except with a special permission
from the Ministry of Finance. The export of gold coin or of silver coin in
excess of ten francs is rigorously prohibited, as also is the export of deeds
and dividend warrants. (Act of 3 April 1918, Decree of 3 July 1918,
and Circular of 31 J u l y 1920; also Acts of 17 August 1915 and 12 July 1919.)
ITALY.—Circular No. 67 dated 6 July 1926, issued by the Emigration
Department, draws attention t o the fact that, in accordance with decisions
recently taken by t h e Government, the export from t h e Kingdom of a sum
exceeding 10,000 lire by any person under any circumstances whatever is
prohibited. Emigrants going abroad for the purpose of acquiring land
must keep this provision in mind K
(p)
OCCASIONAL SUSPENSION
Changes occurring in conditions for emigration at home or
abroad may give rise either to complete suspension of emigration
1
Cf. Bollettino delta Emigrazione, July 1926.
76,
THE RIGHT TO EMIGRATE AND RESTRICTIONS
or to partial suspension, i.e. a suspension affecting certain classes
of persons only, or, most frequently, in relation to particular
countries where health or economic conditions are temporarily
unfavourable, or to which a State does not wish its nationals to
emigrate for reasons of a political or other nature.
Quite frequently certain specified authorities are empowered
by Emigration Acts to notify these provisional interruptions.
Some of the measures recently taken in pursuance of such arrangements are quoted below.
A U S T R I A . — B y a Declaration (Kundmachung) relating to passports,
dated 10 May 1867, which is still in force, the Government reserved the
right, should it become necessary in the interests of national safety or public
order (e.g. in case of war, civil commotion,and so forth), to restrict or prohibit
any communication with other countries, over either the whole or any
specified portion of the frontier (section 29).
. BELGIUM : Congo.—By the Decree of 17 August 1910, the GovernorGeneral is empowered, in the public interest, to issue a reasoned Ordinance
prohibiting, in any region specified by him, operations having as their
object the engagement or recruitment of workers; or rendering such
operations subject to the condition that natives shall not be removed from
the territory of the colony. Such Ordinances are to remain in force only
for the period therein stated; they may, however, be renewed.
CZECHOSLOVAKIA.—By Act No. 17 of 15 February 1922, the Government is empowered to issue Ordinances having for their object the limitation
or prohibition of emigration to any particular place, if the life, freedom, or
property of the emigrant concerned would be thereby endangered, or if
such measure be desirable in the emigrant's economic or moral interests
(section 2).
GERMANY.—The Ordinance dated 4 October 1923 provides t h a t
permission to emigrate may be restricted in respect of certain countries or
certain occupations, or during a stated period. Emigration may even be
prohibited altogether for persons following certain occupations (section 2).
G R E A T B R I T A I N : Bahama Islands.—The Emigrant Labourers
Protection Act of 1909, section 2, provides t h a t the Governor may, by Order
in Council, declare any foreign country or place to be a country or place to
which labourers may emigrate.
GREECE.—The Act of 24 July 1920 lays down t h a t emigration or expatriation from Greece, either in general or to any particular country, of persons
of either sex or coming within certain age-limits, or of all persons without
distinction of age, or of persons belonging to a particular category, may be
prohibited or placed under special restrictions, by Royal Decree promulgated in accordance with a proposal of the Minister of the Interior in
pursuance of a decision taken by the Council of Ministers and applicable
during a specified period (section 4).
HUNGARY.—The Act of 1909 empowers the Minister of the Interior
to prohibit emigration to countries where the life, health, or moral or material
interests of the emigrant would be endangered. Such prohibition may be
OCCASIONAL SUSPENSION
77
limited either to a fixed period or to a special category of persons of some
specified occupation or age (section 4).
In pursuance of this Act, the Ordinance of 1 April 1923 prohibited emigration to South America ; no applications for passports in respect of emigration to that continent are granted.
INDIA.—The Indian Emigration Act of 5 March 1922 (No. VII of 1922)
empowers the Governor-General in Council to authorise the emigration of
unskilled workers to specific countries; further, the Governor-General in
Council may prohibit the emigration of unskilled workers to any country
to which emigration had previously been authorised or may prohibit the
emigration of skilled workers to specific countries if he has reason to believe
that such prohibition is necessary, more especially, in the case of unskilled
workers, if the plague or any other dangerous epidemic disease has broken
out in the country in question so t h a t emigrants arriving there would be
exposed to serious risk to life.
The Governor-General in Council is, moreover, empowered to prohibit,
from a date and for reasons to be specified by him, the emigration of all
persons, or of any specified class of persons, to any specified country, from
the territories under the administration of any Local Government or any
specified part thereof, for the purpose of unskilled work.
Notification of any such prohibitions and the reasons therefor must be
published in the Gazette of India and must be laid before both Chambers
of the Indian Legislature as soon as may be after it is made.
I n cases where an epidemic disease has broken out, Local Governments
m a y provisionally suspend emigration to any specific country for the purpose
of unskilled work, pending a reference to the Governor-General in Council.
Notification of such suspension must be published in the local Official
Gazette, and must be transmitted to the Governor-General.
ITALY.—The Consolidated Act of 13 November 1919 lays down t h a t
the Minister of Foreign Affairs, in agreement with the Minister of the
Interior, may suspend emigration to any specified country for reasons of
public order, or if the life, freedom, or property of the emigrants may be
endangered, or when the safeguarding of the emigrants' material or moral
interests necessitates it (section 9).
Circular No. 17, issued by the Minister of the Interior and dated
15 February 1926, instructed diplomatic officials to accord no further passports for Spain except in cases where a contract of employment in that
country was proved to exist, as the considerable number of passports
applied for by persons desiring to travel to Spain indicated that Italians
were endeavouring to reach the United States by an indirect route, thus
running the risk of getting into serious difficulties K
JAPAN.—The administrative authorities may, for purposes concerning
the protection of emigrants, the keeping of the public peace, or relations
with foreign countries, either suspend emigration or cancel permits already
issued. (Consolidated Emigrants Protection Act, No. 33, of 1907.)
LITHUANIA.—Section 17 of the Act of 18 July 1922 empowers the
Council of Ministers to prohibit emigration to countries or places where the
health, life, morals, or property of emigrants may be endangered.
N E T H E R L A N D S : E a s t Indies.—In Java and Madura, the GovernorGeneral may suspend temporarily the transport of natives to certain regions
1
Cf. also, under heading (d) above, provisions ior t h e t e m p o r a r y prohibition of emigration in t h e case of young men of military service age.
78
THE RIGHT TO EMIGRATE AND RESTRICTIONS
or parts thereof outside the colony. (Ordinance No. 613 of 14 September
1914, section 14.)
POLAND.—See Supplement I.
PORTUGAL.—It is laid down in section 9 of the Decree of 10 May 1919
t h a t "the Government, pursuant t o a decision taken by the Council of
Ministers, may suspend emigration to any particular country for reasons
of public order, or if it is to be feared that the life, liberty, or property of
emigrants may be threatened". This power of suspension may be extended
to apply in other circumstances; for example, by "Portaria" No. 4813 of
28 January 1927, the emigration of Portuguese workers to France was
provisionally suspended, owing to a glut in the labour market. Civil
Governors are forbidden to issue passports to such workers, notwithstanding
that they may be in possession of a contract of employment, save in cases
where the application is justified by exceptional circumstances and has
previously been submitted to the Minister of the Interior.
Colonies.—As a general rule, the natives of Portuguese colonies are
free to travel from one colony to another for purposes of employment;
they are required either to provide themselves with the necessary passports
or to prove t h a t they have entered into an engagement to labour in another
colony. Nevertheless, the Portuguese Government may suspend the emigration of natives either from a colony as a whole or from any part of a
colony, should political or economic reasons exist making such a measure
desirable. (Decree relating to Native Labour dated 14 October 1914,
sections 82 and 83.)
Decree No. 11492 dated 9 March 1926 authorises the recruitment of
native workers in Mozambique for employment in St. Thomas and Principe
upon the basis of the modus vivendi concluded between the Governors of
these colonies on 14 November 1925; in section 9 it is laid down that, so
long as the modus vivendi shall remain in force, the emigration of native
workers recruited upon the actual territory of Mozambique for St. Thomas
and Principe may neither be prohibited nor temporarily suspended, except
by the Government of the mother country in case of war, outbreak of
epidemic disease, or for other reasons of State.
The same provision is embodied in the modus vivendi concluded on
28 April 1926 between Angola, St. Thomas, and Principe, for the exchange
of native labour (section 31).
RUMANIA.—By section 1 of t h e Migration Act of 11 April 1925 the
Minister of Labour is empowered to restrict or to suspend temporarily the
emigration of certain classes of individuals, either in the general interest
of the country or in the private interests of the individuals concerned.
SERB-CROAT-SLOVENE KINGDOM.—The Act of 30 December
1921, while preserving the principle of freedom of emigration, empowers the
Minister of Social Policy to limit or suspend emigration for specific periods
or to particular countries, if the national interest or t h a t of the emigrants
should render such limitation or suspension necessary (section 6).
SPAIN.—The consolidated text of the Emigration Act, dated
20 December 1924, lays down in section 16 t h a t " t h e Government, for
reasons of public order or health or in view of exceptional risks run by
emigrants may, after consultation with the Superior Council and the General
Directorate of Emigration, temporarily prohibit emigration to certain
countries or certain regions. Except in urgent cases and unless suspension
is called for in the interests of public order, the Government shall first hear
the views of the Council of State in plenary assembly."
PASSPORTS, VISAS, AND IDENTITY CARDS
79
§ 2.—Passports, Visas, and Identity Cards
Provisions relating t o the policing of frontiers are extremely
varied, both as regards period of validity and extent; for t h a t
reason it is impossible, more in this Section t h a n in any other,
t o give any kind of photographic view of present conditions,
which are extremely fluid. A complete study of the various
systems of frontier control is, moreover, beyond the scope of
the subject now under consideration; for, although police
regulations relating t o travellers in general apply also t o emigrants,
t h e y are not drafted for emigrant travellers in particular except
in respect of certain minor details which will be dealt with at
greater length after the main outline of the ordinary system
has been considered.
Volume III of the present work contains a study of the efforts
made with a view t o international unification of the systems
adopted and their simplification.
*
#
*
The re-establishment of the almost universal obligation t o
carry a passport is one of t h e fruits of the w a r ; it is, however,
an incidental institution which Governments are not very willing
t o suppress, since it enables t h e m t o control, b y purely administrative means and without having recourse t o any special
legislation, both the departure of their own nationals and the
entry of foreigners.
Most countries require t h a t foreigners desiring t o pass their
frontiers, both upon arrival and when leaving, shall be in
possession of a passport. I n 1925 the League of Nations Committee for Communications and Transit consulted the various
States concerned by circulating a questionnaire. Out of the
43 Governments which replied t o it, three only (those of Cuba,
Surinam, and Uruguay) stated t h a t the obligation t o possess a
passport upon entering their country had been suppressed, while
three (Canada, United States, and Uruguay) stated t h a t persons
are no longer called upon t o produce a passport upon leaving.
This is a sufficient indication t h a t the obligation is very general..
However, it is gradually becoming less strict, thanks t o the
80
THE RIGHT TO EMIGRATE AND
RESTRICTIONS
existence of reciprocity agreements (cf. Volume I I I ) in evergrowing numbers, by means of which certain States have supressed, for nationals of the contracting parties, the obligation t o
produce a passport upon entering the territory of the other
contracting party. As a consequence, the obligation t o produce
a passport upon leaving the national territory ceases t o exist
in the case of nationals going direct t o a n y other country which
is a p a r t y t o t h e agreement. This is the case in Belgium and the
neighbouring countries. An identity card—which is a permanent
document containing information by which the holder can be
identified—is sufficient t o enable the holder t o pass the frontiers.
A certain correlation is thus found t o exist between obligations
relating t o entry and those relating t o exit; this m a y be set
aside, however, and t h e preparation of the passport for the purpose
of exit, together with police measures relating thereto, will now
be studied separately. The special provisions governing passports
held by transmigrants will be dealt with in Chapter X I I I ,
"Transit".
Making-out of Passports.—The conditions in accordance with
which passports are made out vary very considerably from one
country t o another, e.g. as t o contents, duration of validity,
fees payable, and so forth.
So far as concerns the information contained in a passport,
attention may be specially drawn t o the varying procedure for
identification of the holder. The majority of passports bear a
duly certified photograph of the holder; others (e.g. t h e new
Argentine and Bolivian passports) bear finger-prints, or in some
cases one finger-print only—in Uruguay, for example, t h a t of
t h e right t h u m b .
Validity.—The period for which a passport remains valid also
differs greatly from country t o country. The maximum is, as
a rule, clearly laid down and varies from six months (Estonia,
Poland) t o five years (Great Britain and most of her Dominions).
I n many cases the original period of validity m a y be prolonged
b y renewal or by successive renewals; in others n o renewal is
permitted, and the passport expires at the due date. Moreover,
in some States several kinds of passport are in existence, valid
for longer or shorter periods, and the fees in respect of which
PASSPORTS, VISAS, AND IDENTITY CARDS
81
m a y vary according t o the duration; e.g. the Serb-Croat-Slovene
Kingdom issues passports for periods varying from three months
to two years. Again, a passport m a y be valid for one voyage only,
of whatever duration, expiring automatically upon the traveller's
return (Japan).
Individual and Collective Passports.—In certain countries a
passport is always of t h e individual type (Argentina, Luxemburg);
though young children m a y generally be included upon the
passport of the person accompanying t h e m (Denmark, France,
Uruguay). A large number of States, however, issue collective
passports t o include all the members of one family—in particular,
the husband, wife, and minor children coming under a certain
age limit, which varies in different countries between fourteen,
fifteen and sixteen years.
Fees.—The system of fees payable in respect of passports also
shows a marked lack of uniformity. I n some countries passports
are in all cases issued absolutely free of charge (Panama). Generally, however, fees are payable which vary enormously from
country t o country; in some cases only a nominal charge is made,
in others the amount may be considerable. There are various
factors which contribute t o modify such fees, even as regards
each individual country. For example, they may differ according
as t h e passport is issued or renewed upon the national territory
or at consulates or legations abroad (Belgium, Czechoslovakia,
Denmark, Norway, Rumania, Sweden, Uruguay, etc.). Again,
t h e y m a y vary according t o the period for which t h e passport is
granted (in the Serb-Croat-Slovene Kingdom) or according t o the
financial position of the applicant (Austria, Czechoslovakia,
Hungary, Poland). The fee payable in respect of a family
passport is usually the same as t h a t for an individual passport;
it may, however, be slightly increased (Netherlands). The
combination of several factors sometimes gives rise t o a whole
series of very complex fees (e.g. in Estonia, where account is
taken not only of the duration of the voyage and of the reason
for which it is undertaken, but also of the traveller's social
position).
Exit Visa.—In many cases the mere passport is regarded as
insufficient; it must bear the visa of certain specified authorities.
7
82
THE RIGHT TO EMIGRATE AND RESTRICTIONS
The practice of requiring an exit visa is, however, decreasing;
it is now far less general t h a n t h a t of requiring a passport only.
Out of 41 Governments which replied t o t h a t p a r t of the 1925
questionnaire relating t o passport regulations, only 20 mentioned
an obligation t o possess an exit visa. Moreover, even where
this obligation exists, it is applied in various different ways. I t
m a y be imposed upon every individual leaving the national
territory (as in t h e case of Albania, Bulgaria, Estonia, Greece,
Lithuania, Rumania, and the Serb-Croat-Slovene Kingdom);
or it m a y apply only t o nationals (China), or only t o foreigners
(France, Germany, Guatemala, and Persia); or it m a y be imposed
upon the nationals of certain countries only (Australia, New
Zealand, and South Africa). Again, it m a y only apply in special
circumstances, and either t o nationals or t o foreigners (Austria,
Latvia, Poland).
Special rules also exist in relation t o visas for travellers in
transit; these will be studied in Chapter X I I I of the present
volume.
To a certain extent at least, emigrants do not follow the
ordinary procedure. They have sometimes t o be in possession
of a special passport; sometimes t h e ordinary passport or visa
accorded to t h e m is under special conditions. These peculiarities, as relating t o exit formalities, are duly considered below,
without, however, making further reference t o the special
obligations applying t o certain categories of persons whose emigration is subject t o stricter supervision, a n d t o whom passports
are issued only upon presentation of special documents—more
particularly in the case of women, minors, etc. Attention has
already been directed t o these special provisions in § 1 of t h e
present Chapter ("The Various Legislative Restrictions"),
especially under (b), (f), and (g).
TERRITORY UNDER BELGIAN M A N D A T E : Ruanda -Urundi.—
The natives of Ruanda-Urundi and of the adjacent colonies may not leave
the territory unless they are in possession of a passport, which is only issued
if they fulfil the conditions for emigration laid down by the Decree of
19 July 1926. These conditions are more severe for natives of RuandaUrundi t h a n for those of the colonies. (Decree of 19 July 1926, section 1.)
TERRITORY UNDER FRENCH M A N D A T E : Syria and Lebanon.
•—In accordance with the Order of 4 December 1924, the preliminary steps
to obtain a passport must be taken by the emigrant in person; no other
person may assist him, even gratuitously. The emigrant's application
PASSPORTS, VISAS, AND IDENTITY CARDS
83
must be accompanied by two documents (referred to previously in § T,
under heading (j)) proving t h a t he has assured means of support in the
country of destination, or t h a t the amount necessary to repatriate him has
been duly deposited by him.
Moreover, passports may be handed over only t o the individuals concerned
in person; officials or their subordinates attached to the offices for the issue
of passports must, upon their own responsibility, ascertain the precise
identity of the persons to whom passports are handed. The same Order
provides t h a t in each State the preliminary formalities to be gone through
in relation to the issue of passports shall be laid down in special regulations
to be approved by the High Commissioner.
AUSTRIA.—As a rule, emigrants come under the ordinary passport
system. I t may be remarked, however, that the fees charged vary according
to the financial position of the individual concerned, so that emigrants are
able to obtain their passports at a very moderate rate.
Emigrants whose destination is America can only obtain passports upon
production of an affidavit, duly authenticated by the Austrian consular
authorities, to the effect t h a t a friend or relative already established in
America is prepared to afford them assistance. (Regulations dated 3 March
1922.)
B E L G I U M : Congo.—By the Decree of 14 August 1922, relating to
the emigration of blacks, the Vice-Governors of provinces are empowered
to establish, for natives of the Congo and adjacent colonies, the obligation
to obtain a passport in order to leave the Congo, under the circumstances
and via the frontiers and routes laid down in their Ordinances. The issue
of a passport to natives of the Congo is subject to production of (a) a leave
permit (papier de congé) known as a "passeport de mutation", by which the
native is authorised to absent himself from the district (chefferie) or
territory where he is registered, (b) a permit issued by the person under
whose authority,, if any, he is, and (c) a medical certificate.
CHINA.—Emigrants are required to obtain passports issued by the
Emigration Bureau. (Act of 21 April 1918.)
CZECHOSLOVAKIA .—The Act of 15 February 1922, section 3, laid down
that "every emigrant being a citizen of the Czechoslovak State must be in
possession of an emigrant's passport available for the country to which he
desires to go". This passport, or "emigrant's permit" was to replace all
the papers which a Czechoslovak citizen desiring to go abroad is required
to hold. The same Act further declared that complementary provisions
governing the establishment, form and contents of the emigrant's passport
were to be laid down by Ordinance. However, in reply to the questionnaire
relating to the passport system, circulated in 1925 by the League of Nations
Committee for Communications and Transit, the Czechoslovak Government
declared that "so long as the obligation to obtain a passport for the purpose
of foreign travel remains in force, no special passports will be issued to
emigrants". Emigrants' passports only differ from ordinary passports in
bearing conspicuously on the front page either the abbreviation " E " when
the destination is a European State, or the word "Emigrant" when the
holder is going to an oversea country.
I t may be pointed out t h a t the fee payable in respect of a passport varies
according as the applicant is an employed person whose daily earnings do
not exceed the daily wage of a workman, or is a person in easy circumstances.
Though there are no special passports for emigrants, an applicant for a
passport for the purpose of emigration is required to reply in detail to a
questionnaire from which information can subsequently be drawn for the
purpose of preparing returns to serve as a basis for emigration statistics.
84
THE RIGHT TO EMIGRATE AND RESTRICTIONS
The Emigration Act of 1922 lays down t h a t the obligation to obtain a
passport may be abrogated by Ordinances in the case of emigrants leaving
for certain European countries, and for certain categories of emigrants.
Nevertheless, the obligation is to remain in force so far as regards the persons
referred to in section 31 of the Military Service Act—that is t o say, men
between seventeen and forty years of age; passports are, moreover, issued
t o such persons only for limited periods.
I n practice, the Czechoslovak workers recruited collectively by Austria
for the purpose of seasonal agricultural work in pursuance of annual
agreements entered into since 1922, are not required to obtain individual
passports. The collective contract of employment, duly authenticated
by the competent authorities of the two countries, takes the pla.ce of the
passport for the purpose of crossing the frontier both upon entering and
leaving, not only for the emigrants but also for their escort.
GREAT BRITAIN : Colonies.—In some of the British colonies an
emigrant is obliged to obtain a passport which is issued only with the special
authority of the Governor, as in Fiji, where such a regulation is in force for
Indian and Polynesian immigrant labourers, and Mauritius, where a similar
regulation applies to Indian immigrants and liberated Africans. (Fiji :
Emigration Ordinance, 1892, section 8; Mauritius: Ordinance regulating
the Emigration of Indian Immigrants and Liberated Africans, 1881,
section 5.)
I n Bechuanaland, by the Native Labour Proclamation No. 7 of 1909,
section 2, it is provided t h a t every labour agent shall fill in and sign a pass
for every native labourer engaged by him for employment beyond the
Territory, and this pass must be countersigned by the official before whom
the contract was made.
I n Malta, passports are issued by the Emigration Office to emigrants
only after they have undergone strict examination with a view to ascertaining t h a t they will be allowed to enter the country to which they are
going.
I n the Straits Settlements, every labourer who enters into a contract to
take part in any exhibition or spectacular performance must, before he
emigrates, appear before the Protector of Chinese, who shall require a
photograph or finger-prints of the labourer to be deposited for record in
the Protectorate. (Labour Ordinance, 1926, section 200.)
GREECE.—In accordance with the Act of 24 July 1920 (sections 2
and 6) emigrants are required to obtain the necessary passport from the
competent prefectural authority. The Emigration Office at the Piraeus
may, however, with the authorisation of the Minister of Foreign Affairs,
issue passports to emigrants.
The Greek Government, in its reply to the questionnaire issued by the
Committee for Communications and Transit in 1925, stated t h a t emigrants
who are without means are able to obtain both passport and visa free of
charge.
HAITI.—The Act of 28 February 1924 provides t h a t application for
passports may be made to the Ministry of the Interior, either by emigrants
in person or by individuals recruiting them (either an employer or an
authorised recruiting agent). The application must be accompanied by
a medical certificate to the effect t h a t the person concerned has been re-vaccinated and by a receipt from the National Bank, showing t h a t a sum of
30 gourdes 1 in respect of each worker engaged has been paid into the Public
1
One gourde = approximately lOd. All the currency values indicated on this and subsequent pages are calculated according to the approximate average rate during NOT. 1927,
except where otherwise stated.
PASSPORTS,
VISAS, AND
IDENTITY
CARDS
85
Treasury. Passport fees have to be paid by the person recruiting the
workers if he is a foreigner. The passport must be made use of within
three months from the date of issue, otherwise it loses its validitv (sections 11
and 12).
The Act of 23 January 1925, relating to entry and exit fees, lays down
in section 11 that, in the case of a traveller other than an emigrant, possession
of a passport is optional; section 10, however, specifically states that a
passenger leaving for a country to which Haitian emigration is ordinarily
directed will be required to obtain a passport, unless he can offer positive
proof that he is not going as an emigrant.
HUNGARY.—Certain restrictions are added, in the case of emigrants,
to the ordinary passport system. In the Ordinance of 1 April 1923 it is
stipulated that all applications for passports for travel to oversea destinations must be submitted to the Minister of the Interior, and passports
may only be issued with his permission. Local authorities have been
instructed only to issue passports to persons who prove that they are
entitled to emigrate. In the case of passports for travel to the United
States, the Emigration Department has to decide to which individuals
these are to be issued.
I t may be noted that emigrant workers' passports are obtainable a t
reduced fees, i.e. the expenses, which normally amount to 8 gold crowns,
are reduced to one gold crown for all persons whose income does not exceed
the wage of a day labourer.
ITALY.—The Consolidated Act of 1919 lays down in section 15 that
citizens regarded as emigrants in accordance with the terms of the said
Act must hold a special passport K
An emigrant's passport is made out in a special form, with a view to the
compilation of emigration statistics ; it differ from an ordinary passport in
the following particulars :
(1) I t contains more detailed information concerning the emigrant
(i.e. whether or no he is illiterate, his position in respect of military
service, and his place of destination).
(2) Two coupons are attached to the passport ; one of these is marked
"Expatriation" and the other "Repatriation", and both contain
information required for the purpose of statistical returns. These
coupons are detached from the passport by the competent frontier and
port services at the time of emigration and of repatriation respectively.
(3) A separate emigrant's passport is issued to each individual
over 25 years of age, even in cases where the person concerned is
leaving in the company of relatives, or of husband or wife.
An emigrant worker
must, when applying for a passport, show his contract
of employment 2 , or a written offer of work received from an employer, if
the country to which he desires to go requires him to be in possession of this
document. For the United States, Canada, Cuba, and Mexico the "certificate of definite embarkation" is required. This is a document which is
issued only after examination of a written application upon a special form,
which the applicant has to send to the emigration services, stating his trade
or occupation, position in respect of military obligations, the class in which
he wishes to travel, and the reasons for which he desires to leave. The
shipping company concerned has also to make enquiries as to the possibility
of the emigrant's leaving by any specified ship; after which the embarkation
certificate can be issued.
1
In accordance with a decision of t h e President of t h e Council, only two kinds of passports (communi and diplomatici) will be issued on and after 1 March 192S.
2
Cf. footnote 1 on p . 36.
86
THE RIGHT TO EMIGRATE AND RESTRICTIONS
Passports issued to emigrants are exempted from payment of the ordinary
passport fees (30 lire 1 , plus 2.40 lire for stamps); they have, however, to
pay a very small special tax (2 lire) which is placed not in the State Treasury
but in the Emigration Fund, i.e. a special fund constituted to meet the
expenses of safeguarding, protecting and assisting emigrants at home and
abroad. (Reply to the questionnaire issued by the League of Nations
Committee for Communications and Transit in 1925.)
JAPAN.—Applications for passports emanating from emigrants whose
emigration has been arranged by agents, or from voluntary emigrants who
have designated other persons as sureties, must bear the signature respectively of the emigration agent or of the person acting as surety. (Amended
Ordinance No. 4, relating to the issue of passports, dated 1925, section 7.)
LATVIA.—The Passport Act of 30 March 1926 requires all persons
leaving for a foreign country to obtain an individual passport. However,
"floating" and other categories of workers whose occupation requires them
t o go abroad may obtain a collective passport. Moreover, such a passport
is exempt from payment of the ordinary fees (sections 8 and 13).
LITHUANIA.—For the purpose of travel or establishment abroad,
either a passport or a safe-conduct is required. In order to obtain a passport, an applicant must submit three satisfactory certificates, issued respectively by the judicial, fiscal, and military authorities.
(Instruction
published 18 September 1926, section 3.)
MEXICO.—Both Mexican nationals and foreigners desiring to emigrate
from Mexican territory are required to obtain from officials of the Migration
Service an "individual identity card" (Tarjeta individual de identificación) ;
for this purpose they must indicate the country to which they wish to go,
and must produce the documents required to establish their identity, civil
status, and morality (a judicial certificate), together with their contract
of employment. The identity card which will then be issued will be accepted
as proof in a foreign country that they have emigrated in a legitimate manner.
The lack of such a card will be accepted as presumptive evidence t h a t the
emigrant concerned has not fulfilled the conditions laid down by law, and,
unless proof is forthcoming to the contrary, he is not entitled to receive any
assistance from Mexican authorities abroad. (Act of 12 March 1926,
sections 69, 70 and 71.)
POLAND.—A Pole desiring to emigrate is required t o provide himself
with a special passport. I n accordance with the Decree of 22 December
1925 for the application of the Passport Act of 17 July 1924, and the Instruction dated 23 December 1926 laying down the conditions upon which
passports are to be issued, no fee whatever is payable in respect of an
emigrant's passport, whereas the fee for an ordinary passport is very high.
I n order to obtain a passport free of charge, an emigrant is required to
submit documentary evidence that he has complied with all fiscal obligations,
and a certificate proving t h a t he is an emigrant in actual fact. The latter
will be issued by the State Employment Exchange if the emigrant is travelling to a continental country, and by the Emigration Office if he is going
overseas.
The aforesaid emigration certificate will be issued only upon receipt of
sufficient proof to establish that the applicant is leaving for the purpose
either of gaining a livelihood or of rejoining his family with t h a t end in
view; t h a t the conditions of employment offered to him are in agreement
with the provisions of treaties concluded with the country of immigration
1
One lira = approximately 2-7d.
PASSPORTS, VISAS, AND IDENTITY CARDS
87
or with the scale of wages paid to local workers, or t h a t the country to
which the emigrant is going offers conditions favourable to his establishment
so as to enable the Polish Government to facilitate emigration to such
country; and finally, that the emigrant fulfils the conditions laid down
for admission to and residence in the country of destination. The documents
required as proof under these different headings vary according to the
country of destination; they are enumerated country by country in the
Instructions of 22 and 23 December 1926. In general, they are as follows :
(a) An immigration permit or an admission card issued by the
country of destination (Australia, Canada—except in the case of an
agricultural worker possessing $1,000 '—and the United States) ;
(b) A contract of employment or a duly authenticated invitation
from a n employer (all European and oversea countries with the exception
of Argentina, Brazil, Canada, the United States, and Palestine) ;
(c) An invitation from a member of the family when the individual
concerned is not a worker, and, in cases where this is required by the
country of destination, a written assurance t h a t the maintenance of
the person concerned is provided for in t h a t country. Reference may
also be made to Chapter X I I for special information concerning emigration to continental countries.
Emigrants' passports are issued by the Emigration Office, which attaches
to each a n identity card in two parts, t o be detached respectively when
passing the frontier upon leaving and returning to the country. These
cards bear all the information required for the purpose of emigration
statistics ; the details there given differ somewhat according as the emigrant's
destination is an oversea or a continental country, and the cards used differ
in colour. For the purpose of repatriation, the registration cards are filled
in by Polish consuls abroad.
The visa of the Emigration Office must be obtained before t h a t of any
foreign consul is asked for. This visa will only be given after it has been
ascertained t h a t the applicant fulfils all the conditions laid down by law in
the country of destination, and that he is in possession of a ticket for the
journey issued by a company authorised to transport emigrants.
The formalities to be complied with in order to obtain a passport must,
even in the case of workers recruited collectively, be undertaken by the
interested party in person.
PORTUGAL.—Emigrants must obtain passports, the carrying of
which is optional in the case of ordinary travellers. Passports are issued
by the prefectural authorities ; and a personal application is not indispensable
provided t h a t the applicant can furnish written evidence of his identity,
duly certified by municipal authorities. An emigration or transport agent
can arrange for the due fulfilment of the formalities imposed, but he must
hand to the emigrant a written statement giving details of the fees paid
on his behalf and of the amount of commission charged, which must not
exceed one escudo 2 (section 82 of the Regulations dated 19 June 1919).
Passports are always of an individual character and made out in accordance
with a prescribed form ; they must indicate whether the emigrant has been
recruited or is leaving of his own accord in order to seek work.
In cases where the possession of a contract of employment is compulsory
(cf. above, § 1, (j)) this document, duly visaed by the consul of the country
of destination, must be produced before the passport can be handed over.
The consular visa is placed upon a special leaf, and attached to the contract
of employment; the consular agent must give the number of the visa, and
1
2
One Canadian dollar = approximately 4s. Id. (28 Jan. 1928).
One Portuguese escudo = 2ì d.
88
THE RIGHT TO EMIGRATE AND RESTRICTIONS
both the declaration and the visa must be authenticated by means of the
consular seal.
Before the passport can be issued, both the contract of employment and
the attached visa must be numbered and entered at the Emigration Department in a special register.
When Portuguese workers desire to re-enter Portugal, passports obtained
from consular agents in a European country or its possessions will only
be stamped with the "return visa" of the Portuguese authorities if the
persons concerned can show a contract of employment and the visa attached
thereto. (Decree of 31 May 1922.)
The issue of passports for the United States can only take place with
the permission of the Minister of the Interior. Portuguese consuls are
absolutely forbidden to issue passports or passport visas to emigrants
desiring to enter the United States.
The issue of passports for Cuba or Mexico, in cases where departure from
Portugal is to take place via a land frontier, is subject to an express authorisation of the Minister at the request of the interested parties. (Decree
No. 11658, dated 11 May 1926.)
According to the Circular (Portaría) No. 4842 of 26 March 1927 for the
provisional regulation of the question of workers' passports for neighbouring
countries, the obligation to possess a passport is suspended for workers
leaving to take up employment in such countries. An ordinary safe-conduct
suffices, the fee for which, amounting to 2.50 escudos, is allocated to the
emigration fund.
RUMANIA.—Passports for Rumanian emigrants are issued by a special
Commission attached to the Ministry of Labour.
Requests for permission to emigrate have to be addressed to this Commission, and must be accompanied by a complete set of certified documents.
These documents must offer proof that the applicant does not belong to
any of the categories whose emigration is prohibited (a certificate issued by
the competent tribunal, one issued by the collector of taxes, etc.); further,
the applicant's birth certificate with those of persons accompanying him,
and a certificate of literacy (i.e. to the effect t h a t he can both read and
write), in cases where the country of immigration requires it, must also be
supplied, together with a medical certificate, an occupational certificate,
a permit to enter the country of immigration in cases where the latter imposes
this condition, a declaration of civil status, i.e. whether the applicant is
unmarried, married, widowed, or divorced; the number, age and sex of his
children; his marriage certificate, if any; and the birth certificates of his
children. If he has dependent grandchildren, their parents' death certificates
must also be furnished. Finally, the applicant is required to supply two
signed photographs of himself, the identity of which must be duly certified
by the police. (Regulations of 22 J u n e 1925.)
Permission to emigrate is forwarded in exchange, accompanied by a
special passport known as an "emigration passport". To this a counterfoil
is affixed, to be detached upon leaving the country; it contains all the information which is required to be sent to the Ministry of Labour for the purpose
of preparing emigration statistics.
The period of validity of such passports is two years. This may, however,
be prolonged by consular authorities and entitle the holder to return to
Rumania. Such a passport may also be exchanged for a "repatriation
passport".
A passport issued to an individual whose Rumanian nationality is subject
to doubt only entitles the holder to leave the country ; it does not give him
the right to return. (Act of 11 April 1925, amplified by the Regulation
for the application thereof, dated 22 J u n e 1925.)
RUSSIA.—In accordance with an Ordinance dated 18 May 1922, Russians
desiring to leave their country must obtain a special permit issued by the
PASSPORTS, VISAS, AND IDENTITY CARDS
89
Commissary for Foreign Affairs. This permit is valid for a period of six
months' residence abroad, and may be renewed by a diplomatic representative of the Soviet Government. If the holder of a permit returns to
Russia after the expiry of the period for which this permit is valid, he can
be called upon to pay three times the amount of the normal fee.
SERB-CROAT-SLOVENE KINGDOM.—According to the Act of
30 December 1921, no emigrant may leave the national territory unless he
has obtained a special passport, available only for the journey from a
national port to a port in the country of destination; and he cannot return to
the national territory without a passport available for the journey from a
port in the country which he is leaving to a national port. Passports of
this kind are made out by the Ministry of Social Affairs and are issued to
emigrants who fulfil the conditions laid down by the Emigration Act, and
who supply the required certificates (i.e. those of the military, fiscal, and
judicial authorities respectively). An individual passport is only issued to
persons at least 18 years old; below that age, minors are mentioned on the
passport of the member of their family or other person designated by their
parents who is to accompany them 1.
All passports must bear the visa of the Yugoslav authorities; the exit
visa is compulsory for all nationals leaving the territory, in addition to the
consular visas of the various countries of destination.
The fee chargeable in respect of the issue of an "emigrant's passport"
amounts in all to 250 dinars 2. In eases where an individual in possession
of such a passport is unable to enter the country of destination owing to
his being refused admission by the authorities in such country, or if he
returns to his home country within ten months, the difference between
the amount of the special emigrant's fee and that charged for an ordinary
passport, available for six or for twelve months (20 dinars), is refunded to
him. (Reply to the questionnaire issued in 1025 by the Committee for
Communications and Transit.)
The Regulations of 1 December 1924 lay down the special procedure to
be followed in making application for passports for the United States.
SPAIN.—The Decree of 23 September 1916 instituted a special document
for emigrants—the identity card (Cartera de Identidad del emigrante). This
document has recently been modified in certain respects in order to conform
to the conditions laid down by certain countries for the admission of migrants
(Consolidated Act of 20 December 1924, section 66). I t takes the form of a
bound book, containing a photograph and the finger-prints of the individual
to whom it is issued, as well as all required information concerning his
identity, origin, position in regard to military service, destination,
the ship upon which he is authorised to embark, the port in which he is to
land and the date of his departure, the consular visas affixed upon his
departure and arrival respectively, information concerning the finding of
employment for the emigrant in question, his changes of residence in the
country of destination, his repatriation, and so forth.
Those parts which relate to the individual's position in respect of military
service and to his identity must bear the visa of the competent military
authority. The various certificates required by an emigrant as well as the
passport itself are all issued free of any charge whatever.
1 Cf. above, § 1, under heading (f).
One dinar = approximately 0-9d.
2
90
THE RIGHT TO EMIGRATE AND RESTRICTIONS
§ 3.—Exceptional Measures : Individual Exemptions
and Prohibitions
It has already been pointed out in Chapter II that the application of the emigration laws and regulations of each country
is limited to certain categories of individuals, according to the
meaning ascribed to the word "emigrant". Persons not coming
within the scope of the legal definition thus escape the measures
tending to restrict freedom of movement imposed upon emigrants.
Nevertheless the system applying to the ordinary traveller
constitutes a general method which forms in itself a kind of
exception to the rule governing emigrants.
No attempt will be made here to study the characteristics of
the system in general ; attention will only be given to exceptional
provisions affecting certain emigrants.
Exceptions to emigration laws thus limited are of various
kinds. First of all, there are measures which, while general in
their application to the individuals concerned, are nevertheless
exceptional in respect of the circumstances under which they come
temporarily into operation, and owing to which, the usual rules
are suspended for a determined period. These have already been
considered in detail under the various headings in § 1.
Other measures, again, provide for the suspension of emigration
t o a specified destination.
The general law governing departure
of emigrants may be amended in accordance with agreements
arrived at between one country and another ; pursuant to arrangements of this kind, conditions of age, sex, occupation, and
documents to be produced (contract of employment, medical
certificate, etc.) may differ when emigration is to be undertaken
to a specified country. Volume I I I of the present study contains
an analysis of these international agreements.
Exceptions to the general rule are sometimes found to exist
in rerpect of movements within the frontier zone; even when
such movements are for the purpose of following an occupation
upon foreign territory, the formalities laid down are often simplified. Chapter XII (Continental Emigration) contains dispositions relating to frontier traffic, and Chapter VI of Volume III
deals with the agreements regulating such traffic between two
countries concerned.
EXCEPTIONAL MEASURES : EXEMPTIONS AND PROHIBITIONS
91
Finally, there are measures of an individual character applied
in pursuance of exceptions provided for by law, or in virtue of
powers delegated b y law t o certain authorities, enabling t h e m
t o use their discretion under certain given circumstances. The
following paragraphs are concerned more especially with these
individual exceptions.
Moreover, an exception t o the general rule m a y take one of two
forms : it may exist in the shape of an exceptional authorisation
or as an exceptional prohibition. Exceptional authorisations
usually tend t o the simplification of the formalities t o be
complied with b y certain classes of emigrants with a view t o
their protection, in cases where it is obvious t h a t the risks t o be
guarded against do not exist. Thus, officials of emigration
services may sometimes exempt a married woman from t h e
necessity of obtaining her husband's permission, or minors m a y
be exempted from the need t o obtain t h a t of their parents.
Other exceptions are intended t o facilitate the reunion of families ; individuals who, b y reason of their sex, age, or condition of
health, would normally be forbidden t o emigrate m a y be allowed
t o do so in order t o accompany or rejoin the breadwinner of the
family, who is responsible for their maintenance.
On the other hand, individuals may be forbidden t o emigrate
with a view t o protecting t h e m against special risks t o which t h e y
might be exposed, e.g. in some countries women under legal age,
even if they have obtained the permission of parents or guardians,
and women of full age who are free from any legal guardianship,
m a y find t h a t t h e y are forbidden to emigrate if the passport
authorities have reason t o believe t h a t they m a y be the object
of traffic for immoral purposes. I t must be added, further,
t h a t , in general, passports are frequently either issued or refused
upon arbitrary grounds; it is only possible here, however, t o
mention t h e legislative provisions in existence by which power
t o decide in such cases is delegated t o certain specified authorities.
As the majority of these permitted exceptions have previously
been noted in the sections dealing with the rules t o which they
respectively relate, it is deemed unnecessary in the following
paragraphs t o give more t h a n a reference t o t h e section and
heading under which they have already been considered.
AUSTRALIAN
Cf. § 1, (k).
MANDATED
TERRITORY
:
New
Guinea.—
92
THE RIGHT TO EMIGRATE AND RESTRICTIONS
BELGIAN MANDATED TERRITORY : Ruanda-Urundi.—The
Governor of the territory may exempt natives of any frontier districts which
he may specify from the necessity of obtaining a passport in order to leave
Ruanda-Urundi. (Decree of 19 July 1926, section 2.)
Cf. under § 1, (j), the cases in which the contract of employment and the
security ordinarily required in the case of departing natives may be dispensed
with.
BELGIUM : Congo.—Cf. § 1, (e), for exemptions permitted in certain
cases from the deposit of security.
CZECHOSLOVAKIA.—Cf. under § 1, (f), exemptions from the obligation on the part of emigrant minors under 18 years of age, leaving to take
up employment on the continent of Europe, to obtain their father's permission ; under § 1, (h), exceptions in favour of old and infirm persons having
means of support; and, under § 1, (n), the exception which may be declared
by the Minister of Social Welfare in respect of the prohibition of subsidised
emigration.
GREECE.—Cf. under § 1, (f), the exceptional permission to emigrate
which may be accorded to minors by the Minister of the Interior and under
§l,(g), the exceptional permission which may be similarly granted to women
of full age.
HUNGARY.—For prohibition of the emigration of women under 40 years
of age when it is feared that they may be victims of the white slave traffic,
of- § 1, (g).
INDIA.—None of the provisions of the Emigration Act of 5 March 1922
apply in any case in which a person engages another to accompany him out
of India as his personal domestic servant (section 22 of the Act).
Cf. also under § 1, (k), of the present chapter exceptions which may be
declared by the Governor-General to the prohibition of emigration in the
case of unskilled workers.
ITALY.—For suspension of the provision forbidding young men liable
for military service to leave for abroad, when they are travelling with their
family or have some other urgent reason for leaving, cf. § 1, (d). See
also (f).
Somaliland.—Cf. under § 1, (a), the exception in favour of native
traders.
JAPAN.—Cf. under § 1, (a), the exception relative t o emigration t o
China and Korea.
LITHUANIA.—Cf. under § 1, (d), the exemption of citizens of the
Memel Territory from the prohibition of emigration in the case of men of
military service age.
NORWAY.—Cf. under %l,(d), exceptions in relation to military service
obligations pursuant to conventions.
PORTUGAL.—Cf. under § 1, (h), special permission accorded to infirm
and aged persons who can prove that they possess sufficient means of support
in the country of destination; and under § 1, (n), the exception to the prohibition of emigration with assisted passages when the assistance has been
granted to the emigrant by near relatives who have invited him.
I t will be recalled t h a t the Regulations dated 19 J u n e 1919 empower
Emigration commissioners to exempt women and minors who desire to
LEGISLATION RELATING TO CLANDESTINE EMIGRATION
93
emigrate from t h e necessity of obtaining respectively marital or paternal
authority ; it also empowers them to prevent the emigration of a minor or
a young girl when they are of opinion that he or she may be the object of
an immoral traffic.
Colonies.—The exception in respect of emigration to certain countries
with which emigration treaties have been concluded will be found under
§ 1, (a)The Decree of 14 October 1914 lays down (in section 83) t h a t in special
cases exceptions may be allowed to prohibitions temporarily enforced
in respect of emigration to certain Portuguese colonies; and further (in
section 260) that, in pursuance of agreements entered into, emigration to
South Africa and Rhodesia is subject to special regulations.
RUMANIA.—Cf. under § 1, (h), the permission to emigrate granted
to aged or infirm persons who can furnish proof that they have sufficient
means of support.
SPAIN.—Cf. under § 1, (d), facilities for fulfilment of their military
service obligations offered to young men emigrating to Spanish-American
countries.
For exemptions from t h e necessity for women and minors respectively
to obtain marital or paternal authorisation, cf. under § 1, ff) and (g).
Cf. also under § 1, (g), the prohibition of emigration in the case of women
who are suspected of being victims of the white slave traffic.
SWITZERLAND.—Cf. under § 1, (h), the cases in which permission
to emigrate may be granted to aged and infirm persons.
U N I T E D STATES OF AMERICA : Porto Rico.—Cf. under § 1, (h),
permission to emigrate granted in exceptional circumstances to aged persons
accompanying their family.
§ 4 . — L e g i s l a t i o n r e l a t i n g to Clandestine E m i g r a t i o n
In all times there have been emigrants who have endeavoured
t o reach a country t o which t h e y wished t o go b y embarking
clandestinely upon ships or trains which were just on the point,
of leaving. As a rule, these emigrants were poor wretches
without resources, who, having no means of meeting the cost of
a journey t o some far country, endeavoured t o get there in the
m a n n e r described. Once on board, and the ship making way,
t h e y either concealed themselves in a n y odd corner, taking care
t o avoid t h e captain's notice, and living upon a n y food given
t h e m b y members of the crew (in which case t h e y were known
as stowaways), or t h e y came forward and offered t o work their
passage, i.e. t o give their services in return for their maintenance,
a n d were then called "workaways". The offence committed b y
t h e latter was considered t o be in the n a t u r e of fraud, and was
dealt with b y t h e infliction of a not very heavy penalty.
94
THE RIGHT TO EMIGRATE AND RESTRICTIONS
Of recent years, however, clandestine emigration has taken on
a new aspect in consequence of the expansion of the practice of
regulating emigration, as a result of which very strict conditions
are imposed upon emigrants desiring to leave the country in
which they are domiciled, as well as upon immigrants wishing
to enter a foreign country. Those who take their chance of
clandestine embarkation nowadays are no longer only the starving
and penniless ; their ranks include many individuals who do not
conform, or who fear that they do not conform, to the regulations
in force; or who, desiring to enter the United States in defiance
of the quota regulation's, endeavour to evade the formalities
imposed, or who try to embark illicitly or to cross the frontier
with a view to embarking in another country. Such persons
often pay extremely high prices in order to ensure the assistance
of needed accomplices.
What is neither more nor less than a definite traffic in clandestine emigration has arisen on all sides, taking various forms;
in some cases, emigration agents ensure the irregular embarkation
of their clients upon recognised vessels ; in others, they facilitate
the clandestine passing of the frontiers by indirect routes, or
drive a trade in cleverly faked passports, contracts of employment
or other documents.
Many countries have taken very severe measures to put a
stop to proceedings of this kind. Very severe penalties are
inflicted upon clandestine emigrants, and the punishment of
those who assist them is even heavier. Other countries, again,
lay down strict regulations with a view to preventing their
nationals from arriving at their destination by irregular or indirect
routes.
Certain offences may be considered as related to clandestine
emigration. Thus, the almost universal obligation to carry a
passport arises from the fact that it is almost universally forbidden
to travel without one ; and this offence is dealt with more or less
severely in all countries. Desertion, again, is strictly repressed
by military laws; and while this is a matter which cannot be
considered here, it naturally follows that the offence of clandestine
emigration is aggravated by the fact that the delinquent is liable
to military obligations, which differ with his age. Cases of the
latter kind are the only ones which call for consideration in the
following paragraphs.
LEGISLATION RELATING TO CLANDESTINE EMIGRATION
95
BELGIAN MANDATED TERRITORY : Ruanda-Urundi.—Where
a native is required to possess a passport in order t o leave the territory,
i.e. in all cases other than t h a t of frontier traffic, it is forbidden under any
circumstances or upon whatever pretext to take him out of the territory,
or in any way t o assist him t o leave. Chapter X , § 5, gives a n account of
the penalties incurred in such cases. (Decree of 19 July 1926, sections 2
and 13.)
FRENCH MANDATED TERRITORY : Cameroons.—By the Decree
of 9 July 1925, a native who endeavours to leave the territory without a
personal authorisation issued by the French authorities, or without making
the prescribed deposit, becomes liable t o a fine of from 50 to 500 francs 1,
or to a penalty of from 5 days' to one month's imprisonment.
AUSTRALIA.—The Navigation Act No. 4 of 1913 provides t h a t no
person shall secrete himself or go to sea in a ship without the consent of
some person entitled to give t h a t consent.
BELGIUM.—The Act of 28 July 1923 lays down in section 1 t h a t a
penalty of from
8 days' to 6 months' imprisonment and a fine of from 26 to
300 francs 2, or one of these penalties, shall be inflicted upon any person
found to have embarked irregularly upon a Belgian ship in any place, or
on board a foreign vessel in Belgian waters, as well as upon his accomplices.
If it is impossible to put the delinquent ashore immediately, he shall be
regarded as a member of the crew, compelled to undertake any duties allotted
to him without payment; and shall be subjected to the disciplinary provisions applicable to the crew of the ship.
CANADA.—The Merchant Shipping Act lays down in section 303 t h a t
any person who secretes himself and goes to sea on board a Canadian vessel
without the consent of her owners or those who are in charge of her shall
be liable to a fine of up to 80 dollars 3 with imprisonment for a period not
exceeding four weeks.
CHINA.—Any agent secretly recruiting workers in violation of Emigration Regulations becomes liable to imprisonment with hard labour,
together with a fine. (Regulation of 21 April 1918, section 17.)
DENMARK.—By the Navigation Act of 1 May 1923, section 62, a
seaman allowing unauthorised persons to hide on board a ship is liable to
a deduction of from one t o seven days' wages.
The Navigation Acts of Finland (8 March 1924), Norway (16 February
1923), and Sweden (15 June 1922) contain similar provisions.
FRANCE.—The Act of 30 May 1923, relating specifically to this question,
lays down that any person going on board a ship with the intention of undertaking a long
journey fraudulently shall be liable to a fine of from 16 to
500 francs l together with imprisonment for a period of from six days t o
six months. Accomplices of such offenders are liable to still severer punishment ; a person who, either on board ship or on land assists the embarkation
or putting ashore of any clandestine passenger, or who hides or supplies food
to any such passenger shall be liable to a fine of from 100 to 3,000 francs,
together with imprisonment for a period of from six days to six months.
I n case of a repetition of the offence, the penalty may be increased to a
1
2
3
One French franc = approximately 2d.
One Belgian franc = approximately l'4d.
One Canadian dollar = approximately is. Id. (28 Jan. 1928).
96
THE RIGHT TO EMIGRATE AND RESTRICTIONS
fine of 10,000 francs with imprisonment for a period of two years. I n the
case of persons having combined for the purpose of assisting clandestine
embarkation, these penalties are doubled.
The Act was extended to applv to the French Colonies by Decree of
1 July 1923, and to Algeria by Decree of 11 July 1824.
Morocco.—The provisions of the French Act dated 30 March 1923
relating to clandestine embarkation on board merchant ships were promulgated in Morocco b y a D a h i r of 14 November 1923, and were subsequently
incorporated in the Commercial Code, under section 279.
Moreover, in order to put down the clandestine emigration of Moroccan
workers into France—there are large numbers of native workers who endeavour to evade the regulations laid down by embarking outside the territory—
Moroccan workers leaving for Tangier have to produce the same documents
as those leaving for Algeria. Further, the authorities entrusted with frontier
control are instructed to keep a strict watch over the movement of natives,
and to turn back to their country of origin all those whose departure is not
in conformity with the regulations. Instructions are also given t h a t the
same documents shall be required a t Tangier as upon leaving the French
zone of Morocco. Finally, in pursuance of an understanding arrived a t
between the General Residency in Morocco, the General Government of
Algeria and t h a t of Tunis, the same documents again are required to be
produced by Moroccans embarking in Algerian and Tunisian ports with the
intention of going to France.
Permits to cross the Algerian frontier are only to be issued to natives with
the greatest circumspection, and then only to those who have commercial
or urgent family reasons for going to Algeria. Permits to cross the frontier
for the purpose of so-called employment in the East Moroccan Zone are
suspended. Upon arrival in France Moroccan migrants are again required
to produce the documents referred to above.
Falsification of contracts of employment and identity cards, in which
a thriving trade used to be done by recruiters, is severely repressed. I n
order to put a stop to the traffic in these contracts, numerous precautions
are taken in the way of punching or stamping and visas. (Circulars No. 21
of 15 October 1923, No. 9 of 23 February 1924, and No. 15 of 7 March 1925.)
GREAT BRITAIN.—The Merchant Shipping Act 1894 (section 237)
provides t h a t if a person secretes himself or goes to sea in a ship without the
consent of either the owner, consignee or master, or of a mate or of the
person in charge of the ship, or of any other person entitled to give t h a t
consent, he shall be liable to a ñne not exceeding £20 or to imprisonment
with or without hard labour for a period not exceeding four weeks.
Every person who goes to sea in a ship without such consent shall, so
long as he remains in the ship, be subject to the same laws and regulations
for preserving discipline, and to the same fines and punishment for offences
constituting or tending to a breach of discipline as if he were a member of,
and had signed the agreement with, the crew.
Colonies.—The provisions dealing with clandestine emigration contained
in the British Merchant Shipping Act are repeated in the Straits Settlements
(Merchant Shipping Ordinance No. 125 of 1926, section 131), with a slight
variation in the amount of the fine, which is $200 1 instead of £20. A similar
provision for the Colony of Fiji is to be found in the Merchant Shipping
Ordinance 1908 (section 237).
I n Hongkong, according to the Stowaways Ordinance, 1924, any person
found on board any ship in the waters of the colony, and attempting to
obtain a passage therein without the consent of the owner, is considered a
stowaway. Every such person may be arrested without warning by the
1
One Straits Settlements dollar = approximately 2s. 4d. (28 Jan. 1.928).
LEGISLATION
RELATING
TO
CLANDESTINE
EMIGRATION
97
master or any member of the crew of the ship on which the offence was
committed. Upon conviction such person shall be liable to a fine not
exceeding f 1,000 1 , and to imprisonment for any term not exceeding nine
months.
In Jamaica the Emigrants Protection Act of 1924 lays down in section 12
that any person who shall attempt to proceed without a permit as a passenger
to any approved place, or who shall obtain or attempt to obtain the permit
either for himself or for any other person by any false pretence or shall
use or attempt to use for the purpose of proceeding to any approved place
any permit granted to any other person, shall be liable to imprisonment
with or without hard labour for any term not exceeding three months.
I n Trinidad and Tobago, according to the Merchant Shipping Ordinance
1916 (section 17, subsection 4), any person who travels or attempts to travel
in any foreign-going passenger ship with intent to avoid payment of his fare
shall be liable to a penalty not exceeding £10, or to imprisonment with or
without hard labour for any term not exceeding three months.
GREECE.—The penal and disciplinary code of the Merchant Marine
dated IS December 1923 provides for a penalty
of six months' imprisonment
and a fine not exceeding 500 drachmas 2 to be inflicted upon the master of
a vessel in which a passenger is found whose name does not appear upon
the passenger list; if the stowaway in question is liable for the performance
of military duties or is the object of criminal proceedings, the responsible
master as well as other accomplices, whether actually on board the ship
or not, shall be liable to a penalty of not less than two years' imprisonment.
A person embarking upon a ship for the purpose of proceeding abroad
without the knowledge of the master and without paying his passage is
liable to a term of imprisonment not exceeding two months. The captain
is authorised to put such person ashore in any port he may choose (sections 44
and 51).
HAITI.—The Act of 28 February 1924 lays down in section 14 that an
emigrant leaving or attempting to leave without a special passport shall be
liable to a fine of from 200 to 400 gourdes 3 , or a term of imprisonment of
from 10 days to 1 month, or both.
The amending Act of 16 April 1924 lays down t h a t the master of a vessel
who allows emigrants unprovided with the special passport prescribed by
law to go on board, shall be liable to a fine of from 1,000 to 5,000 gourdes,
with a term of imprisonment of from one to six months. I n such case, the
agents of shipping lines, owners and consignees of vessels may be held jointly
responsible.
HUNGARY.—The Emigration Act of 1909 makes the offence of inciting
a n unauthorised person to emigrate punishable by a term of imprisonment
of from three to six months, with a fine of from 1,000 to 4,000 crowns
{section 37).
INDIA.—The Indian Emigration Act of 5 March 1922 lays down that any
person who emigrates or attempts to emigrate except in conformity with
t h e provisions of the Act or of the rules made under the Act, more especially
any person who, except in conformity with those provisions, departs by land
out of British India for the purpose of emigrating to a country beyond the
sea, shall be punishable with a fine which may amount to 50 rupees 4 . Any
person who induces, or attempts to induce, any person to emigrate under
1
One
One
3
One
4
One
2
HougivOii3 dollar = approximately i s . 6d. Í28 J a n . 1928).
drachma = approximately 0 - 7d.
gourde = approximately lOd.
rupee = approximately Is. 6d. <28 J a n . 1928).
S
98
THE EIGHT TO EMIGRATE AND RESTRICTIONS
such conditions shall be punishable with a fine, which may amount to
500 rupees.
ITALY.—The consolidated text of the Emigration Act of 19 November
1919 recalls in section 8 that the Italian Penal 0 Code declares a person
persuading an emigrant to embark clandestinely liable to a penalty of
up to six months' imprisonment with a fine of 1,000 lire 1 . Section 68 of
the same Act lays down that a person who induces or assists the emigration
of one or more persons not complying with the conditions prescribed by
laws and regulations, or who induces or assists emigration coming under
a prohibition issued by the Ministry of Foreign Affairs by which emigration
to some specific region is suspended, shall be liable to a penalty of up to
six months' imprisonment, with a fine of from 100 to 1,000 lire. Finally,
a person found in possession of a passport issued to another is liable to a
fine of from 50 to 500 lire with a term of up to two months' imprisonment.
For the Circular of 15 February 1926 relating to the suppression of clandestine emigration to the United States via Spain, cf. page 77.
I t is laid down in the Legislative Decree of 6 November 1926 (section 160),
t h a t a person attempting to leave the country clandestinely shall be
punishable, if the motive was a political one, with not less t h a n two years'
imprisonment and a fine of 20,000 lire, and in other cases by six months'
imprisonment and a fine of 2,000 lire. Recourse may be had to the use of
arms for the purpose of preventing persons from crossing the frontier a t
other than authorised points.
J A P A N : Korea.—An emigrant leaving the country without permission,
or with permission obtained by illegal procedure or in defiance 2of an order
suspending emigration is liable to a fine of from 5 to 50 yen .
An agent entering into an emigration arrangement with or assisting the
emigration of unauthorised persons, is liable to a fine of from 50 to 500 yen.
(Emigrants Protection Act, 19Q6-1908, section XIV.)
MEXICO.—Any person who acts as a go-between for the purpose of
assisting wage-earners not in possession of the contract of work prescribed
by law to emigrate, or who assists the emigration of workers under contract
otherwise than in accordance with the provisions of the Emigration Act,
is liable to a term of from one t o two years' imprisonment, and a fine of
from 100 to 200 pesos s .
Any master of a ship who allows passengers or members of his crew to
embark in a Mexican port without complying with the formalities laid down
in the Emigration Act is liable to a fine of from 100 to 1,000 pesos.
Officials of the Emigration Service may require the assistance of the
police for the purpose of preventing the departure of persons who have not
complied with the provisions of the Act. (Act of 12 March 1926, sections 11,
93, and 96.)
The same Act lays down in section 17 t h a t the Minister of the Interior
shall take all necessary steps to prevent the emigration of Mexican workers
in contravention either of the laws of the country to which they are going,
or of Mexican laws ; and t h a t he shall, with t h a t object, set up both permanent
and provisional supervisory services in whatever parts of the national
territory he may think proper.
PORTUGAL.—The Decree No. 5624 of 10 May 1919 declares that a
person who emigrates, or attempts t o emigrate, clandestinely, shall be
1
One lira = approximately 2-7<3.
One yen = approximately Is. lflèd.
3
One Mexican peso •=• approximately 2s. Id.
2
LEGISLATION RELATING TO CLANDESTINE EMIGRATION
99
liable to a fine of from 10 to 30 escudos and to a term of imprisonment of
from 15 days to three months.
Duly licensed emigration or transport agents abetting clandestine emigration shall be deprived of their licences and shall be liable to a fine of
500 escudos, with a term of from one to three months' imprisonment.
Persons not possessing such licence and abetting clandestine emigration
shall, in addition to the above penalty, pay twice the fee normally payable
in respect of such licence (sections 22 and 41).
The duty of repressing clandestine emigration is entrusted to officials of
the Emigration Department, and to the civil, military, and fiscal authorities
who have to verify passengers' papers. Section 69 of the same Decree
empowers these officials to arrest any person not complying with the provisions of the Decree, and to hand him over to the General Emigration
Department.
Colonies.—Any person recruiting native workers with the intention of
causing them to emigrate into a territory to which emigration is prohibited,
and any accomplice of such person, is liable to a term of from one month's
to one year's imprisonment and to a fine not exceeding 1,000 escudos 1 .
Should the offender be a foreigner, he shall, after discharging his sentence,
be expelled from the country.
Natives who attempt to emigrate from a Portuguese territory whence
emigration is forbidden shall be arrested wherever they are found without
passports, and shall be reconducted to the district in which they live, where
they shall be sentenced to the penalties laid down in local regulations.
Should a clandestine emigrant return of his own accord, account shall be
taken of the fact in inflicting the sentence. (Decree of 14 October 1914,
sections 213 and 214.)
SERB-CROAT-SLOVENE KINGDOM.—A passenger or emigrant
attempting to embark with counterfeit or unsatisfactory documents shall
be liable to a term of six months' imprisonment or a fine not exceeding
1,000 dinars 2. (Act of 30 December 1921, section 35, h.)
SPAIN.—Emigrants embarking in contravention of the provisions of
the law and found on board during a journey are handed over to the Spanish
Consul at the first port at which the vessel calls ; and the shipping agents are
obliged to repatriate them and provide for their needs during the return
journey until their arrival in Spain. Once there, they are liable to all the
penal and civil sanctions applicable to their offence. These conditions
also apply if it appears that the master consented to the presence on board
of the persons concerned, knowing them to be unprovided with tickets for
the journey. In cases where it does not appear that the master connived
at the offence, the offender must nevertheless be repatriated at the expense
of the shipping company; but, in such circumstances, the master is entitled
to make use of the offender's services during the time he is on board.
Further, shipowners or consignees who enter into a contract to transport
a person forbidden by law to emigrate, or who receive such a person on
board their ships without a ticket for the journey, are declared to be guilty
of an offence. (Emigration Act of 20 December 1924, sections 57 and 58,
and Regulations relating thereto, sections 139 and 142.)
1
2
One Portuguese escudo = 2éd.
One dinar = approximately 0-9d.
100
THE RIGHT TO EMIGRATE AND RESTRICTIONS
§ 5.—Special Legislation relating to Seamen
The employment of seamen by a foreign undertaking may be
assimilated to the emigration of persons who go to work temporarily in a foreign industrial or agricultural establishment, since
seamen employed on board a foreign vessel come under the
jurisdiction of the country whose flag she flies. Moreover, cases
in which seamen employed on board a national vessel leave the
said vessel in order to remain, after her departure, upon foreign
territory may also be assimilated to emigration.
Without entering, so far as the emigration of seamen is concerned, upon a detailed study of the regulations in force in each
country, it would seem opportune to take a glance at some of
the typical provisions laid down in relation to the two aspects
of seafaring life just referred to.
Furthermore, the engagement of foreign seamen for work upon
a national vessel and the cases in which foreign members of a
ship's crew remain upon the national territory after her departure
may both be regarded as examples of immigration. Regulations
dealing with questions of this nature will be found in Chapter I I I
of Volume I I .
ENGAGEMENT AND FINDING EMPLOYMENT
The regulation of the engagement of seamen for work on
foreign vessels 1, where it exists at all, is based upon varying
principles. In some countries it comes under the ordinary rules
for the engagement of seamen. For example, the Canadian
Merchant Shipping Act declares in section 322 that, apait from
contractual piovisions laid down in the treaties, the general
provisions governing the engagement of seamen shall apply to
foreign vessels shipping a crew in Canada.
Specially strict provisions sometimes exist in respect of the
engagement of Asiatic and African seamen to serve on foreign
vessels. The Indian Merchant Shipping Act of 2 April 1923,
1
In the study issued by the INTERNATIONAL LABOUR OFFICE entitled Seamen's Articles
of Ayreement (Studies and Reports, Series P., No. 1), Geneva, 1926, extracts are given from
maritime laws and regulations of various countries, relating to the engagement, dismissal,
and repatriation ol seamen.
ENGAGEMENT AND FINDING EMPLOYMENT
101
consolidating enactments relating t o Merchant Shipping, requires
t h e master of a foreign vessel engaging a native seaman in any
port in British India t o enter into and sign an agreement with
the seaman in the presence of a competent authority, and moreover t o give a bond with the security of some approved person
resident in India for the sum of 100 rupees for the due performance
of such agreement, and for the provision of a n y assistance which
m a y be required by the seaman should he be discharged or left
behind at any port out of British India (sections 30 and 38).
The same Act provides further t h a t the Local Government of
an Indian port may, b y order in writing, forbid any person from
engaging in the territories subject t o the said Government any
native of India t o serve as a seaman on any ship specified in such
order (section 40).
Similar provisions relating to the employment of native seamen
on foreign vessels are in force in the Belgian Congo (Decree relating
t o the Emigration of Blacks, 14 August, 1923), as also in a
certain number of British colonies (Barbados : Repatriation Act
of 1923; Fiji : Emigration Ordinance of 1892; Trinidad and
Tobago : Merchant Shipping Act, 1917; Saint Lucia : Foreign
Ships Ordinance, 1924; Straits Settlements : Merchant Shipping
Ordinance, 1926).
Several laws and regulations specify t h a t an agreement can
only be entered into b y the master of the vessel personally, or
at all events b y one of the ship's officers, e.g. in the Straits Settlements. I n some countries engagement is only permitted on
board ships flying the flag of the mother-country or of a country
which is represented in the colony in question by a consul
{Hongkong, Merchant Shipping Ordinance, 1899).
I n several French colonies, the engagement of natives for
work on board a foreign vessel is subject t o conditions very
similar t o those which regulate the engagement of other workers
for employment abroad, e.g. the captain must deposit security,
just as an employer is required t o do, and must undertake t o
repatriate the native upon the termination of his contract
(French West Africa, Order issued b y the Governor-General on
4 March 1926 in virtue of powers accorded t o this effect b y t h e
Decree of 25 J u l y 1925; Somali Coast, Order of 6 September 1920,
amended in 1924). I n these same colonies the conditions of
employment of natives on board French vessels differ noticeably.
102
THE RIGHT TO EMIGRATE AND RESTRICTIONS
I n West Africa, particularly, such employment is subject (like the
embarkation of seamen, who are natives of the mother-country,
in the national navy) t o registration of the seaman b y t h e Office
for Maritime Registration (Bureau de l'inscription
maritime)
and t o the issue of a navigation book (livret de navigation).
Very frequently, police formalities imposed for the purpose
of leaving the territory are simplified in the case of seamen
leaving upon termination of their agreement. For example,
t h e y are not required t o obtain a passport. Sometimes, however,
when t h e engagement contracted necessitates their being taken
t o a foreign port, they have t o be provided with various papers
(police and military certificates) which are required for nationals
leaving the territory. This is the case in Finland, in accordance
with the Passport Order of 15 December 1923.
The finding of employment for seamen is effected either by
private employment offices, with all the inconveniences attaching
- t o finding employment as a commercial enterprise, or b y official
employment exchanges, which often constitute specialised
services for this purposes, e.g. the Commercial Employment
Exchange at R o t t e r d a m ; or, again, by joint organisations of
shipowners and seamen. As there are very few occupations
which are so essentially international as t h a t of the seaman, the
International Labour Conference at its Second Session (Genoa,
1920) adopted a Draft Convention laying down international
regulations for finding employment for seamen, in order t o guard
against the abuses resultant upon the placing of seamen b y
private agencies *.
SEAMEN REMAINING IN A FOREIGN
COUNTRY
On the other hand, various measures exist t o deal with the
case of seamen who, having been engaged in a national port*
leave their ship in a foreign port. There are several different
cases t o be considered.
(a) Expiration of engagement while abroad.—If the seaman's
contract of employment is for a fixed period, such period may
1
Cf. Volume III, Chapter IV.
SEAMEN REMAINING IN A FOREIGN COUNTRY
103
expire before the vessel completes her voyage. The French
Maritime Act of 13 December 1926 provides t h a t in such case
the engagement shall be prolonged until arrival in a French
port, if the vessel is due t o return t o France within one month
from the expiration of the contract of employment (section 94).
I n a similar case, the Spanish Act of 26 March 1925 lays down
t h a t the contract shall be extended until the arrival of the vessel
in the port stated in the contract as t h a t t o which the seaman
shall be taken back at the expiration of his engagement (sections 3
and 4), unless the vessel previously touches at a Spanish port
and, upon the request of either p a r t y t o the agreement, the
seaman is repatriated from such port b y some other means, at
t h e expense of the shipowner.
When the engagement is not for a fixed period, several Maritime
Acts provide t h a t the contract m a y only be cancelled b y either
p a r t y in a national port of call (Denmark, Act of 1 May 1923;
Finland, Act of 8 March 1924; Norway, Act of 16 February 1923;
Sweden, Act of 15 J u n e 1922, sections 2 a n d 13). However,
the same Acts lay down t h a t if a seaman's engagement is prolonged after the expiry date the contract may, during the term
of such prolongation, and after due notice has been legally given,
be cancelled b y either p a r t y in a foreign port. Nevertheless, if
the law or the local authorities in the said foreign port where
the seaman is t o be put ashore forbid him t o land or make his
admission subject t o the deposit of security which the seaman
cannot give, the latter must continue his duties on board the
vessel until she reaches a port where he can be put ashore
(section 17).
(b) Discharge while abroad.—The discharge of a seaman while
in a foreign country is regulated in accordance with varying
principles; the Belgian Commercial Code of 1908 lays down
t h a t a master may in no case discharge a seaman in a foreign
country (section 107); the German (Seamen's Act of 1902,
section 83), British (Merchant Shipping Act of 1906, section 30),
and French (Act of 13 December 1926, section 95) laws prohibit
the discharge of a seaman under such circumstances except
with the consent of the Maritime authorities.
The Canadian Merchant Shipping Act lays down t h a t every
master of a foreign sea-going ship who discharges a seaman
without previously obtaining the sanction of a competent British
104
THE BIGHT TO EMIGRATE AND RESTRICTIONS
official or leaves a seaman behind without due cause is guilty
of an indictable offence (sections 265 and 266).
I n cases where discharge is permitted, a seaman discharged
in a foreign port must, in accordance with the provisions of
section 39 of the French Act, be repatriated a t the expense of
the shipowners t o the port in which he was engaged, unless he
has been discharged for insubordination. According t o German
law, a seaman discharged without due cause is entitled t o the
payment of his passage home and also t o payment of his wages
during the return journey, in conformity with calculations made
in agreement with a scale fixed b y law (sections 72 and 73 of the
Seamen's Act of 1902). The Danish, Finnish, Norwegian and
Swedish laws indicate certain specific circumstances in which
discharge is permissible without payment of the seaman's passage
home; in all other cases, repatriation of a discharged seaman
must be undertaken at the shipowner's expense, and payment
of the seaman's wages must continue during t h e return journey,
a minimum period varying with his grade being stipulated. The
British Act of 1906 lays down in section 32 t h a t , except in t h e
case of a foreign seaman who has been shipped a t a port out of
the United Kingdom, the master of the ship shall make adequate
provision for his maintenance and return t o a proper return
port (a definition of which is given) unless the seaman has been
guilty of barratry.
(c) The French Act of 1926 lays down t h a t , if a seaman is
discharged at an intermediate port after résiliation of the contract
by common agreement between the parties, the expenses of
repatriation m a y be borne by either of t h e m in accordance with
the decision t o which t h e y may come.
(d) I t sometimes becomes necessary t o p u t a seaman ashore
owing t o his condition of health, if he has contracted a disease
or met with an injury calling for treatment in a hospital ashore.
In such case various measures are taken t o ensure him the
necessary care and attention during his illness in a foreign
country, and for his subsequent repatriation. The Danish,
Norwegian, and Swedish Acts already cited stipulate in section 27
t h a t the master of a ship shall hand the sick m a n over t o a
national consul, or, if there is no national consul a t t h e port shall
have him placed in hospital and shall inform the nearest national
consul of t h e steps taken. I n general, maritime laws provide
SEAMEN REMAINING IN A FOREIGN COUNTRY
105
t h a t the seaman's wages shall continue t o be paid during a certain
period fixed in each case—usually three or four months. The
Netherlands Commercial Code lays down in section 426 t h a t
under such circumstances t h e wages must be paid until t h e
seaman returns after recovery t o the place from which he originally sailed. Expenses of hospital treatment and subsequent
repatriation following recovery from illness or healing of the injury
have as a rule t o be borne b y t h e owner of the vessel, if the case is
one of fortuitous illness or accidental injury. When, however,
illness or accident is the result of deliberate intention on the
seaman's part, he has t o bear the expenses thereof himself (cf. the
Danish, Finnish, French, German, Norwegian, and Swedish Acts
already cited). But the Danish, Norwegian, and Swedish Acts
specify t h a t if an opportunity occurs of finding work for the
seaman on board a ship which is going t o his country of origin
or t o a port near it from which it would be easy to repatriate
him, t h e seaman must accept t h e employment offered if his
physical condition is such as t o enable him t o perform the work,
and provided t h a t the position available is not inferior t o t h a t
previously held by him on the vessel t o which he belonged
(section 28). The Danish, Norwegian, and Swedish Acts provide
t h a t , if a sick or injured seaman has t o be left in a foreign country,
the sum required t o cover the expenses of treatment, maintenance,
and repatriation of the seaman shall be handed t o the national
consul b y the master of the vessel. An inclusive sum is fixed
for this purpose in the case of French vessels, in accordance with
an official tariff (cf. the Act of 13 December 1926). In the
Scandinavian laws previously referred to, it is further provided
t h a t for certain specific diseases the expenses of hospital treatment
and accommodation and of t h e passage home are t o be borne
by the State (section 28). The same laws provide t h a t special
rules shall be drawn u p for cases in which a seaman has been
shipped outside of European waters.
If a sick or injured seaman is put ashore and left in a foreign
country without resources sufficient to provide for his care and
repatriation, the Greek Penal and Disciplinary Code of t h e Mercantile Marine, dated 13 December 1923, section 44, lays down
t h a t the master shall be liable t o detention and a fine; while the
Brazilian Regulations relating t o Harbour Authorities, 1925,
stipulate t h a t the master of a ship leaving a member of the crew
106
THE EIGHT TO EMIGEATE AND EESTEICTIONS
in such circumstances shall be fined, in addition t o having t o
pay the full amount due for wages, medical assistance, maintenance and repatriation (section 577).
(e) Cases m a y occur in which a ship is lost owing t o mishap
outside national waters. Most maritime laws lay down t h a t in
such circumstances the repatriation of distressed seamen who
either are nationals or were employed on board a national vessel,
together with their maintenance, shall be provided for by the
State in cases where the master or owner of t h e vessel is not in
a position t o d o so. However, should a n opportunity arise t o
provide the seamen with suitable employment on board a vessel
bound for the country t o which they are to be repatriated, this
method of repatriation may be adopted (for instance, Germany,
Seamen's Act, 1902, section 79; Great Britain, Merchant Shipping
Act, 1906, sections 41 t o 46; Danish, Finnish, Norwegian a n d
Swedish Maritime Acts already cited, section 41). A large
number of bilateral treaties and an International Labour Convention have been concluded with reference t o the assistance t o
be afforded t o distressed seamen (cf. Volume I I I , Chapter IV).
(f) Desertion is an offence against discipline which is punished
b y all maritime laws. When desertion takes place in a foreign
country, the fact then constitutes a kind of clandestine emigration, which is checked b y both the countries concerned. Moreover, in m a n y cases t h e country t o which t h e vessel belongs
regards desertion abroad as a specially grave offence, e.g. in
Belgium, where the Maritime Disciplinary a n d Penal Code of
1849 in sections 18 and 19 draws a further distinction between
desertion taking place in a European country a n d desertion in
a country outside Europe. I n Italy (Mercantile Marine Regulations, section 265), and Greece (Decree cited, section 30), t h e
penalty is doubled; in Spain, the Decree of 21 J u n e 1923 approving the Draft Penal Act for the Mercantile Marine lays down in
section 46 t h a t a seaman who absents himself from his ship in
a foreign port is guilty of the crime of desertion. The majority
of existing consular regulations include among the foremost
duties of a consul t h a t of affording the needed assistance t o the
masters of national vessels for t h e purpose of recovering seamen
who have deserted abroad; and consular agreements provide
in such cases for assistance of the authorities in the country
where desertion has taken place.
SEAMEN REMAINING I N A FOREIGN COUNTRY
107
(g) Finally, maritime laws sometimes make provision for
cases in which the vessel changes her nationality in consequence
of a change of ownership. The German, Danish, Finnish, Norwegian, and Swedish Acts above referred to stipulate that in such
cases the seaman shall be entitled to claim his discharge together
with compensation for the loss suffered by him, such compensation to be sufficient to cover repatriation to the port stated
in his agreement, maintenance during the journey, and his wages
for a stipulated period which varies according to his grade on
board K
1
A Spanish Decree, received too late for the relevant passages to be indicated here,
lays down several tresh restrictions on the right to emigrate. An analysis is given in
Supplement II ; the principal matters therein referred to relate to the emigration of minors,
women, unskilled workers, and persons previously repatriated, as well as to repatriation
itself.
108
EMIGRATION
SERVICES
CHAPTER IV
EMIGRATION
§ 1.—Official
SERVICES
Departments
The enforcement of the laws and regulations regarding the
supervision of emigration and the protection of emigrants is
carried out in the various countries b y administrative methods
which, when considered as a whole, m a y be included in one
or other of the t w o following systems. Either the various
administrative measures governing emigration are executed b y
the ordinary government departments, work being found for
emigrants abroad through the medium of official employment
offices, and passports issued b y the competent Government
department, or the various duties connected with emigration
are entrusted t o special emigration services which are attached
t o one of the Government departments or are simply supervised
b y one of these and enjoy more or less complete autonomy.
The creation of special departments uniting t h e various
emigration services under a single management is n o novelty.
The extension of this system is due t o t h e increasing complexity
of emigration laws which has made it desirable t o set u p , in
countries where large population movements take place, special
administrative departments t o secure t h e proper enforcement
of legislative measures. At the present time, however, there
is a general tendency t o reduce the autonomy of these departments. Generally speaking, their duties are t o supply prospective
emigrants with precise information on all questions affecting
them, t o regulate the recruitment of nationals for abroad and even
t o take steps t o find t h e m employment there, t o supervise the
operations of transport agencies, t o establish a control in the
OFFICIAL DEPARTMENTS
109
ports and stations of departure by inspecting concentration
centres and emigrant ships, t o secure protection for emigrants
during the voyage, and even abroad, and t o guarantee favourable
conditions for emigrants retarning and re-settling in their native
country.
Where no central emigration services exist, ordinary administrative officials are generally entrusted with one or other of these
duties. Thus it is t h a t the inspection of emigrants a t points
of departure is sometimes carried out b y the police or the port
sanitary authorities, the protection of emigrants abroad b y
consuls, etc.
The executive services are frequently aided in their work b y
advisory bodies whose d u t y it is t o establish contact between
the legislative or executive authorities and persons affected
by the legislation and administration of the public authorities.
These advisory bodies are, as a rule, composed of competent
persons representing various interests, and their opinions carry
weight in the emigration policy of the Governments a n d help
t h e m t o make decisions founded on actual requirements.
A special emigration budget is often constituted t o cover the
cost of the emigration services and an emigration fund set u p
t o feed this budget, which does not derive its resources from the
general resources of the State budget. As a general rule this
fund is supported b y the persons and institutions concerned,
b y t h e emigrants who benefit from the special protection afforded
b y the emigration services which «ire extended t o t h e m even
when they have settled in other countries and have ceased t o pay
taxes in their native land, and b y the emigration and transport
companies which make considerable profit from migration
movements, while causing heavy expenditure for the emigration
authorities for the supervision of their activities. The main
revenue of the emigration funds is derived from taxes on passports
and passage tickets, the annual fees paid by emigration agencies
and transport companies, and from fines inflicted for infringements
of the emigration laws. In some cases this revenue is further
increased by Government subsidies, gifts and from certain
other more or less insignificant sources which will be mentioned
for each country in our study of the administrative organisation
of emigration.
I n any case whether a separate emigration budget exists
110
EMIGRATION SERVICES
or not, there are a number of taxes resulting from emigration
which, paid into the Treasury, help to cover the cost of the
official departments entrusted with the enforcement of the
emigration laws.
Attention should also be drawn, when considering emigration
departments, to those institutions which are set up for the
development of colonisation and of national industry abroad,
and, in particular, to the credit institutions which provide the
necessary resources for the foundation of agricultural or manufacturing enterprises capable of giving employment in the colonies
or abroad to the excess labour in the home countries.
In describing the organisations particular to each country,
the iollowing four subdivisions will be made :
(1) Administrative services (commissariats) and emigration
offices, or competent Ministries and departments;
(2) Advisory organisations (councils and committees);
(3) Special emigration funds and emigration budgets;
(4) Colonial and other institutions.
FRENCH MANDATED TERRITORY : Syria and Lebanon.—
Administrative Services. Order No. 2975 of 4 December 1924 stipulates
t h a t the Governments of the States shall nominate, in all districts where
their services are required, special emigration commissioners, whose duties
will be defined by the Order appointing them. These commissioners will
be required to supervise the observance of the regulations and to supply
requisite information to all persons concerned.
Notice of their appointment is to be given to the High Commissioner
(Direction de la Sûreté générale) with the shortest possible delay.
AUSTRIA.—Administrative Services. According to Act No. 277 of
21 July 1925 on the administrative organisation of the Austrian Republic
(Chapter 2, section 17), the Chancellery of the Austrian Confederation
(Bundeskanzleramt) is the sole legal authority competent in emigration
matters; in exceptional cases, however, the Chancellery may co-operate in
such matters with the Minister of Social Welfare.
The Chancellery is entrusted with issuing licences to companies engaged
in recruiting and transporting emigrants, and to agencies for the sale of
steerage and third-class tickets. I t also maintains contact with migration
offices in other countries.
The Chancellery is further required to afford protection to emigrants by
preventing illegal propaganda respecting emigration and by prosecuting
shipping companies and their agents guilty of abuses. These duties are
carried out through the medium of the administrative departments and the
police. %
The Information Office for Emigrants (Oesterreichische Auskunftsstelle für
Auswanderer) attached to the Chancellery is especially responsible for
supplying intending emigrants with all requisite information.
The protection of emigrants abroad is left to the consuls.
BELGIUM.—Administrative Services. As the result of the reorganisation of the Ministry of Foreign Affairs, the supervision of emigration has
OFFICIAL DEPARTMENTS
111
been entrusted, since December 1925, to the Directorate of Belgian Interests
Abroad and Communications, one of the four new directorates set up a t
that time.
In practice this supervision is exercised by the Government Emigration
Office (Commissariat du Gouvernement pour VEmigration) a t Antwerp, t h e
functions of which were defined by the Act of 14 December 1876 and t h e
Royal Order of 25 February 1924. The officials, appointed by the King
on the nomination of the Ministry of Foreign Affairs, are placed under
the direct order of the Governor of the province. The Emigration Commissioners are required to supervise the enforcement of transport regulations,
to be present at stations during the arrival of emigrants and to exercise
control over emigration agents ; to carry out the same duties on board ships ;
to inspect emigrants'quarters on land and to issue permits for housing emigrants; to verify transport agreements and ensure help and protection
for emigrants ; they may also be sent abroad on a supervisory mission.
The Emigration Office is assisted in its supervision of the measures laid
down by a medical service, which is entrusted with safeguarding public
health by preventing, as far as possible, all contact between emigrants and
the general public. The doctors attached to this service supervise the
sanitary measures which precede embarkation, and inspect the emigrants'
hotels, bringing all breaches of the regulations to the notice of the Commissioners. They are also responsible for the medical inspection preceding
embarkation.
An office for the collection of information respecting emigration has
been set up in the Directorate of Commerce and Consulates (Ministry of
Foreign Affairs) (see Chapter V), while official information offices, established
in the chief towns of the provinces, provide intending emigrants with
information concerning conditions and possibilities of emigration received
from the Directorate.
Advisory Bodies. There is also a Committee of Inspection which consists
of ten members appointed by the King, on the nomination of the Minister
of Foreign Affairs, from among the Ministries and departments concerned
(Foreign Affairs, Shipping, Municipal Councils, Railway Administrations, etc.).
The duties of this Committee are both judicial and consultative. I t is
required to bridge over the difficulties and settle in an amicable manner
all disputes arising from contracts to transport emigrants, to give its advice
as to the grant or withdrawal of permits to recruit or transport emigrants,
and to supervise the observance of the formalities laid down concerning
the compulsory insurance of emigrants by transport undertakings. (Regulations of 25 February 1924, sections 2 and 3.)
BULGARIA.—Administrative Services.
attached to the Ministry of the Interior.
An emigration department is
CHINA.—Administrative Services. The Emigration Bureau centralises
the various departments concerned with the recruitment of workers for
abroad. I t issues general licences for the opening of recruiting agencies
and the special licences necessary for the transport of each separate convoy,
sanctions contracts of employment other than those concluded by the
Government, nominates persons for appointment by the competent Minister
as emigration commissioners abroad and receives reports from these officials,
and from the local authorities in charge of the recruitment of emigrant
workers. I t is also responsible for the collection of the emigration tax,
and acts as intermediary for the transfer of the deductions made from the
emigrant's wages to his family in China. (Labour Emigration Act of
21 April 1918 and Labour Recruiting Agency Regulations of 21 April 1918.)
CZECHOSLOVAKIA.—Administrative Services. Under the Emigration
Act of 15 February 1922, the Minister of Social Welfare, in consultation
112
EMIGRATION SERVICES
with the other Ministers concerned, is responsible for the administration
of the regulations respecting emigration (section 49). The Act empowers
the Minister to establish the requisite organisations for the protection of
emigrants, both in the Czechoslovak Republic and abroad (section 4).
In virtue of these powers, a special section has been set up in the Ministry
of Social Welfare to draw up emigration statistics, to collect information
on the subject, to supervise and control transport companies, to issue passports to emigrants, etc. The section of the Ministry in charge of workers'
welfare is likewise competent to organise the recruitment of workers for
European States; as regards agricultural workers, the section works in
conjunction with the Ministry of Agriculture.
The Ministers of Foreign Affairs and Education are responsible respectively
for the protection of Czechoslovak nationals abroad and their education,
while the Director of Police undertakes the prosecution of clandestine
emigrants and fraudulent agents.
To prevent any overlapping in the emigration services an Inter-departmental Committee for Emigration and Colonisation has been formed, in
which all the competent departments are represented. (Communication to
the International Labour Office, 21 December 1926.)
Advisory Bodies. Administrative regulations promulgated on 8 J u n e
1922 provide for the institution of a Permanent Emigration Committee
attached to the Ministry of Social Welfare. This Committee is required
to give its advice on all questions appertaining to emigration, immigration
and "re-emigration". It consists of workers' and employers' representatives, experts in migration questions and representatives of transport
companies, philanthropic societies, the State Office for Agricultural Reform,
the Statistical Office, the Shipping Board, and all the various Ministries.
(Administrative Regulations No. 170, of 8 June 1922, sections 46-50.)
DENMARK.—Administrative Services. There are no special services
for the control of emigration. The Acts of 1 May 1868 and 25 March 1872
empower the Minister of Justice to grant transport companies permission
to transport emigrants. The supervision in Danish ports and the protection
of emigrants during the preparation for the voyage are entrusted to the
police. Protection of emigrants abroad, both in the ports of call and arrival
and in the immigration countries, is guaranteed by the consuls, who are
likewise empowered, in virtue of consular instructions of 18 January 1912,
to help, when requested, to place emigrants in employment in the countries
to which they are accredited, and to forward to Denmark all information
in their possession regarding the legal conditions governing emigration into
those countries. They are, however, forbidden to encourage emigration
in any manner whatever.
In 1922 an official emigration information office was organised in the
Ministry of Foreign Affairs.
DANZIG, F R E E CITY OF.—Administrative Services. I n virtue of
the Paris Convention of 9 November 1923 and the Declaration of July 1923 *
fixing certain points of detail, the Port of Danzig, to which Poland has free
access, is administered by an international body, the Council of the Port
of Danzig, which is composed of equal numbers of Danzig and Polish Government representatives. Health and emigration questions are within the
competence of the Council. On the constitution of Danzig as an international port, the Polish Government set up a limited company to deal
with all matters concerning emigration and immigration from and to Poland,
but as a result of the 1923 agreement, the capital of this company was
increased so as to allow the participation of Danzig capital in proportions
determined bv the two Governments.
1
L E A G U E O F NATIONS : Document C 579, 1923/1.
OFFICIAL DEPARTMENTS
113
FINLAND.—Administrative Services. The Emigration Bureau attached
to the Legal Section of the Ministry of Foreign Affairs is specially responsible for assisting emigrants in operations of a private character, such
as the forwarding of the emigrant's savings to his family, transmission of
pensions, etc. I t is also responsible for assisting emigrants to return to
Finland. (Order respecting the organisation of the Ministry of Foreign
Affairs, 31 January 1923, section 4.)
FRANCE.—Administrative Services. The Decree of 15 March 1861
provides for the nomination, in places where the Minister of the Interior
considers it necessary, of special commissioners, acting under his authority,
to supervise emigration and to secure the enforcement of provisions laid
down by the law of I860 and regulations (section 1). I n ports where such
commissioners are not appointed, the port officials and police authorities
are required to carry out their duties (Instructions of 22 May 1861 for the
use of port and police officials, in connection with the enforcement of emigration regulations). The emigration services have nowadays lost much
of their importance as the result of the large decrease in the number of
emigrants proceeding to foreign countries. At the same time, emigration
towards the colonies is of considerable importance, and special services
have been set up in connection with it.
Colonial Departments. The Office of the General Government of Algeria,
the Office of the Shereeflan Government and of the French Protectorate in
Morocco, the Office of the Government of Tunis, the General Agency (Agence
générale) of the Colonies (Ministry for the Colonies), and the economic
agencies created by the General Governments of Indo-China, Madagascar,
French West and Equatorial Africa—organisations maintained in the
motherland by the colonies and protectorates concerned—provide Frenchmen
who intend to settle in these different countries with the necessary information concerning agriculture, trade, industry, and the conditions of work.
The Office of the General Government of Algeria was founded in 1892 on
the recommendation of the Budget Committee of the Chamber of Deputies,
with a view to developing the colonisation of Algiers by people of French
nationality. It organises publicity campaigns on as large a scale as possible,
to bring to the knowledge of the public the advantages bestowed by the
Algerian administration on settlers. I t gives precise and detailed communications as to the places which have been, or may be, opened up, on the
available resources, and on the kind of work t h a t can be undertaken in
the districts open to colonisation.
During recent years, as a result of the growth of the colonisation movement
in Morocco, the Morocco Office has greatly increased its activity, and is
doing all in its power to render similar services to the public.
Colonies. As a result of the extension to the colonies of the Emigration
Act of 1860 and its administrative regulations, emigration commissioners
have been appointed in the embarkation ports, where the need of their
services has been felt, to supervise emigration. The appointment of emigration commissioners and officials entrusted with the inspection of emigrant
vessels is made by the Governor of the colony, who is likewise competent
to issue permits to recruiting and transport agents, to fix the deposit which
has to be made by such agents, and to take legislative action for the enforcement of measures concerning emigration.
GERMANY.—Administrative Services. Although the administrative
services are not centralised under one department, the Federal Emigration
Bureau (Reichsstelle für das Auswanderungswesen)is to all intents and purposes
the official emigration authority. The main duties of this Office, which is
attached to the Ministry of the Interior and Foreign Affairs, include the
collection of information on emigration (see Chapter V) and the supervision
of private emigration societies. In virtue of an Order of 29 March 1924
it replaces the former Federal Migration Office
(Reichswanderungsamt)
9
114
EMIGRATION SERVICES
whose functions were somewhat wider. The protection of emigrants abroad
is generally left t o t h e consuls, b u t in Argentina a n d Mexico there are
special emigration commissioners.
Advisory Bodies. An advisory Emigration Committee (Auswanderungsbeirat) was set up by the Emigration Act of 9 June 1897, being subsequently
reorganised by Decree of 14 February 1924 as regards the composition and
the procedure of appointment of its members.
The present Committee, which consists of a maximum of twenty members
appointed by the Government, must include representatives of the legally
recognised philanthropic societies for t h e assistance of emigrants, persons
having special knowledge of the immigration countries and representatives
of t h e emigration companies. I t is required t o advise t h e Government
regarding the proper application of the emigration laws.
Emigration Fund. The expenditure of the emigration services is covered
in Germany by the ordinary budget.
GREAT BRITAIN.—Administrative Services. The work of regulating
and controlling emigration in Great Britain is performed by two separate
Government departments, the Dominions Office and the Board of Trade.
Broadly speaking, the first of these affords the migrant advice and assistance,
and the second protects him while he is actually on the voyage.
The Oversea Settlement Committee was constituted in 1918 in accordance
with t h e recommendations made by t h e Dominions Royal Commission
(Cmd. 8462), and t h e Empire Settlement Committee (Cmd. 8672). The
office of the Committee, the Oversea Settlement Department, forms a subdepartment of the Dominions Office, and t h e president of the Committee
is t h e Secretary of State for Dominion Affairs. At first t h e Committee
was known as t h e "Government Emigration Committee", but its name
was changed to the "Oversea Settlement Committee" with a view to bringing
out t h e distinction between settlement overseas within t h e Empire with
which t h e Committee is principally concerned, and emigration t o foreign
countries *.
The Oversea Settlement Department replaces the Emigrants' Information
Office which was established by the Government in October 1886 for t h e
purpose of supplying intending emigrants with useful and trustworthy
information respecting emigration t o the British colonies. I t collects and
distributes information on conditions of emigration. I t publishes handbooks on emigration t o different countries which are distributed free or a t
a small charge, and also a periodical The Oversea Settler, which gives information on settlement in the British Empire. I t also gives advice to intending
emigrants individually, by means of personal interviews or by correspondence.
Originally t h e scope of the Department was confined t o t h e British
Dominions and t o those colonies only which were outside the tropics and
are fields of emigration in the ordinary sense. Subsequently it became
necessary t o widen the scope and to give information (though more limited
in extent) not only as t o certain tropical colonies, but also as t o various
foreign
countries. I t was also found desirable t o issue warnings in certain
cases 2. The women's branch of t h e Oversea Settlement Department is
the Society for the Oversea Settlement of British Women, which not only
acts as a n advisory body t o the Committee on the oversea settlement of
women, but also carries
out the policy of the Committee with regard to the
emigration of women 3 . (See Chapter IV, § 2.)
1
2
3
Q E E A T B R I T A I N : The Dominions
Ibid., p . x x .
Office and Colonial Office last,
1926, p . x x .
S O C I E T Y F O R T H E O V E R S E A S E T T L E M E N T O P B R I T I S H W O M E N : Sixth
1925, p . 5.
Annual
Report,
OFFICIAL DEPARTMENTS
115
The Empire Settlement Act of 1922 empowered the Secretary of State
to associate with the Government of any part of the Dominions or with
any approved private organisation to formulate and carry out agreed
schemes of assistance to emigrants, and the Oversea Settlement Committee
is the organ of the British Government for the administration of such
schemes. All schemes submitted by the various migration societies are
considered by the Committee and precautions are taken to prevent overlapping.
The employment exchanges distribute official publications on the conditions prevailing in different parts of the Empire and inform prospective
emigrants of favourable openings. Representatives of the Dominions and
colonies in England also provide intending emigrants with information.
The duty of seeing that the provisions of the Merchant Shipping Acts
of 1894 and 1906, which include clauses for the protection of emigrants, are
carried out, is placed on emigration officers and assistant emigration officers,
who are appointed by the Board of Trade, and act under the direction of
t h a t Department. These appointments are all held by members of the
Board's regular survey staff; the principal officers in charge of the nine
districts into which the United Kingdom is divided for ship inspection
purposes, hold appointments as emigration officers, while other members
of the survey staff at the principal ports hold appointments as assistant
emigration officers 1 .
The emigration officers, with such members of the survey staff as are
selected for the duty, are responsible for the adequate surveying of the
emigrant ships under sections 289 and 295-300 of the Merchant Shipping
Act of 1894. They must see that a competent surgeon is carried on every
emigrant ship before it sails (section 303). They must also satisfy themselves
as to the quality and quantity of the provisions carried. Steerage passengers
are inspected on behalf of the emigration officer by a sanitary surveyor or
other medical officer appointed by the Board of Trade (section 303) 2 .
Advisory Bodies. I t is the function of the Oversea Settlement Committee to advise and assist the Government, and more particularly the
Secretary of State for Dominion Affairs upon all matters connected with
migration and settlement within the Empire and with migration to other
countries 3 .
Emigration Fund. I n Great Britain there is no regular fund for the
assistance of emigration, but the Empire Settlement Act of 1922 stipulates
t h a t the sum of £3,000,000 a year may be paid by the Secretary of State
out of the moneys voted by Parliament towards the expense of schemes of
assisted emigration under the Act. In no case may the contribution of
the British Government exceed half the expense of the scheme, and every
scheme must be approved by the Treasury. I n actual fact, the amount
of money paid in any year by the British Government under the Act has
never reached this maximum.
Under the Poor Law Amendment Acts of Great Britain (dating from
1834 and 1844) the ratepayers of any parish may direct sums of money to
be raised as a fund for defraying the expense of the emigration of poor
people in the parish willing to emigrate.
Colonies : Malta.-—Administrative Services. The Emigration Department was created in 1922 to replace the former Emigration Committee
which was dissolved on 9 November 1921. This Department is under
the immediate direction of the Head of the Ministry. The Minister
1
G R E A T B R I T A I N , BOARD O F T R A D E : Instructions relating to Emigrant Ships, 1920.
*Ibid., p p . 7, 13, 30-31, 35.
3 G R E A T B R I T A I N : Report of the Oversea Settlement Committee for the Tear ending 31 December 1922, Od. 1804, p . 3.
116
EMIGRATION SERVICES
of Industry and Commerce may, however, sometimes act as Minister of
Emigration by a special delegation of powers.
The Emigration Department has to manage and supervise Maltese
emigration, supply emigrants with information and take the necessary
measures to secure as far as possible that only emigrants admissible in the
country of immigration concerned shall be allowed to leave the islands.
I t is also entrusted with drawing up emigration statistics.
The Emigration Department is directed by the Superintendent of Emigration, and its staff includes medical inspectors for the medical supervision
of emigrants.
Emigration Fund. The expenditure of the emigration services and the
cost of the various forms of assistance given to emigrants are covered by
a special item in the State budget. (Report on Emigration and. Unemployment Presented to Government on 9 September 1926 by the Superintendent of
Emigration, Malta.)
GREECE.—Administrative Services. The supervision and administration of the services dealing with emigration and departures for foreign
countries are placed under the direction of the Ministry of the Interior,
and entrusted to a department of this Ministry under the Director of Public
Aid and Public Health.
At the Piraeus, at Patras, and in other towns determined by Royal
Decree, there are emigration offices, including as a rule a section dealing
with departure for foreign countries. These offices are attached to the
Prefectures at emigration ports, with the exception of the emigration
office at the Piraeus, which is directly under the Emigration Department
of the Ministry of the Interior. The work relating to emigration and to
departure for foreign countries, and that of the Prefecture, may, on the
advice of the prefect and with the approval of the Home Secretary, be
concentrated in the above-mentioned offices. Officials of the emigration
offices are chosen from among the staff of the Ministry of the Interior;
police officials and marines are attached to these offices to exercise supervision
of emigration.
The supervision on board emigrant vessels is exercised by a medical
officer of the naval or military services.
Emigration Fund. The Greek Emigration Act of 24 July 1920 makes
no mention of a fund independent of the Treasury and enjoying an autonomous administration. On the contrary, it is expressly stated t h a t fees
paid by emigrants, fines imposed by judicial authorities in virtue of the
Emigration Act, and fees charged by the Ministry of the Interior are to be
paid into the Government account, considered as public revenue, and to
figure among the receipts under a special title. A sum equal to this revenue
is used for the purpose of facilitating the return of Greek emigrants from
America (or elsewhere), of helping them to settle in Greece, and to assist
those among the returning emigrants who are ill; if the sums available
permit, a certain amount is to be spent on behalf of elementary instruction
in the Greek language in America. Moreover, a sum equal to the revenue
of the preceding financial year is placed to the credit of the Ministry of the
Interior. This money is distributed by the Minister of the Interior on the
recommendation of a committee known as the "Repatriation Committee",
which is composed of higher grade officials of the emigration services and
the Ministries of the Interior, Finance and National Economy. The Committee also deals with all questions connected with repatriation, and is
permitted to correspond directly with the public authorities. (Emigration
Act, No. 2475 of 24 July 1920, sections 5-11 and 37-39.)
HUNGARY.—Administrative Services. Under the Emigration Act
of 1909 (sections 35 and 36), special emigration commissioners were formerly
appointed to supervise the operations of emigration agents and the enforcement of the laws and regulations. Since the administrative reorganisation
OFFICIAL DEPARTMENTS
117
of Hungary which followed the war, the emigration commissioners have
been abolished and it is now officials of the Ministry of the Interior
who are responsible for supplying information to emigrants and ensuring
their supervision and protection. The placing of Hungarian subjects in
foreing countries must be submitted to the State Employment Office for
approval.
Advisory Bodies. An Emigration Council has been established at Budapest, and the Ministry of the Interior must consult this Council before
granting a licence to transport agents, or cancelling a licence already
granted. Similarly, the Council has a voice in all questions concerning
emigration.
The Council is composed of : 4 delegates of the House of Magnates and
the Chamber of Deputies respectively; 2 representatives of the Chamber
of Commerce and Industry at Budapest; 1 member elected by each of the
following : the Hungarian Agricultural Union, the Association of Hungarian
Agriculturists, the National Association of Manufacturers, and the National
Industrial Committee; 2 economists appointed by the Minister of the
Interior; 2 representatives elected by workers' organisations, and 2 delegates
from the Chamber of Agriculture.
Emigration Fund. The Emigration Fund is administered by the Ministry
of the Interior. But if a certain sum has been granted to the Prime Minister
to be used for one of the purposes laid down in the Emigration Act, it is
this Minister who is responsible for the use made of such sum.
The primary source of income of this Fund consists in the subsidies granted
by the State, other sources of income being taxes and fees imposed on emigration transport agents, taxes on passports and visas and proceeds of
fines for contraventions of the Act.
The Emigration Fund is used in the first place to assist the repatriation
of indigent Hungarians, the remaining money, if any, being used to assist
Hungarian emigrants abroad and to cover the expenditure incurred by
the supervision of emigrants.
INDIA.—Administrative Services. The Emigration Act No. VII of
5 March 1922 and the Rules of 10 March 1923 provide for the creation of
services for the protection and supervision of emigrants which are subject
to the control of the Governor-General in Council. Separate emigration
departments exist in Madras, Bombay, and Bengal.
At the ports mentioned in the Act as ports from which emigration is
lawful, special officials known as "Protectors of Emigrants" are appointed
by the Local Government subject to the control of the Governor-General
in Council. The Local Government may define the area t o which the authority of a Protector of Emigrants so appointed shall extend. The duties
of these officials are : To protect and aid with his advice all emigrants, to
cause the provisions of the Emigration Act and the rules made thereunder
to be complied with, to approve the places of accommodation (for emigrants
pending their departure) in the ports of embarkation, to inspect such
premises, to examine emigrants and question them before their departure
in order to ascertain that they are fully cognisant of the conditions under
which they are emigrating, and to grant permission to embark if this examination is favourable, to discover if among the migrants there are persons
who are not covered by the law, to inspect, at the time of arrival, vessels
bringing returning emigrants, to enquire into the treatment received by
returning emigrants during the period of their residence in the country
to which they emigrated, and to report thereon, and to aid and advise
returning emigrants as far as possible. In any specified area where there
is not a Protector of Emigrants, the Local Government may appoint a
person to perform all or any of these duties.
Medical inspectors are appointed by the Local Government in the ports
from which embarkation is permitted and in all other places where the
need is felt. They are required to exercise supervision over places of
118
EMIGRATION SERVICES
accommodation for emigrants, and to carry out the medical examination
preceding embarkation.
District magistrates have to inspect places of accommodation in areas
in which emigrants are obtained and to see that emigrants undergo a medical
examination before their despatch to the port of embarkation.
For the purpose of safeguarding the interests of emigrants abroad, officials
may be appointed by the Governor-General in Council in places outside
India where their services are required. These officials may be required
to convoy emigration vessels. In the countries to which they are appointed,
they are required to carry out inspections of emigrant ships on their arrival
and ships carrying returning emigrants on their departure, to keep a register
of the requirements of emigrants, to visits places where emigrants work
and reside, to enquire into the treatment of returning emigrants and to
report thereon to the Government of India.
I n addition to the organisation of these emigration services, the Indian
Act and regulations define the duties of Emigration Commissioners representing the immigration countries authorised to recruit workers in India
for purposes of unskilled labour. The duties and powers of Emigration
Commissioners are dealt with in Chapter VI (Recruitment).
I R I S H F R E E STATE.—Administrative Services. The Ministry of
Industry and Commerce, replaces the Board of Trade, as the competent
authority for the enforcement in the Irish Free State of the British Merchant
Shipping Act, which regulates the transport of emigrants and which, as has
already been stated, still remains in force in the Irish Free State.
ITALY.—Administrative Services. The General Emigration Department x instituted by Act No. 23 of 31 January 1901, and placed under the
Ministry of Foreign Affairs, is the central authority dealing with everything
concerning emigration matters. The Department is composed of a Commissioner-General and three Commissioners. A central office is maintained,
and numerous sub-offices are situated throughout the provinces of the
Kingdom and in foreign countries.
The Department, under the direction and political responsibility of the
Ministry of Foreign Affairs, organises the emigration services in the Kingdom
responsible for the grant of licences, fixing prices of journey tickets, maintaining order in the ports of embarkation, the establishment and management
of hostels for emigrants, the inspection of emigrants on departure, and the
grant of permits to recruit workers for European countries ; it ensures the
protection of emigrants on board ship through the medium of travelling
commissioners, prepares international agreements on emigration and labour,
is responsible for giving aid and protection to emigrants in foreign countries,
and supervises public and private institutions affording assistance to
emigrants.
Emigration inspectors have been established under the orders of the
Department in the ports of Genoa, Naples, Messina, Palermo, Trieste, and
Fiume, to supervise and assist the departure of emigrants. The legal
powers granted each of these inspectorates by section 37 of the consolidated
text of the Emigration Act are limited to certain provinces by Decree No. 1075
1
The General Emigration Department was abolished by a Decree of 28 April 1927, and
its place taken by a Directorate-General for Italians Abroad, attached to the Ministry
of Foreign Affairs. According to a statement made in the name of the Prime Minister
during the discussion of the Decree in the Chamber of Deputies, the suppression of the
General Emigration Department does not imply any intention on the part of the Italian
Government to decrease the protection afforded to Italian workers going or establishing
themselves abroad. The former Department will continue to function as a whole, but it
will be attached more directly to the Government in order that the management of emigration may be an integral part of the general policy.
OFFICIAL DEPARTMENTS
119
of 26 April 1923. In addition, there is, in the ports and at the frontiers
an important service of "exterior supervision".
For the supervision of recruitment in the provinces, Decree No. 1686 ,
of 19 July 1923 provides for provincial commissioners who are required
to supervise recruiting methods and protect emigrants against abuses by
recruiting agents, to suppress clandestine emigration, and to increase the
training of emigrants by organising vocational education, and notably by
arranging travelling educational courses (cattedra ambulante) throughout the
country. Central and district inspectors are appointed to supervise the
provincial commissioners by Decree No. 767 of 1 May 1924.
The supervision and protection of emigrants during oversea journeys
is assured by a body of Royal Travelling Commissioners (Regi Commissari
viaggianti), who are chosen from the medical officers of the Royal Navy.
Finally, the supervision of the Department extends to foreign countries,
where Emigration Offices (Uffici di emigrazione), under the orders of the
Department, have been established to assist Italian immigrants and to
ensure the enforcement of labour contracts and international agreements
in co-operation with the diplomatic and consular authorities.
Advisory Bodies. The General Emigration Department has attached to
it, as an advisory body, a Superior Emigration Council, which is presided
over by the Commissioner-General, and which, according to Decree No. 1607
of 16 November 1922, includes the following members : six directors of
Departments of State; three persons specially competent in emigration
questions ; four members chosen from among the representatives of the
industrial associations; three members, including one woman, chosen from
the representatives of philanthropic societies assisting emigrants; two
members belonging to the Labour Committee and the Executive Committee
for Placement and Unemployment ; and the members of the Parliamentary
Supervisory Committee.
Four persons selected among the members of the Council and three
members of the Parliamentary Supervisory Committee are attached to the
Chairman as a Permanent Emigration Committee. All these members
are chosen by the Minister of Foreign Affairs from lists submitted by the
associations concerned (Act of 13 November 1919 and Decree of 16 November
1922). The Council is consulted on all important questions relating to
emigration.
Finally a certain number of other organisations are more or less closely
connected with the Department. Among these should be mentioned the
municipal and communal emigration committees (Comitati mandamentali
e comunali) appointed by order of the Department, presided over either
by the prefect or the chief municipal official, and whose members include
a doctor, a minister of religion, and a representative of the various workers'
and agricultural workers' organisations of the locality appointed by the
Department, on the proposal of the prefect. These committees are required
to exercise a tutelary influence over the emigrants.
The provincial and communal labour offices (Uffici provinciali e comunali
del Lavoro) are also more or less official emigration institutions.
Emigration Fund. The administration for this Fund* by the General
Emigration Department is under the supervision of a permanent committee
of three senators and three deputies.
The Act of 13 November 1919 stipulates t h a t the amount not required
to meet the expenses of the emigration services must be invested in State
bonds, or bonds guaranteed by the State. The amount needed for the
service is placed in the form of a current account in the Deposit and Loan
Fund. Withdrawal of funds can be effected only on an order of the
x
The Royal Decree No. 1036 of 18 June 1927 abolished the Emigration Fund, and
transferred the receipts and expenditure of the fund to the Section of the State budget
dealing with the expenditure of the Ministry of Foreign Affairs.
120
EMIGRATION SERVICES
Commissioner-General. The accounts of the Emigration Fund must be
presented annually by the Ministry of Foreign Affairs to Parliament, where
they are examined and voted article by article.
Besides the sums derived from the recruiting and transport agents'
licences, taxes levied on tickets and fines for infringement of the emigration
laws, the Emigration Fund receives the sums resulting from the special
licences procured from the consular authorities in oversea ports by the
captains of ships not registered on a carrier's certificate for the regular
transport of emigrants, but on which it is desired to carry more than 50 Italian passengers travelling in the third class or any class corresponding
thereto, or returning emigrants. In addition, the Italian fund includes the
proceeds of the sale of railway tickets to emigrants going to a European
country.
Colonial Institutions.
Among the departments engaged in supervising
and controlling emigrants, a place must be given to those organisations
which further or restrict the evolution of Italian emigration. Under this
heading two institutions are to be mentioned, viz. the National Institute
for Colonisation and Foreign Enterprise (I.N.C.I.L.E.), created in 1920
to draw up plans for agricultural or industrial work which would provide
employment for Italian workers, and the National Credit Institute for
Foreign Enterprise (I.C.L.E.), instituted by Decree No. 3148 of 15 December 1923. The duties of the latter institution, which is the more important
of the two, and of which the aims are essentially financial, are :
(1) To finance wholly or partially foreign colonisation or labour
schemes which mainly employ Italian labour;
(2) To advance money as a guarantee, or for the purchase of
material and necessary equipment to commercial companies or co-operative societies of Italian workers, and, in exceptional cases, to Italian
settlers or small traders abroad;
(3) To collect information respecting colonisation schemes abroad,
and to gather facts on the commercial situation and market movements
with a view to the possible employment of Italians ;
(4) To promote and encourage thrift among Italians abroad, and
to secure the investment of their savings so as to aid the development
of Italian initiative abroad.
The I.C.L.E. is a limited liability company, of which the capital may
not exceed 100,000,000 lire. Institutions which are required by law to
deposit their funds in State institutions such as savings banks are allowed
t o use a part of their capital for the purchase of shares in the Institute,
which began operations in March 1925.
I n addition to these emigration organisations properly so called, mention
may be made of two institutions for internal colonisation, the Office for the
Colonisation of Tripoli, which was created in 1922 and tends to attract a
certain number of Italian emigrants to Italian territory by developing
colonisation there, and the Permanent Committee for Internal Migration,
instituted by Royal Decree No. 440 of 4 March 1926, which aims at creating
an emigration movement towards Southern Italy and the Islands, regions
which are capable of great industrial and agricultural development. The
latter institution, which carries out research work, is attached to the
Ministry of Labour. I t consists of the Emigration Commissioner-General,
the President of the Superior Council of Public Works, directors of certain
large industrial companies, and representatives of a number of workers'
organisations.
San Marino.—Administrative Services. An Act promulgated on 20 August
1923 by the Government of the Republic of San Marino provided for
the foundation in the town of that name of an Emigration Office for the
supervision of temporary emigration to European countries. The main
duties of the Office are : to collect information on the labour supply and
OFFICIAL DEPARTMENTS
121
demand abroad, to encourage the placement outside the territory of the
Republic of unemployed nationals, to assist their departure and to afford
them the protection of which they may stand in need when abroad.
Regulations issued on the same date define the methods to be employed
by the Office, which is required to keep in close contact with Italian and
foreign departments engaged with ^emigration matters. (Bollettino della
Emigrazione, May 1924, Rome.)
JAPAN.—Administrative Services. The enforcement of the Act for the
protection of emigrants is entrusted to the Minister of Foreign Affairs,
who has the sole power to issue permits to persons engaged in recruiting
and transporting emigrants and to determine the areas in which recruitment
may take place and the amount of the deposit required in each case.
The Local Government of each district is responsible for the supervision
of operations connected with recruitment or embarkation, sanctions contracts, controls recruiting propaganda, and issues permits to persons engaged
in trades in any way connected with emigration (money-lenders, persons
housing emigrants, etc.).
The protection of Japanese emigrants abroad is assured by the Japanese
legations and consulates.
Advisory Bodies. The Bureau of Social Affairs founded in 1922 was
formerly the competent authority for the study of all questions relating
to labour and social assistance, including emigration. I n 1924 a special
committee for emigration problems was established and attached to the
Ministry of Foreign Affairs ; this Committee is composed1 of higher officials
belonging to the Ministries and Departments concerned .
MEXICO.—Administrative Services. An office for the protection of
emigrants was instituted in 1922 attached to the Ministry of the Interior.
Subsequently, the Migration Act of 12 March 1926 empowered the Ministry
of the Interior to organise, where necessary, permanent or temporary
services to supervise the enforcement of the migration laws. These services
will be under the direct authority of the same Ministry and they will be
required to supervise migrants and to see to the enforcement of health
regulations in transit centres. The migration officials will be aided in
their duties : for medical supervision, by health officials appointed a t their
request by the Ministry of Public Health (section 7) ; for the supervision of
ports, by captains of the ports and customs and their subordinates, by
agents of the maritime and frontier services as well as by the federal police
(sections 10 and 11). Mexican consuls fulfil the duties of migration officials
(sections 8 and 13).
The Ministry of the Interior is responsible for compiling migration
statistics and for the enforcement of the migration laws, for which he is
entitled to promulgate the necessary regulations.
NETHERLANDS.—Administrative Services. In virtue of the Act on
the transport of emigrants of 1 J u n e 1861, as amended by the Act of 15 July
1869, transport supervising committees are set up in places in which the
need for them is felt. The committees are appointed by the Commissioner
of the province, and include, when possible, members of the Chamber of
Commerce and Industry, members of the municipal council, and persons
well acquainted with matters relating to deep-sea navigation.
I n districts where no committees are set up, the mayor and aldermen
are required to regulate the transport of emigrants and carry on the functions
of emigration commissioners.
The transport supervising committees are required to aid emigrants and
give them advice and information, to settle amicably all disputes between
1
Tokyo Asahi, 2S Aug. and 3 Sept. 1924.
122
EMIGRATION SERVICES
emigrants and the shipowners, emigration and transport agents, to inspect,
or to have inspected, all ships engaged in the transport of emigrants, and
emigrants' hostels. The Committees are also empowered to issue permits
to persons desiring to house emigrants, or assist them in any other way
whatsoever.
The police are required to render every assistance to the Committees
for the enforcement of the Emigration Law. When requisitioned and
accompanied by a member of a Committee, they are entitled a t any time
to go on board and inspect emigrant vessels, and to visit houses lodging
emigrants and prepare reports thereon.
The official unemployment services and employment exchanges under the
Minister of Labour are responsible for placing persons in employment
abroad (sections 4, 5, 6, and 8).
Emigration Fund.
There is no emigration fund, properly speaking, but
a certain sum determined annually and put down in the public accounts, is
allocated to the various transport supervising committees. The law states
that should one of these committees lose an action brought against a
shipowner or his representative, the fine imposed on it and the expenses
incurred are charged on the public accounts. (Emigration Act of 1861,
as modified by the Act of 15 July 1869, section 4.)
NORWAY.—Administrative Services. The enforcement of the Act
respecting the transport of emigrants and their protection is entrusted t o
the police authorities, who are competent to grant licences for the transport
of emigrants and to supervise and control transport agreements. At the
beginning of 1924 an Information Service for Emigrants was set up. This
branch has been attached to the State Employment and Unemployment
Insurance Office (Statens Inspektorat for Arbeidsformidlingen,
Arbeidsledighetsforsikringen).
Emigration Budget. The t a x paid by emigration agents for every emigrant
transported by them is collected by the police and accounts rendered to the
competent State department. The sums necessary to cover the expenditure
incurred in the supervision of emigrants is deducted from these moneys,
the remainder being paid into State funds. The State m a y use this money,
for preference, to cover any special expenditure which may arise in connection with the supervision of emigration. (Act of 16 September 1921 completing the Acts of 22 May 1869 and of 5 June 1897 on the transport of
emigrants.)
POLAND \—Administrative
Services. An Emigration Office was instituted a t the Ministry of Labour and Social Welfare by the Decree of 22 April
1920. I n virtue of the Act of 4 November 1920 this Office was required to
assume the responsibility for all measures of assistance to returning emigrants, measures previously entrusted t o the Repatriation Office. The
Emigration Office was reorganised by a Decree of 20 October 1924, which
defines its duties. I t is required to prepare the necessary amendments to
emigration legislation and to secure the application of the legislation in
force; to prepare international agreements relating to emigration and to
supervise their enforcement ; to provide the emigrant with requisite information; to supervise the engagement of workers for abroad, and to take
legal action against illicit recruitment ; to organise the transport of emigrants
and returning emigrants, and to assist them during the voyage; to afford
direct protection for emigrants abroad, to encourage the efforts of private
organisations, and to help returning emigrants to re-settle in Poland.
The Emigration Office is under the orders of the Minister of Labour and
Social Welfare. Its officials are appointed by the Ministry, with the excep1
See Supplement I : Decree of 11 Oct. 1927.
OFFICIAL DEPARTMENTS
123
tion of the Director, who is appointed by the President of the Republic.
The constitution and rules of the Emigration Office were promulgated by
a Ministerial Order of 11 February 1925. The Office was then divided
into three sections (a General Section, a Section for Continental Emigration,
and a Section for Oversea Emigration) and a Research and Information
Office, between which the various duties of the institution are distributed.
The Minister of Commerce and Industry is the authority competent to
grant permits to transport emigrants to emigration companies, but the
Emigration Office must be consulted on the subject. The Office also
co-operates with the Central Statistical Office in compiling emigration
statistics.
All co-operation with the executive departments of the other Ministries
is regulated by agreements between the Minister of Labour and the other
Ministers concerned. For the supervision of the embarkation of Polish
emigrants a t Danzig there are special services, which have already been
described under "Danzig".
In all matters outside the frontiers of Poland, the Office acts in strict
co-operation with the Ministry of Foreign Affairs and its officials. I n those
countries where Polish emigration is particularly intense, the Ministry of
Foreign Affairs appoints special officials to supervise emigration matters,
who are attached to the diplomatic and consular representatives (see
Chapter X I on the activities of these agents).
Advisory Bodies. A Council of State for Emigration was attached to
the Ministry of Labour and Social Welfare in 1921 and reorganised by a
Decree dated 8 July 1925. The Council includes eight members appointed
by the Minister of Labour, on the proposal of the Director of the Emigration
Office from among persons occupied practically or theoretically with emigration matters, representatives of the workers' industrial organisations,
and three representatives of social organisations concerned with the assistance of emigrants. Representatives of the Ministries concerned (Commerce
and Industry, Agricultural Reforms, Interior, Foreign Affairs) also take
part in the work of the Council, while technical advisers may be required
to furnish information.
The Council is required to give its opinion on the guiding principles in
the policy to be followed concerning emigration, "re-emigration" and immigration, on Bills and agreements relating to these questions, and on concessions to be granted for the transport of emigrants.
Emigration Budget. A special fund has been set up t o cover expenditure
incurred by the supervision of emigration and "re-emigration", this fund
being managed by the Emigration Office.
PORTUGAL.—Administrative Services. The administrative services
are directed by the General Emigration Department, an office attached to
the Ministry of the Interior, but which is directly responsible to the General
Directorate of Public Safety.
The Emigration Department and its subordinate bodies were constituted
in virtue of a Decree dated 10 March 1919 and Administrative Regulations
of 19 J u n e 1919. I n the course of its duties it is required : t o supervise
the enforcement of the emigration laws and to take legal action against
those who infringe these laws ; to take special measures against clandestine
emigration; t o supervise passports, and to collect taxes on passports and
persons leaving the country; to grant licences to emigration agents and
passage brokers, and to supervise their activities especially as regards the
enforcement of emigration contracts; to organise inspection at the ports,
to inspect emigrant vessels and to supply information to emigrants ; and to
compile emigration statistics.
For the accomplishment of these various duties the Commissioner-General
employs port inspectors in Lisbon and Oporto for the supervision of embarkation operations, travelling inspectors for assistance on board ship, and
agents in the various offices. The protection of emigrants abroad is
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EMIGRATION SERVICES
entrusted to the consuls, who are also required to act as intelligence
agents.
Emigration Budget. To defray the cost of emigration there is a special
Emigration Fund, which draws its revenue from passport and embarkation
taxes, the proceeds of the licences issued to emigration agents and passage
brokers, and fines imposed. One-third of the fines paid by agents for
complicity in clandestine emigration and the exercise of this illicit trade,
is paid directly to the staff of the emigration services in the form of bonuses,
the rest being paid into the Emigration Fund. The Emigration Fund is
used to maintain the upkeep of the emigration services and to cover the
consequent expenditure. I n addition, a sum of 15,000 escudos is paid
annually to the Public Assistance Department of the Ministry of the Interior.
Surplus receipts are paid into the general State funds.
Colonies.—Administrative Services. The Governor-General of each
colony is the competent authority for the issue of permits to recruit native
labour to companies constituted for this purpose, and to their principal
agents. The Curator-General and his subordinate officials are responsible
for the general protection of emigrants and all t h a t concerns the supervision
of native labour. The Curator approves the appointment of recruiting
sub-agents, and supervises, or causes to be supervised, the recruiting,
transport, and repatriation of natives. (Decree of 14 October 1914.)
I n virtue of agreements relating to native labour, concluded between
Angola and Saint Thomas and Principe on 28 April 1926, and between Mozambique and Saint Thomas and Principe on 14 November 1925, ad hoc commissioners attached to the Directorate of Native Labour of the emigration
colony are appointed to accompany emigrant ships, to assure the protection
of natives on board, and to carry out the necessary enquiries in the immigration colony to verify whether the provisions of the agreements are
applied.
Advisory Bodies. The Decree of 14 October 1914 provides for the establishment in Lisbon of a Central Emigration Office, presided over by a chief
of section of the Colonial Office, and consisting of five members of the
Colonial Council elected by the Council and five colonial land owners residing
in Portugal and elected by agriculturists, contractors and manufacturers
living in the colonies. All landowners who, on their land or in their enterprises, employ 100 native workers recruited in another colony, are eligible
for these posts.
The Central Emigration Office must be consulted on all matters relating
to emigration to or between the colonies. I n all colonies where the Portuguese Government deems it necessary, a local Labour and Emigration Office
may be set up. These offices are composed of three members and three
substitute members appointed by the central office (section 179).
Emigration Budget. Special labour and repatriation funds may be created
by the local Labour and Emigration Offices (section 180). Since 1914 an
office and a fund of this nature have existed at Saint Thomas and Principe.
On the expiry of a contract the wages not paid by the employer to the natives
engaged are paid by the Labour Fund. The administration of this fund
is entrusted to the State Bank, and monthly accounts are published
(section 185). Employers are required to pay into the fund every month
that part of the wages which may be legally deducted, until the expiry
of the contract. I n colonies where there is no emigration fund, employers
are required to deposit these sums with the Curator or the person appointed
by him to receive such moneys. The Government is responsible for the
payment of these sums to the natives (section 196).
RUMANIA.—Administrative Services. The Ministry of Labour, Co-operation and Social Insurance is the competent authority in Rumania for the
enforcement of the migration laws and regulations. He is required more
particularly to collect and publish information on the immigration countries,
OFFICIAL DEPARTMENTS
125
to administer the Emigration Fund, and generally to take all measures
necessary in connection with emigration.
The Act of H April 1925 (section 34) and the corresponding administrative
regulations of 22 J u n e provide for the formation of bodies to supervise and
give information to emigrants in places of departure and arrival, under the
control of the Rumanian diplomatic agents.
Advisory Bodies. An Emigration Committee is attached to the Ministry
of Labour in a consultative capacity, the Ministry being required to consult
this Committee regarding intended amendments to emigration legislation,
the organisation of measures for the protection of emigrants, the issue of
licences to emigration and transport companies, the conclusion of international agreements and treaties respecting emigration, and the drafting
of measures calculated to restrict the right to emigrate.
The Committee includes the following members, viz. delegates from the
various State departments and services concerned (Labour, Interior, Agriculture, Commerce, Police, Maritime Services, Army, Statistics, Finance,
and Public Health), representatives of the Chambers of Commerce, a professor of international law, and chiefs of sections of the Labour, Placement
and Migration Services. (Migration Act of 11 April 1925, section 54.)
Emigration Fund. The Emigration Fund is fed from the proceeds of
the various licence fees and annual taxes payable by transport companies
and their agencies, and from the taxes on emigrants themselves. It is
used to cover the cost of the migration services of the Ministry of Labour,
to support institutions affording assistance to migrants, to help to maintain
contact between migrants and the Motherland, and, where necessary, to
assist their repatriation, and to grant assistance to immigrants who are
unemployed, or are passing through Rumania in transit, etc. (Act of
11 April 1925.)
SERB - CROAT- SLOVENE KINGDOM .—Administrative Services. I n
virtue of the Act of 30 December 1921, Emigration Sections were constituted in the Ministry of Social Affairs; the functions and organisation of
these sections were defined in Administrative Regulations issued respectively
in August 1922, 30 July 1923, and 31 August 1924.
The Emigration Section of the Ministry of Social Affairs is responsible for
the general administration of the emigration services; the drafting, in
co-operation with the Ministry of Foreign Affairs, of intended amendments
of the emigration laws; the issue of permits to emigration and transport
agencies ; the administration of the Emigration Fund and the preparation
of budgetary estimates ; the final settlement of disputes arising from the
enforcement of the Act ; the issue of passports and the preparation of the
annual report to Parliament on the work of the emigration services.
The Emigration Department which is at present established at Zagreb
is liable to be transferred elsewhere on an Order from the Ministry of Social
Affairs. I t is entrusted with the supervision of the activities of the various
emigration agencies and the work of emigration officials who come under
its orders in all districts. I t acts as a court of appeal in all disputes arising
from the enforcement of the emigration regulations ; affords protection to
emigrants and returning emigrants whose interests are menaced; manages
a central information service and a hostel for emigrants ; draws up emigration statistics and is responsible for providing the International Labour
Office with statistics and documents relating to emigration.
Under its orders general emigration inspectors supervise the transport
of emigrants by the shipping companies and their agents, see that emigrants' papers are in order and undertake money-changing operations on
their behalf. These inspectors are also responsible for the supervision of
emigrants in transit, the collection of statistical information and the interrogation of returning emigrants concerning conditions of life in oversea
countries.
A certain number of special inspectors are attached to the port, railway,
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EMIGRATION SERVICES
and shipping services. In the ports these inspectors are required more
particularly to supervise emigrants' hostels and the activities of the shipping
companies.
In the frontier zones there are special inspectorates a t Maribor (Marburg),
Jesenice (Asseling), and Rakak for the inspection of emigrants leaving by
sea from Susak, Split, and Grus.
The railway emigration inspectors examine emigrants' passports a t the
frontier stations, are empowered to refuse admission to persons whose papers
are not in order, receive complaints from emigrants and transfer them to
the General Emigration Office, and prepare monthly statistics on emigrants
and returning emigrants.
Maritime emigration inspectors travel on vessels carrying more than
fifty emigrants and are required to see that the provisions of the Act and the
obligations arising out of immigration contracts are enforced, to record all
disputes arising on board ship and the procedure used in settling them,
to see that the emigrants are properly treated, etc.
With a view to protecting emigrants, emigration officials may also be
attached, where necessary, to the diplomatic and consular representatives
abroad (Administrative Regulations of 30 J u l y 1923 and 31 August 1924).
Emigration inspectors have already been appointed in New York, Buenos
Ayres, and Paris.
Advisory Bodies. An inter-departmental emigration committee has been
attached to the Ministry of Social Affairs in an advisory capacity. Composed
of officials of the different Government departments, this committee must
be consulted in connection with requests for permits by transport companies,
measures intended to protect the interests of emigrants and the preparation
of emigration laws and regulations.
Emigration Fund. The Emigration Fund is autonomous and is administered by the Ministry of Social Affairs. I t draws its income from a head
tax, various taxes imposed on shipping companies, the proceeds from
inspection fees, fines, and proceeds from the sale of publications.
The head tax for the outward voyage is fixed a t 250 dinars, payable by
the shipping company concerned, while that for each returning emigrant
who is a national or a former national of the Serb-Croat-Slovene Kingdom
is 3 dollars or the equivalent in another currency, this sum being payable
by the person concerned to the consular representative of the Serb-CroatSlovene Kingdom who visas his passport. Recognised transport companies
are also required to pay a fee of 250 dinars for each berth sold to foreigners
leaving the territory of the Serb-Croat-Slovene Kingdom, and an inspection
t a x of 50 dinars for every national of the Kingdom leaving as an emigrant.
The Emigration Fund is used to meet the expenses of the emigration
services at home and abroad. (Administrative Regulations under the
Emigration Act dated 30 July 1923 and 31 August 1924.)
SPAIN.—Administrative Services. With a view to centralising the
various emigration services a Directorate-General of Emigration (Dirección
general de Emigración) * was established in 1924, which, according to the
codified text of the Emigration Act of 20 December 1924 defining its functions, is entrusted by Royal Order "with the duty of carrying out, either
directly or through the bodies subordinate to it, the protective and
supervisory measures incumbent on the State with respect to emigration".
i l n virtue oí the Royal Decree No. 1S63 of 6 Sept. 1927, respecting the general
reorganisation of the Spanish Government Departments, the various emigration services
are henceforth to be included in a more comprehensive department, named the DirectorateGeneral of Social Affairs and Emigration (Dirección general de Acción social y Emigración),
attached to the Ministry of Labour, Commerce and Industry. In future the emigration
services will form one of the three sections of the new department (the Emigration Section),
which will work in co-operation with the other two sections (Social Action in Agriculture,
OFFICIAL DEPARTMENTS
127
The Directorate is attached to the Ministry of Labour, Commerce and
Industry, and is required to furnish annual reports of its work to the
Ministry. I t is subdivided into five sections : (1) Inspection of emigrants
in ports and on Spanish territory ; (2) Navigation (inspection on board ship) ;
(3) Publicity and Statistics, this section being responsible for the preparation
of international agreements on emigration matters ; (4) Finance, this section
dealing with the collection of emigration taxes and the management of the
Emigration Fund; (5) Judicial Section, competent to prosecute offenders
against the emigration laws, and to assure the legal and judicial protection
of emigrants.
Under the orders of the Directorate, regional inspectors exercise supervision in the districts where emigration movements arise, port inspectors
accomplish similar duties in the ports and on ships leaving port, while
emigration doctors are responsible for the protection of the emigrants during
the voyage. Special consular representatives protect emigrants in the
countries of destination.
Advisory Bodies. To assist the Directorate and its subordinate officials
(port inspectors, district inspectors and special consular representatives
abroad) a number of advisory bodies have been set up. These include a
Superior Council (Junta central) in Madrid, attached to the DirectorateGeneral of Emigration, a local council (Junta local) in every port
approved for the embarkation of emigrants, and a consular council
(Junta consular) in every immigration port habitually used by Spanish
emigrants. The Act of 20 December 1924 further allows steps to be taken,
where necessary, to bring about the formation of associations for the protection of emigrants in emigration districts.
The Superior Council includes the following members, viz. the DirectorGeneral of Emigration; representatives of the various State departments;
two workers' representatives and one woman member of the Labour Council ;
one member of each of the following organisations : the Superior Council
for Home Colonisation and Land Settlement, the Spanish Maritime League,
the National Committee for Spanish Oversea Trade, Spanish Chambers of
Commerce or associations in each of the American States ; and two members
specially competent in emigration matters. The Superior Council must
be consulted in respect of the following matters : (a) approval of estimates
and accounts concerning emigration ; (b) disposal of the moneys belonging
to the Emigration Fund (Tesoro del emigrante) ; (c) approval of proposed
amendments t o emigration legislation; (d) authorisation of collective
agreements and prohibition of emigration to any particular country; and
(e) complaints submitted to the Directorate-General of Emigration.
The local councils set up to assist port inspectors in the performance
of their duties include the following members, viz. the Maritime Prefect
or his authorised representative, a judge, the head of the Port Health
Offices, a medical officer of the Poor Relief Department, a labour inspector,
a delegate of the military forces and an official appointed by the DirectorateGeneral of Emigration.
The consular councils are presided over by the consul, who arranges
for the council to include representatives of the Spanish Chambers of
Commerce, and patriotic and philanthropic associations established in the
districts concerned.
Emigration Fund, The expenditure of the emigration services is covered
by a special Emigration Fund administered, under the supervision of the
and Welfare Institutions), under one director. The reorganisation also affects the
advisory emigration bodies, and a central advisory organ has been set up under the name
of the Council of Social Affairs and Emigration (Consejo de Acción social y Emigración).
The Council is subdivided into three committees, one of which, the Central Emigration
Committee (Junta central de Emigración), will act in the same capacity towards the
Council as it did towards the former Directorate-General of Emigration.
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EMIGRATION
SERVICES
Superior Emigration Council, by the Directorate-General of Emigration,
which has legal power to possess and inherit moneys. Apart from regular
income (licence fees, proceeds from the t a x on tickets issued to emigrants
and fines imposed for contraventions of the Emigration Act), Spanish law
allows the Emigration Fund to accept subsidies and gifts from associations
and private persons.
The Emigration Fund is required to defray the cost incurred by the protection of emigrants, insurance against travelling risks, action in favour of
emigrants, persons who have emigrated, and returning emigrants, grants
to hospitals, educational and welfare institutions abroad, and grants for
the purpose of colonisation and land settlement in Spain.
Section 60 of the Act of 20 December 1924 provides for the constitution
of an Emigrant Fund in every consulate having its own consular emigration
council ; the council manages the said fund and submits its accounts once
a year to the Directorate-General of Emigration.
Subsidies are granted by the Central Emigration Fund to the consular
emigration funds, which are also entitled by law to accept gifts offered
them. Consular emigration funds must be utilised exclusively for the
relief of Spaniards in need of their services. (Consolidated Text of the Act
and Regulations of 20 December 1924.)
SWEDEN.—Administrative Services. The enforcement of the laws
concerning emigration and the protection of emigrants is assured through
the medium of the ordinary administrative departments. The issue of
permits to emigration agencies is entrusted to the Social Office set up in
1912 in the Ministry of Social Affairs. The appointment of subordinate
emigration officials is left to the Governor of the province concerned and,
in Stockholm, to the Governor-General. The supervision of the activities
of emigration agencies and the inspection of emigrant vessels is carried out
by these officials aided by the police authorities and other competent persons
appointed by them.
The protection of emigrants abroad is entrusted to the consuls, who are
required to bring to the notice of the Social Office all facts worthy of mention.
(Royal Order of 4 J u n e 1884 as modified by the Decree of 28 November
1912.)
SWITZERLAND.—Administrative Services. An Emigration Office
under the Political Department was created by an Order dated 31 December
1900. This Office must give its consent before a licence is granted and
deals with all matters connected with the supervision of emigration agents,
propaganda, encouragement to emigrate by means of false promises, offers
of work from individuals or societies, the transport of emigrants, etc. As
the Emigration Act of 1888 to which the Office owes its existence dealt
only with oversea emigration, an Order of 17 May 1918 empowered the
Office to supervise agreements and emigration to foreign countries in general,
which, of course, includes continental emigration. Enquiries sent to the
federal authorities must be addressed to the Emigration Office which provides
persons who have accepted an engagement with information and advice.
Sometimes the Office appoints inspectors in foreign ports to supervise
the embarkation of Swiss emigrants. The protection of emigrants is carried
out abroad by the consuls who are sometimes assisted by deputy emigration
commissioners. The consuls are also required to furnish the Office with
all useful information.
U N I T E D STATES.—Administrative Services. The Bureau of Immigration of the Department of Labour is responsible for the supervision of
the departure of emigrants and returning emigrants, and for drawing up
emigration statistics.
P o r t o Rico.—Administrative Services. The Emigration Act approved
on 29 May 1919 empowers the Agricultural and Labour Commission and its
PRIVATE SOCIETIES; RELATIONS WITH OFFICIAL DEPARTMENTS
129
subordinate bodies to take all steps necessary to regulate the emigration
of workers from Porto Rico.
When the Commission learns that the emigration of workers is about
to take place, it institutes enquiries concerning the conditions offered to
national workers, and takes steps to regulate their recruitment, supervise
the conclusion and enforcement of agreements concluded by individuals
or societies with a view to the employment of national workers abroad
or in the States of the American Union, and to assure itself more particularly
t h a t the stability of work offered and the repatriation of workers leaving
the island are guaranteed. At the same time, the Government of Porto
Rico does not accept responsibility for the protection of emigrants unless
their labour contracts have been approved by the Agricultural and Labour
Commission. In such cases the onus of responsibility is on the immigration
countries (sections 1, 2 and 3).
§ 2.—Private Societies and Their Relations
w i t h the Official Departments
I n addition t o the official departments created t o deal with
emigration matters, there are in most countries private societies,
sometimes fairly numerous and active, which duplicate, in some
respects, the action of the Governments, and even replace t o
some extent the official organs, when these are insufficiently
developed. The less perfect the organisation of t h e official
emigration services, the greater is, in many cases, the activity
shown by t h e private associations.
Apart from the supervision of emigration necessary for the
enforcement of legislative measures, which is essentially a State
prerogative, it m a y be said t h a t the other functions executed
by official departments and offices, e.g. supplying information
and opportunities of training for emigrants, finding employment
abroad for emigrants and giving them protection and assistance
prior t o and during the voyage, are all matters which m a y equally
well be accomplished by private initiative. Indeed, the protection
of emigrants abroad is a matter often best left t o such bodies,
whose unofficial character tends t o render their action more
supple, not embarrassing for the country of residence, and
consequently fairly comprehensive. Subsidies are often granted
them for the accomplishment of their mission. There are large
numbers of such charitable institutions (hospitals, etc.), national
centres abroad, and emigrants' mutual aid associations, etc.
Private emigration societies are of a very varied character.
Some are of a strictly utilitarian, practical or occupational
character, such as colonisation societies, which, with the support
of the Government, endeavour t o promote emigration in certain
10
130
EMIGRATION
SERVICES
directions, and bodies of an occupational character which facilitate
the employment abroad of members of a given trade. Others,
having charitable objects, aim at helping the emigrant t o surmount
t h e material difficulties and moral perils in his p a t h . Still
others are denominational—Catholic, Protestant, or Jewish—
although it should be said t h a t while certain of these favour more
particularly the settlement of persons of their own religion,
others extend their help t o all emigrants irrespective of their
religious beliefs.
A distinction may also be drawn between national associations
and those of an international character with branches in various
courtiies. This difference does not always stand out clearly,
and it frequently happens t h a t an organisation founded originally
in one country subsequently extends its sphere of action t o others.
Again, m a n y national bodies have branches or corresponding
associations abroad, while, on the other hand, the branches of
certain international associations sometimes become so independent as t o take on a truly national character in spite of their
affiliation t o the central institution.
Another difference lies in the extent t o which the societies
specialise on emigration work. A number of philanthropicbodies include t h e protection of emigrants among other matters,
or create special services t o deal with the subject, while others
are formed solely t o afford such protection.
The specialisation of the work undertaken b y these bodies
m a y take still another form. They may deal with all emigrants
or merely with one particular class of emigrants, e.g. children,
girls, or women. The dangers t o which young women are
exposed when travelling has led t o the formation of numerous
societies for their protection
Other organisations have a character above all scientific and
are compared more with the councils of emigration t h a n with
t h e emigration offices and departments. They are not so much
organisations for practical service, but rather consultative
organs which either devote themselves especially or occasionally
t o the questions of emigration.
The extreme variety of the private societies makes it difficult
t o define their exact scope, and it may even be said t h a t , as a
result of the various practical and theoretical difficulties connected
with the different phases of emigration and t h e varied interests
P R I V A T E S O C I E T I E S ; R E L A T I O N S W I T H OFFICIAL, D E P A R T M E N T S
131
which t h e y arouse, every welfare association is liable t o deal a t
times, although sometimes indirectly, with emigration. At t h e
present time this takes place with ever-increasing frequency.
I t is impossible t o give a detailed description for each State of
the work of every private body or branch of an international
society t o be found in its territories, and we have perforce t o
limit ourselves t o mentioning those whose work has received
official recognition by t h e grant of subsidies, b y t h e tasks entrusted
t o t h e m , or b y the place reserved for their representatives in
t h e official emigration departments. Omissions resulting from
this method of selection are in no way m e a n t t o imply a want
of appreciation of the important p a r t played b y private initiative
in connection with emigration problems \
AUSTRIA.—For several years past the Vienna Chamber of Workers
and Employees (Kammer für Arbeiter und Angestellte in Wien) has been
dealing with emigration questions. For this purpose it has set up in its
offices a special department which is in touch with t h e Federal Emigration
Office, the official departments of the different Austrian States (Länder)
and official Austrian representatives abroad, as well as with other Austrian
and foreign industrial associations interested in these questions, and Austrian
workers and employees established in other countries. The Chamber is
thus able to collect extensive information which it distributes in reply t o
personal applications and, since 30 March 1926, by the publication a t
irregular intervals, of an emigration bulletin, which appears under the title
of Mitteilungen der Wiener Arbeiterkammer über Aus- und Einwanderung.
Further, the Chamber sometimes furnishes financial aid to emigrants,
with a view to facilitating their establishment in agricultural settlements,
or towards the cost of emigration. This association also acts as an advisory
organisation; it makes a study of emigration questions and is frequently
asked by the Government to discuss emigration problems with the official
department concerned with a view to determining, if possible, a common
policy.
CZECHOSLOVAKIA.—Besides the official departments, a number of
semi-official or private bodies lend their aid in the study and organisation
of emigration. Among these should be mentioned the Institute of Economic
Research on Emigration and Colonisation, a branch of the Masaryk Labour
Academy, which deals with t h e scientific aspect of emigration questions
and possesses a special library on the subject. Practical work is accomplished by t h e Czechoslovak branches of the Y.M.C.A., the Y.W.C.A.,
and the Red Cross Society. The latter body is subsidised by the Czechoslovak Government. I t has an emigration section attached to the Central
Committee in Prague, and subsections in each of the provincial committees
in Slovakia and Sub-Carpathian Russia. I t devotes special attention
to emigrants' children, and takes steps to facilitate the reunion of families
separated by emigration restrictions.
The Act of 15 February 1922, which authorised the Minister of Social
Welfare to recognise associations of a philanthropic character engaged in
providing assistance to emigrants as being of public utility, prohibited such
1
F u r t h e r particulars m a y b e obtained from t h e Annuaire
issued in 1927 b y t h e I N T E R -
NATIONAL C O N F E R E N C E O F P R I V A T E O R G A N I S A T I O N S F O R T H E P R O T E C T I O N O F M I G R A N T S .
132
EMIGRATION SERVICES
bodies from acting as recruiting or employment agencies without having
first obtained the licence required by such agencies. Private bodies are
further required, by utilising the employment offices with which they are in
contact, to inform the emigrants with whom they have dealings whether
there is any possibility of their obtaining employment in Czechoslovakia
similar to that which they are endeavouring to find abroad (section 4).
DENMARK.—The official organisation of emigration being but little
developed, the training and assistance of emigrants is carried out for the
most part by numerous and prosperous private bodies. The most important
of these is the Emigrente Society, which is a sort of semi-official body entertaining direct relations with the Official Information Department of the
Ministry of Foreign Affairs.
As regards purely philanthropic bodies, mention should be made of the
Danish Young Women's Christian Association, which works in co-operation
with the official departments (Kristlig Foreningfor Unge Kvinder i Danmark).
GERMANY.—Since the war a large number of private emigration
societies have been created in Germany. The illegal activities of some of
them, purely speculative in character, were suppressed by Decree dated
14 February 1924, but purely philanthropic bodies continue to co-operate
with the German Federal Emigration Office (Reichsstelle für das Auswanderungswesen) and the official departments, with a view to providing information
and finding employment for emigrants abroad.
The most important of these, the powerful Union of Associations for the
Protection of German Emigrants (Arbeitsgemeinschaft für deutsches Wanderungswesen) with 85 affiliated societies and a wide range of action, provides
information and assistance for emigrants.
The United Committee for Jewish Emigration (Vereinigtes Komitee für
Jüdische Auswanderung), which represents a number of Jewish associations
for the protection of emigrants, facilitates the emigration of the numerous
Jewish refugees in Germany. I t is recognised by the German Government
as a "public utility" society for the purpose of giving information to Jewish
emigrants.
The Catholic Association "Caritas" (Deutscher Caritas Verband) is recognised by the Government as an official advisory office for emigrants, and the
same applies to the German Association of Catholic Societies for the Protection of Young Women (Deutscher Nationalverband der Katholischen
Mädchenschutzvereine), which, as its name shows, specialises in advising and
protecting young women emigrating. Among the semi-official associations
attention may be drawn to the German Foreign Institute (Deutsches Auslandinstitut), which provides information and instruction, with a view to the
training of future emigrants. I t works in close contact with the Government of Wurtemberg. Other bodies of a private and denominational
character also deal with the protection of emigrants.
G R E A T B R I T A I N . — I t is not possible to give here a detailed description
of the work of all the various private organisations which exist in Great
Britain for the assistance of emigrants. Broadly speaking, such societies
fall into two classes : those which receive a grant from the British Government under the Empire Settlement Act of 1922 and who work in close
co-operation with the Oversea Settlement Committee, and those who work
independently. Some societies give financial assistance in necessitous
cases, while others simply give advice and information and arrange for the
emigrant to be helped and met in the country of immigration. Arrangements
are being made for the voluntary societies to be more closely linked together
by the appointment of representatives to the Empire Migration Committee
of the Royal Colonial Institute, which studies migration problems throughout the Empire. Examples of the different voluntary societies existing in
•Great Britain are as follows :
The Society for the Oversea Settlement of British Women is both a n
P R I V A T E S O C I E T I E S ; R E L A T I O N S W I T H OFFICIAL D E P A R T M E N T S 1 3 3
official and a non-official organisation (see Chapter IV, § 1). I t is
a consolidation of various women's emigration associations represented
upon the Joint Council of Women's Emigration Societies, and has upon
its council representatives of certain other societies and Government departments. Acting in co-operation with the British and Dominion authorities,
it gives information and advice t o intending emigrants. I t receives
applications from women for posts in t h e Dominions and arranges for
their placement and transport. Lectures are given through the publicity
department on the openings for settlers overseas, and t h e schemes for the
assistance and welfare of migrants. Local committees of the society organise
meetings and distribute information. The society owns, subsidises or
recommends hostels for women emigrants in the Dominions. I t also has
a Loan Fund through which financial assistance is given t o women a n d
children ineligible for assistance under the Government schemes J .
The British Dominions Emigration Society also works in close touch
with t h e Oversea Settlement Committee, with which it has a n agreement
providing for a grant in aid of the emigration of suitable families to Canada.
The chief work of the society is family migration, but the society also sends
out single men, who are met and placed on arrival a t their destination.
Information is also given t o all classes of people on t h e subject of
emigration 2.
The Church of England Council of Empire Settlement was constituted
in March 1925 as a result of a resolution adopted by the Church Assembly
on 13 February 1925. The Council co-ordinates the work of various church
organisations on migration, so t h a t overlapping may be avoided. I t has
set u p machinery in Australia, New Zealand, and South Africa for t h e
reception, training, and after-care of immigrants, and it gives financial
assistance t o individuals nominated by these oversea organisations 3.
The Migration Department of t h e National Council of Y.M.C.A.'s in
Great Britain has inaugurated a similar scheme of co-operation between
the Y.M.C.A. in Britain and oversea churches and other organisations
with regard to oversea settlement. Church congregations in the Dominions
are invited t o nominate families of suitable emigrants for whom they are
prepared to find housing and employment. The Y.M.C.A. Migration Department in Great Britain acts on behalf of the various churches in selecting the
migrants and arranging for their transport 4 . The Child Emigration
Society sends children t o Australia and provides training for them there.
I t receives a grant from the Government towards t h e maintenance of the
children and the extension of the schools. Similarly, Dr. Barnardo's Homes
receive a grant towards the cost of the outfitting, travelling in the United
Kingdom, and t h e reception, settlement, and after-care of children proceeding under the auspices of the society t o Australia and Canada 6.
The Salvation Army offers free advice as t o openings in the Dominions
and gives financial assistance in necessitous cases. I t organises accompanied parties of settlers, or of boys or girls proceeding overseas for agricultural or domestic employment. I t maintains hostels in the Dominions
for the reception of the emigrants on arrival. Agreements with the British
Government under t h e Empire Settlement Act provide for t h e testing of
1
S O C I E T Y F O B T H E O V E R S E A S E T T L E M E N T O F B R I T I S H W O M E N : Sixth
Annual
London, 1925.
2
B R I T I S H DOMINIONS EMIGRATION SOCIETY : 44th Annual Report for the Year
m September 1925.
3
Report of the Church of England Council of Empire Settlement for the nine months
HI December 1925.
4
Y O U N G M E N ' S CHRISTIAN ASSOCIATION : ¥. M.C.A. and the Church Nomination
of Oversea Settlement.
March, 1927.
5
G R E A T BRITAIN : Report of the Oversea Settlement Committee for the Tear ending 31
ber 1925, p . 29. Cd. 2640.
Report,
ending
ending
Scheme
Decem-
134
EMIGRATION SERVICES
boys at the Salvation Army's farm at Hadleigh, Essex, to see if they are
suited for agricultural work in the Dominions, and also for the training of
boys a t the Salvation Army farm at Putaruru, New Zealand, and for their
after-care in these cases l.
The work of the Church Army Oversea Settlement Department is similar.
This body also gives advice on oversea settlement and arranges passages
to all parts of the Empire. Assistance by way of loan is given in necessitous
cases 2.
The 1820 Memorial Settlers' Association gives advice to intending settlers
proceeding to South Africa and offers a course of free training in farming
to those with considerable capital.
HUNGARY.—The League of Hungarians Abroad is a sort of mutual-aid
society whose main function is, as its name would show, to assist Hungarian
emigrants.
ITALY.—In spite of the activity of the official departments, private
societies for the assistance of emigrants and the protection of emigrants
abroad have been very largely developed. Among the former the most
important are the Bonomelli Societies, the Italica Gens, and the Cardinal
Ferrari Society, all three Catholic organisations founded for such purposes ;
the National Union for Emigration and Labour which furnishes emigrant
workers with both economic and moral assistance. Among the institutions
affording protection for emigrants, mention should be made of the Society
for Italian Emigrants and the Italian Labour Office in the United States,
the Patronato Italiano a t Buenos Ayres, and the Patronato degli Emigranti
in Tunis, all of which work in more or less direct co-operation with the
General Emigration Department. The Italian Government has, moreover,
recognised their utility and the Administrative Regulations of the Emigration
Act dated 10 July 1901, section 38, state : " t h a t the Department shall
co-operate in the development of institutions for the protection of emigrants
a t home and abroad and shall be empowered to recognise institutions set
up or which may be set up by private initiative. Such organisations may
be granted the same facilities as are accorded by law to the subordinate
offices of the Departments, and subsidies from the Emigration Office may
be granted to them."
Most of these institutions have special information services, provide
through the Press or by the distribution of handbills useful information
to emigrants, and issue publications such as La Patria, the weekly organ
of the Bonomelli Societies.
MEXICO.—The Blue Cross Society (Cruz Azul) co-operates with the
Mexican consuls in the United States in finding work for Mexican emigrants,
and in assuring their subsistence, and, where necessary, their repatriation.
NETHERLANDS.—-Private associations play an important part in
emigration matters in the absence of an official emigration department,
and some of them have the character of semi-official institutions.
The Emigration Society (Landverhuizing), founded in 1913, is subsidised
by the Government. Its chief centre of activity, an Information Bureau,
is established in the Ministry of Agriculture, Industry and Commerce.
The society is entrusted with the collection of information and the protection of emigrants, especially those proceeding to Canada, and with their
selection; it makes a study of all questions relating to emigration and false
1
GREAT B R I T A I N : Report of the Oversea Settlement Committee for the Year ending 31 December 1925, p . 29. Cd. 2640.
2
GREAT BRITAIN, OVERSEA SETTLEMENT DEPARTMENT
Thinking
of Settling
Overseas, p . 48.
London, 1927.
: Handbook
¡or
Men
who
are
PRIVATE SOCIETIES; RELATIONS WITH OFFICIAL DEPARTMENTS 135
propaganda thereon, and furnishes the Government with information on
these two questions. The society does not as a rule provide funds for the
purpose of emigration.
The society is in close contact with other institutions and associations in
Holland and abroad, which are able to help it in its work. I t is endeavouring
to set up in the most important immigration countries a network of Dutch
committees and correspondents, for the purpose of obtaining reliable
information.
I n November 1923 the emigration association "Holland" was founded,
to organise emigration as a measure against unemployment. This society
also works with the support of the Government and the large towns (Amsterdam, Rotterdam, The Hague, Utrecht), from which it receives subsidies.
Its management committee includes delegates from the Ministry of Labour,
the Unemployment Insurance Service, the public employment exchanges,
the principal towns, and the various trade union and industrial organisations.
The main object of the society is to provide loans to facilitate the ovetsea
settlement of Dutch nationals recommended by the Landverhuizing Association, which is entrusted with their selection. I t provides emigrants
with information and assistance of all sorts of which they may stand in
need, and looks after their interests in Holland. The society keeps in
constant touch with the competent authorities and officials in the immigration countries, with a view to obtaining reliable information regarding
the labour markets and in order to be able to take the requisite measures
for the placement of Dutch workers abroad; for this purpose it works in
close co-operation with the official Unemployment Insurance Service. As
its chief aim is the establishment of Dutchmen in Canada, it has set up an
advisory committee in Winnipeg, which acts as its correspondent for that
province. Assistance is also granted to those emigrants whom it has
established abroad.
Mention should also be made of the Zuid-Afrikaansche
Voorschotkas
(South African Advance Fund) founded in 1903, which gives information
and makes advances to persons intending to emigrate to South Africa. In
giving information this association works in co-operation with the Landverhuizing Association.
NORWAY.—In addition to dealing with problems concerning the
development of Norwegian commerce, the Norwegian Information Bureau
for Industry and Commerce (Norges Oplyaningskontor for Naringsveione),
which is subsidised by the Government, supplies information on economic
conditions, possibilities of labour, demands for labour, etc., in foreign
countries.
The Society for Home Settlement and the Limitation of Emigration
(Ny Jord, Selskap for Landets Kolonisaejon og Emigrasjonens innakrenkning)
supplies the Press with information on the economic situation of Norway
and other countries, especially in America.
The Nordmannsforbundet, or Norwegian Association, maintains close
contact with Norwegians established abroad, and supplies information on
foreign countries to prospective emigrants. In 1926 it established a section
in Canada to assist Norwegian immigrants in that country.
POLAND.—Among the private bodies affording assistance to emigrants,
attention should be drawn in the first instance, to the Polish Emigration
Association (Polskie Towarzystwo Emigracyjne) founded in 1918 under
the name of the Polish Colonial Society, and reconstituted in 1924 under
its present name. The association is in direct touch with the Polish Government, which grants it special facilities to carry on its work by placing at
its disposal part of the documents received from its agents abroad, and in
granting it subsidies. Two delegates of the association sit on the State
Emigration Council. The Polish Emigration Association provides information for persons who intend to emigrate, organises lectures, shows instruc-
136
EMIGRATION SERVICES
tive films, publishes guides for the emigrant and a periodical review called
Wychodzca. I t manages an emigrants' hostel at Powaski and canteens
at Gydnia and Danzig, affords protection for Polish emigrants during their
journey and in the immigration countries, supports the cost of schools and
libraries for the education of Poles abroad, and works for the maintenance
of intellectual relations between Polish centres abroad and the home country.
The Emigration Association works in collaboration with the Colonisation
Society, which is entrusted with the drawing up of schemes for settlement
in oversea countries, and with the Institute for the Study of Emigration
and Settlement (Instytut Naukowy do hadan, Emigracji i Kolonizacji) founded
on its initiative for the scientific study of questions regarding emigration.
A number of other private aid associations maintain relations, more or
less close, with the Polish legations and consulates.
PORTUGAL.—The Decree of 19 June 1919 respecting emigration
recognises the existence of private associations which co-operate with t h e
emigration services, with a view to assisting emigrants in foreign countries.
The Decree stipulates that the Emigration Office may, on the advice of
the consuls, empower such societies to take steps to assist emigrants, and
even grant them subsidies for this purpose.
SPAIN.—In spite of the importance of official departments, private
bodies take an active part in the assistance of emigrants, especially as
concerns the protection of emigrants abroad, which is carried out in co-operation with the Spanish consuls.
Representatives of these philanthropic associations sit on the Consular
Committees (Juntas consulares).
Some of the private aid societies publish periodicals and pamphlets.
El emigrante Español, a fortnightly review devoted to emigration questions,
is the organ of the International Employment Association (Bolsa del
Trabajo internacional) and of Spanish settlements abroad.
SWEDEN.—The fact that the official departments are but little developed
has led to the formation of numerous and prosperous private aid associations.
The most important of these is the National Anti-Emigration Association,
reorganised in 1925 under the title " 'Home in Sweden ' Society" (Sällskapet
Hem i Sverige). This organisation has its headquarters in Stockholm,
and branch offices in Gothenburg and Malmo, the two principal ports used
for the embarkation of emigrants. The main object of the association is
to give reliable information to emigrants concerning foreign countries and
the possibilities of employment at home, in order to restrict departures for
abroad. It also facilitates the repatriation of emigrants and aids their
re-establishment in Sweden. I t publishes a review entitled Hem i Sverige.
SWITZERLAND.—Various associations of an occupational character
facilitate the finding of employment for Swiss nationals abroad. The
Technical Employment Service of the Swiss Engineers and Architects
Society, which works under the control of a joint committee, is subsidised
by the Government, and finds employment for technicians in industry.
The Swiss Association for Home Settlement and Industrial Agriculture is
also engaged in finding agricultural employment abroad; in 1923 it was
entrusted by the Swiss Government with the task of studying the possibilities of Swiss settlement in Canada. This work has now been concluded,
but the association is continuing its study of schemes for settlement in
North and South America.
In order to assist Swiss emigrants, a large number of philanthropic bodies,
hostels, hospitals, girls' homes, etc., have been set up, which receive annual
subsidies from the Federal Government and the Cantons.
THE SUPPLY OF INFORMATION
137
CHAPTER V
PRELIMINARY A S S I S T A N C E OF T H E E M I G R A N T
During the last few years the Governments of the countries
of emigration have done much t o develop their information
services, both in t h e national interest and in t h a t of the emigrants
themselves. Their measures aim partly at protecting emigrants
from the risk of unsuitabihty which lies in unprepared emigration
and the still greater risk of being deceived by false information,
and partly a t directing national emigration t o those regions
where the supply of labour offered will be appreciated and
placed in t h e best conditions.
The guidance given t o the emigrant takes two different forms :
t h a t of publishing literature with information and spreading it in
quarters where it is required, or giving particulars direct t o those
who wish t o emigrate and apply orally or in writing t o the officers
responsible for giving information; and t h a t of training the
emigrants, in which case special technical or general instruction is given, according t o methods which v a r y in the different
countries, with the object of training the future emigrants in
such a way t h a t t h e y m a y find it easier t o adapt themselves t o
their new life.
§ 1.—The Supply of Information
I n order t h a t the distribution of information may be effective
it is necessary t h a t the supply of useful data should be directed
t o the central information offices in a systematic manner, and
further t h a t the particulars received should be made available
t o the general public in the most suitable way.
To facilitate the first operation the Governments rely on their
138
PRELIMINARY ASSISTANCE OF THE EMIGRANT
information agents throughout the world, namely, their diplomatic and consular representatives; and m a n y countries make it
one of the duties of these officials t o send periodically information
on changes in the immigration laws of the countries t o which
t h e y are accredited a n d on the possibilities of work for immigrants in these areas. Certain consular regulations a n d certain
emigration laws make explicit reference t o these obligations.
Further, several of the more important emigration countries
have special agents appointed for the protection of emigrants
in the regions t o which emigrants of the nationality concerned
usually go. These officials also act as information agents.
The distribution of information is naturally in the hands of
the special emigration office where such a b o d y exists ; otherwise
the official employment exchanges are usually responsible for
this work. Consuls on a visit in their home country frequently
hold officially announced meetings to give the public information
on the country t o which they are appointed. A country which
has colonies also, as a rule, sets up a colonial office at home
t o give information on the possibilities of settlement, t h e conditions of land purchase, etc., in the national possessions.
Sometimes libraries and museums are attached t o these offices.
These various institutions serve t o satisfy individual applications for information. They also spread useful information
in the form of leaflets and publications, among which special
reference m a y be made, on account of their particular efficiency,
t o the periodicals which give monthly or two-monthly reports
on recent changes in national emigration legislation a t t h e same
time as information on the countries of immigration. As a rule
a consular bulletin is also published for spreading t h e information
contained in the consular reports.
The action of the public services is very often supplemented
b y t h a t of private., commercial, or philanthropic associations which
are interested in emigration and also supply information t o future
emigrants, either directly or through the press. The work of
private information offices is often subject t o regulation, and
t h e spreading of false information is subject t o penalty.
AUSTRIA.—The Information Office for Emigrants (Oesterreichische
Auskunftsstelle für Auswanderer) was set up in 1920 and is placed under
the control of the Migration Office in the Ministry of the Interior, which,
under the Order of 21 July 1925 on the work of Austrian administrative
departments, is responsible for supplying emigrants with information. To
THE SUPPLY OF INFORMATION
139
any person who wishes to emigrate, it gives all the necessary information
free of charge, in particular with respect to the economic and health
conditions of different countries, travelling formalities, etc.
Further, the Order of 7 May 1908 makes it compulsory for employment
exchanges to give reliable information to persons who apply to them for
employment abroad in domestic service or other work, as regards the name
and address of the employer, the nature of the work offered, and the means
of travelling to the place of work (section 4).
I t has already been shown in Chapter IV, § 2, that the Vienna
Chamber of Workers and Employees also supplies information to intending
emigrants.
B E L G I U M . — I n Belgium there is an office which collects and communicates to interested persons all available information concerning the
conditions of migration overseas. I t is established at the Ministry of
Foreign Affairs (Department of Commerce and Consulates). I t was realised,
however, t h a t . i f all the information collected by the Government were
centralised in the capital it would be out of reach of the persons who require
it, and the Government therefore established information offices in different
parts of the Kingdom in direct communication with the Central Office.
I t was considered desirable to establish one of these offices in the principal
town of each province. Each of them receives from the Ministry of Foreign
Affairs a certain number of copies of statistics and reports which summarise
the economic situation in countries open to emigration. In addition, the
provincial offices place at the disposal of all interested persons the text of
migration laws and 1a list of firms authorised in Belgium to recruit and
transport emigrants .
CZECHOSLOVAKIA.—In view of the emigration from districts formerly belonging to Hungary, the population of which has at all times been
attracted to America, the Czechoslovak Republic has established a t Bra, tislava (Pressburg, Poszony) under the minister plenipotentiary responsible
for the administration òf Slovakia, and at Uzhorod (Ungwar) under the
Administration for Carpathian Ruthenia, a special section whose duty
it is to give information t o emigrants and t o dispel the erroneous ideas
which the inhabitants of those districts may have with regard to conditions
in America. Further, the public employment exchanges must supply
information on
request to workers who wish to emigrate in order to obtain
work abroad 2.
The Emigration Act of 15 February 1922, section 5, places the supply of
information to emigrants under the supervision of the Minister of Social
Welfare in order to prevent the population from being misled in respect
of prospects of emigration. Information respecting these prospects may
not be given without a permit from the responsible Minister.
No special permit is needed, however, for the giving of information
necessary for the engagement and recruiting of workers by authorised
agencies in the lawful course of business. But the Act also stipulates
(section 4) t h a t authorised unions and associations interested in emigration
must inform every person who comes into contact with them as an emigrant
whether similar employment to that which he seeks is available for him in the
home country. No permit is needed for the dissemination of merely
official communications or the giving of information only occasionally and
not by way of trade.
The permit to give information may be restricted or revoked at any time
by the Ministry.
i Communications of the Belgian Government to the International Labour Office, 1921
and 1926.
2
Communication of the Czechoslovak Government, 1921.
140
PRELIMINARY ASSISTANCE OF THE EMIGRANT
The regulations for the administration of the Emigration Act (Decree
of 8 June 1922, section 4) particularly recommend the officials responsible
for issuing passports to see that emigrants who are preparing to leave for
a country outside Europe shall have reliable information on t h a t country.
All information, whether oral, written, or given in the form of printed
prospectuses, must be communicated free of charge.
DENMARK.—An official information office was opened in the Ministry
of Foreign Affairs in 1922. This office is in touch with private associations
for supplying information to emigrants (see Chapter IV, § 2, on private
associations).
Information on the conditions of admission to each country and on the
conditions of staying there is sent to the Danish Government by its consuls,
whose duties under the Consular Instructions of 18 January 1912, section 40,
inelude t h a t of collecting the material for such information.
FRANCE.—In Chapter IV, § 1, an account is given- of the functions
of the Colonial Offices as information offices with respect to settlement in
the colonies and protectorates.
The General Agency of the Colonies (VAgence générale des colonies)
publishes a bulletin, which besides giving general information contains a
section dealing with offers of employment in the colonies.
GERMANY.—Since the staff of the Federal Emigration Office (Reichswanderungsamt)
was reduced, this institution, which has taken the
name of "Reichsstelle für das Auswanderungswesen", has only the duty of
giving general information 1 . It collects material concerning emigration
and publishes such of it as appears essential. For this purpose it issues
a forthnightly review, Nachrichtenblau der Reichsstelle für das Auswanderungswesen. I t publishes brochures on the conditions of emigration and
settlement in foreign countries.
The work of replying to individual applications for information is left
to the employment exchanges of the Federal States and towns.
Some years ago information for emigrants was often given by private
associations, but the abuses of certain commercial companies led the
Government, by a Decree of 14 February 1924, to prohibit the giving of
information or advice on conditions of life, work or settlement, etc., in a
foreign country in return for a fee. ' Persons who wish to give such information and advice without drawing a profit from it must obtain a permit
from the authorities of their place of residence, which is granted only if
the need for an agency of the kind is really felt, and if the persons in question
are properly qualified. Information offices run by public authorities or
philanthropic societies of recognised public utility need not obtain this
permit (see Chapter IV, § 2, for an account of these associations).
The same Decree empowers the Ministers of the Interior and of Foreign
Affairs to issue regulations concerning the work of information agencies
for emigrants and defining their obligations.
G R E A T BRITAIN.—The official information office for emigrants is
the Oversea Settlement Committee; for women its branch is the Society
for the Oversea Settlement of British Women. These two bodies publish
an annual report showing the emigration schemes in progress, as well as
a monthly review and handbooks on emigration to different countries,
particularly to the Dominions and Colonies. These publications are distributed free of charge or at a low price. Information is also given by word
1
According to a communication of the Federal Emigration Office to the International
Labour Office, 21 Feb. 1924.'
THE SUPPLY OF INFORMATION
141
of mouth or by correspondence to persons who apply for it. These official
information bodies work in close touch with private societies and encourage
the formation of local committees.
The representatives of the Dominions and Colonies in Great Britain also
give information to intending emigrants (cf. Volume I I , Chapter V).
The public employment exchanges distribute official publications on
conditions of immigration in various countries, and notify future emigrants
of favourable opportunities for employment abroad.
An Abstract of the Law relating to Passenger and Emigrant Ships has been
published by the Board of Trade for the use of emigrants. Five copies.of
this publications must be supplied on request to the captain of any emigrant
ship leaving the British Isles for a British possession. The captain must
give one of these copies to any emigrant applying for it, and display the
other copies in suitable places in the steerage where the emigrants are
accommodated.
Colonies : Malta.—The Emigration Department takes an active interest
in supplying emigrants with information. I t answers individual requests,
and in addition its annual report contains detailed particulars of the conditions of immigration in the various countries of destination of Maltese
emigrants.
HUNGARY.—In Hungary the Emigration Department is responsible
for supplying emigrants with the necessary information and issuing publications of general interest to emigrants.
INDIA.—The State does not undertake the supply of information to
emigrants, but closely supervises this work; see Chapter VI, § 2, (g), for the
provisions concerning the supervision of the full particulars on the
conditions in the country of destination which must be given by recruiting
agents to the workers they engage.
ITALY.—The information work of the General Emigration Department
is higly developed. From its correspondents abroad, diplomatic and
consular agents and emigration commissioners, and from Italian Chambers
of Commerce abroad and emigration committees, it regularly obtains
information on changes in immigration laws and on the state of the labour
market and the opportunities for employment abroad for Italian labour.
Information offices have also been opened in those foreign countries to
which Italian emigration is generally directed, with a view to facilitating
the placing of emigrants.
The General Emigration Department publishes a monthly review—the
Bollettino della Emigrazione"—and gives widespread publicity to all kinds
of useful information by means of popular guides, handbooks, brochures,
and leaflets. Requests for information are also attended to personally.
In addition to the General Emigration Department and its auxiliary
services, there are other offices and societies both public and private, which
give emigrants the information they need. The municipal and communal
emigration committees (Comitati mandamentali e communali delV emigrazione), appointed by the General Emigration Department and subject to
its supervision, and provincial and communal labour offices (Uffici provinciali e communali del lavoro) have information sections ; so have the private
institutions for the assistance of emigrants mentioned in Chapter IV, § 2.
As regards the giving of false information, the consolidated text of the
Emigration Act (section 14) states that any person is liable to the penalties
specified in section 416 of the Penal Code if by means of manifestos, circulars,
guides, or other publications he spreads false information on his own account
or undertakes to spread such information from abroad in Italy, or if by
means of false information he directs an emigrant to a foreign country other
than that to which he intended to go.
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PRELIMINARY ASSISTANCE OF THE EMIGRANT
MEXICO.—The Ministry of the Interior, which is responsible for emigration affairs, publishes, when it considers it useful, posters and leaflets
giving the necessary information for prospective emigrants on the conditions
of admission in the countries of immigration, particularly the United
States, which is the usual country of destination for Mexican emigrants,
informing them of the penalties imposed foi contraventions of immigration
laws, and warning them of the difficulties they may meet with abroad.
N E T H E R L A N D S . — T h e official department dealing with unemployment
insurance and employment exchanges occasionally gives information to
persons who wish to emigrate.
Before the formation of the Dutch Emigration Society (Nederlandsche
Vereeniging "Landverhuizing")
in 1913, information for emigrants was
given chiefly by the Ministry of Foreign Affairs. I n that year the newly
formed society, which is subsidised by the State, took over this work, which,
so far as oversea emigration is concerned, it now shares with the new
"Holland" society, an emigration office founded in 1924 (see Chapter IV, § 2).
As its principal organ the "Landverhuizing" Society opened an information
office in Amsterdam at the Ministry of Agriculture, Industry, and Commerce.
It is in touch with institutions which can co-operate with it, whether in
the Netherlands or abroad. I t takes steps to establish in the most important
immigration countries a network of Dutch committees and correspondents
from whom to obtain reliable information.
The "Holland" Emigration Society specialises in giving information on
the prospects of settlement oversea.
Information on emigration, though to a less extent, is also supplied by
the Emigration Committee of the Netherlands League of Youth (Nederlandsche Jongelingsverbond), the Society for the Protection of Young Women
and Girls, the Montefiore Association, and the "Steun aan doortrekkenden",
a society for the assistance of travellers, chiefly of Jewish nationality.
The Colonial Institute a t The Hague undertakes the placing of workers
in the Netherlands East Indies.
NORWAY.—An information office for emigrants was set up in 1924
and attached to the State Employment and Unemployment Insurance
Office, as the most suitable body to undertake this new work on the ground
of its relations with the fifty public employment exchanges in different
parts of the country and the communal unemployment committees.
The information office for emigrants receives its data from Norwegian
legations and consulates through the medium of the Ministry of Foreign
Affairs. Its work consists primarily in giving persons who propose to
emigrate information on the possibilities of improving their conditions in
the country itself. Then if the person in question decides to emigrate, it
must give impartial particulars as soon as possible on the conditions of
admission and employment in the proposed country of destination. Finally,
it must give Norwegian emigrants who wish to return home information
on the possibilities of finding work in Norway. Individual applications
for information addressed to the Central Office are dealt with personally.
The information concerning emigration collected a t that office is also
communicated to all the public employment exchanges and unemployment
committees in districts where there is a marked tendency to emigrate. Sometimes information is published in the Press. (Report of the State Inspectorate
for Public Employment Exchanges and Unemployment Insurance 1925,
page 13.)
See Chapter IV, § 2, for the work of private associations in supplying
future emigrants with information.
POLAND.—One of the functions of the Emigration Office is t o supply
future emigrants with all the information they need for their settlement
abroad. In this respect, as in that of the assistance of emigrants and
THE SUPPLY OF INFORMATION
143
returning emigrants, it has taken the place of the Office for the Placing of
Workers in Employment founded by the Decree of 27 January 1919, which
originally undertook this work. Its Information Office was organised
in 1923. I t also gives returning emigrants information on the opportunities
for work in Poland and on the facilities open to them for settlement in
agriculture. The Decree reorganising the Emigration Office again specified
this duty (20 October 1924). Since 1925 the Office has published a periodical
information bulletin ("Przeglad
Emigracyjny").
P O R T U G A L . — T h e General Emigration Department has an information
office which on request supplies information orally or in writing concerning
emigration, and also publishes a bulletin ("Boletim de Emigraçâo").
It
derives its information on the new measures taken in countries of immigration, and the possibilities of placing emigrants from the consuls abroad,
who must supply it with monthly data on the labour market in their district
and any other particulars affecting emigration; (Sections 36 and 106 of the
Emigration Regulations, 19 J u n e 1919, and section 104 of the Consular
Regulations, 7 March 1920.)
Propaganda by emigration agents is prohibited, so that the information
they may give emigrants must be limited to the simple publication of the
conditions of the contract and guarantees for its fulfilment at the place of
destination. (1919 Regulations, section 79.)
RUMANIA.—The public employment exchanges, which were organised
by the Act of 22 September 1921 and are subordinate to the Employment
Exchange Directorate of the Ministry of Labour and Social Welfare, are
responsible for supplying information to emigrants. This Directorate
co-ordinates the information on the work of the employment exchanges
and the state of the labour market at home and abroad, on the conditions
of admission in the countries of immigration, and the conditions of life,
work, and wages in those countries. I t keeps in touch with similar foreign
and international organisations in order to give as full information as
possible to the interested persons on the opportunities for work a t home
and abroad, and must inform the public by suitable means of the information
it has collected. Emigration agencies are bound, on pain of certain penalties,
to display the information supplied by the Ministry of Labour. (Emigration
Acts No. 1206 of 11 April 1925, section 6.)
SERB-CROAT-SLOVENE KINGDOM.—The publication of official
information on emigration questions is in the hands of the Emigration
Section of the Ministry of Social Affairs, but the information service is in
the hands of the General Emigration Department, which must answer
applications for information. The Emigration Regulations of August 1922
enumerate the methods by which the information service is to obtain its
own data. In addition to the particulars obtained by examining the foreign
Press, the office makes use of the statements made by experienced and
educated emigrants as a means of learning of conditions in the countries
of immigration, and also draws on the information sent regularly by the
emigration attachés abroad. As regards the means of communication by
land and sea and rates of transport, the observations made on the spot by
emigrants are used, as also the information obtained by correspondence
with other emigration institutions, important commercial undertakings
and private associations K
SPAIN.—It is one of the functions of the Directorate-General of Emigration and its inspection services specified in the Act of 20 December 1924,
1
Since the spring of 1927 the Chamber of Labour for Croatia and Slavonia has published.
a Quarterly Review of Jugoslav Migration,
144
PRELIMINARY ASSISTANCE OF THE EMIGRANT
section 13, to supply emigrants with information free of charge. For this
purpose information offices for the use of emigrants have been set up not
only in the Directorate-General in Madrid, but also in the offices of the
inspectorates.
I n order to ensure the reliability of the information furnished, the emigration consuls and consular attachés must inform the Directorate-Genexal
as soon as possible of all changes in the immigration legislation of the
country to which they are accredited (section 17). Since the beginning
of 1925 the Directorate-General of Emigration has published a bulletin
("Boletín de la Dirección general de Emigración") which contains all useful
information.
Spanish law permits the opening of commercial information agencies.
Consignees and shipowners who engage in the transport of emigrants may
open such agencies—used also for selling tickets—in different localities
in Spanish territory if they apply for a permit stating the locality and if
they entrust the work to an agent of Spanish nationality and good reputation. For their propaganda these information agencies may use only
posters, prospectuses, and literature of all kinds which have been submitted
for approval to the emigration inspector for the district. They are under
the constant supervision of this inspector. (Section 36 of the Act of
20 December 1924, section 64 of the Emigration Regulations of the same
date, and the Royal Order of 20 January 1925.)
SWEDEN.—The Social Board (Socialstyrelsen) in agreement with the
Ministry of Foreign Affairs, which collects data from its legations and
consulates, provides for the widespread diffusion of information on emigration, in which work it is assisted by private associations.
SWITZERLAND.—The employment exchanges, whether official or
private, are open to persons who wish to emigrate. They give the emigrant
advice on the state of employment in his proposed country of destination,
under the supervision of the Federal Emigration Office, to which they may
apply for all particulars. The Government publishes an economic periodical
—"Les Informations de Statistique sociale"—which occasionally contains
information of value to future emigrants.
The Swiss Association for Home and Industrial Settlement and the Swiss
Technical Employment Service also give information to those who desire
to emigrate with their assistance (see Chapter VI, § 4).
As regards the supervision of information given for commercial purposes,
reference may be made to section 24 of the Act of 22 March 1888, which
empowers the Federal Council to prohibit the publication in newspapers
or in other publications of advertisements likely to mislead intending
emigrants.
§ 2.—Training of Emigrants
The attempts at organisation under this head are fairly recent
and not yet very widespread. Their purpose is twofold, t h a t
of t h e welfare of emigrants and t h e national interest. The fact
t h a t emigrants are not sufficiently prepared for their new life,
and the unknown difficulties with which t h e y have t o cope, too
often leads t o setbacks which might be avoided if t h e y were
given beforehand some practical idea of the manner of adapting
themselves t o their new surroundings. During the last few
TRAINING OF EMIGRANTS
145
years emigration has further become a sort of export trade, the
economic value of which varies with that of the product exported,
namely, labour. It is, therefore, to the interest of the countries
where there is a surplus of labour on the home market to offer
a supply of skilled labour on foreign labour markets for which
there will accordingly be a demand; in other words, they should
educate the workers with this end in view.
For one or other of these reasons several countries have
recently undertaken preliminary education and instruction of
their emigrant population. This is what is called the training
of emigrants.
There are many forms of such training; for instance, that of
theoretical courses intended for the more gifted elements among
emigrants (Germany, Malta, Japan); that of general technical
instruction of a practical nature in the form of public courses
open to bona fide pupils (Italy); finally, and for agriculture
in particular, that of closed courses of thorough training on a
farm, reserved for a small number of persons (Great Britain,
Netherlands). This last method of practical training has,
moreover, been found an excellent means of eliminating persons
unsuited to land settlement work.
The new institutions for the preparation of emigrants may be
taken to include the colonial training schools which have long
been in existence in countries with colonies. These schools
give suitable instruction to young persons who propose to engage
in colonial careers (administration, agriculture, stockbreeding?
import and export trade), and prepare directly for settlement
in national possessions and indirectly for emigration to any
country with similar conditions of life.
GERMANY.—In 1922 University courses were started at Hamburg for
students intending to settle abroad. These courses vary according t o the
country of destination (Latin-America, Netherlands, Sweden, Norway,
Denmark) and cover the language of the country, its history and civilisation,
as well as the elements of colonial law and hygiene. The course is concluded
by an examination.
GREAT BRITAIN.—For some years training schemes for young
British emigrants have been undertaken in various Dominions and Colonies,
but the Ministry of Labour, in agreement with the Dominion authorities,
has now decided to set up training farms in Great Britain in co-operation
with the Oversea Settlement Committee where short period courses are
given for future emigrants, especially for young men of nineteen to twentyfive years of age who are not skilled workmen. By these courses emigrants
are both taught and tested. Intended mainly for individuals brought
11
146
PRELIMINARY ASSISTANCE OF THE EMIGRANT
up in urban surroundings, the courses give them the elementary instruction
necessary to become agricultural workers and colonists, classes of emigrants
particularly needed in the Dominions. They also afford an opportunity
for the elimination before departure of those who cannot adapt themselves
to this new life. Three training farms have already been opened : at
Claydon near Ipswich, at Brandon, Norfolk, and an army camp for training
discharged soldiers at Catterick. The length of the course is six months,
and the training is of an entirely practical character. I t includes training
in agricultural operations (ploughing, sowing, etc.), the care of animals,
dairying, the management and upkeep of the stock of a farm (harnessing,
repair of agricultural implements, and, if possible, motor machinery). I t
even includes an elementary course in carpentry that the young colonists
may know how to furnish their farms. (Reports of the Oversea Settlement
Committee for 1925 and 1926.)
Before the official establishment of these farms, private organisations had
already taken the initiative in providing such instruction for future emigrants.
The training farm of the Salvation Army a t Hadleigh may be especially
noted.
The Imperial Conference of 1926 recognised the need for training, and
recommended t h a t the existing centres should be maintained and, if possible,
extended. I t also discussed the possibility of providing still shorter courses
in the future with a view to increasing the number of those who proceed
overseas. The Australian authorities agreed to contribute towards the
cost of a scheme for training women for work in Australia, and arrangements
have been made for a residential course by t h e Central Committee on
Women's Training and Employment. (Report of the Oversea Settlement
Committee for the year ended 3i December Ì926, page 16.)
Colonies : Malta.—To facilitate the adaptation of emigrants, evening
courses have been organised so that they may obtain familiarity with the
languages and customs of the country to which they propose to go. These
courses have been run since October 1919.
ITALY.—The training of emigrants has been much developed in Italy
during the last few years and for two reasons : first, in their own interest,
to facilitate their adaptation to new conditions of life, and secondly,
in the national interest, to increase the reputation of Italian emigrants
by offering well-trained workers to the countries which employ foreign
labour.
The instruction of emigrants is organised by the General Emigration
Department and comprises courses of both general and technical instruction.
Those first organised were evening classes for illiterate persons who wished
to emigrate to countries which make an elementary education a condition
of admission. The knowledge they thus obtain enables them to pass with
success any tests to which they are subjected. Next, practical technical
courses were started in different towns and districts. At present these
cover various building trades, engineering, dye-works, agriculture (vine
growing, agricultural engineering, etc.). Courses in weaving were arranged
for women, as well as courses in hygiene intended to give them the elementary knowledge without which they cannot give the medical assistance
t h a t everyone must know how to provide in districts where settlers are
fairly isolated. Courses in rural economy were started in 1925 to give
future settlers a knowledge of how to make the best of the resources in their
new place of residence.
By May 1926 the number of these various courses had risen to 350. They
are particularly numerous in districts where the volume of emigration is
large. I n order t h a t some of the instruction may reach the rural population,
the courses are sometimes given in one centre after another (cattedre
ambulanti).
(Bollettino della Emigrazione, February 1926 : "Istruzione
professionale degli Emigranti", page 109; and May 1926 : "La Commissione
Parlamentare di Vigilanza sul Fondo per la emigrazione", page 553.)
TRAINING OF EMIGRANTS
147
JAPAN.—In 1923 a series of lectures on theoretical subjects was given
on the initiative of the Society for Oversea Emigration (Kaigai lonin Kiokai),
which had organised it in co-operation with the Bureau of Social Affairs.
The question of organising systematic instruction for future emigrants is
at present under consideration.
NETHERLANDS.—As in Great Britain, the system of training farms
has been adopted. A school for colonial agriculture was first set up at
Daventer for young persons proposing to settle as colonists in the Netherlands East Indies. Scholarships were granted, and occasionally even loans
were made to the graduates. This instruction was intended, however, for
a superior class of emigrant, and the need of training for agricultural
work Dutch who appled to emigration societies led to the foundation in
1923 by a private society (the Heide Maatschappij) of two training farms,
one Catholic and the other Protestant, to train young persons who propose
to settle in Canada K
PORTUGAL.—By a Decree of 21 May 1927 the Portuguese Government
provided for the establishment in Mozambique of a centre for colonial training
on the right bank of the River Umbeluzi in the neighbourhood of an experimental agricultural station. This centre is run at the expense of the
Portuguese Government and is intended to receive emigrants from Portugal
and to facilitate their acquisition of the theoretical and practical knowledge
of the agricultural methods suited to the climate.
Those emigrants who give satisfaction during their stay at the training
centre, and prove their aptitude for agriculture, will be given preference
in the grant of land conceded by the State in certain parts of the Colony.
The Umbeluzi training farm can accommodate 100 pupils.
SPAIN.—The Decree of 16 September 1924 and the consolidated Emigration Acts of 20 December 1924 (section 65) provide for the organisation
of evening classes to be given in the schools in emigration districts, the
subjects to be dealt with being the geography of the various countries of
destination open to emigrants, the rules for adapting themselves without
risk to a climate differing from that to which they are accustomed, the
measures to be taken to retain Spanish nationality, and the patriotic or
philanthropic societies in foreign countries which may be useful to Spanish
emigrants after their settlement.
1
Nieuwe Rotterdamsche Courant, 26 Feb. 192i.
148
RECRUITING AND PLACING I N EMPLOYMENT ABROAD
CHAPTER VI
R E C R U I T I N G A N D PLACING I N E M P L O Y M E N T
ABROAD
A worker m a y leave for a foreign country in one of various
ways. H e m a y emigrate a t a venture t o a country which has
inspired him with confidence owing t o the general information
he has collected, without having made sure of a definite post
before his departure. He counts on his ability and luck t o
obtain one on arrival. B u t whill spontaneous emigration of this
kind calls for due admiration, it is suited chiefly t o t h e strong,
who are able t o resist their first disappointments and t o overcome
t h e difficulties which t h e y could not suspect from a distance.
I t is full of peril for those of less physical a n d moral resistance,
or those who have m a n y responsibilities and stand in need of
earning money as soon as possible. Moreover, t h e growing
strictness of migration regulations nowadays makes this method
difficult in practice.
As a rule, therefore, the emigration of workers is t h e result
of a previous offer of work. They go t o definite employment
accepted in advance, with regard t o which t h e y are often bound
b y a contract. This method of emigration is preferred b y m a n y
countries of immigration, and as a rule also b y t h e Governments
of the countries of emigration, which often refuse passports or
visas if t h e emigrant cannot present a contract of employment,
or at least prove t h a t he has sufficient resources t o support
himself in his place of destination. I n this way t h e Governments
aim at avoiding the expense and complication of repatriating
unsuitable emigrants who fall into a state of want. A compulsory
contract cannot be made absolutely general, however, owing
t o the fact t h a t certain immigration countries are hostile t o t h e
RECRUITING AND PLACING IN EMPLOYMENT ABROAD
149
conclusion of contracts in advance. Apart from some exceptions,
the United States and Australia do not admit immigrants who
are engaged by contract, the idea being t h a t such workers are
tempted t o accept conditions of work inferior t o those prevailing
in the country, and therefore likely t o injure national workers.
The method of emigration under contract is thus not without
risk. This is why States now strictly regulate the conditions
in which the engagement of workers at a distance is carried
out, and in both its aspects, namely, recruiting and placing in
employment.
Recruiting for work abroad is the active search for labour t o be
exported b y an employer or an agent acting on his behalf.
Recruiting involves more or less direct solicitation, which means
a risk of pressure being brought t o bear on the workers engaged.
The regulation of recruiting is therefore particularly highly
developed and very strict. I t refers, on the one hand, t o the
work of recruiters, which is subject t o definite control and
carefully limited, and, on the other, t o regulation of the contract
of work b y means of which the conditions of the engagement
are placed under State supervision.
Regulations concerning agents are often confused by t h e
fact t h a t commercial agents who undertake recruiting themselves
frequently engage in confused and various activities. Besides
the work of engagement properly so called, t h e y also frequently
enter into the transactions connected with t h e transport of the
emigrant, assist him in obtaining his passport, organise the
journey; and sometimes t h e y even act as representatives b o t h
of an employer and of a transport company in whose name they
undertake t o negotiate t h e transport contract. Certain laws
accordingly apply the same regulations t o recruiting agents and
transport agents, describing t h e m all as emigration agents.
Yet in fact t h e y are traders whose activities differ sufficiently
t o be distinguished.
In this new edition, in which the process of emigration is
examined in its successive stages, an a t t e m p t will therefore
be made t o distinguish between regulations concerning recruiting
for employment abroad and those concerning the transport of
emigrants. This distinction is moreover found in certain laws;
thus the Austrian regulations of 27 June 1921 prohibit transport
companies from engaging in the recruiting of emigrants (section 6),
150
RECRUITING AND PLACING IN EMPLOYMENT ABROAD
the Hungarian Emigration Act of 1909 lays down that persons
who engage in an undertaking for settlement or placing abroad
cannot obtain a licence to transport emigrants (section 1), and
the Czechoslovak Act of 15 February 1922 similarly provides
that permits to transport emigrants must be refused, not only
to persons who engage actively in recruiting emigrants, but also
those who have a business connection with recruiting agents
(section 13). Even in those cases where emigration agents
are considered as both recruiters and transporters, it is often
possible to separate the provisions dealing with these respective
activities. The former will be examined in this chapter, the latter
in the following chapters. Where the same regulations apply to
both, repetition will be avoided by the necessary cross references
to Chapter VI : "Recruiting" ; Chapter VII : "Conclusion of the
Transport Contract"; Chapter VIII : "Departure of Emigrants";
or finally, Chapter I X : "Transport".
The regulations concerning recruiting in its various forms
will be considered first, after which the much less complex subject
of the regulation of placing abroad will be discussed. For purposes of placing, an official or private office collects both offers
from abroad and applications for employment from national
workers, and thus brings employer and worker together and may
even draw up the agreement reached in the name of the employer.
A final section will deal with assisted emigration, which may
be regarded as one form of organised emigration.
§ 1.—Special Regulations concerning Recruiting Agents
Recruiting may be effected either by a foreign employer or by
his direct representative, or by intermediaries such as emigration
firms or their agents and sub-agents.
The principles and methods governing the recruitment of
national workers for abroad differ substantially with the economic
and moral conditions of the countries, their shortage or surplus
of labour, the class of worker whose recruiting is subject to
regulation, etc. Different causes may sometimes produce the
same effects. Thus recruiting by foreign employers or private
agencies may be totally prohibited by countries in which there
is a shortage of national labour and workers must therefore be
imported (Cuba, Dominican Republic, Morocco), and also by certain
SPECIAL REGULATIONS CONCERNING RECRUITING AGENTS
151
countries where there is a surplus population compared with the
opportunities for work and therefore a marked tendency t o
emigrate so t h a t the activities of recruiting agents are much
facilitated (Poland, Spain).
Sometimes recruiting may be
prohibited in principle b u t authorised as an exception on the
decision of the competent authorities (Czechoslovakia,
India,
Netherlands East Indies, etc.), or it is authorised only in consequence of an international agreement concerning the recruiting of
national workers by the contracting country (Portuguese colonies).
When recruiting is authorised, it is usually subject t o the grant
of a licence on conditions subject to Government control, like
the actual work of recruiting. I t should be observed t h a t the
conditions imposed vary markedly with the intellectual standard
of the workers in question. The recruiting of Asiatic and African
natives is regulated all the more strictly as the lower intellectual
standard of those engaged exposes them more t o deception by
unscrupulous agents; an example is the detailed regulation of
recruiting in India.
The regulation of recruiting differs also with the destination
of the workers. For this reason we have separated from t h e
general provisions the regulations concerning recruiting for
agricultural settlement, which often have special features and
are as a whole particularly strict.
Sometimes special provisions are adopted concerning recruiting
for countries in the same Continent. I n this case cross references
are made t o Chapter X I I : "Continental Emigration".
Finally, reference should be made t o the growing importance
of international agreements concerning the recruiting of labour.
I n certain countries the emigration of workers is effected almost
entirely after agreement between the countries. Where international agreements are added t o national recruiting regulations,
they modify the normal application of the latter. Under the
agreement recruiting for a contracting country is effected in the
manner accepted by t h e two parties, the employing country
and the country supplying labour. Often the parties also fix
the annual quota of workers t o be recruited. Agreements
between possessions of one and the same country are studied
here as part of national regulations. Agreements concerning
recruiting as between independent countries are analysed in
Volume I I I , Chapter IV, of this work.
152
RECRUITING AND PLACING IN EMPLOYMENT ABROAD
(a)
PROHIBITION OF RECRUITING AND SPECIAL
AUTHORISATIONS
Recruiting is sometimes prohibited altogether, but this does
not exclude the possibility of spontaneous emigration. Sometimes it is prohibited for all countries except those with which
an international agreement on the exchange of labour has been
concluded. In this case an authorisation to recruit emigrants
may be granted to an official representative of the country of
immigration, or to a representative of employers, or to professional recruiting agents.
When the prohibition is total the Government may monopolise
the placing of its workers abroad and compel foreign employers
and national workers to negotiate through the public employment
exchanges or a special emigration office.
AUSTRALIAN MANDATED TERRITORY : N e w Guinea.—The
Native Labour Ordinance of 1922, section 25, only permits the recruiting
of natives for service within the territory of New Guinea or the Island of
Nauru, seamen excepted. (See above, Chapter III, § 1, (g) and (k).)
B R I T I S H M A N D A T E D TERRITORY : Tanganyika.—The Governor may make regulations prohibiting, restricting or regulating the recruiting
of natives for service out of the territory and regulating the engagement
and embarkation of servants to be employed under a foreign contract of
service. (Native Labour Ordinance, 1923, section 50.)
FRENCH MANDATED TERRITORY : Cameroons.—Collective
recruiting .is prohibited. For the engagement of natives by undertakings
outside the territory special individual permits to emigrate must be obtained.
(Decree of 9 July 1925, sections 2 and 3.)
CUBA.—The Act of 11 July 1906 on t h e development of immigration
absolutely prohibits the recruiting in Cuba of national or immigrant workers
for t h e purpose of transporting them abroad. Agents undertaking this
business are liable to a fine of 100 pesos * per person recruited (section 13).
CZECHOSLOVAKIA.—Hitherto the policy of t h e Czechoslovak Government has been opposed to the recruiting of its nationals for employment
abroad. The Emigration Act of 15 February 1922 lays down the principle
t h a t the recruiting of settlers is prohibited (section 6) as also that of
workers for countries outside Europe (section 7). For European countries
authorisation depends on an examination of the merits of each case (see
below, under heading (b)). Exceptions to these prohibitions may however
be allowed. An authorisation to recruit a certain number of settlers may
be granted by a public Order under certain conditions (see below, § 3), and
exceptions to the prohibition against engaging workers for employment
1
One Cuban peso = approximately 4s. 2d.
SPECIAL REGULATIONS CONCERNING RECRUITING AGENTS
153
outside Europe may be granted by the Ministry of Social Welfare for a
specified number of persons intended for employment solely in the undertaking engaging them. They must be recruited through the official employment exchanges (see below, § 4).
DOMINICAN REPUBLIC—The Decree of 12 January 1923 prohibits
the master of any vessel, any shipping agent, and any representative or
agent of a foreign undertaking, on pain of the prescribed penalties, from
persuading any worker (bracero) to leave the country or from influencing
him in any manner for this purpose.
FRANCE : Morocco.—The recruiting of workers for employment
abroad is prohibited in the French zone. The placing of these workers
is in the hands of official institutions (see below, § 4).
Colonies.—In the Establishments in Oceania the Order of 24 March
1924 states t h a t the engagement of French citizens for works or undertakings
situated on foreign territory is prohibited (section 23).
GREAT BRITAIN : Colonies.—The laws of Gambia, the Gold Coast,
Nigeria, and Zanzibar provide that it is lawful for the Government to
prohibit the engagement of any labourers for service without the limits
of the colony, either generally or in specific districts. (Gambia : Native
Labour (Foreign Service) Ordinance, 1913, section 16; Gold Coast : Regulation of Employment Ordinance, 1921, section 27i ; Nigeria : Native Labour
(Foreign Service) Ordinance, 1916, section 18; Zanzibar : Master and Native
Servants Decree, 1925, section 29.)
The laws of Barbados and Sierra Leone provide t h a t the Governor may
by order prohibit, either absolutely or conditionally, the recruiting of
labourers for emigration to, or labour in, any place out of the British
Dominions. (Barbados : Emigration Act, 1904; Sierra Leone : Native
Labour (Foreign Service) Ordinance, 1924, section 18.)
In British Honduras the Labour Law, 1914 (sections 13 and 14), declares
t h a t it shall not be lawful for any person to engage any labourer in British
Honduras t o work on the Panama Canal without the special permission
of the Governor. I t is not lawful, except with the consent of the Governor,
t o engage any person for work in the Republic of Liberia, or to induce any
person to emigrate to t h a t place.
I n the Solomon Islands the Resident Commissioner may, for any reason
which may seem good to him, prohibit for a specified time or until further
notice the recruiting of natives a t any place or within any area which
he may name. (Labour Regulations, 1921, section 26.)
HUNGARY.—The regulation of the recruiting and engagement of
workers for abroad is within the competence of the Minister of the Interior,
who is empowered by the Emigration Act of 1909 to issue Decrees on this
subject. Transport agencies are prohibited from engaging in recruiting.
INDIA.—The recruiting of unskilled workers is prohibited except for
certain countries expressly designated by the Government of India. I n
every case recruiting must be placed in the hands of a responsible official
appointed by the Government of the recruiting country (see below,
heading (b)). (Act No. VII of 1922, section 10, and Rules of 10 March 1923,
section 3.)
NETHERLANDS : East Indies.—Since the Order of 9 January 1887,
the recruiting of natives has been prohibited for all work outside the
colony, but t h e Governor-General has power (section 5) to grant an exception,
provided t h a t in each case he specifies the conditions of recruiting.
According to a communication to the International Labour Office from
154
RECRUITING AND PLACING IN EMPLOYMENT ABROAD
the Netherlands Ministry for the Colonies (15 J u n e 1927), these permits are
granted as a rule for countries in which there has been a regular immigration
of natives from the Netherlands East Indies for some time. As a matter
of fact, the recruiting of Javanese has been authorised for Surinam, the
Federated Malay States, the Straits Settlements, French Indo-China, New
Caledonia, British North Borneo, and Sarawak. When this recruiting is for
a foreign country, it must comply with the provisions of Order 613 of 1914
concerning the recruiting of natives of Java and Madura for districts outside
the East Indies, which were extended to recruiting for abroad (except the
Colony of Surinam) by the Order of 14 September 1914, No. 615.
P O L A N D K—Recruiting by private agencies is not authorised. The
placing of Polish workers abroad is effected solely through public institutions,
in particular the Emigration Office (see below, § 4).
I n pursuance, however, of a treaty with France of 14 October 1920, a n
association of French employers approved by the two Governments and
acting in the presence of officials of the Polish Emigration Service may
recruit Polish workers, after the Emigration Office has approved the demands
for labour received from the French Foreign Labour Service.
P O R T U G A L : Colonies.—The engagement and embarkation of a
native for service in a foreign colony is authorised only if carried out in
agreement with the provisions of international or inter-colonial treaties,
and subject to the express authorisation of the Portuguese Government.
If, under a treaty, a colony or part of a colony is bound to allow emigration
to a foreign country, the Government has no longer the power to prohibit
emigration from such a colony t o another Portuguese colony, provided t h a t
such emigration does not injure the agriculture or industry of t h e former.
(Decree of 14 October 1914 on Native Labour, sections 85 and 86.)
SPAIN.—Recruiting is altogether prohibited in Spain, and throughout
the whole country no emigration agency may be set up. This is in accordance with the Spanish Emigration Act, in particular the consolidated
text of 20 December 1924, section 35. The penalties imposed for contravention are especially severe in cases of illegal engagement by contract for
employment in a country where there is a strike or lockout.
(b)
T H E CONDITIONS FOR O B T A I N I N G AN A U T H O R I S A T I O N
A p p l i c a t i o n s for a u t h o r i s a t i o n m u s t b e s u b m i t t e d t o a specified
a d m i n i s t r a t i v e d e p a r t m e n t a n d m u s t often b e a c c o m p a n i e d b y
c e r t a i n i n f o r m a t i o n o n t h e c o n d i t i o n s of r e c r u i t i n g a n d t h e w o r k
offered b y t h e r e c r u i t e r . T h e g r a n t i n g of t h e licence is f r e q u e n t l y
m a d e subject t o a n undertaking t o repatriate t h e workers engaged.
T h e p a y m e n t of a d e p o s i t a s s e c u r i t y , o r a t l e a s t t h e g i v i n g of
a r e f e r e n c e for t h i s p u r p o s e , is o f t e n d e m a n d e d , a n d s o m e t i m e s
also t h e p a y m e n t of a fee p e r w o r k e r r e c r u i t e d .
I f t h e r e c r u i t i n g is u n d e r t a k e n b y a n a g e n t , t h e s e c o n d i t i o n s
m a y a p p l y also t o t h e r e c r u i t e r himself. S o m e t i m e s a r e c r u i t i n g
a g e n t is n o t a l l o w e d t o e n g a g e i n c e r t a i n o t h e r o c c u p a t i o n s .
i See Supplement I ; Decree of 11 Oct. 1927.
SPECIAL REGULATIONS CONCERNING RECRUITING AGENTS
155
The licence is granted for a specified period or for recruiting
a specified contingent of workers. As a rule, however, the
authority which is empowered to grant it also retains the right
to withdraw it at any time if the holder is guilty of a serious
offence or repeated contravention of emigration regulations.
Occasionally the licence may even be withdrawn arbitrarily.
B E L G I A N M A N D A T E D T E R R I T O R Y : R u a n d a - U r u n d i . — B y the
Decree of 19 July 1926, a foreign employer who wishes to recruit workers
in the territory must hold a special licence issued by the Governor if the
work for which he requires the natives is situated more than 25 kilometres
from the frontier. A contract of work drawn up by an unauthorised
employer cannot be approved by the Governor, and the person engaged is
refused an exit passport. The recruiting permit is granted if the conditions
of work offered comply with those fixed in the Decree. I t fixes the deposit
to be paid as well as the fee per worker engaged. I t is valid for one year,
and may be withdrawn at any time if it is found t h a t the employer no longer
complies with the prescribed conditions (sections 6 and 7).
B R I T I S H M A N D A T E D T E R R I T O R Y : T a n g a n y i k a . — N o agent
may recruit any native to be employed within or without the territory
unless he has obtained a permit. Such a permit is issued for a limited
period not exceeding in any case twelve months. The Government may
make regulations prohibiting or restricting the recruiting of natives, requiring
the labour agents to provide proper clothing, food, medicines, etc., and
imposing such conditions for the recruitment of natives as servants as may
be considered proper for their protection. (Native Labour Ordinance, 1923,
sections 25 and 27.)
F R E N C H M A N D A T E D T E R R I T O R Y : Togoland.—No one may
undertake to engage and transport emigrants without a permit from the
Commissioner for the Republic which may at any time be withdrawn, either
in general or for a specified country, in cases of serious abuse or whenever
the economic and political situation of the territory is considered to demand
the cessation of the operations for which the permit was issued. (Decree
of 1 March 1927, sections 5 and 6.)
AUSTRIA.—Agencies engaging in recruiting for abroad are subject
to the general provisions concerning limited liability companies (Gesellschaften mit beschränkter Haftung), which, by the Act of 6 March 1906, must
make a declaration to the Government.
The Ordinance of 23 November 1895 prohibits travelling agencies (Reisebüro) from engaging in the recruiting and transporting of emigrants
(section 3). By the Regulations of 27 June 1921 (section 6), transport
undertakings are also prohibited from recruiting emigrants.
BELGIUM.—Recruiting undertakings are subject to the same regulations
as transport undertakings and must obtain a licence under the same conditions, under the Transport Regulations of 25 February 1924. (See
Chapter VII, § 1.)
CHINA.—According to the Regulations of 21 April 1918, section 1,
any person or association engaging in the recruiting of Chinese workers is
called a recruiting agent and is subject to certain regulations. Employers
and agents must obtain a licence from the Emigration Bureau. All applications for a licence must state the name, age, birthplace, address, and
156
RECRUITING AND PLACING IN EMPLOYMENT ABROAD
personal record of the applicant, the address of his office or its branch, the
total capital and constitution of the company he represents, and any other
particulars required by the Act on corporations.
The licence may be withdrawn if the agent is guilty of acts contrary t o
the law or public safety, or engages in dishonest propaganda or ill-treats
the workers. I n the latter case he must compensate the workers recruited
for the injury they suffer by the withdrawal of the permit.
If the emigration agent also wishes t o engage in other business closely
affecting the interests of recruited workers, he must obtain an authorisation
for this purpose from the Emigration Bureau, stating the kind of business,
the locality in which it is to be carried on, the capital invested in it, and the
plan of the business. No person may act as a n interpreter for emigrants
without obtaining the authorisation of the Emigration Bureau.
A recruiting agent's licence is not granted to an applicant who has lost
his civil rights, has been declared bankrupt, has been declared unqualified
to administer property, or has been sentenced for contravention of the
regulations during the three years preceding his application, nor to a person
who has been refused a similar licence during the twelve preceding months.
In addition to the recruiting licence, a special authorisation is necessary
for each recruiting operation. I n applying for this t h e agent must state
the place where the workers will be recruited, the country and locality
where they will be employed, the kind of work, and the total number.
He must also deposit copies of the contract concluded between himself and
the employer and of t h a t to be concluded between the employer and the
workers. The payment of a deposit is compulsory. (Act of 21 April 1918,
sections 7 and I I , and Regulations of 21 April 1918, sections 1-5 and 14-16.)
COSTA RICA.—The Act of 28 October 1922 states t h a t for the recruiting
of day labourers (peones) and national workers (operarios) for employment
abroad, previous authorisation must be obtained from the public authorities.
In applying for this authorisation, the recruiting agent must inform the
Secretariat of State in writing of the number of workers he proposes t o
engage, the place to which they will be transported, the nature of the work
and the hours per day, the duration of the contract of engagement, the
remuneration granted (wages, board, medical attendance), the conditions
of transport, housing and repatriation, and any other clauses which may
be included in the contract of engagement. If the conditions offered appear
unsatisfactory, the Minister has the right to refuse his authorisation. A
certified copy of the contracts of engagement must be transmitted to the
Secretariat of State. The payment of a deposit is compulsory.
CZECHOSLOVAKIA.—The collective engagement of workers for a
European State requires the authorisation of the State Labour Office,
which decides in what district and occupations such workers may be recruited
and fixes their number. (Emigration Act of 15 February 1922, section 8.)
FRANCE.—Under the Act of 18 July 1860 no person may undertake the
business of engaging or transporting emigrants without official authority.
Such authorisation may be withdrawn at any time in cases of serious abuse
(section 1).
At present authorisations are granted by the administrative services of
the Merchant Marine, which is subordinate to the Minister for Public Works.
Colonies.—In the French Establishments in Oceania only undertakings
which have received a licence for the purpose from the Government of the
Colony are authorised t o recruit French workers (excluding natives).
(Order of 24 March 1924, section 23.)
I n the Congo, the Ivory Coast. Dahomey, Madagascar, Mayotte and the
Comoro Islands, and Senegal the business of engaging and transporting
emigrants or recruiting workers for a specified period is subject t o
SPECIAL REGULATIONS CONCERNING RECRUITING AGENTS
157
authorisation by the Governor of the colony. The authorisation may be
withdrawn at any time, either in general or for a specified country. I t may
be withdrawn, not only in cases of serious abuse, but also whenever the
economic or politicial situation of the colony appears to demand the cessation
of recruiting operations. (Congo : Decree of 2 July 1901 ; Ivory Coast :
Decree of 25 October 1901 ; Dahomey : Decree of 14 October 1902, section 2 ;
Madagascar : Decree of 6 May 1903; Mayotte and the Comoro Islands :
Decree of 1 February 1902 ; Senegal : Decree of 17 June 1895.)
I n French Somaliland companies and agencies recruiting workers for
service outside the colony may be authorised to carry out this work only
on temporary and exceptional grounds. (Order of 6 September 1920,
section 5.)
I n Martinique and Guadeloupe emigration business is governed by the
French Act of 18 July 1860 and the Decrees for its administration. Authorisations for emigration agents (recruiting and transport) are granted by the
Governor. A deposit is required. (Decree of 13 October 1907 extending
French emigration legislation to Guadeloupe; Decree of 15 March 1927
extending French emigration legislation to Martinique.)
GERMANY.—The Federal Ordinance of 14 February 1924 requires
any person or association intending to engage in any kind of recruiting for
abroad, whether by propaganda, the press, the distribution of prospectuses,
or oral inducements in favour of a foreign undertaking, or by treating with
persons wishing to emigrate, to notify the State authorities concerned. The
latter must then take the necessary measures to supervise the activity of
these persons and associations (sections 3 and 4).
G R E A T BRITAIN.—There are no recruiting agents properly so called.
Transport undertakings engage in this work to some extent. The regulations relating to them will be referred to in Chapter VII.
Colonies.—The British colonies mentioned below require every employer
or agent desiring to recruit natives for labour outside the colony to obtain
a licence or permit or to register in the prescribed manner.
Barbados : Ordinance relating to foreign labour contracts No. 106,
section 3. Bechuanaland : Native Labour Proclamation, No. 45, 1907,
section 3. British Guiana : Emigration Regulation Ordinance, 1912,
section 3. British Honduras : Labour Law, 1914, chapter 123. British
Somaliland : Native Labour Regulations, 1901, Regulation 10. Ceylon :
Emigration Ordinance, 1917, section 3. Gambia : Native Labour (Foreign
Service) Ordinance, 1913. Gilbert and Ellice Islands : Labour Regulation,
1915. Gold Coast : Regulation of Employment Ordinance, 1921, section 13.
Hongkong : Asiatic Emigration Ordinance, 1915, section 33. Jamaica :
Emigrants Protection Law, 1924, section 8. Leeward Islands : Recruiting
of Emigrants Act, 1921, section 5. Mauritius : Emigration Ordinance,
1925, sections 4 and 5. Nigeria : Native Labour (Foreign Service) Ordinance, 1916, section 6. Seychelles : Foreign Employment Ordinance, 1909.
Sierra Leone : Native Labour (Foreign Service) Ordinance, 1924, section 5.
Solomon Islands : Labour Regulation, 1921. Trinidad and Tobago : Foreign
Labour Contracts Ordinance, 1900. Uganda : Masters and Servants Ordinance, Chapter 55 of Revised Laws of Uganda, 1923, section 31.
Windward
Islands : Grenada, Emigration Regulation Ordinance, 1899, section 3 ;
St. Lucia, Emigration Agents Ordinance, 1915; St. Vincent, Emigrants
Protection Ordinance, 1924, section 6.
The laws of Gambia, Gold Coast, Nigeria, and Sierra Leone provide that
no permit shall be granted to any person who has not obtained a letter of
recommendation from the Governor of the colony, protectorate, country,
or territory in which labourers are to work, and that he is a fit and proper
person to engage such labourers. The particulars of every permit granted
must be published in the Government Gazette.
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RECRUITING AND PLACING IN EMPLOYMENT ABROAD
The Ordinances of St. Lucia and St. Vincent require that before the agent
can be authorised to recruit natives, he must produce evidence that he is
duly authorised by some person or body of persons to bind him or them by
a contract of service.
The Emigration Ordinance (1925) of Mauritius stipulates t h a t whoever
desires to engage or assist any person to emigrate for the purpose of skilled
work must state in his application to the Governor the number of persons
whom he proposes to engage or assist, the place to which they are to proceed,
the provisions made for the health and well-being of the emigrants and for
their repatriation at the end of their contracts, the security offered, etc.
Employers in Bechuanaland and British Somaliland are required to give
similar details when applying for a permit.
I n the Leeward Islands every licence must specify the number of labourers
who may be recruited, the name of the place to which they will be taken,
and the name and address of their employer.
I n Seychelles also the licence must specify the place or places for which
servants may be procured.
In Ceylon any employer who wishes to send one or more native emigrants
or emigrants of Indian origin on board a ship must apply for a permit stating
the names of the persons to be shipped, the work for which they are engaged,
the duration of their employment, and the port where they are to be landed.
(Emigration Ordinance 1917, section 5.)
The licences, permits, or registration may be valid only for short periods,
e.g. Gambia, the Gold Coast, Nigeria and Sierra Leone, three months ; Leeward
Islands, six months. In Jamaica and the Windward Islands of St. Lucia
and St. Vincent registration must be renewed every twelve months, and in
Seychelles a licence continues in force only for one year. I n Bechuanaland
and Hongkong licences expire on 31 December of the year in which they
are granted. The Resident Commissioner or Governor of the colony may
have power to suspend or revoke the licence or registration, as in Bechuanaland, Jamaica, St. Lucia, St. Vincent, and Seychelles.
Although the Labour Ordinance of the Straits Settlements requires no
licence or permit, it states t h a t any person who by force, intoxication, or
ill-treatment induces any person to enter into a contract of service will be
liable to a fine not exceeding $1,000 S or to imprisonment for two years,
or both.
GUATEMALA.—The Decree of 20 July 1923 requires an employer who
wishes to recruit workers for employment abroad to apply for previous
authorisation to the Ministry of Agriculture. He must state the number
of workers he proposes to engage, the commune or department where he
wishes to recruit them, the nature of the work offered, the period of the
contract and its various conditions. The authorisation is not granted
until the Government has approved the conditions stipulated in the contract
of engagement and ascertained that the rights and health of the worker
and the maintenance of his family will be properly secured.
HAITI.—There are two sorts of licence, according as the recruiter is a
foreign employer or his representative, or else an agent domiciled in Haiti.
Any foreign employer (individual, undertaking, or company) who wishes
to recruit workers in Haiti, whether personally or through a representative,
must first apply to the Ministry of the Interior for a special licence. If
he proposes to act through a representative, the latter cannot receive the
licence unless he holds proper powers countersigned by the Haitian consul.
A fee must be paid when the licence is issued and a security deposited.
A licence is not granted to foreign persons, undertakings, or companies
unless they accept, either personally or through their representative, the
1
One Straits Settlements dollar = approximately 2s. id. (28 Jan. 1928).
SPECIAL REGULATIONS CONCERNING RECRUITING AGENTS
159
following obligations. They must pay the cost of the passport, journey,
and registration, including any landing costs incurred by emigrants. They
must ensure that emigrants are given proper treatment, healthy dwellings,
good and sufficient food, all the medical and other attendance they may
require in case of sickness or accident, whatever the cause; they must
immediately inform the nearest Haitian consul of any serious accident or
illness of a Haitian emigrant. The wages they pay must not fall below
the rates current in the place of employment for similar work. They must
ensure the free repatriation of emigrants at the end of the term of engagement
and comply with any other measure considered necessary by the Government
for the protection of emigrants.
A person domiciled in Haiti who wishes to act as an emigrant agent and
engage workers for abroad must also apply to the Ministry of the Interior
for a licence, but in this case a smaller fee is demanded.
Neither licence may be transferred. I t is valid for the current financial
year and may be withdrawn a t any time in cases of violation of the law.
Recruiting without a licence is subject to heavy penalties. (Emigration
Act, 28 February 1924, sections 1-3 and 7-9.)
INDIA.—Indian law distinguishes between the recruiting of workers
engaged for unskilled work and recruiting of skilled workers.
The Government of a country to which emigration for the purposes of
unskilled work is lawful must appoint an Emigration Commissioner in India
to recruit workers in its name, and his nomination must be approved by
the Governor-General.
The Emigration Commissioner is responsible for all the recruiting transactions made in the name of his Government, and for this purpose appoints
emigration agents and inspectors under the conditions specified below.
The Governor-General may not authorise the recruiting of unskilled
workers until he has ascertained t h a t the remuneration of the Emigration
Commissioner does not depend on the number of workers whom he assists
to emigrate but consists of a fixed salary. The Emigration Commissioner
is responsible for the information given on the country by which he is
appointed and for all the arrangements made for the emigration of the
workers recruited by his staff.
Any person who desires to engage or to assist any person to emigrate
for the purpose of skilled work must apply for the permission of the Local
Government having jurisdiction at the port from which the emigrant is
to depart. After making such enquiry, the Local Government may grant
the permission applied for on such terms and conditions, if any, and on
payment of such fees, if any, as it thinks fit. Its decision is final. A copy
of the permit must be sent to the Protector of Emigrants a t the port where
the recruiter is to embark the emigrants. The Protector of Emigrants
issues a recruiting certificate after having ascertained t h a t each emigrant
has duly received in writing full explanation of the period of his engagement
and the general conditions in the country of destination.
No persons may be authorised to recruit skilled workers unless they state
in their application the number of persons whom they propose to engage
or assist, the place beyond the limits of India to which each such person
and his dependants are to proceed, the accommodation to be provided for
each such person and his dependants until their departure from India and
during the voyage, the provision made for their health and well-being during
the period of the proposed engagement and for their repatriation at the
end of such period, the terms of the agreement under which such person is
to be engaged, and the security which they propose to furnish for the due
observance of the agreement. (Emigration Act of 5 March 1922, sections 16
and 17, and Rules of 10 March 1923, sections 3, 4, 57-59.)
ITALY.—The Emigration Act of 13 November 1919, section 18, states
t h a t no person may recruit emigrants unless he has obtained from the
160
RECRUITING AND PLACING IN EMPLOYMENT ABROAD
General Emigration Department the licence which is issued to carriers of
emigrants (vettore di emigranti).
Recruiting agents are subject to the
same conditions as ordinary emigration agents (see Chapter VII).
Special licences are issued for recruiting for purposes of settlement (see
below, § 3) or for work in a continental country (see Chapter XII). The
conditions under which permits are granted and renewed are fixed by regulations. The payment of a deposit may be required. The contract signed
by the person or undertaking in whose name the recruiting takes place
must be attached to the original licence (section 35).
JAPAN.—Any person who wishes to act as an emigration agent (Imin
Toriatsukainin) must apply to the Minister of Foreign Affairs for permission,
stating the address of his agency, the capital invested, the duration of his
business if this is limited, the destination of the emigrants, the conditions
a t the place of destination, and the work offered. He must also state the
approximate number of emigrants to be recruited, the methods of recruiting,
and the conditions of the contract, and, in the case of a company, its capital,
the names and status of its representatives in J a p a n and abroad, as a
recruiter may not send emigrants to a country where there is no representative. A deposit is required as a guarantee that the recruiter will fulfil
his obligations.
Any change in the organisation of the business must a t once be notified,
as also the opening of any new branch.
I n cases of recruiting for collective emigration, the list of localities where
it is to take place must be sent to the local government. The authorisation
may be withdrawn in cases of breach of public order or if the security is
not deposited. If the business comes to an end, any obligations contracted
towards recruited emigrants must be carried out.
Agents who recruit emigrants under a contract with another party
(foreign employer, colonisation association, etc.) must notify the terms of
the contract to the Japanese authorities of the place where they propose
to recruit workers and in the country of destination. In no case may they
make a person emigrate who has no intention of doing so.
A permit to recruit emigrants is granted only to a Japanese subject or
a commercial company whose members or shareholders are all Japanese
subjects and whose head office is in Japan.
Persons who are incompetent or quasi-incompetent, persons who have
been deprived of their civil rights or whose civil rights have been suspended,
bankrupts, and persons who have been sentenced to imprisonment may not
be emigration agents.
Regulations concerning private recruiting agents do not apply to recruiting
carried out under special treaties concluded by the Japanese Government.
Emigrants Protection Act, sections V-VIII, X I , X I I , X V I , and X X I X ,
and Administrative Regulations, sections V-VII and XXIV.)
MEXICO.—The Act of 12 March 1926, section 73, provides that regulations issued under the Act will fix the obligations of recruiting agents,
emigration agents, and in general any persons who, whether on their own
account or on that of others, conclude contracts which involve the emigration
of Mexican workers.
NETHERLANDS : East Indies.—In J a v a and Madura no person
may act as an emigration agent, i.e. recruit natives for work abroad or in a
possession outside the East Indies, without permission by the Director of
Justice. Similar permission is needed when the recruiting is done directly
by the employer or by his representative, known as a recruiting agent
(Werfagent), who concludes contracts with the natives in the name of the
employer.
The grant of a permit m a y be made subject to special conditions or may
be refused arbitrarily. Any permit granted may be withdrawn at any
SPECIAL REGULATIONS CONCERNING RECRUITING AGENTS
161
time. Security is required. (Ordinances No. 613 of 14 September 1914;
No. 423 of 22 J u n e 1915 ; No. 693 of 4 December 1915 ; and the Government
Order No. 7409 of 4 December 1915 ; Ordinances No. 56 of 4 February 1925
and No. 535 of 14 July 1920.)
NICARAGUA.—The Act of 7 February 1923 requires any person who
wishes to recruit workers for foreign countries to apply first for permission
to the Minister of the Interior (section 3).
The permit is granted on condition that the written application specifies
the number of workers to be engaged by contract, the place to which they
are to proceed, the nature of the work in which they are t o engage, the
duration of the contract, the wages to be paid, the means of transport to
be used, and the conditions of repatriation on the termination of the contract.
I t must be agreed under the contract that the workers will be given proper
board and lodging and medical attendance in case of need. A copy of the
contract of work must be attached to the application. The deposit of a
sum and a personal reference are demanded. For the term of the engagement
of the workers the person who engaged them must keep a representative
in Nicaragua, with whom the executive authorities may settle any complaints
made by the workers or their families.
PORTUGAL.—The regulations for the administration of the Emigration
Decree (No. 5886 of 19 June 1919) distinguish between three types of commercial emigration agents : transport agents (Chapter VI of the regulations),
travelling and passport agents (Chapter VIII of the regulations) who undertake the preparations for the journey, and emigration agents (Chapter VII
of the regulations) who are recruiting agents properly so called. The
regulations concerning the latter group are examined in this chapter, those
concerning the first two groups in the following chapters. Certain provisions
are, however, common to all three.
Emigration agents, i.e. companies, undertakings, or individuals who
recruit emigrants for foreign countries or colonies, or send them there, must
hold a licence granted by the General Emigration Department after approval
of a copy of the emigration contract and a statement of the number of
emigrants to be recruited, the place to which they are to proceed, the work
for which they are intended, and the guarantees offered.
The licence may be withdrawn if the agent becomes liable to the imposition
of a penalty under the Emigration Decrees, if he promotes secret emigration,
or fails to observe the conditions of the emigration contracts (Decree of
10 May 1919). The Decree of 19 J u n e 1919 adds t h a t reasons of State may
also lead to the limitation or withdrawal of the licence (section 80).
An emigration agent's licence is granted only on the following conditions.
The agent must be of Portuguese nationality, whether by birth or by
naturalisation. He must submit a certificate proving that he has committed
no crime, and that his moral and civil conduct is satisfactory. He must
deposit a security, ensure that emigration laws will be observed, and that
contracts will be concluded only under the terms specified in the regulations.
He must further recognise his responsibility for the observance of the
contracts, the safety and protection of emigrants; he must promise not to
separate husbands from wives, or children from parents without the consent
of the interested persons, and must respect the civil liberty and religious
beliefs of the emigrants. He must not prohibit their use of the Portuguese
language and must give the necessary facilities for the education of their
children. Finally, he may not encourage secret emigration in any way.
(Decree of 10 May 1919, sections 17 and 18, and Administrative Regulations
of 19 June 1919, section 77.)
Colonies.—The general system of recruiting in Portuguese colonies is
defined by the Decree of 14 October 1914 on Native Labour.
No person may recruit native workers for employment by another person,
12
162
RECRUITING AND PLACING IN EMPLOYMENT ABROAD
whether in the territory of the colony or outside, unless he is a recruiting
agent or belongs to the staff of an agency.
Employers who wish to recruit workers for their own service may do so
through a recruiting agent or in person, but must then obtain a recruiting
licence from the competent authority.
The issue of a licence is subject to the submission of extracts from the
criminal record of the applicant and a certificate of good conduct, the deposit
of a security and the payment of a fee. The licence is valid for one year
and may be renewed, ft may be limited t o a certain colony or a certain
region. The following persons may not be authorised to engage in the
recruiting of natives under contract : (1) persons sentenced by the ordinary
courts or the curators for breach of the Native Labour Regulations, for a
period of two years from the date of the sentence ; (2) persons who have been
sentenced by a criminal court; (3) foreigners in the employment of their
Governments; (4) nationals or foreigners not domiciled in the colony;
(5) administrative officials, in the case of recruiting for a private undertaking ;
The application for a permit must state the number of native workers
to be recruited, the place where the work is to be carried out, the nature of
the work, and the duration of the contract (sections 99, 100, 115, and 116).
The general conditions of recruiting are modified by certain agreements
concluded between Portuguese colonies. Thus two modi vivendi, concluded,
one between Angola and the Colony of St. Thomas and Principe on
28 April 1926, and another between Mozambique and St. Thomas and
Principe on 14November 1925, lay down special conditions for the recruiting
of an annual contingent of 5,000 natives from Angola and 3,600 from
Mozambique for St. Thomas and Principe. Under these agreements
recruiting in the two colonies in question may be effected by the general
representative of the Association of Employers of St. Thomas and Principe,
and under the responsibility of t h a t association. The representative need
not hold a recruiting licence, but must have a properly drawn up authorisation to undertake recruiting. The agents working under his direction
must have a licence.
SERB-CROAT-SLOVENE KINGDOM .—The Labour Protection Act
of 28 February 1922 provides in section 103 t h a t national workers may not
be recruited for foreign countries without an authorisation from the Ministry
of Social Affairs, which decides under what conditions workers may be
engaged, whether individually or collectively, for foreign employers.
In this way, the General Immigration Society representing French
employers obtained on 23 January 1925 authority to engage agricultural
workers under the supervision of the Zagreb Immigration Commission.
Applications approved by the French Ministry of Agriculture are transmitted
to the Immigration Society at Zagreb, which notifies the employment
exchange of t h a t town and engages the workers, who present themselves
under the supervision of the Yugoslav Emigration Commission.
SWEDEN.—The Ordinance of 4 June 1884 requires persons who wish
to act as emigration agents to obtain a permit. I n point of fact, however,
this Ordinance deals chiefly with emigrant transport (see Chapters VII
and IX).
SWITZERLAND.—The Federal Constitution provides t h a t " t h e
operations of emigration agencies not set up by the State shall be subject
to Federal supervision and legislation". I n consequence the Federal Act
of 22 March 1888, the Regulations of 10 July 1888 and various Orders
have regulated the work of private emigration agencies, which must obtain
a licence. As these agencies engage more in the transport of emigrants
than in their recruitment, the conditions for the issue of the licence are
examined in Chapter VII.
The Circular of the Federal Council to the Cantonal Governments of 17 May
SPECIAL REGULATIONS CONCERNING RECRUITING AGENTS
163
1918 deals particularly with the regulation of the engagement of workers.
I t provides that all such engagements for foreign countries must be supervised, and instructs the Federal Emigration Office to provide for this with
a view to remedying any abuses. For this purpose it invites the Office
to establish relations with the Cantonal Governments, which must in turn
inform the Emigration Office of cases of recruiting and also take appropriate
steps to prevent artificially induced emigration.
U N I O N O F S O U T H AFRICA.—The Native Labour Regulation Act
No. 15 of 1911 stipulates that every employer wishing to recruit natives for
employment outside the Union must be the holder of an employer's recruiting
licence (section 5). Such licence, which is valid only for a specified region,
is not required of a person who employs less than twenty natives at any
one time (sections 5 and 8). Persons exercising the calling of a labour
agent or runner must also be licensed (section 4). The holder of an
employer's recruiting licence or a licensed labour agent may employ runners
by obtaining a permit in respect of each runner from the magistrate
(section 9). The Governor-General may prohibit the recruiting of natives
for employment outside the Union (section 25).
U N I T E D S T A T E S : Philippine Islands.—All persons or corporations
recruiting Filipino labourers for work outside the Islands must be licensed
annually by the Government. The licence must show the name of the
province or provinces for which it is valid. (Act No. 2486, enacted
5 February 1915, as amended by Act No. 3148, section 3.)
P o r t o Rico.—Any person or company acting as a n emigration agent
for recruiting workers in Porto Rico must give the Commission of Agriculture
and Labour all information concerning such emigration and take all measures
for securing the observance of the Emigration Act. (Act of 29 May 1919,
section 4.)
(c)
FEES
AND
SECURITY
W h e n a p e r s o n or c o m p a n y is g r a n t e d a p e r m i t t o r e c r u i t
n a t i o n a l w o r k e r s for e m p l o y m e n t a b r o a d i t often h a p p e n s t h a t
a g e n e r a l fee m u s t b e p a i d w h e n t h e g r a n t is m a d e .
Sometimes
a fee p e r e m i g r a n t r e c r u i t e d is r e q u i r e d i n s t e a d or i n a d d i t i o n .
A s a r u l e t h e s e fees a r e u s e d t o m e e t t h e a d m i n i s t r a t i v e e x p e n s e s
of t h e e m i g r a t i o n services.
I n order t o be sure t h a t t h e obligations assumed in t h e contract
of w o r k will b e p r o p e r l y c a r r i e d o u t , t h e r e c r u i t i n g a g e n t or
e m p l o y e r is u s u a l l y r e q u i r e d t o d e p o s i t a s e c u r i t y i n a f o r m
a c c e p t e d b y t h e c o m p e t e n t a u t h o r i t i e s , or t o give a reference
t o a s o l v e n t b a n k in t h e c o u n t r y w h i c h will a g r e e t o g u a r a n t e e
t h e r e c r u i t i n g t r a n s a c t i o n s u n d e r t a k e n b y a foreign e m p l o y e r .
T h i s s e c u r i t y is also i n t e n d e d t o m e e t a n y e x p e n s e s i n c u r r e d b y
t h e G o v e r n m e n t a s a r e s u l t of t h e e m i g r a t i o n of r e c r u i t e d w o r k e r s
( r e p a t r i a t i o n e x p e n s e s , a s s i s t a n c e in case of sickness, e t c . ) .
BELGIAN MANDATED TERRITORY : Ruanda-Urundi.—The
employer must give a security when the contract of work is approved and
164
RECRUITING AND PLACING IN EMPLOYMENT ABROAD
the leaving permit issued to the worker engaged. The nature of this security
is specified in each case by the Governor. I t is intended for the payment
of any costs incurred by Ruanda-Urundi on the maintenance of natives,
their medical treatment outside the territory and their repatriation, and for
the maintenance of persons within the territory whom the worker is under
obligation to support and who may become necessitous during his absence.
The remainder of the security guarantees the payment of the sums due for
any reason from the employer to the worker.
Unless regular objection is raised by a third party, the security, after
deducting the sums for which it is a guarantee, is refunded on the return
of the native or on his death, and in any case five years after his departure.
The employer must also pay a fee per person engaged, which is fixed
on each occasion by the Governor and may not exceed 300 francs l per worker
per term. The sums obtained from these fees are paid into a special fund
used to support philanthropic activities for the benefit of natives of the
territory. A total or partial exemption from the payment of these fees may
be allowed to employers who spend on the creation or maintenance of similar
philanthropic activities in the territory a sum a t least equal to the fees they
would have been liable to pay. (Decree of 19 July 1926, sections 8, 9,
and 12.)
BRITISH MANDATED TERRITORY : Tanganyika.—Any person
applying for a permit to recruit any native to be employed as a servant
may be required to sign a bond for the fulfilment of the regulations concerning
the employment of labour (Native Labour Ordinance, 1923, section 25 (2)).
Moreover, when an employer resides out of the territory, he is required to
give security by a bond for the due performance of the terms of the contract
(section 8).
FRENCH MANDATED TERRITORY : Togoland.—A permit to
undertake the engagement and transport of emigrants is granted on condition
of depositing a security, the amount and conditions of which are fixed for
each particular case. I n addition, commercial, agricultural, and industrial
undertakings and emigration or recruiting companies and agencies which
are authorised to engage emigrants must pay a special duty for each native.
(Decree of 1 March 1927, sections 5 and 8.)
CHINA.—An agent to whom a licence is issued must pay the sum of
10,000 dollars 2 as "security for the licence". In addition he must pay a
"security for the undertaking" of a t least 5,000 dollars for each particular
authorisation to recruit a contingent. These sums may be increased
by the Emigration Bureau if the number of workers recruited is over 2,500.
(Regulations concerning Recruiting Agencies, 1918, section 8.)
COSTA RICA.—The recruiting agent must deposit
Treasury the sum of 100 colons 3 per worker recruited as
the persons concerned will be compensated in the event
contract. In addition, he must provide security for the
of transported workers to their original domicile on the
the contract. (Act of 28 October 1922.)
with the Public
a guarantee that
of breach of the
free repatriation
date specified in
FRANCE.—The payment of a deposit fixed by decree is necessary for
obtaining an authorisation for recruitment and transport. (Decree of
9 March 1861, section 2.)
In the French colonies security is generally required, the amount and
1
One Belgian franc = approximately l*4d.
One Chinese dollar = approximately 2s.
3 One colon = approximately 1.05s.
2
SPECIAL, REGULATIONS CONCERNING RECRUITING AGENTS
165
conditions being fixed in each particular case by the Governor of the colony.
Sometimes a minimum amount is prescribed by decree of the central authorities. In Martinique the security may not be less than 1,500 francs 1 per
emigrant. (French Congo : Decree of 2 July 1901, section 2 ; Ivory Coast :
Decree of 25 October 1901, section 2; Dahomey : Decree of 13 October 1902,
section 2 ; French Somaliland : Order of 6 September 1920, sections 5 and 8 ;
Martinique : Decree of 15 March 1927 ; Madagascar : Emigration Decree
of 6 May 1903, section 4; Mayotte and the Comoro Islands : Decree of 1 February 1902; Senegal : Decree of 17 June 1893.)
I n Madagascar, however, companies or agencies which act in the name
and under the guarantee of the administration of a French colony may be
exempt from the security. (Decree cited, section 4.)
I n Indo-China, an Order of the Governor-General dated 1 October 1926
introduced a so-called emigration t a x on industrial and agricultural labour,
to be paid by the employer and mentioned in the contract of engagement.
This t a x is fixed at 20 dollars per coolie engaged for a foreign country and
10 dollars per coolie engaged for a French colony.
GREAT BRITAIN : Colonies.—The laws of a number of British
colonies require that security must be given by an employer or agent
intending to recruit labourers for work outside the colony as a guarantee
to observe the laws concerning such recruiting.
Barbados : Ordinance relating to Foreign Labour Contracts, section 5,
s t i p u l a t e s a b o n d a m o u n t i n g t o £ 5 0 0 ; Bechuanaland
: Native
Labour
Proclamation, No. 45 of 1907, requires deposit or security of £100; British
Honduras : Labour Law, 1914, stipulates a bond of 2,000 dollars 2 ; British
Somaliland : Native Labour Regulations, 1901, Regulation 12; Fiji :
Emigration Ordinance, 1892, section 7; Gambia : Native Labour (Foreign
Service) Ordinance, 1913, section 5) ; Gold Coast : Regulation of Employment
Ordinance, 1921, sections 13-17; Hongkong : Asiatic Emigration Ordinance,
1915, provides for a bond of 5,000 dollars 3 ; Jamaica : Emigrants Protection
Law, 1924, section 8, stipulates a bond of £500; Leeward Islands : Recruiting
of Emigrants Act, 1921, section 8 ; Nigeria : Native Labour (Foreign Service)
Ordinance, 1916, sections 6-9 ; Sierra Leone : Native Labour (Foreign Service)
Ordinance, 1924, sections 5-9; St. Helena : Emigrants Protection Ordinance,
1906, section 7; Straits Settlements, 1926, section 200; Trinidad and Tobago :
Foreign Labour Contracts Ordinance, 1900, section 5, stipulates a bond
of £500; Uganda : Masters and Servants Ordinance, Chapter 55 of the Revised
Laws of Uganda, 1923 ; Windward Islands : St. Lucia, Emigrants Protection
Ordinance, 1916, section 6; St. Vincent, Emigrants Protection Ordinance,
1924, section 6.
According to the Emigration Ordinance, 1925, of Mauritius, a person
desiring to engage or assist any person to emigrate for the purpose of skilled
work must state in his application for a licence the security in the colony
which he proposes for the due observance of each agreement and for the
proper treatment of the person to be engaged and his dependants (section 4).
HAITI,—On the issue of a licence an emigration agent established in
Haiti must pay a fee of 500 gourdes 4. Persons or companies not established
in Haiti who recruit workers there through their representatives must pay
a fee of 25,000 gourdes.
In addition, foreign employers (individuals or companies) who recruit
in these conditions or through representatives must give as a reference a
bank established in Haiti which will guarantee the sum of 75 gourdes for
1
2
3
4
One
One
One
One
French franc — approximately 2d.
British Honduras dollar = approximately 4s. 2d.
Hongkong dollar = approximately Is. 6d. (28 J a n . 1928).
gourde — approximately lOd.
166
RECRUITING AND PLACING IN EMPLOYMENT ABROAD
each worker to be engaged, or else they must deposit with the Public Treasury
a similar sum in cash. The securities are cancelled or refunded on the
return of the emigrant to Haiti, or on the receipt of legal proof of his death,
after the employer has submitted satisfactory proof of the fulfilment of his
obligations.
(Act of 28 February 1924, sections 2, 5, and 8.)
INDIA.—The authorisation to recruit skilled workers requires the
provision of security for the due observance of the contract and for the
proper treatment of the person engaged and his dependants. On the expiry
of the period to which the contract relates and on being satisfied t h a t no
ground exists for forfeiting the security in whole or in part, the Local Government may order the return of the security or any part thereof to the person
by whom it "vas furnished or to his representative. (Act of 5 March 1922,
sections 16 a i d 19.)
ITALY.—-The grant of a licence for the recruiting of emigrants for work
overseas or in Europe is conditional on the payment of a fee of 20 lire l
which is paid into the Emigration Fund.
I n the case of recruiting for European countries, the agent must pay into
the Emigration Fund a fee of 5 lire per worker recruited, or a corresponding
security. Contraventions are punished by a fine of 50 to 1,000 lire per
worker recruited illegally. In the case of the recruiting of minors or women,
the minimum fine is 200 lire per person recruited. (Consolidated Act of
13 November 1919, sections 24 and 35, and Decree of 6 May 1923.)
J A P A N and KOREA.—-In J a p a n and Korea the deposit to be paid
must be fixed by the administrative authorities a t not less t h a n 10,000 yen ».
Part of this deposit may be paid in the form of negotiable securities, and if
their value falls below t h e fixed sum t h e difference m u s t be m a d e u p b y t h e
depositor.
If the undertaking is closed down or its authorisation withdrawn, the
deposit may be retained as long as it is necessary to secure observance of
the agent's obligations towards the emigrants he has recruited. (Japan :
Emigrants Protection Act, 1907, section XVI, and Regulations, section X X X V I ; Korea : Emigrants Protection Act, 1906, section XVI, and
Administrative Regulations, section VII.)
N E T H E R L A N D S : E a s t Indies.—Emigration agents, employers and
their representatives who recruit natives in J a v a and Madura must deposit
a security, fixed in each particular case by the Director of Justice, and pay
into the Public Treasury a fee of two florins 3 for each contract of engagement
concluded. (Ordinances 613 of 14 September 1914, and 693 of 4 December
1915.)
NICARAGUA.—A deposit of 20 córdobas 4 per worker engaged must
be paid into the National Treasury as security for the settlement of justified
complaints of the workers in the event of breach of contract. It is repaid
in accordance with the provisions of the contract of each worker if justified
by the circumstances.
I n addition, the recruiter must give the name of a solvent bank in Nicaragua which will guarantee that the workers taken abroad will be repatriated
free of charge to their place of domicile on the termination of their contracts.
(Act of 7 February 1923.)
i One lira = approximately 2 -7 d.
2
One yen = approximately Is. lOJd.
one florin = approximately Is. Sd.
4
One córdoba = approximately 4s. 2d.
3
SPECIAL REGULATIONS CONCERNING RECRUITING AGENTS
167
PORTUGAL.—Emigration agents deposit a security of 6,000 milreis 1
and must pay an annual duty of 500 milreis. (Decree of 10 May 1919,
section 18.)
Colonies.—By the Decree of 14 October 1914, agents who recruit natives
for work outside the colony must deposit a security of 1,000 escudos 2, pay
a fee of 100 escudos on the issue of their licence, and in addition a fee of
1 escudo for the authorisation of each of their European sub-agents and of
half an escudo for each of their native sub-agents.
Employers recruiting on their own account pay a deposit of 20 escudos and
a fee of 2 escudos (sections 118 and 121).
The same Decree states that farmers in St. Thomas and Principe may
recruit workers in other Portuguese colonies by paying for each contract
of work a fee of 4 escudos for one year, 7 escudos for two years, and 9 escudos
for over two years, but they need not pay the other fees required of recruiters
within one and the same colony; special regulations, however, apply to
recruitment by employers in St. Thomas and Principe in Angola and Mozambique. The agreements concluded by St. Thomas and Principe with these
colonies, on 28 April 1926 and 14 November 1925 respectively, affect both
the licence fees for agents and sub-agents and the recruiting fees per person
engaged. I t should be observed that although in principle the fees fixed
may not be changed during the term of the agreement, they may be altered
if there should be any marked fluctuation in the value of the escudo in
Angola or Mozambique, on which they are calculated, in relation to the
gold escudo of the mother country.
UNION OF S O U T H AFRICA. — Under the terms of the Native
Labour Regulation Act, 1911 (Annex B), a person applying for an
employer's recruiting licence must state particulars as to the security
offered.
UNITED S T A T E S : Philippine Islands.—By Act No. 2486 of
5 February 1915 it is stipulated t h a t every person who directly or indirectly
engages in the Philippine Islands in contracting, enlisting, recruitment, or
shipment of labourers must pay an annual sum of 500 pesos s to the Government. The provision does not apply to persons who contract individuals
for personal service or to make up the crew of a ship.
(d)
REGULATIONS CONCERNING THE S T A F F
OF R E C R U I T I N G AGENCIES
As a r u l e , t h e h e a d of a n u n d e r t a k i n g of t h i s k i n d is r e s p o n s i b l e
for t h e c o m m e r c i a l t r a n s a c t i o n s e n t e r e d i n t o b y his staff.
Certain
e m i g r a t i o n l a w s definitely specify t h a t a r e c r u i t i n g e m p l o y e r
is r e s p o n s i b l e for t h e a c t i o n t a k e n in his n a m e , a n d t h a t he m u s t
o n l y e m p l o y p e r s o n s a u t h o r i s e d for t h e p u r p o s e .
B R I T I S H M A N D A T E D T E R R I T O R Y : Tanganyika.—According to
the Native Labour Ordinance, 1923, section 4 (3), the contract of service
signed by a labour agent is binding on his principal. The labour agent
1
One milreis ^- approximately 2£d.
- One escudo ^ approximately 2£d.
3
One Philippine peso = approximately 2s. Id.
168
RECRUITING AND PLACING IN EMPLOYMENT ABROAD
may not employ any agent until he has received the consent in writing of
the official who issued his permit (section 26).
FRENCH MANDATED TERRITORY : Togoland.—Commercial,
agricultural, and industrial undertakings and recruiting companies or
agencies which are authorised to engage emigrants are responsible for the
actions of their agents, and if the latter become insolvent, must pay any
fines for which they may be liable. (Decree of 1 March 1927, section 10.)
FRANCE.—All agents employed by recruiting companies in France or
abroad must hold authenticated powers. The companies are responsible
for the acts of their agents. (Decree of 9 March 1861, section 4.)
Colonies.—Similar regulations apply in the following colonies with
respect to the recruitment of natives : French Congo : Decree of 2 July 1901 ;
Ivory Coast : Decree of 25 October 1901; Dahomey : Decree of 14 October
1902 ; Mayotte and the Comoro Islands : Decree of 1 February 1902 ; Senegal :
Decree of 17 June 1895.
HAITI.—By a Decree of 24 April 1924 persons, not being emigration
agents, who are employed by an emigration company or its representatives
for the recruitment of Haitian workers must be of Haitian nationality and
hold a mandate drawn up by a notary and approved and registered by the
Secretariat of State for the Interior (section 4).
INDIA.—If the Local Government so requires, the Emigration Commissioner for a country which may lawfully recruit in India must divide the
district in which he proposes to carry on his operations into specified areas
in agreement with the Local Government. He must appoint an emigration
inspector for each district to supervise the recruiting operations of the
agents he chooses in whatever number he thinks fit. Such agents must be
of good reputation and, if possible, have worked in the region where they
are employed.
The appointment of emigration inspectors and their agents by the Emigration Commissioner must be approved by the Protector of Emigrants and
countersigned by the magistrate of the district where they are to work.
The latter may refuse his visa, but in this case he must state his reasons
in writing. If he grants it, he retains the right a t any time to withdraw it
after enquiry if the agent in question is guilty of any offence. Emigration
agents may not carry on their business elsewhere than in the district for
which they hold a licence from the Emigration Commissioner. The number
of persons whom the agent may assist to emigrate is fixed in his licence.
The Emigration Commissioner must, supervise the work of all persons
employed for recruiting operations, and he is responsible for their acts.
(Rules of 10 March 1923, sections 3 and 6-13.)
JAPAN.—If an emigration agent wishes to appoint an agent to conduct
his business he must apply to the Minister of Foreign Affairs for a permit,
stating the powers to be given to the agent and his antecedents.
The local Government must approve the appointment of subordinate
staff in the offices or branches of the business. Such approval is personal,
and any change owing to dismissal, death, etc.. must be notified, and the
licence of an authorised agent or employee must be returned to the administrative authorities after he has left the undertaking. The authorisation
may be withdrawn a t any time in cases of breach of the regulations.
Where collective recruiting is carried on the recruiter himself or one of
his responsible agents must always be on the spot. The local governor of
the port of embarkation may require the recruiter to appoint an agent for
the port. (Emigrants Protection Act, section X , and Administrative
Regulations, sections XI-XIV and XXII.)
SPECIAL REGULATIONS CONCERNING RECRUITING AGENTS
169
Korea.—For the appointment of a sub-agent (dairi-nin) emigration
agents must obtain a permit from the Minister of the Interior, and in their
application must give all the information required on the person to be
appointed. (Emigrants Protection Act, 1906-1908, section IV, and Administrative Regulations, section V.)
N E T H E R L A N D S : E a s t Indies.—In Java and Madura, Ordinance
No. 613 of 14 September 1914 empowers emigration or recruiting agents
who recruit natives for foreign countries or other Dutch colonies to appoint
authorised representatives to take their place in their absence or if they
are otherwise prevented from carrying on their work (section 1).
P O R T U G A L : Colonies.—-The Portuguese Government, in agreement
with the Central Emigration Council in the Ministry for the Colonies may
set up recruiting agencies in any Portuguese colony.
Emigration agents may also be authorised to recruit workers of one colony
for another. They may employ European or native sub-agents as assistants,
provided t h a t they obtain an authorisation for this purpose and pay a fee.
European or other non-native sub-agents are appointed by the CuratorGeneral or the officials of the Curatoriat on the proposal of the employer
or the recruiting agent, who must at the same time state that the person in
question is of good reputation. False declarations are punished. Native
sub-agents are appointed by the employer or recruiting agent, who must
furnish them with a document proving their appointment and must notify
the local administrative authorities and pay the specified duty.
The licences are personal. The recruiter may not substitute one person
for another for the performance of this work, on pain of a fine or imprisonment. Native sub-agents may be employed only by agents who are of
Portuguese nationality.
The agents of emigration companies formed by employers in one colony
for recruitment in another are appointed by the Agent-General of the colony
of immigration, and must be approved by the Governor-General of the
colony of recruitment before they enter on their activities. These agents
are subject to the general provisions relating t o recruiting agents. (Decree
of 14 October 1914, sections 113, 121, 122, 129, and 133.)
In Angola and Mozambique special provisions relate to the agents appointed
by the Association of Employers of St. Thomas and Principe under the
agreements already cited.
U N I O N OF S O U T H AFRICA.—The Native Labour Regulation Act,
No. 15 of 1911, provides t h a t the holder of an employer's licence under the
Act shall be responsible for every act done or representation made in the
scope of his employment by any runner employed by him (section 10).
(e)
REMUNERATION OF THE RECRUITING
AND
AGENTS
SUB-AGENTS
O c c a s i o n a l l y i t is p r o v i d e d t h a t r e c r u i t i n g a g e n t s m u s t b e
r e m u n e r a t e d in t h e f o r m of a fixed s a l a r y , w h i c h does n o t v a r y
i n a c c o r d a n c e w i t h t h e n u m b e r of e m i g r a n t s r e c r u i t e d , a s a
m e a n s of p r e v e n t i n g d e t r i m e n t a l p r o p a g a n d a i n f a v o u r of
emigration. Certain laws also t r y t o protect t h e emigrant against
e x p l o i t a t i o n b y t h e a g e n t t o w h o m he a p p l i e s for e m p l o y m e n t
a b r o a d , b y p r o h i b i t i n g s u c h a g e n t s from c h a r g i n g a fee or b y
fixing a m a x i m u m for t h e fee.
170
RECRUITING AND PLACING IN EMPLOYMENT ABROAD
F R A N C E : Colonies.—In French Somaliland, Order No. 320 of
6 September 1920 allows agents who recruit natives t o charge a fee, but
fixes a maximum of 10 francs * per native recruited (Section 14).
INDIA.—The Emigration Commissioner of a Government which recruits
emigrants in India, the emigration inspectors he appoints in each district,
and his agents must be paid in the form of a fixed salary and not in proportion to the number of emigrants recruited or assisted. (Rules under the
Emigration Act, 10 March 1923, sections 3, 6 and 7.)
J A P A N . — A recruiting agent may, in no circumstances, receive from
emigrants other money t h a n the fee payable by them. The amount of this
fee must first be approved by the Japanese administrative authorities and
must be stated in the emigration contract. (Emigrants Protection Act,
section XIV.)
Korea.—The regulations are the same. (Emigrants Protection Act,
section VII.)
(f)
CONTROL OF THE PROPAGANDA AND ACTIVITIES
OF RECRUITING A G E N T S
T h e d u t y of s u p e r v i s i n g t h e a c t i v i t i e s of a u t h o r i s e d r e c r u i t i n g
a g e n t s a n d t h e i r e m p l o y e e s is s o m e t i m e s e n t r u s t e d t o specified
officials. T h e a g e n t s m a y b e allowed t o e n g a g e o n l y i n c e r t a i n
o p e r a t i o n s , a n d often t h e y a r e p r o h i b i t e d f r o m e n g a g i n g i n
p r o p a g a n d a i n f a v o u r of e m i g r a t i o n or f r o m u s i n g force t o o b t a i n
r e c r u i t s . As a r u l e t h e i r p u b l i c i t y w o r k is closely s u p e r v i s e d .
I n t h e case of u n e d u c a t e d e m i g r a n t s ( c e r t a i n n a t i v e s of A s i a
a n d Africa), t h e officials r e s p o n s i b l e for s u p e r v i s i n g of r e c r u i t i n g
a r e s o m e t i m e s r e q u i r e d t o a s c e r t a i n , before t h e r e c r u i t e d w o r k e r
leaves, t h a t he consents a n d has properly understood t h e t e r m s
of h i s c o n t r a c t .
CHINA.—The work of recruiting agents is subject to supervision by
the local authorities for the districts where they carry on their business.
These authorities must submit to the Emigration Bureau, through the
ordinary channels, reports on the work of recruiting agents.
A recruiting agent who uses dishonest methods or misleading promises
as a means of influencing the emigrants he engages is liable t o imprisonment,
and his licence is withdrawn and his security forfeited. (Labour Emigration Act of 21 April 1918, section 15, and Regulations of the same date,
section 15.)
CZECHOSLOVAKIA.—The Emigration Act of 15 February 1922
imposes the penalty of imprisonment on any person who induces another
t o emigrate by making use of deceitful representations t o produce a wrong
impression upon him or by wilfully encouraging him in his wrong impressions. Any person who acts as above by way of trade is liable t o imprisonment for not less t h a n six months and not more than five vears.
1
One French franc = approximately 2d.
SPECIAL REGULATIONS CONCERNING RECRUITING AGENTS
171
The publication of works and prospectuses as an inducement to emigrate
is prohibited, as is also the distribution of literature of this type (section 33).
FRANCE : Tunis.—According to the Tunisian Penal Code (section 295),
any person who induces a Tunisian subject to emigrate by the statement
of untruths or by false information is liable to five years' imprisonment
and a fine of 3,000 francs.
GERMANY.—The Act of 9 J u n e 1897 provided for official supervision
of the activities of employers and emigration agents and, in particular, for
the checking of their books, their statistics, etc., and the forms of their
contracts (section 21).
The recent Ordinance of 14 February 1924 requires the authorities in
the various States (Länder) where companies engage in emigration business,
to make sure t h a t these companies in no way injure the general interests
of the country or exploit those who wish to emigrate. For this purpose
the State Governments must, among other things, send representatives to
all the meetings of the companies in question, and examine their lists,
publications and accounts (section 3). The distribution of prospectuses
concerning emigration prospects may be prohibited by the State concerned.
HUNGARY.—The Emigration Act of 1909 prohibits in a general way
all propaganda for emigration, whether by word of mouth, in writing, or
by pictures, and punishes it by severe penalties (section 37).
INDIA.—In the case of recruiting for unskilled work the Emigration
Commissioner is responsible for the reliability of the information given
concerning the country for which he is authorised to recruit, and for the
measures taken to assist the emigrant in that country and provide for his
safety. The notices on conditions of work which he distributes, or has
distributed by his agents, must first be approved by the Governor-General
(see § 2), and the Government makes sure that an emigrant recruited for
unskilled work has fully understood the information contained in such
notices.
For this purpose, prior to despatch to the port of embarkation, every
intending emigrant must be produced before the district magistrate, who
examines him, without witnesses, regarding the reasons for desiring to
emigrate and his knowledge of the conditions attaching to his emigration.
Emigrants recruited at the port of embarkation are examined in the same
way by the official appointed for the purpose. The competent official then
records on the nominal roll whether the worker in question may emigrate
or not. In doubtful eases an enquiry is made.
Another examination, before the Protector of Emigrants, takes place
just before departure (see Chapter VIII, § 4), and if it is found t h a t the
emigrant appears not to have understood the conditions on which he is
proceeding, and on such conditions being adequately explained to him, is
unwilling to embark, permission to embark is refused and the emigrant is
returned to his home a t the expense of the Emigration Commissioner.
The work of recruiting agents authorised to recruit skilled workers is
subject to supervision by the Protector of Emigrants, who must ascertain
that each emigrant has received in writing full information on the duration
of his engagement and general conditions in the country of destination.
Before the recruited worker leaves, the authorised agent or his representative must appear, together with the worker and the members of his family,
before the Protector of Emigrants a t the port of embarkation, who ascertains
that the engagement has been made lawfully and, in particular, t h a t the
terms of the contract are in accordance with the terms of the permission
granted to the agent. All the particulars of the engagement are registered
by him in a special record. (Rules of 10 March 1923, sections 4, 24, and 26,
and Emigration Act of 5 March 1922, sections 16-18.)
172
RECRUITING AND PLACING IN EMPLOYMENT ABROAD
JAPAN.—Propaganda by recruiting agents is subject to strict regulation.
Advertisements in newspapers or the distribution of printed matter for the
purpose of collecting emigrants must previously be approved by the local
governor of the place where recruiting is t o take place. Further, an agent
is prohibited from preparing the emigration of a person who is not intending
to emigrate, and from recruiting persons against their wish. A recruiting
agent or his representative who uses false information as a means for the
collective recruiting of emigrants or the preparation of their emigration
is liable to imprisonment. (Emigrants Protection Act, sections X I I and
X X I V , and Regulations, sections XX-XXII.)
Korea.—An emigration agent or his employee who brings pressure t o
bear on the emigrants he recruits is liable t o a heavy fine. The same penalty
is imposed on any person who, not being an emigration agent, is guilty of
similar action. (Emigrants Protection Act, section XVI.)
P O L A N D 1 .—According to the Russian Penal Code which is still in force
in Poland, unlawful emigration propaganda is punished by imprisonment
(section 265).
P O R T U G A L . — A n y attempt to encourage emigration publicly in the
form of detrimental propaganda for individual or collective recruiting is
prohibited, even if, in fact, no emigration contracts are concluded in
consequence.
Emigration agents must limit their propaganda to simple publication
of the conditions of the contracts they propose for emigrants and the statement of the guarantees provided for their observance a t the place of
destination. (Decrees of 10 May 1919, section 10, and 19 J u n e 1919,
section 78.)
Colonies.—Certain provisions of the Decree of 14 October 1914 are
intended to prevent natives from being misled by recruiting agents. Any
person who abuses the lack of education and ignorance of a native to induce
him to enter into a contract of service against his will is punished by fine
and imprisonment.
All workers recruited by an agent must appear before the Curator (the
official responsible for the protection of natives) or one of his subordinates
in the curatoriat nearest to the place of recruiting, so t h a t this official may
ascertain that the recruiting contract is in accordance with the law and t h a t
the native has freely consented to its conclusion (section 127).
(g)
PROCEDURE AND PENALTIES
S o m e t i m e s special formalities m u s t b e o b s e r v e d i n c o n n e c t i o n
with a n y proceedings t a k e n against recruiting agents.
Certain
p r o v i s i o n s of t h i s k i n d will b e d i s c u s s e d l a t e r .
I n a g e n e r a l w a y b r e a c h e s of t h e r e g u l a t i o n s c o n c e r n i n g
r e c r u i t i n g r e n d e r t h e offenders liable t o p e n a l t i e s w h i c h a r e
o f t e n v e r y s e v e r e . I n s o m e c o u n t r i e s t h e officials a p p o i n t e d
t o supervise recruiting have competence t o institute proceedings
a n d p u n i s h offences.
i See Supplement I : Decree of 11 Oct. 1927.
EMIGRATION AND LABOUR CONTRACTS
173
COSTA RICA.—Any undertaking which has obtained a permit to
recruit in Costa Rica must appoint an authorised representative to settle,
in agreement with the Costa Rican authorities, all complaints arising out
of the execution of the contracts put forward by recruited workers or their
dependants. (Act of 28 October 1922.)
ITALY.—Disputes arising out of recruitment for work in a European
country are within the competence of the probiviral councils. An appeal
against their decisions may be taken to the Central Emigration Committee.
(Consolidated Emigration Act, 13 November 1919, sections 53-60.)
JAPAN : Korea.—All disputes between emigrants and emigration
agents are settled by the Minister of the Interior. (Emigrants Protection
Act, 1906-1908, section XI.)
PORTUGAL : Colonies.—The Curator and the officials of the curatoriat
are competent to punish contraventions of the regulations concerning native
labour and the recruitment of natives for abroad. (Decree of 14 October
1914, section 234.)
§ 2.—Emigration and Labour Contracts
Most laws require recruiting agents t o conclude a written
agreement with the emigrant. Such agreement must contain
or exclude certain clauses specified by law. I n some countries
the model contract t o be proposed t o the workers by the recruiting
agent must first be submitted t o the Government for approval.
Sometimes, the individual contract with each person engaged
must be countersigned. There are certain special measures
relating t o collective agreements.
As a rule there are considerable differences between the
contracts of engagement of white workers and those of coloured
natives. The former aim at providing equality of treatment
for immigrant and national workers, whereas the latter are
intended t o ensure fair conditions for the person engaged, and
therefore usually contain detailed regulations concerning the
board and lodging of the worker, the medical attendance t o be
provided, a fair distribution of workers in t h e composition of
families, etc.
A large number of recruiting contracts provide for the repatriation of t h e emigrant at the cost of the employer and define its
conditions. These provisions are merely mentioned here, as
the methods of repatriation under the contract are examined
in detail in Chapter X , § 3.
BELGIAN MANDATED TERRITORY : Ruanda -Urundi.—A native
who wishes to emigrate must hold a contract of work approved by the
174
RECRUITING AND PLACING IN EMPLOYMENT ABROAD
authorities, the approval being granted if the contract specifies the conditions
laid down in the Ordinance on contracts for work outside the territory.
These conditions refer, among other things, to the duration of the contract,
the amount and method of payment of wages, the means of transport t o
the place of work and back, board, lodging, clothing, medical attendance
on the journey and at the place of work, repatriation by the employer,
invalidity and funeral allowances, the existence in the country where the
contract is to be carried out of an organisation giving adequate protection
to the rights of the workers engaged, proof by the employer t h a t he has
the necessary means to ensure the performance of all the stipulations of
the contract. In addition, if the place of employment lies more than
25 kilometres from the frontier, approval is granted only if the employer
holds a special permit issued by the Governor of the territory. (Decree
of 19 July 1926, section 7.)
B R I T I S H M A N D A T E D T E R R I T O R Y : T a n g a n y i k a . — B y the
Master and Native Servants Ordinance, 1923, any person who induces a
native to proceed beyond the territory with a view to being employed as
a servant, or in any way assists in the engagement of a native for this purpose,
is liable to a fine or imprisonment or both, unless there is a foreign contract
of service (section 9) ; such a contract is not binding on the native unless it
is in writing and signed by both parties (section 3). I t must bear the certificate or attestation of an administrative officer t h a t it was read to the
native and that he assented to it voluntarily with full understanding of its
meaning (section 4). An administrative officer may not approve any foreign
contract of service without the consent of the Governor (section 5).
The written contract of service must specify :
(a) the nature and duration of the service :
(b) the place or limits within which such service is to be performed;
(c) the remuneration to be paid.
The general form of contract is laid down in the schedule of the Act.
Half-pay and rations are given from the date of recruitment until the date
of departure from Tanganyika and full pay and rations thereafter. The
employer undertakes to provide medical attendance, a given scale of rations
and adequate housing. Servants may be accompanied by their wives,
but women are not allowed to work. The employer has the right to
repatriate a servant whose contract expires, or who is inefficient, or becomes
so through sickness. No administrative officer may, without the consent
of the Governor, approve a foreign contract of service which departs substantially from this form (section 5).
No fine or period of imprisonment undergone by the servant can have
the effect of cancelling the contract of service (section 34). When a servant
is convicted under an ordinance of absenting himself or departing from the
service of his employer, the period of his absence may. on the application
of the employer, and a t the discretion of the court, be added to the term of
service originally stipulated (section 35).
CHINA.—The Emigration Act of 21 April 1918 states (section 8) that all
contracts for Chinese labour except those made by the Government are to
be referred to the Emigration Bureau for its approval. The same provision
applies to contracts concluded under an agreement between the Chinese
Government and the country of immigration concerning the conditions of
Chinese workers' contracts. Such contracts must comply with the regulations on contracts of work of 3 May 1918, and must be drawn up both in
Chinese and in the language of the employer. They must state the period
of the engagement, the length of the working day (maximum ten hours),
the rate of pay, which must not be less than that of the national (European
or American) workers of the same category, the deduction of 20 per cent.
from wages, to be sent to the emigrant's family through the medium of the
EMIGRATION AND LABOUR CONTRACTS
175
Emigration Bureau, and the rate of the family allowances paid by the
employer through the same channel. The employer must defray all the
expenses connected with the emigration of Chinese workers and of any of
their dependants who accompany or rejoin them (passport expenses,
fares, etc.). On the termination of the contract the worker enjoys the right
of repatriation at the cost of his employer, either to his country of origin or
to the place where he was recruited. He retains this right if he prolongs
his engagement or contracts another. In the event of sickness, he must be
attended at the cost of the employer, and if he becomes permanently unable
to work, he must be repatriated at the employer's expense. The contract
must further specify his right to compensation in the event of an accident
connected with his work, and define the other rights of Chinese emigrants.
COLOMBIA.—The Immigration Act No. 114 of 30 December 1922
instructs the port authorities to supervise the recruiting of Colombian
workers for employment abroad, and to ascertain that the persons or undertakings who engage them guarantee, by a written contract and the deposit
of a security, that their conditions with respect to wages, assistance in the
event of sickness or accident, and repatriation, will be suitable (section 16).
C O S T A RICA.—Before obtaining a permit to recruit workers in Costa
Rica, a foreign employer must first submit to the Government the conditions
of engagement, stating, among other things, the nature of the work on
which the emigrants will be engaged, the length of the working day, the
duration of the contract of engagement, the conditions of work (wages,
board, medical attendance, transport, housing and repatriation), and any
other clauses which may be inserted in the contract of engagement. If the
conditions offered seem unsatisfactory to the Secretariat of State, this
authority has the right to refuse a permit. (Emigration Act of 28 October
1922.)
CZECHOSLOVAKIA.—-In cases where recruiting is authorised, any
worker who is engaged must receive a written contract of work in his own
language and in t h a t of the employer before going abroad, stating the nature
of the work for which he has been engaged, the period for which he is guaranteed employment, the normal hours of work, overtime, and holidays,
the normal time rate or piece rate for individual tasks, the overtime pay,
the payments in kind and periods of payment, the regulations concerning
the duties of the employer in case of illness, accident or the worker's death,
the regulations concerning the length of notice, and any conditions under
which the employment may be terminated either by the employer or by
the worker. The contract must also state who shall bear the cost of the
journey to the workplace and the return journey, whether an advance will
be made and, if so, the amount, the place where it will be lodged, and the
date of payment. The contract must further guarantee that neither a
strike nor a lockout is going on in the undertaking. The conditions of
employment and wages must be at least equivalent to those of national
workers in the same trade and of equal skill. A contract of work with a
male worker must contain a provision that he shall be granted a leave of
absence of not more than three days, for the journey to and from the
registration commission or the Czechoslovak representative authorities for
purposes of compulsory military registration, without any deduction from
his wages in excess of the daily rate customary in the locality.
Stipulations in the contract are null and void if by them the worker
renounces his legal remedies in case of a dispute arising out of the contract,
or is required to make a deposit exceeding the amount of his wages for a
month, or is placed in a less favourable situation in respect of the termination
of the employment by one party alone than is provided for in the laws of
the country to which he has emigrated. (Act of 15 February 1922,
sections 11 and 12.)
176
RECRUITING AND PLACING IN EMPLOYMENT ABROAD
F R A N C E : Morocco.—Natives are not allowed to embark unless they
hold a contract of work containing clauses on the nature of the work, the
length of the working day, the duration of the contract, the daily wage,
the compensation due to the worker in the event of dismissal without valid
reason. The contract of work must contain no reservations, such as a
refusal to employ the worker owing to the results of medical examination
a t the place of employment.
For France, a model contract of work for Moroccan workers has been
drawn up by the Foreign Labour Service in the Ministry of Labour, and
no other form of contract is accepted by the authorities of the port of
embarkation. (Circular No. 21 of 15 October 1923.)
According to Circular No. 15 of 7 March 1925, the contract, besides giving
information on the identity of the native, must contain his photograph, the
number of his identity card with the prints of his two index fingers, the
names of his father and mother, his tribe and his Caid. I t must be counter^
signed by the regional authority, and again by the. police authorities of the
port of embarkation. Before the employer makes a change in the model
contract, he must obtain the approval of the Shereefian Government.
No native worker may leave Morocco without holding a contract of work
which complies with the model regulations. Permits for temporary leave
of absence given by French undertakings, contracts of engagement, and other
documents cannot be used by the workers to obtain the right to leave.
The contract of work countersigned by the Foreign Labour Service is
sent direct to the general secretariat of the Protectorate of Morocco. If
the name of the worker is stated, it is sent to him through the local supervisory authorities after visa. Contracts which do not state the name of
the worker are sent to the Economic Office a t Casablanca, where the employment exchange arranges for the recruitment of native workers.
G R E A T B R I T A I N : Colonies.—With hardly an exception the laws
of the British colonies require t h a t every employer or agent who recruits
any labourer for work outside the colony (or in certain cases outside the
British Dominions) shall enter into a written contract with each labourer
so recruited.
Bahama Islands : Foreign Labourers Protection Act, 1904, sections 2
to 5 ; Barbados : Emigration Act, 1904, as amended 1914 and 1916, section 7 ;
Bechuanaland : Native Labour Amendment Proclamation, No. 7 of 1909,
section 1; British Honduras : Labour Law, 1914, section 11; British Somaliland : Native Labour Regulations, 1901, section 13; Ceylon : Emigration
Ordinance, 1917, section 4; Fiji : Emigration Ordinance, 1892, section 7;
Gambia : Native Labour (Foreign Service) Ordinance, 1913; Gilbert and
Ellice Islands : Labour Regulation, 1915; Gold Coast : Regulation of
Employment Ordinance, 1921, section 18; Jamaica : Emigrants Protection
Law, 1924, section 4; Leeward Islands : Recruiting of Emigrants Act, 1921,
section 9; Mauritius : Emigration Ordinance, 1925, section 6; Nigeria :
Native Labour (Foreign Service) Ordinance, 1916, sections 10 and 12;
St. Helena : Emigrants Protection Ordinance, 1906, sections 2 to 5; Sierra
Leone : Native Labour (Foreign Service) Ordinance, 1924, section 10;
Solomon Islands : Labour Regulation, 1921 ; Straits Settlements : Labour
Ordinance, 1926, section 199; Trinidad and Tobago : Foreign Labour
Contracts Ordinance, 1900, section 7; Uganda : Masters and Servants
(Amendment) Ordinance, No. 19 of 1925, section 3 ; Windward Islands :
St. Lucia, Emigrants Protection Ordinance, 1916, section 5; St. Vincent,
Emigrants Protection Ordinance, 1924, section 5 ; Zanzibar : Masters and
Servants Decree, 1925, sections 3 to 5.
It is also specifically stated in the majority of cases that every contract
for the services of a native in a foreign country shall be entered into in the
presence of a duly authorised public official who shall subscribe to such a
contract if he be satisfied that the labourer understands the same and t h a t
he enters into the contract voluntarily. (Exceptions to the above list
EMIGRATION AND LABOUR CONTRACTS
177
are Fiji, Gilbert and Ellice Islands, Jamaica, and the Windward Islands.)
The laws of Barbados (Ordinance relating to Foreign Labour Contracts,
No. 106, section 7) and of Trinidad and Tobago (Foreign Labour Contracts
Ordinance, 1900, section 9) declare it to be the duty of every magistrate to
warn all labourers executing contracts for labour in a foreign country of
the risks which they incur arising from the dangerous nature of the climate
or the severity of the work, and that in proceeding thereto they do so at
their own risk.
The laws of Barbados, Ceylon, Mauritius, St. Helena, Trinidad and Tobago,
and Uganda provide that each contract shall specify the term of service,
the nature of the services to be performed, the place where they are to be
performed, and the wages to be paid.
The laws of the Bahama Islands, Barbados, British Somaliland, Gambia,
Gold Coast, Nigeria, Sierra Leone, the Straits Settlements, and Trinidad and
Tobago also stipulate that the contract must provide t h a t a labourer shall
not be left destitute but shall be repatriated at the expiration or earlier
determination of his contract, at the cost of the employer. (Bahama
Islands : Emigrant Labourers Protection Act, 1909, section 10; Barbados :
Ordinance relating to Foreign Labour Contracts, section 7; British Somaliland : Native Labour Regulations, 1901, section 4c; Gambia : Native
Labour (Foreign Service) Ordinance, 1913, section 10; Gold Coast : Regulation of Employment Ordinance, 1921, section 20; Nigeria ; Native Labour
(Foreign Service) Ordinance, 1916, section 12; Sierra Leone : Native Labour
(Foreign Service) Ordinance, 1924, section 12; Straits Settlements : Labour
Ordinance, 1926, section 200; Trinidad and Tobago : Foreign Labour
Contracts Ordinance, 1900, section 7.
The Emigrants Protection Ordinance, 1906, section 9, of St. Helena
provides that if the Governor is satisfied that the place at which the contract
of foreign service is to be performed is not one in which medical attendance
is regularly available, he may require the employer to insert in the contract
an undertaking to provide medical attendance for the worker.
The Ijabour Law, 1914 (section 15), for British Honduras, stipulates that
no employer may engage a worker for any period longer than three years.
The Solomon Islands Labour Regulation, 1921, section 17, limits the term
to two years. In Uganda a written contract of service is not binding for
more than two years. The laws of Gambia, Gold Coast, Nigeria, and Sierra
Leone limit the duration of a contract to thirteen months.
The Barbados Emigration Act provides t h a t before a contract can be
binding, it must be subject to such formality as may be prescribed, such
as : authentication according to the law of Brazil by the principal Brazilian
consular officer in the island ; the signature of the parties to be attested by
the consul or vice-consul of Salvador; legalisation according to the law of
Peru before a Peruvian consul. (Emigration Act 1904, as amended 1914
and 1916.)
The laws of Gambia, Gold Coast, Nigeria, and Sierra Leone further provide
that when it is proved that any employer or his agent has been guilty of
serious neglect or ill-treatment of any labourer under contract, the Governor
may cancel any contracts into which he may have entered, and every labourer
whose contract has been cancelled must be conveyed to his home district
a t the expense of the Government. (Gambia : Native Labour (Foreign
Service) Ordinance, 1913, section 14; Gold Coast : Regulation of Employment
Ordinance, 1921, section 25; Nigeria : Native Labour (Foreign Service)
Ordinance, 1916, section 16; Sierra Leone : Native Labour (Foreign Service)
Ordinance, 1924, section 16.)
GUATEMALA.—An employer who wishes to recruit workers for
abroad must attach to his application for a permit a statement of the
principal clauses of the contract of work, showing the nature of the work
offered, the duration of the contract, the wages, the length of the working
day, the guaranteed conditions of board and lodging, the climate in the
13
178
RECRUITING AND PLACING IN EMPLOYMENT ABROAD
region where the workers are to be employed. Individual contracts,
concluded with each worker engaged, must be signed before the political
authorities of the department in which the worker is domiciled, and the
latter explain to him before he signs, the obligations he undertakes and their
legal consequences. A copy of the contract is transmitted to the Ministry
of Agriculture, and another to each of the contracting parties. (Decree of
20 July 1923, sections 2, 6, and 10.)
INDIA.—A contract properly so-called is not compulsory, but the
Emigration Commissioner Who organises recruiting for a country which
may engage unskilled workers in India must prepare a statement containing
information relating to the country he represents, which he must have
approved by the Governor-General in Council, to whom he submits it
through the Local Government. The emigration agent must supply a
copy of this statement to every person whom he attempts to induce t o
emigrate to the country in question, and must obtain a receipt from such
person for every copy supplied. The statement must be drawn up in English
and in the vernacular language or languages of the local area in which
the emigration agent operates.
Without prejudice to the generality of its contents, the statement must
contain information relating to the climate of the country, the nature of
the work open to emigrants, the hours of work per day generally prevalent
in the country, and the days of rest generally allowed, the wages generally
offered, and the deductions, if any, made from them, the arrangements
generally available for housing and treatment during sickness, the cost of
living for labourers in the country in question, stating whether rations are
supplied to labourers and if so, whether cooked or uncooked, and whether
free of cost or on payment. The duration of the journey from India to the
country and the nature of the arrangements for the journey must also
be stated, as well as the conditions of repatriation, and t h e facilities available
in regard to education and the observation of religious rites, the prospect
of land being granted for cultivation, the special punishments, if any,
inflicted for labour offences. (Rules of 10 March 1923, section 17.)
The Notifications of 1923 concerning emigration to Ceylon and Malaya
provide that emigrants must not, either before leaving British India or
after arriving in the countey of immigration, have enteied into a c o n t a c t
of service for a period exceeding one month (sections 2 and 3).
ITALY.—According to the Consolidated Emigration Act of 13 November
1919,section 35, the recruiting of emigrants for a continental country must
be covered by a written document. This contract of work must be drawn
up in accordance with the model attached to the original permit issued t o
the recruiting agent, and it must be approved by the General Emigration
Department. I t must contain clauses on the employer's obligation to insure
the workers engaged against industrial accidents, in accordance with
Italian law if the work is performed in a country where insurance is not
compulsory for aliens.
The recruiting fee payable by the employer may in no case be transferred
under the contract to the worker engaged, otherwise the contract becomes
void.
In addition, contracts of work drawn up abroad, or applications from
abroad for Italian workers, must be certified by a diplomatic or consular
agent; such certificate was formerly subject to a fee, which was abolished
by the Decree of 5 April 1923 ».
JAPAN.—An emigration agent must enter into a written contract with
1
See p. 68, note \ for the new Italian regulations concerning the obligation to enter
into a contract of work with the emigrant.
EMIGRATION AND LABOUR CONTRACTS
179
each of the emigrants, whether recruited individually or collectively. The
form of the contract must previously be approved by the administrative
authorities. The contract must state the term of the engagement, the rate
of commission, the manner of defraying the expenses of the outward and
homeward passages, the wages and the manner of payment, the manner of
relieving and sending home emigrants who have fallen sick or are otherwise
in distress. If an agent undertakes collective recruiting, or enters into
an individual contract under the terms of the contract he has himself
concluded with a third party, he must submit a copy of this deed to the
local governor of the place where his head office is situated, and to the
Japanese consul at the place of immigration. (Regulations of 1907, sections XXIII and XXIV.)
In Korea, the forms of emigration contracts are approximately the same.
The Emigrants Protection Act adds that the Government cannot approve
contracts of work concluded with emigrants for countries which prohibit
the admission of emigrants with contracts (section XIII).
MEXICO.—The new Mexican Constitution of 5 February 1917 laid
down certain principles concerning recruiting for abroad. While it allows
the various States the right to legislate on labour questions, it requires
them to respect the following general rule. Any contract concluded between
a Mexican worker, salaried employee, or domestic servant and a foreign
employer must be submitted to the Mexican authorities for visa, as also
to the consul representing the country of destination. Approval is granted
only if the employer guarantees free repatriation (section 123).
In accordance with the above regulation, the Migration Act of 12 March
1926 requires Mexicans who emigrate in accordance with a written undertaking for work abroad, to submit to the officials of the Migration Department
(delegados de migración) a contract complying with the provisions of
section 123 of the Constitution.
In the State of Jalisco, the Decree promulgating the Labour Code
(No. 2308 of 13 August 1923) provides for the application of the section of
the Constitution quoted above by stipulating that any contract for work
abroad must state the security or cash deposit to be given by the foreign
employer as a guarantee for the repatriation of the worker he engages, and
for the payment of the travelling expenses of the worker and his dependants
to the place of work, no subsequent deduction from wages being allowed
for the reimbursement of such expenses. The security or deposit must
not be less than the single fare.
N E T H E R L A N D S : Curaçao.—The Ordinance of 17 July 1883, as
amended 16 March 1920, provides that the recruiting or engagement of
persons established in the Archipelago for employment as workers outside
the colony must be effected by a private deed signed in the presence of
the official appointed by the Governor. The latter may not approve the
contract if the period of the engagement and the rate of wages are not
clearly specified, if free repatriation is not guaranteed to the emigrant a t
the end of the engagement, if minors are engaged without the consent of
their parents or guardians, or if he is convinced that the worker has been
deceived in some way or other.
E a s t Indies.—Natives recruited for work abroad must enter into a
contract with the recruiter in the form established by the Government
Decree of 28 February 1894, No. 5.
The contract must state in addition to the names, addresses, etc., of the
contracting parties, the nature of the work to be done and the place of work,
the wages promised, the length of the working day (not over ten hours),
and of any uninterrupted periods of work, the cases in which overtime may
be demanded, and the rate of pay therefor (time and a-half rates), the rest
days, the deductions which may be made in cases where money has been
180
RECRUITING AND PLACING IN EMPLOYMENT ABROAD
advanced *, and the privileges granted (board, lodging, etc.) if no advance
has been made. The journey of the worker and his family to the place of
work and back must be paid by the employer (see Chapter X , § 3). The
number of days on which the worker is absent from work owing to sickness
of over one month, holidays, or without valid reason may be deducted from
the duration of the contract.
A special contract applies to recruiting for the Straits Settlements and the
Federated Malay States. The working day must not exceed nine hours,
and the conditions of repatriation differ somewhat from the general
conditions. I t is further provided t h a t the expiration of any contract of a
native worker from the Netherlands East Indies must immediately be notified
t o the Netherlands consul at Singapore, whether the worker agrees to enter
into a new engagement or is repatriated to the Indies in accordance with
the prescribed regulations. (Model contract of work imposed by Order
No. 17 of 11 February 1915.)
NICARAGUA.—Persons who desire to recruit workers in Nicaragua
for the purpose of sending them abroad must attach to their application for
permission to do so a model contract for approval by the Government.
{Decree of 7 February 1923.)
POLAND 2 .—According to the instructions of 23 December 1926, a
contract of work must be submitted in cases of emigration to a European
country ; it must give information on the nature of the work for which the
worker is engaged, the wages, the duration of the engagement, and the
conditions concerning medical attendance and housing.
For workers recruited by undertakings in Rumania and the Serb-CroatSlovene Kingdom, the proposed contracts must state the opinion of the
accredited Polish consuls in these countries, with special reference to the
question of wages. The employment exchanges are then bound to submit
the proposed contracts to the Emigration Office for confirmation, adding
their own opinion based on conditions in the home labour market. (Circular 34 of 22 December 1926 to the employment exchanges.)
The recruiting of Polish workers for the Rumanian and Yugoslav textile
industries must be based on a model contract, drawn up by the Emigration
Office. Any changes necessitated by circumstances must be approved in each
case by the Office (Communiqué of the Emigration Office, No. 1, 21 August
1926). This model contract contains provisions on the worker's obligations
with respect to the punctual and correct performance of his work, and the
employer's obligations with respect to the following : The length of the
normal working day and the conditions of overtime, rest days, piecework,
wages, board and lodging for the worker and his dependants, insurance at
the employer's expense against accidents to the worker and against sickness
of the worker and his dependants, the transport at the employer's expense of
the worker, his dependants and their baggage to the place of work and back,
whether repatriation takes place a t the end of the contract or whether the
emigrant leaves beforehand through no fault of his own. If he is sent back
by the authorities of the country through no fault of his own, the employer
must pay compensation equal to three months' wages, in addition to the
costs of the journey. If the worker does not wish to return to Poland at the
expiration of his contract, he receives half the travelling expenses which
would have been incurred by his return and that of his dependants. Another
clause of the model contract stipulates that a worker who believes he has
1
The money advanced by the recruiting- agent on the signature of the contract may not
exceed 15 or 20 florins according as the worker lives alone or with his family. The deductions must be arranged in such a way that the monthly wage never falls below 22 times
the daily wage fixed in the contract. (Ordinance No. 48 of 14 Sept. 1914.)
a
See Supplement I : Decree of 11 Oct. 1927.
EMIGRATION A N D LABOUR CONTRACTS
181
been injured in any way may apply to the Polish consul, and the undertaking
must recognise the competence of the latter to examine the question.
PORTUGAL.—The emigration agent who recruits emigrants must
not only enter into a transport contract with them, as specified in section 12
of the Emigration Regulations of 10 May 1919, which deals with the conditions of transport, making the agent responsible for these (see Chapter VII,
§ 3), but must also conclude a contract of woTk properly so called, the form
of which is specified by section 17 of the above Decree and section 77 of
the Emigration Regulations (19 June 1919).
These measures provide t h a t all contracts must state the maximum
duration of the contract, calculated from the departure of the emigrants
from their place of origin, the emigrant's term of service in the country or
colony to which he is bound by the contract, the wages he will receive and
the corresponding sum in Portuguese money.
Recruiting and even simple propaganda in favour of individual or
collective emigration are prohibited as long as the Portuguese Government
has not approved the form of the contract under which the emigration
will take place. (Decree of 19 June 1919, section 33.)
Colonies.—No contract concluded with a native as an agricultural
worker or farmer for service outside the colony may be drawn up without
the consent of the public authorities. The contract must further be submitted by the worker to the Curator-General of the port of destination;
contracts must be registered in the colony of destination on the arrival of
native workers, and such registration must be notified to their employers.
All contracts for service outside the colony must satisfy the regulations
which are declared compulsory for native labour contracts, and in addition
the following regulations, or else they are considered void. They must
settle the duration of the service, which may not exceed five years, and the
cash wages to be paid by the employer; they may not authorise the employer
to inflict corporal punishment, nor refuse the native the exercise of his legal
rights, nor impose on him obligations prohibited by law. They may not
engage the native for work which exposes him to obvious danger or serious
injury. They must provide for the repatriation at the employer's expense
of the native and his dependants to the place of recruitment if they so desire.
If a native can prove, however, that he has the necessary means of livelihood in the colony where he is employed, or if he obtains an authorisation
from the Curator, he may remain in the colony without a contract of service.
During the first five years he may be expelled from the colony if he is found
guilty of vagrancy or has been condemned to imprisonment for an offence
or a crime ; after this period expulsion is not allowed. (Decree of 14 October
1914, sections 39, 43, 52, 77, 78, 80, and 87.)
I n Angola and Mozambique, under the agreements of 28 April 1926 and
14 November 1925 concluded by these colonies respectively with St. Thomas
and Principe, the duration of the contracts of native workers recruited
for the latter colony is two years. The contracts may be extended by one
year, but in Mozambique they may not exceed three years even with the
consent of the worker engaged. The duration of the contract is reckoned
from the date of arrival at the port of destination.
A man engaged has the right to be accompanied by his wife and children,
who will be covered by the same contract if already of age to work. Children
below t h a t age are entitled to board and lodging and medical treatment a t
the cost of their father's employer. The number of contracts for native
families may in no case exceed 25 per cent, of the total number of contracts
concluded, and the members of any one family covered by the same contract
may in no circumstances be placed with different employers, or repatriated
separately.
The conditions of work of recruited natives are clearly defined by the
aforementioned agreements. Each worker, including the women and
182
RECRUITING AND PLACING IN EMPLOYMENT ABROAD
children covered by the contract of the head of the family, must hold a
work card, prepared in accordance with an official model, which has been
approved by the Government of the country of origin. This work card
must give all information concerning the identity of the worker, his name,
age, characteristic features and finger prints, as well as the duration of the
contract and the wage paid.
U N I O N O F S O U T H AFRICA.—The Native Labour Regulation Act,
1911 (section 12), stipulates that every labour agent shall enter into a
written contract with every native engaged, which must be duly attested
by a magistrate who ascertains t h a t the native understands the contract
and accepts its terms and conditions.
U N I T E D S T A T E S : Philippine Islands.—Act No. 2486 of 5 February 1915 provides that all contracts of Filipino labourers for service
outside the colony must be supervised by the Director of Labour (section 5).
All labourers recruited must be guaranteed their return passage provided
they comply with the terms of their contract (section 2).
P o r t o Rico.—The Porto Rico Government will not protect persons
emigrating from the country unless their contracts of work have been
approved by the Commission for Agriculture and Labour. Otherwise the
fulfilment of contracts of work must be guaranteed by the Government of
the country to which the employer (individual or company) belongs, unless
the contracting party gives sufficient guarantee to secure the right of
emigrants. (Emigration Act of 29 May 1919, section 3.)
§ 3.—Recruiting for Land Settlement
Recruiting for land settlement is sometimes dealt with by
special regulations, which are often more severe than the general
regulations. The reason for special regulations is that the
emigration of a settler is, as a rule, for a long time and quite often
permanent. There is therefore a risk that emigrant settlers
will be lost to their own country, especially as the land on which
they settle is sometimes granted free of charge, or at least its
purchase is usually facilitated, so that they tend to adopt the
country where they settle for their own and have themselves
naturalised.
In several countries, however, the conditions of recruiting for
settlement are not sufficiently different to allow of a distinction
being made. In these cases such recruiting is subject to the
general provisions concerning recruiting of workers.
CZECHOSLOVAKIA.—The recruiting of a specified number of settlers
may be authorised by Ordinance if provision has been made for the hygienic
and economic protection of the emigrants, and if the foreign Government
guarantees facilities for supervision and representation before the courts
and authorities by Czechoslovak officiais, the maintenance of national rights
and religious liberty, and the right to return home a t any time. The permit
ceases to be valid after a specified time and is issued only on deposit of a
RECRUITING FOR LAND SETTLEMENT
183
large sum as security, which is not repaid until settlement operations have
been investigated by Czechoslovak officials. The permit must include
stipulations as to the mode of transportation, the compulsory repatriation
free of charge of any settler who falls ill or proves unsuitable, and a provision
t h a t the person in charge of the settlers shall pay compensation in case of
any illness, accident or disablement for work in general which occurs through
fault or negligence on his part or on that of any of his employees. The
recruiter must also be required to pay compensation if he could have foreseen
the unsuitability of the settler. (Emigration Act of 15 February 1922,
section 6.)
ITALY.—In accordance with the conditions laid down in a special licence.
the General Emigration Department may authorise a private person to
engage, in his own name or that of a colonial undertaking authorised by
the law of the country where it is founded, in the recruiting of Italian workers
for work to be performed in countries beyond the Suez Canal, except Italian
colonies or protectorates, or beyond the Straits of Gibraltar, except the coasts
of Europe, on condition t h a t these workers are transported through the
medium of an authorised agent and t h a t the latter pays the statutory fees
of embarkation. If the emigration is for a district where there are few
or no Italian emigrants, a permit may be granted on certain conditions to
effect transport, through a shipowner who is not an authorised agent.
(Consolidated Text of the Emigration Act, 1919, section 24.)
POLAND.—See Supplement I.
SWITZERLAND.—Swiss law takes special account of recruiting for
settlement undertakings. Section 10 of the Emigration Act of 22 March
1888 requires "any person, company, or agency which in any manner
represents a settlement undertaking to notify the Federal Council thereof,
and supply it with full information on the undertaking. The Federal
Council shall be competent to decide in each particular case if a private
person, company or agency may represent a settlement undertaking, and
under what conditions".
The regulations for the administration of this Act state that no person
who has failed to furnish the Federal Council with full information may take
part in a settlement undertaking for organising emigration to a specified
colony or country.
In particular, detailed information must be given on the obligations
contracted by emigrants towards employers and the obligations of the
latter. Section 12 of the 1888 Act further prohibits emigration and settlement agencies from concluding contracts by which they undertake to
deliver a specified number of persons to a transport company or settlement
undertaking or a foreign government.
The Order of 12 February 1889 adds the following provisions with respect
to these undertakings. I t prohibits the giving of written or oral information
on settlement undertakings which have no authorisation to recruit, the
conclusion of any contract of emigration with persons whose travelling
expenses have been advanced or paid in full or in part by a foreign company,
undertaking or organisation, the publication in any public newspaper or
other publication of advertisements promising an advance of all or part
of the travelling expenses.
184
RECRUITING AND PLACING IN EMPLOYMENT ABROAD
§ 4.—Placing in E m p l o y m e n t Abroad
Certain countries forbid foreign employers and national workers
t o enter into relations except through the medium of the official
employment exchanges or the special emigration office.
I n many other countries where private recruiting is allowed,
there are at the same time official departments which undertake
the placing of nationals in employment abroad (employment
exchanges, labour exchanges, special offices, etc.).
AUSTRIA.—The Ordinance of 7 May 1908 governs the work of private
employment agencies with respect to placing abroad. An agency for placing
Austrian workers abroad may be opened only in a locality where there is a
police station. The concession may be withdrawn a t any time. Any
person applying to the agency for a place abroad as a domestic servant or
in any other employment must be given reliable information on the name
and address of the employer, the work offered, and the journey involved.
An oral engagement between the employment agency and the worker for
work abroad is not allowed, but the subject must be dealt with by a written
order of the employer. Contracts for abroad must comply with the legislation of the countries of immigration.
The work of private employment agencies for abroad is subject to police
supervision, and their bookkeeping must be inspected. Persons running
such agencies are prohibited from making propaganda, whether oral or in
the form of brochures and publications, in favour of emigration, or from
having it done by others.
BELGIUM.—The official or approved labour exchanges undertake
placing in employment abroad. They act in touch with the Ministry of
Labour^ and accept or refuse to transmit foreign offers according to the
state of the national labour market.
CZECHOSLOVAKIA.—Workers may not be engaged otherwise than
through employment exchanges, whether for work outside Europe, in which
case the Ministry of Social Welfare must have given special permission, or
for a European country. They may not be engaged without written
instructions from individual and precisely specified employers. The instructions must bear a certificate from the competent authority in the foreign
State to the effect that the statements contained in the instructions are
exact and that no obstacle exists to the proposed engagement. (Act of
15 February 1922, sections 9 and 10.)
F R A N C E : Morocco.—Private employment exchanges were abolished
by the Dahir of 27 September 1921, which set up a system of public employment exchanges. The Dahir of 24 September 1924, supplementing the
previous one, states that on pain of imprisonment or fine or both no person
may undertake to place Moroccan workers outside the French zone of the
Shereefian Empire, whether they do so free of charge or for remuneration.
According to Circular No. 15 of 7 March 1925 the purpose of these provisions
is to prohibit the opening of agencies to act as an intermediary between
French manufacturers and Moroccan workers. The recruiting and placing
of workers is undertaken directly by the employment exchanges of the
Economic Office a t Casablanca, which receives the workers' applications
for employment, the offers of vacancies for foreign labour in France, and
PLACING IN EMPLOYMENT ABRO AB
185
the contracts of work countersigned in blank by the French Ministry.
The exchange places workers in accordance with the conditions in the
local labour market.
GERMANY.—According to the Employment Exchanges Act of 22 July
1922 1 , section 60, the recruiting of workers and their placing abroad is
governed, in the absence of other regulations to the contrary, by agreement
between the Federal Minister of Labour and the Federal Minister of the
Interior after consultation with the Executive Committee of the Federal
Board.
These regulations may provide in particular for the prohibition of employment agency work for gain, and make the carrying on of employment
agency work otherwise than for gain dependent upon a special permit.
I n pursuance of this Act, the Ordinance of 4 October 1923 stipulated
t h a t private employment agencies and public employment exchanges must
not place workers abroad without obtaining a special permit, to be granted
only when it is in the national interest to send such workers abroad. I n
accordance with the Ordinance, five public exchanges were made responsible
for placing in all foreign countries, or in certain specified countries (Hamburg,
Stuttgart, Stolp, Friedrichshafen, and Lindau), and five offices, attached
to important trade organisations or trade unions, for placing certain specialists (the German Foreign Institute a t Stuttgart, the commercial employees'
employment exchange at Hamburg, the employment exchange of the
Federation of Technicians' Unions at Hamburg, the office of the Union of
Engineers and Mechanicians a t Hamburg, and the Central Office for Scientific
Workers at Leipzig).
GREAT BRITAIN.—Full information as to openings in other countries
and as to the conditions of employment there, so far as known, is supplied
to all the employment exchanges in the country, which bring these openings
to the notice of intending emigrants or settlers.
ITALY.—The General Emigration Department often undertakes t o
receive employers' offers from the official services of the countries of
immigration and to place nationals who wish to find employment abroad.
This is the ordinary channel used for Belgium and France, in consequence
of the treaties between Italy and these countries on the exchange of labour.
NETHERLANDS.—The Official Service for Unemployment Insurance
and Employment Exchanges attached to the Ministry of Labour considers
the possibility of placing workers in other European countries, in particular
Belgium, Denmark, France, Germany, Great Britain, and Switzerland.
This Service is in touch with the official institutions in the countries
in question and supplies information to the Netherlands employment
exchanges. The latter give free information to intending emigrants.
Reference was made in Chapter IV, § 2,, to the work of the important
semi-official associations "Holland" and "Landverhuizing" for placing
Dutch workers and settlers abroad.
NORWAY.—According to the Act of 12 June 189G on employment
1
This Act was repealed by the Act of 16 July 1927 on employment exchanges and
unemployment insurance. The recruiting ot wage earners and their placing abroad will in
future be regulated by the Ministers of Labour and Foreign AfEairs after consultation
with the Executive Committee of the Federal Institute for Employment Exchanges
and Unemployment Insurance (Beichsanstalt )ür Arbeitsvermittlung und Arbeitslosenversicherung), a new body set up by this Act. The administrative changes introduced by
the new Act with reference to the Ordinance of i Oct. 1923 are defined by the Ordinance
of 20 Sept. 1927, which as a matter of fact makes no important alteration.
186
RECRUITING AND PLACING Ì N EMPLOYMENT ABROAD
exchanges, any person engaging in such business must hold a municipal
licence. There are special regulations concerning placing abroad. I n this
case a written contract must be concluded by the employment agent and
the person engaged, which is not valid until it has been submitted to the
police authorities, who countersign it and attach a certificate proving t h a t
the contract complies with the law. If the person engaged fails, through
no fault of his own, to obtain the promised post, or is compelled to leave it
because the employer does not fulfil the conditions agreed, the agent is held
responsible. The Norwegian consul a t the place of work must assist the
worker in obtaining the compensation due to him from the agent.
P O L A N D 1.—Foreign employers who may lawfully recruit workers in
Poland must apply to the public employment exchanges, which alone have
competence in this field under the Decree of 27 January I9I9 on employment
exchanges.
Since the Emigration Office was set up, it has been the body chiefly
responsible for placing national workers abroad. The various agreements
concluded by Poland with foreign Governments or industrial companies
for the recruiting of Polish workers usually stipulate t h a t the offers of
employment shall be transmitted through official channels to the Emigration
Office, which makes use of them as it thinks fit.
By the Circular of 22 December 1926, employment exchanges which
receive an application from a Rumanian or Yugoslav employer for several
workers a t once must demand the submission of the proposed contract of
work, together with the opinion of the accredited Polish consul in the
country of destination, particularly on the subject of the wages offered.
The proposed contracts are submitted to the Emigration Office for approval,
except those intended for textile workers from the region of Lodz, for which
a special model contract has been prepared.
Applications for individual workers are examined by the employment
exchange, which refers doubtful cases to the Emigration Office. Where
such applications are repeated by the same undertaking (two a month or
fifteen a year), reference must be made to the Emigration Office.
RUMANIA.—The Central Employment Exchange attached to the
Ministry.of Labour is also responsible for centralising applications and
offers of employment from abroad and for sending them to the local
exchanges, for which purpose it may communicate direct with the exchanges
or the foreign emigration offices. Before national workers are allowed to
leave, they must first obtain permission from the Ministry of Labour. (Act
of 22 September 1921 concerning the organisation of employment exchanges,
sections 17 and 40.)
SPAIN.—The Employment Exchanges Department in the Ministry of
Labour, set up by the Royal Decree of 29 September 1920, centralises
offers of employment from abroad and communicates them to the officiai
employment exchanges and the labour exchanges, who accordingly undertake
the placing abroad of nationals intending to emigrate.
SWEDEN.—The Royal Proclamation of 5 May 1916 deals in particular
with placing in employment abroad.
No person may undertake the placing of domestic servants or other
unskilled workers in employment in Sweden or abroad without previously
obtaining a permit from the governor of the province in which the employment agency will be situated. This permit is granted only after the
competent authorities in the town where the agency will be set up have
»See Supplement I : Decree of U Oct. 1927.
ASSISTED EMIGRATION
187
ascertained that there is a need for it. The permit may be withdrawn if
circumstances so require.
A person who wishes to obtain a licence must be a responsible Swedish
subject with full civil rights, of good reputation, and considered capable
of carrying on a business of the kind. Moreover, he must deposit a security
for the performance of the obligations he contracts. The amount of the
security is from 1,000 to 5,000 kronor 1 , and must be deposited in cash or
in bonds accepted by the provincial governor granting the licence. I t is
refunded within two years of the cessation of the undertaking unless
proceedings have been taken against the agent. I n the latter case a sum
corresponding to the damages in question is held back until the whole
business is wound up.
A contract in duplicate must be entered into by the employment agency
and the domestic servant if he is of age, or, if not, his guardian or nearest
relative. One copy is given to the worker, the other sent to the future
employer. The contract must comply with an approved model and be
drawn up in Swedish and the language of the foreign country, except for
Denmark and Norway. I t must state the nature of the work offered, its
duration, the wages promised in the currency of the country of destination
and in Swedish money, and the other advantages. I t must also state
whether the fare and maintenance during the journey will be paid by the
servant or the employer. The employment agency must undertake to
make up any deficiency if the wages paid fall below those promised, and to
repatriate the worker if on arrival he is not given the work for which he was
engaged, or if he is dismissed without valid reason during the first six months
of service. In this case an action for damages against the agent must be
taken within a year of arrival a t the place of destination.
I t is forbidden to include in the contract a clause that the travelling
expenses will be deducted from the promised wages or repaid out of work
performed after arrival. The contract and the permit to emigrate must
be produced before the police authorities or a competent official a t the port
of departure, and countersigned by them free of charge.
Any worker placed abroad through an agency who wishes to complain
of the latter for failure to observe the conditions of the contract must apply
to the consul in the place where he works. The latter, after enquiry, transmits his complaint to the Swedish Government.
SWITZERLAND.—The placing of nationals intending to emigrate
is undertaken chiefly by the Central Employment Exchange of the Federal
Labour Office, which centralises applications and offers of employment,
Any offers coming from abroad are notified to the public exchanges, including the cantonal exchanges, which may bring them to the notice of
workers applying t o them. Certain private associations also undertake
placing abroad. (See Chapter IV. § 2.)
§ 5.—Assisted Emigration
The term "assisted emigration" is used for emigration which
is effected by means of a subsidy granted by the Government,
the communal authorities, or a private, commercial, or philanthropic association in the country of emigration. Assistance
granted by the country of immigration is regarded as assisted
'One krona = approximately l*ls.
188
RECRUITING AND PLACING IN EMPLOYMENT ABROAD
immigration and will be dealt with in the second volume of .this
work. I t has been thought desirable, however, t o include in this
Chapter, which deals with the legislation of countries of emigration, the regulations of those countries which make t h e emigration
of certain of their nationals conditional on the granting of
assistance for the journey by the Government or employer in the
country of immigration, and which define t h e conditions of such
assistance. Moreover, this subject is often dealt with bilaterally
by international agreements on recruiting. I t should be recalled,
on the other hand, t h a t certain countries (Czechoslovakia,
Germany, Hungary, Italy, Portugal, Spain, Switzerland) make
it illegal for intending emigrants t o accept foreign assistance,
and prevent their departure (see Chapter I I I , § 1, (n)).
Measures for the financial assistance of emigrants are as a
rule purely administrative, and are often only temporary. Certain cases of assisted emigration during the last few years will,
however, be pointed out as indicating a tendency t o facilitate
emigration. This assistance, however, which is n o doubt exceptional, is not a permanent measure. The reduced fares granted
for the railway journey as far as the frontier also constitute a
kind of assistance t o emigrants; reference is made t o this in
Chapter I X , § 2.
AUSTRIA.—For some years the unemployment relief granted to persons
out of work has occasionally taken the form of assistance to emigrate, calculated on the allowances for a specified period. Thus in 1926 the Austrian
Government assisted a certain number of unemployed workers who wished
to profit by the offers of land made by the Soviet Government. These
emigrants received the additional necessary sums for their settlement from
the Vienna Chamber of Workers and Salaried Employees \
In pursuance of a resolution of the Unemployment Insurance Committee,
the Ministry of Social Welfare defined, in the Circular of 2 April 1927,
the rules by which travelling grants would in future be made to Austrian
unemployed workers who intend to take up work abroad. The right to
such assistance is confined to unemployed workers in receipt of relief who
can prove that they are offered specific employment abroad, that they
cannot afford the journey to the place of work, and that they receive nothing
from the foreign employer. The assistance takes the form of the fare to
the place of work abroad in the lowest class, and, if need be, of the necessary
money for maintenance during the journey. In addition a free ticket is
granted for the journey on Austrian territory. Assistance for oversea
journeys is not granted. In the case of oversea emigration the worker may
receive only assistance in respect of the journey from his home to the port of
embarkation. The cost of this assistance is met by the industrial committee
of the district concerned and the Ministry of Social Welfare.
1
According to Mitteilungen der Wiener Arbeiterkammer über Aus- und Einwanderung,
No. 1, 30 March 1926.
ASSISTED
EMIGRATION
189
A similar policy in favour of assistance is reflected in the fact that the
Treaty on emigration and labour concluded by Austria with France in 1926
provides, under the head of the methods of recruiting of Austrian nationals,
t h a t the journey may be accomplished a t the cost of the French employer,
if the contract of work so provides, or by means of an advance made
by him.
G R E A T BRITAIN.—The Empire Settlement Act of May 1922 gives
power to the Government to co-operate in carrying out "agreed schemes"
in association with a Dominion Government or with approved private
organisations either in Great Britain or the Dominions. An "agreed scheme"
may be either a development or land settlement scheme, or one for facilitating
migration by assistance with passages, initial allowances, training, or otherwise. It is laid down that no scheme shall be agreed to without the consent
of the British Treasury, which must be satisfied t h a t the Government or
organisation concerned is making a proper contribution to the expenses
of the scheme. The contribution of the British Government is not in any
case to exceed one-half, and its liability to make contributions is not to
extend beyond a period of fifteen years after the passing of the Act.
Under the Act various schemes have been arranged with the Dominions
and with private organisations for grants in aid of emigration. Assisted
passage schemes provide for grants towards the passages of emigrants to
Canada, Australia, and New Zealand. The British Government also makes
advances to the Governments of Australia, Canada, and Southern Rhodesia
for the settlement of persons from the United Kingdom. In Alberta (Canada)
and New Zealand schemes have been arranged for the training and placing
of boy emigrants in agricultural work 1. The following schemes with private
organisations were in operation on 31 December 1926 2.
The Society for the Oversea Settlement of British Women. There are two
schemes in force, one providing for a grant towards the passages of women
emigrants wishing to settle overseas, and the other for a contribution towards
the capital cost of establishing a hostel at Cape Town (South Africa).
Salvation Army. There are agreements with the Salvation Army for
assisting boys, single women, widows with families, and families to settle
in Canada and Australia. The assistance is given upon an agreed scale
by way of grant towards the cost of reception, settlement, and after-care
in all cases ; and by way of grant and loan towards the cost of passages t o
Canada in a limited number of cases. Agreements also provide for the
testing of boys a t the Salvation Army Farm at Hadleigh, Essex, to see if
they are suitable for settlement in the Dominions, and for the training of
boys in Australia a t the Salvation Army Farm at Riverview, Queensland,
and at the Salvation Army Farm at Putaruru, New Zealand.
The British Dominions Emigration Society. A grant is made to this
society for assisting in the migration of families to Canada, and loans are
also made towards the cost of passages and individual expenses.
Child Migration Societies. There exist agreements with recognised child
migration societies (e.g. Dr. Barnardo's Homes) for assisting in the reception,
settlement, and aftercare of children proceeding to Canada under the passage
agreement with the Government of Canada.
The Child Emigration Society. A grant is made to the society for assisting
in the extension of the Fairbridge Farm School in Western Australia and
in the maintenance of children there.
1
For further details oí these schemes, see Volume II, Chapters VI, § 5, X I , § 1, and X I ,
§2.
2
G R E A T B R I T A I N : Report of the Oversea Settlement Committee for the year ended 3i December
1926, PP. 25-29.
190
RECRUITING AND PLACING IN EMPLOYMENT ABROAD
The Craigielinn Boys' Training Farm, the Church Army, the Church of
Scotland. Grants are made to these three organisations for the testing of
boys and men in agricultural work with a view to their ultimate migration
to the Dominions.
Fellowship of the British Empire Exhibition.
The British Government
has made a grant towards the provision of scholarships for a limited number
of boys to be trained at agricultural colleges in Australia, Canada, and
New Zealand, and then placed in employment. Schemes have also been
arranged for assisting the emigration of teachers to Canada and South
Africa.
1820 Memorial Settlers'' Association. The association has agreed to make
advances to settlers to enable them to purchase stock and equipment, and
the British Government has undertaken to pay one-half of the cost of the
furniture, stock, and equipment of three training farms to be established
by the association in South Africa.
Trustees of the Dreadnought Fund. The British Government pays a
proportion of the total expenditure on the emigration of boys under the
Dreadnought scheme. The rate of contribution per boy may not exceed,
on the average, £6 or £3, according to the numbers who go out. (See
Volume I I , Chapter VI, § 5, "Australia".)
The Poor Law amendment Acts from 1834 onwards, which are still in
force, provide t h a t in England and Wales money raised from the poor rates
may be expended on the migration of (1) any orphan or deserted child under
sixteen (chargeable to the Poor Law authorities) who has consented thereto,
and (2) of any other poor persons, whether in receipt of relief or not.
Under the Poor Law Emergency Provisions Continuance Act (Scotland),
1914, a parish council in Scotland is given the right to assist in defraying
the expenses of emigration of any destitute and able-bodied person out of
employment who desires to emigrate.
Colonies.—Barbados. Under the terms of the Emigration Act, 1904
(sections 4 and 5), the Governor is authorised to expend £300 per annum in
assisting persons of the poorer classes to emigrate to Canada, the United
States, or to any of the neighbouring colonies, either British or foreign.
The Governor is also authorised to expend a sum not exceeding £150 per
annum in assisting indigent persons other than natives to leave the Island.
If, however, the native country of the person in question is represented by a
consular officer on the Island, such officer must give an undertaking t h a t
the sum advanced for the person's assistance shall be repaid to the Public
Treasury. No seaman may be so assisted unless he is unable to procure
employment as a seaman.
By the Victoria Emigration Society Act, 1897, a society was founded to
assist the emigration of poor women who are unable to obtain work in
Barbados. The society receives a grant of £150 a year from the Government.
INDIA'.—The Government does not give assistance to emigrants, but
the law provides that the expenses of those recruited for unskilled work by
agents of countries to which emigration is lawful must be met by the agent
from the date of the conclusion of the contract. This applies to travelling
expenses and to the cost of board and lodging. The emigrant must be
provided with proper and sufficient food and lodging, under the supervision
of the Protector of Emigrants. All costs connected with his departure are
similarly charged to the country of immigration.
Persons who desire to obtain assisted passages without going through
an emigration agent may apply direct to the Emigration Commissioner
of the country to which they wish to proceed. The application must be
accompanied by a certificate signed by the competent magistrate, to attest
that there is no obstacle to their emigration. If the Emigration Commissioner agrees t o grant them an assisted passage, it is granted under the
ASSISTED EMIGRATION
191
same conditions as to persons engaged by an emigration agent. (Rules of
10 March 1923, sections 28 to 30.)
For Ceylon and Malaya these expenses are defrayed from a common
fund raised in such manner, and managed by such agency, as may appear
suitable to the colonial Government. (Notifications regarding emigration
to Ceylon and Malaya, February 1923, section 4.)
ITALY.—The term "assisted emigration" may be taken to cover the
assistance given to emigrants in Italy, not so much for the journey, as for
their settlement abroad on the land or in undertakings, granted by various
settlement institutions : the Association for Agricultural Emigration, the
National Institute for Colonisation and Undertakings Abroad, and, finally,
the National Credit Institute for Italian Labour Abroad, recently set up.
An account of the work of these institutions will be found in Chapter X I , § 3.
JAPAN.—As an encouragement to emigration, the Japanese Parliament
has frequently voted credits for assisting national emigrants. The 1927
budget included a credit of 450,000 yen 1 for assisting the settlement abroad
of persons emigrating independently, and particularly those who have
some resources, but not enough for their installation.
I n the case of emigrants recruited by an emigration agent, the regulations
under the Emigrants Protection Act (section XXIII) state that the emigration
contract must mention the manner of defraying the expenses of the outward
and homeward passages by the employer.
Korea.—The contract of work of Korean emigrants must give the same
information. (Emigrants Protection Regulations, section XIII.)
M E X I C O : S t a t e of Jalisco.—A foreign employer engaging workers
in the State of Jalisco must pay the travelling expenses of the worker and
his dependants from the place of engagement to the place of work, without
prejudice to the cost of the return journey, which any foreign employer must
meet under the Mexican Constitution. (Decree promulgating the Labour
Code, No. 2308 of 13 August 1923.)
NETHERLANDS.-—The Government and municipalities assist national
emigration in two ways.
In the first place unemployment relief is often given the form of subsidies
to unemployed workers who agree to find employment abroad. Relief of
this kind has been granted on several occasions. At present it takes the
form of assistance towards emigration to Canada under the Circular of the
Ministry of Labour and Industry to the municipal authorities (November
1926). The Government subsidy is conditional on participation by the
minicipality concerned. a The combined subsidies may amount to not more
than 450 to 475 florins per person, of which sum 25 dollars are granted
unconditionally representing the compulsory landing money. The remainder
is a simple advance, repayable in five years with interest at 5 per cent.
These advances are granted only to emigrants with a certain capital of their
own, as a rule 100 florins, and in no case less than 50 florins. The sums
advanced by the Government are distributed through the "Holland"
Emigration Association, acting in agreement with the Director of Unemployment Insurance and Employment Exchanges, to the persons whom the
association provides with agricultural employment in Canada. The selection
of the persons considered to be suitable recipients for these loans is primarily
in the hands of the local labour exchanges, the final decision being taken by
the Dutch Emigration Association "Landverhuizing".
1
2
One yen = approximately i s . lOJd.
One florin = approximately Is. 8d.
192
RECRUITING AND PLACING IN EMPLOYMENT ABROAD
Secondly, subsidies are sometimes granted by the Dutch Government
to make up the wages of workers who are employed in countries with
depreciated exchanges. Relief of this kind was granted in 1922-1923 t o
Dutch workers in Germany, and in 1926 to Dutch workers in Belgium.
I t frequently takes the form of relief for the emigrant's dependants who
remain in the Netherlands.
E a s t Indies.—The model contract of foreign service instituted by
Decree No. 5, of 28 February 1894, includes an obligation for the foreign
employer to meet the transport expenses of the recruited worker and his
dependants to the place of work and back.
PORTUGAL.—The Circular of 29 October 1921 of the General Emigration Department stated that the Ministry for the Colonies grants a free
passage to settlers who apply to the Secretariat of the Department and give
proof of their qualifications for farming and their intention to exploit the
uncultivated and fertile lands in the Portuguese possessions in Africa.
The Boletín de Emigraçâo, published by the Department (January to December 1925), recalls that this measure is still in force.
SWEDEN.—The Decree of 5 May 1916 concerning the placing of domestic
servants abroad specifies t h a t the contract of engagement must state whether
the cost of the journey and maintenance during the journey is to be borne
by the worker or the employer, but that in no case may the cost of the
journey be advanced and then deducted from the promised wages after
arrival a t the place of destination (section 6).
SWITZERLAND.—In 1923 a sum of 500,000 francs, drawn from the
credits granted for the relief of the unemployed, was used to pay the cost
of the journey of Swiss emigrants for Canada, where an emigration scheme
was then in force. Only persons engaged in an overcrowded profession
were entitled to benefit by this measure 1 . I n the following years Switzerland
gave up this method of assisting emigration.
1
Circular of the Federal Labour Office, 20 April 1923.
CONCLUSION OF THE TRANSPORT CONTRACT
193
CHAPTER VII
CONCLUSION OF THE TRANSPORT CONTRACT
The emigrant who has decided t o go t o a foreign country with
or without a contract from his prospective employer must
enquire into t h e means of arriving a t the place he has chosen.
The preparations for departure are particularly complicated
when the distance of his destination necessitates a long sea
voyage. He then has t o deal with new categories of people :
heads of transport undertakings or emigrant carriers, and their
agents.
The regulations concerning heads and agents of transport
undertakings are extremely complicated. As has already been
pointed out, there is little t o distinguish those relating t o recruiters
because of the existence of an intermediary class of agents :
emigration agents, a sort of emigration brokers, whose business
is t o get into touch with persons likely to emigrate, and t o
persuade t h e m t o conclude a transport contract with the transport
company t h a t they represent. In the first part of their business
t h e y act particularly as recruiters, but the fact t h a t they deal
with arrangements for the journey brings them under the regulations concerning owners of transport undertakings, at least
under such of these regulations as cover t h e business t h a t
precedes and prepares embarkation, and t h a t are the subject of
t h e present chapter : regulations concerning t h e establishment
and carrying on of transport agencies, the fixing and application
of fares, and the transport contract, etc.
I n different countries these activities are more or less liable t o
overlap. I t has been pointed out in the preceding chapter t h a t
although there is in some countries a tendency t o differentiate
very little between recruiters and heads of transport under14
194
CONCLUSION OF THE TRANSPORT CONTRACT
takings, in others these two functions may not be filled b y the
same person. Also, while in some countries the head of the
transport business m a y undertake certain affairs relative t o
transport, such as lodgings for the emigrants, banking affairs, etc.,
in others his activity is strictly limited t o transport only.
As a sea voyage is more complicated t o arrange t h a n transport
b y land, and is usually of longer duration, t h e greater p a r t of
the legislation on the subject aims at controlling transport b y
sea. This is obvious, even in many regulations where the exact
method of the transport t o which t h e y apply is not stated.
§ 1.—Heads of Transport U n d e r t a k i n g s
and Their A g e n t s
Many different persons are classified under the name of "head
of transport undertaking", and it is important t o make as clear
a distinction between them as possible.
Permission t o transport emigrants may be given to a
steamship company, which is generally a joint stock company,
with share capital managed by a director. Companies of this
kind often control steamship lines in several countries. I n this
case they have a representative in each country, sometimes a
general agent, who is in some countries legally responsible
for the emigration business undertaken in t h a t country.
Transport of emigrants can also be undertaken by one particular person, such as a shipowner, t h e master commanding a
ship, or a charterer who has chartered t h e ship. I t frequently
happens t h a t each of these persons is held definitely responsible
for compensation and damages, payable in cases of non-fulfilment
of obligations undertaken with regard t o t h e emigrant, and
incurs the penalties due t o breach of emigration laws.
Transport m a y also be undertaken by a person not owning
a ship, but acting as a intermediary for the conclusion of
transport contracts. He frequently acts in his own name for
several companies. The expressions "transport agent", "emigration agent", a n d "head of u n d e r t a k i n g " are often used in a
wide sense t o mean such a person.
The staff of a transport business comprises many kinds of
employees who work under the authority of a manager. I t
is preferable t o use the word "representative", an indefinite
HEADS OF TRANSPORT UNDERTAKINGS AND THEIR AGENTS
195
term, t o mean the manager of an undertaking, and the word
"sub-agent", "clerk", or "employee" t o mean a person on the
permanent staff of one of the offices or agencies. Moreover,
there is every kind of outside intermediary (courratiers), licensed
and unlicensed brokers, who may be considered as "commercial
travellers in transport", and who often " t r a v e l " for several
firms. This trade of " r u n n e r " is prohibited in many countries,
but allowed and controlled in others.
The technical legal vocabulary is very poor in words describing
the offices of these businesses. A company or undertaking has
a head office and agencies where business is done with the
public. Sometimes, if the head office of the transport company
is in a foreign country, a central office is set u p in t h e country
itself with branches and agencies spread over the country.
Other emigration offices limit their activity t o certain transactions, information and sale of tickets, etc. I n some countries,
offices whose work is so limited have special names not admitting
of translation (for example, "Agentur" and "Expositur" in the
Austrian Republic).
Whenever a distinction is possible the obligations incumbent
upon owners of undertakings and those of their staff will be
treated separately.
The Government department t o which
application for permission t o set u p a transport undertaking
must be made, the conditions upon which the permission is
granted, the security t o be deposited, and the annual licence
t o be taken out are usually different from t h e same type of
obligation imposed upon sub-agents, whose responsibility is more
limited.
Under headings (a) and (b), first the obligations of the heads
of undertakings will be examined, under (c) such securities,
licences, and taxes as touch both the head and his subordinates,
and under (d) and (e) matters only connected with the staff.
(a)
T H E N E C E S S I T Y FOR A L I C E N C E
Nearly all Governments insist on the necessity for a licence,
in the same way t h a t they reserve the right t o cancel it in cases
of abuse, or at times t o suspend it temporarily or t o limit it
according t o circumstances. This licence is given : in Austria
by the Minister of the Interior ; in Belgium b y the Minister for
196
CONCLUSION OF THE TRANSPORT CONTRACT
Foreign Affairs ; in China by the Emigration Bureau ; in Czechoslovakia by the Minister of Social Welfare; in Denmark by the
Minister of Justice; in France by the Department of the
Mercantile Marine in the name of the Minister for Public
Works; in the French Congo, the Ivory Coast, and Dahomey
by the Lieutenant-Governor in Administrative Council; in
Madagascar by the Governor-General; on the Somali Coast by
the Local Administration ; in Germany by the Chancellor (Reichskanzler) on the advice of the Bundesrat ; in Great Britain by the
County Council or, in some places, by the local Justice of the
Peace ; in the Gilbert and Ellice Islands by the Resident Commissioner; in Hongkong by the Emigration Office; in Jamaica by
the Inspector-General of Police; in Mauritius by the Customs
Officer; in the Solomon Islands by the Head Inspector; in Greece
by the Minister of the Interior on the recommendation of a
committee presided over by the Director of the Emigration
Bureau; in Haiti by the Minister of the Interior; in Italy by the
Emigration Department L ; in Japan by the Minister for Foreign
Affairs ; in Korea by the Ministry of the Interior ; in Luxemburg
by the Government; in Norway by the local Chief of Police; in
the Netherlands by the Emigration Commissioner for Supervision
of Emigrants' Transport; in Poland by the Minister of Commerce
and Industry on the advice of the Emigration Council2 ; in
Portugal by the General Emigration Department; in Rumania
by the Minister of Labour on the advice of the Emigration
Committee; in the Serb-Croat-Slovene Kingdom by the Council of
Ministers; in Spain by the Directorate-General of Emigration 3 ;
in Sweden by the Minister for Social Affairs; in Switzerland by
the Federal Council; in Syria and Lebanon by the Governor
of each State with a visa from the High Commissioner.
(b)
CONDITIONS WHICH MUST BE FULFILLED BEFORE
A LICENCE CAN BE OBTAINED
Certain of these conditions are to be fulfilled by the applicant,
and distinction must be made between the positive qualities
1
All the functions of the Emigration Department were transferred to the DirectorateGeneral for Italians Abroad by the Decree of 28 April 1927.
2
See Supplement I.
3
At present a Sub-Directorate (Subdirección general de Emigración).
HEADS OF TRANSPORT UNDERTAKINGS AND THEIR AGENTS 197
demanded from the applicant (nationality, residence in the
country, morality, etc.), and specified disqualifications, particularly incompatibility of certain public functions or certain
occupations with the carrying on of such a business. The legal
disqualifications in some countries are evidently arranged with
a view to preventing any pressure being brought to bear upon
the emigrant to induce him to emigrate. These functions and
occupations that are excluded from plurality of office are those
carrying social prestige (Members of Parliament, administrative
officials, the clergy, etc.), and also those that would give persons
engaged in them means of influencing possible emigrants (hotelkeepers, innkeepers, etc.).
Other conditions depend upon the extent of the concession
and they tend to limit the concession to certain definite routes
and methods of work.
FRENCH MANDATED TERRITORY : Togoland.—The regulations
governing transport agents are the same as those concerning recruiting
agents, and have been examined in Chapter VI.
AUSTRIA.—The Act of 6 March 1906 and t h a t of 21 July 1925 class
companies for the transport of emigrants together with limited companies
(Gesellschaften mit beschränkter Haftung), and both are required to obtain a
licence. Besides fulfilling certain general conditions (evidence of the constitution of the company and the appointment of a director), an official
recognition of their regulations must first be obtained (Act of 6 March 1906,
section 3). The regulations must state the name and headquarters of the
company, its object, the amount of its capital, and the amount of the
investment of every shareholder. Further, foreign transport companies
come under the Act of 29 November 1865, that only authorises the establishment of such companies when it has been shown t h a t they are regularly
constituted according to the laws of their country, that the Government of
the said country permits the establishment of Austrian companies of the
same kind, t h a t their object is not contrary to Austrian laws, and that they
are prepared to submit to Austrian regulations (section 1). Permission to
establish such foreign companies may always be withdrawn in cases where
the same permission is witheld from similar Austrian companies in the foreign
country (section 9).
According to the Order of 23 November 1895 classing travel agencies with
licensed undertakings (section 3), no travel agency (Reisebüro) is allowed
to sell steerage tickets for any foreign maritime company transporting
emigrants other than those established according to the Order of 29 November
1865. These agencies may not be authorised to deal directly with the
transport of emigrants. The Regulations of 27 June 1921 require transport
companies to submit to certain obligations, and generally to conduct their
business correctly in Austria, giving special attention to Austrian emigrants
for whom they are to be responsible until they reach the trans-oceanic port for
which they are bound and for the quarantine period, and whom they must
protect from being exploited. They must appoint a representative in
Vienna, who shall be responsible for all business undertaken in Austria
and must also pay a deposit.
198
CONCLUSION OF THE TRANSPORT CONTRACT
BELGIUM.—Heads of undertakings for the engagement or transport
of emigrants, representatives of foreign undertakings wishing to transport
emigrants in Belgium, and representatives of undertakings transporting
emigrants from a European port other than a Belgian port must be resident
in Belgium and must pay a deposit. The same provisions apply to emigration agents.
No official or employee of the State, a province, or a municipality may
have a direct or indirect interest in undertakings providing transport or
provisions for emigrants. Members of the committee of inspection are
also debarred. No one in the employment of an undertaking for the
transport of emigrants may have direct or indirect interest in undertakings
concerned with the lodging of emigrants on land. (Order of 25 February
1924, sections 11, 12, 13, and 45.)
CZECHOSLOVAKIA.—A licence is granted to the following persons
provided that they are in a position to transport emigrants according to the
provisions of the Emigration Act, and that they submit everywhere to
State supervision and control, more particularly in foreign ports : (1) Czechoslovak citizens whose business has its head office in the Republic ; (2) Commercial companies and legal personalities having their head office in the Republic,
partnerships, limited partnerships and limited partnerships with share
capital, provided that those members who are personally responsible are all
Czechoslovak citizens ; (3) Foreigners, foreign companies, and Czechoslovak
citizens whose head office is not in the Republic, provided that they appoint
a representative in the country who shall assume all responsibility for,
and exercise all the rights of, the company regarding both the authorities
and individuals, and that they state their readiness to submit to Czechoslovak legislation and to Czechoslovak tribunals in all disputes in which the
licensed company might be involved. They must also fulfil all the obligations imposed upon Czechoslovak transport companies by the Emigration
Act. The representative of a foreign company must be a Czechoslovak
citizen and be licensed by the Minister of Social Affairs, who may
withdraw the licences in cases of non-observance of the conditions
imposed.
A transport licence is granted for one year for certain specified States
or certain districts in these States and for certain ports in cases of transoceanic transport. A licence is only granted to persons who can prove
that they possess ships conforming to the condition laid down by law.
A licence is not granted either to recruiters of emigrants, or to persons
doing business with recruiting agents, or to persons suspected of applying
for a licence for the purpose of foreign colonisation. These persons may
not become representatives or agents.
A special licence is required to transport emigrants who have been
recruited under a licence from the State. The application for such a licence
must state the person or undertakings in whose name the emigrants are
recruited, the type of work to which they are going, and the person defraying
the cost of transport. (Act of 15 February 1922, section 13, and Regulations
of 8 June 1922, section 23.)
DENMARK.—The Act for the transport of emigrants distinguishes
between a licence for the direct transport of emigrants from a Danish port
and a licence for indirect transport from a foreign port. I n both cases the
licence can only be granted to persons who are of age and of good character,
who must have lived in Denmark for at least five years consecutively; but
with regard to this last condition, special authorisation may be granted
by the Minister of Justice.
When emigrants are to be transported from a foreign European port,
the person wishing to arrange this in Denmark must state whether he is
conducting such business for his own account or as the agent of someone else.
In the latter case he must produce proof of his right to represent the company
HEADS OF TRANSPORT UNDERTAKINGS AND THEIR AGENTS
199
in question and give information as to the constitution of the said company
to the police authorities in his place of residence.
A licence may be withdrawn particularly in cases where emigrants have
been recruited by means of false information. An application for a licence
must be accompanied by information as to the ships used and the number
of emigrants to be transported. A deposit must be paid. (Acts of 1 May
1868, sections 3 and 4, and of 25 March 1872, section 3.)
F R A N C E AND COLONIES.—The licence required for the transport
of emigrants is the same as that required for recruiting, and the conditions
under which it is granted are examined in Chapter VI.
GERMANY.—The Emigration Act of 9 June 1897 draws a clear distinction
between heads of transport undertakings (Unternehmer) andagents( Agenten).
A licence to transport emigrants may be granted only to German subjects
having their offices in Germany, to commercial companies and partnerships,
registered co-operative societies and bodies corporate resident or having
their head office in Germany; but partnerships, limited partnerships, and
limited partnerships with share capital can obtain a licence only if all the
members who are personally responsible are German subjects. Foreign
companies and German subjects resident abroad can obtain a licence only
if they appoint a legal representative in Germany and submit to the German
emigration laws. I n addition, in cases of trans-oceanic emigration, the
applicant must prove that, he is a shipowner (sections 3-5).
A licence is granted for specified countries, and even for specified districts
in these countries, and, in cases of trans-oceanic emigration, for specified
ports (section 6).
GREECE.—Only persons holding a licence to carry on undertakings
for the transport of emigrants are authorised to sell tickets and arrange for
such transport. x A licence is only granted upon payment of a deposit of
1,000 drachmas and only to a Greek citizen who is either the official representative of a shipping company, or of a shipowner—Greek or foreign—
and only upon evidence that the company or shipowner applying for the
licence actually possesses suitable ships, and after enquiries have been made
as to the moral standing of the representative. A licence may not be granted
to foreign companies or shipowners unless their own country grants the same
privileges to Greek companies or shipowners. Similarly, foreign companies
may have representatives of their own nationality holding licences of this
kind only if their own country allows this in the case of Greek companies,
and provided t h a t these representatives fulfil the conditions required by
law for granting licences to carry on emigration undertakings. Moreover,
in such cases a Government representative of the native country of the
company in question must have a seat on the central board of management
of the company.
In exceptional cases a licence may be granted to a representative of a
different nationality from that of the company if he was acting as its
representative in Greece a t least three years before the vote on the Emigration
Act (July 1920), and on condition that the laws of his country grant the same
privileges to Greek subjects.
Foreign companies and their representatives must strictly observe all "
the provisions of the Emigration Act and submit to Greek legislation in
general. (Act No. 2475 of 24 July 1920, sections 12 and 13.)
HAITI.—In Haiti no clear distinction is made between a licence for the
transport of workers recruited in Haiti and a licence for recruiting, and the
conditions under which such licences are granted are examined in Chapter VI.
One drachma = approximately 0'7d.
200
CONCLUSION OF THE TRANSPORT CONTRACT
HUNGARY.—In Hungary a licence to transport emigrants may be
granted : (1) to heads of undertakings who are Hungarian citizens resident
in Hungary who have never been convicted, are not accused of any misdemeanour under, or any contravention of, the Emigration Act, and who
have a good reputation. Such persons moreover, must not concern them^
selves with colonisation or employment in foreign countries ; (2) to Hungarian
commercial companies on condition that the majority of the members having
a personal responsibility are Hungarian citizens, reside in Hungary, and
fulfil the conditions imposed on agents generally; (3) to foreign undertakings,
whether individuals or companies, having their residence abroad, on condition
t h a t they appoint a person to represent them in Hungary, and t h a t they
submit, so far as their emigration activities are concerned, t o Hungarian
law and authorities, and do not concern themselves with foreign colonisation
schemes.
The following persons are prohibited from representing a company for
the transport of emigrants or managing an office, or being employed in a n
agency belonging to such a company : all persons employed by the State,
or by municipalities, or in the post office, or on railways, priests, lawyers,
doctors, veterinary surgeons, teachers, and innkeepers.
A licence may be granted for specified countries, and even for specified
districts, and, when trans-oceanic transport is involved, only on condition
t h a t certain stated ports are used. (Emigration Act of 1909, sections 7,
9 and 14.)
ITALY.—In the consolidated text of the Emigration Acts of 13 November
1919, the conditions under which a licence for becoming a carrier of emigrants
(vettore di emigranti) is granted are as follows : Italian shipping companies,
shipowners, and charterers may be granted certificates, either individually
or collectively, provided t h a t their ships comply with the conditions laid
down in the regulations. This also applies to foreign shipping companies
(recognised in the Kingdom by the Commercial Code), foreign shipowners,
or charterers. A certificate must not, however, be issued to a foreign
shipping company, shipowner, or charterer unless such a company or person
nominates as representative an Italian citizen resident in Italy, or a legally
constituted Italian firm, and submits in all questions of emigration to the
provisions of the Emigration Act (section 18).
An unlicensed company may be licensed to undertake a single journey
when transporting emigrants to a country to which Italian emigrants rarely
go, provided that it observes the conditions laid down by the Emigration Act.
The cost of a licence for a single journey is less than t h a t of a yearly licence
(section 24). Since the limitation of Italian emigration to the United States,
licences for the transport of emigrants to that country are generally granted
for single journeys. (Decree of 18 J u n e 1922.)
J A P A N . — A licence for the collective transport of emigrants by special
ships for the purpose must generally be obtained for each convoy. However,
one licence may be granted for several journeys undertaken in the same year.
A deposit must be paid, the amount of the passage money must be accepted
by the authorities, and examination must be made of the constitution of
the company, if it is one, of the ship or ships to be used (the nationality,
home port, name, etc., of such ships), the approximate number of emigrants
t o be transported, and the anticipated length of the journey, etc. The
Minister of Foreign Affairs may, when granting the licence, specify the ports
between which the transport is to be made.
A licence must also be obtained in order to transport individual emigrants.
(Emigrants Protection Act, 1896-1907, sections X , d, X X , 3, 5, and 7, and
Regulations for the application of the said Act, sections X L and XLI.)
LITHUANIA.—A licence to establish emigration undertakings or their
branches or agencies in only granted; (1) to persons resident in Lithuania
HEADS OF TRANSPORT UNDERTAKINGS AND THEIR AGENTS
201
who have never been convicted or deprived of their civil rights wholly or in
part, or incurred any other serious penalty; (2) to companies having a legal
personality, whose head offices are in Lithuania. Civil servants and persons
occupying official functions are prohibited from managing emigration
undertakings. Foreign applicants must produce evidence of good character
and companies must produce a certified copy of their regulations. (Act of
18 July 1922, sections 3 and 4, and Order of 22 August 1922 for the enforcement of the Act.)
NETHERLANDS.—A licence may be granted to heads and representatives of transport companies who pay a deposit or find a guarantor.
Foreign heads of undertakings or their representatives have the same rights
as those of Dutch nationality, provided they are resident in the Netherlands.
The licence for extra-European transport is not the same as t h a t granted
for European transport. In the latter case the deposit is less. Heads of
undertakings who are licensed for European transport are forbidden to
undertake transport to any place outside Europe. (The Transport of
Emigrants Act, 1861-1869, sections 7 and 17.)
NORWAY.—A licence may be granted to a shipowner, a charterer, or
a shipping company, or to the head of a transport undertaking called an
emigration agent, subject t o payment of a deposit sufficient to cover the
responsibility of the agent, whoever he may be, towards the emigrants with
whom he deals and any obligations imposed upon him by the regulations
on the transport of emigrants.
A shipping company may only have one agent in each district specified
on the licence. No agent may carry on his work outside his own district.
An infringement of the emigration laws may cause the immediate withdrawal of the licence. (Act of 22 May 1869, sections 1 and 2, and Regulations
of 18 December 1899, sections 1 and 12.)
POLAND 1.—In order to obtain a licence in Poland, foreign shipping
companies must appoint a general representative in the country. The general
representative of a licensed company must be resident in Poland and, as
a general rule, either be a Polish citizen or of the same nationality as the
company. He may not be appointed without the sanction of the Emigration
Office. The company must pay a deposit and accept certain conditions
specified on the agreement which has to be signed by the company.
Should a Polish shipping company be established for the European section
of the journey, t h a t company would take precedence for the transport of
emigrants from Polish ports or from the port of departure of trans-oceanic
ships if, in the opinion of the Emigration Office, the conditions of transport
offered by t h a t company were equal to those offered by foreign companies.
(Model Licence for Transport Undertakings, 1925, sections 2 and 28.)
PORTUGAL.—Portuguese emigration legislation distinguishes between
representatives of shipping companies (agentes or consignatarios das empresas
or companhias de navegaçâo), licensed to transport emigrants, and passage
and passport agents (agentes de passagens e passaportes) licensed to sell
tickets, to conclude passage contracts, and to aid emigrants to obtain the
documents necessary for the journey (certificates, passports, etc.).
Portuguese and foreign shipping companies wishing to transport emigrants
must place before the General Emigration Department a formal declaration
stating their intention and their readiness to accept the conditions imposed
upon them by the EmigrationDecree of 10 May 1919 and its regulations, and
to accept responsibility for all penalties to which their representatives or
agents in Portugal might be liable through faults committed when fulfilling
1
See Supplement I : Decree of 11 Oct. 1927.
202
CONCLUSION OF THE TRANSPORT CONTRACT
these obligations. They must attach a list of all the ships to be used by the
company for the transport of emigrants, together with the ports of departure.
At least twenty days' notice of any change must be given to the General
Emigration Department.
A licence to become a passage and passport agent may not be granted
to holders of municipal or governmental office, or to persons who have been
convicted of clandestine or illegal emigration until five years after such
conviction. Upon a second offence all right to obtain a licence is forfeited.
For other infringements of the provisions of the Emigration Decrees, this
right is forfeited for a period of two years. These licences are not transferable, and are only valid for the district for which they have been granted.
(Regulations of 19 June 1919, sections 90, 92, 96, 97, 103 and 105.)
Colonies.—The Decree of 14 October 1914, sections 136, 137, and 138,
stipulates that a licence is necessary for the transport of more than ten
indentured native workers or settlers from one colony to another. A licence
may be granted to a Portuguese company when one exists that undertakes
the journey, and, failing this, to a foreign company, provided t h a t it submits
to all legal provisions concerning such transport. Each colony may impose
its own obligations concerning the equipment of the ship and conditions of
transport. At the end of the journey a certificate must be issued to the
master upon evidence that he has fulfilled all legal obligations. Should
this not be the case a fine is imposed.
A licence for the transport of natives recruited in Angola and proceeding
to St. Thomas and Principe must indicate the maximum number of African
emigrants that the ship can carry and the penalty incurred by the master
of the ship if this number is exceeded. (Modus vivendi of 28 April 1926,
section 16.)
RUMANIA.—When granting a licence, the Government takes into
consideration the type of ship used and the conditions under which the
transport is made and the ports of departure and arrival. The districts in
which undertakings may carry on their activities and the route to be followed
are stated on the licence. (Act of 11 April 1925, section 58.)
S E R B - C R O A T - S L O V E N E KINGDOM.—Third-class and steerage
tickets may only be sold to shipping companies which have obtained a licence
from the Minister for Social Affairs. This licence is not transferable and
is not granted, in general, to undertakings other than those embarking
Yugoslav emigrants at Yugoslav ports. However, when Yugoslav ports
are not sufficiently organised to take such traffic, a licence may be granted
to companies embarking Yugoslav emigrants from foreign ports, provided
t h a t an inspector of the Emigration Department shall be maintained at the
foreign port of departure, whose expenses shall be defrayed by the licensed
company. The Minister for Social Welfare, with the sanction of the
Council of Ministers, shall decide which of the companies applying for
a licence of this kind shall receive it. Yugoslav companies may obtain
a licence under special terms, provided t h a t such privileges and exceptions
are not contrary to the interests of the emigrant or to the State, and t h a t
transport conditions are satisfactory. The Council of Ministers may a t
any time withdraw or modify a licence issued to a shipping company.
The licence granted to transport companies defines the exact route to be
used for the transport of emigrants. Both Yugoslav and foreign licensed
companies must submit to all the provisions of the Emigration Act. They
must pay a deposit and a fee for every ticket sold. (Act of 30 December
1921, sections 10, 13, 14, and 23-29, and Regulations of 30 July 1923,
sections 10-21.)
SPAIN.—The head of a transport undertaking, who must be a shipowner or a shipping agent, must be a Spaniard and reside in Spain. I n t h e
HEADS OF TRANSPORT UNDERTAKINGS AND THEIR AGENTS
208
case of a company, it is enough if the board of directors have the said
nationality and residence. If the shipowner is not a Spaniard or if he resides
abroad, he must appoint a Spaniard resident in Spain to represent him.
A consignee appointed by a shipowner may also be granted a permit by the
local emigration committees provided that he is a Spaniard, is of age, is in
full possession of his civil rights, and has not been punished for any offence.
Further, no person fulfilling any public function may take up the occupation
of licensed consignee arranging for the transport of emigrants.
Heads of undertakings and all other persons, who in accordance with the
law, take part in the transport of emigrants, are subject to Spanish law and
jurisdiction in all questions concerning transport, and particularly to the
jurisdiction of the Emigration Inspection Services and the DirectorateGeneral of Emigration. (Consolidated Text of 20 December 1924, sections
24-26.)
SWEDEN.—A licence for becoming an emigration agent, that is to say,
a head of an undertaking for the transport of emigrants, is only granted
to a Swedish subject resident in Sweden who is in full possession of his civil
rights and of good character. The applicant for a licence must specify the
province in which he wishes to carry on his business and his intention to
transport emigrants to countries outside Europe, when this is the case.
A deposit must first be paid. Licences are granted for specified districts
and for transport, either to a European country or to a country outside
Europe, and are only valid for one year but may be renewed.
When the transport of Swedish emigrants is undertaken by an owner or
master of a ship who resides abroad, a representative must be appointed
who is resident in Sweden and has a written authority to act for him.
(Royal Order of 4 June 1884, sections 2, 3, and 54.)
SWITZERLAND.—All persons wishing to transport emigrants or sell
tickets must be licensed by the Federal Council. A licence is only granted to
persons who can prove that they are of good character and are in full possession of their civil and political rights and that they are resident in Switzerland
and that they understand emigration affairs and are in a position to transport
emigrants insafety.
Agents and sub-agents must not be either officials or employees of the
Confederation. Applicants for licences must, in addition, declare that they
are not in the service of a shipping or railway company and are not dependent
in any way on such companies.
A licence as an emigration agent is not granted to foreigners if the laws
of the country of which they are subjects prohibit foreigners from acting
in a similar capacity. A licence is only granted upon payment of a deposit
and a fee. (Act of 22 March 1888, sections 3, 5, 6, and 10, and Regulations
for the execution of the Act, section 6.)
(c)
D E P O S I T S , LICENCES, AND F E E S
Transport companies must in general pay a fee upon receipt
of a licence, which is in some countries renewable yearly, and
must pay a deposit in a form fixed by the legislation of each
country—in most cases Government stock. This deposit serves
as a guarantee for the fulfilment of obligations undertaken b y
a transport company, for the payment of compensation due t o
t h e emigrant or of fines due t o the State for infringement of t h e
204
CONCLUSION OF THE TRANSPORT CONTRACT
law. When a deposit has been reduced b y such payments
below a certain limit, it must be brought u p t o the full a m o u n t .
E a c h country fixes its own limit. The deposit is returnable
within a certain period after t h e lapse of t h e licence, t h e period
varying from country t o country (six months in Belgium, one
year in Switzerland, two years in Sweden, three years in Czechoslovakia). If a t this date a n y action for t h e recovering of damages
is pending or if a n y obligations with regard t o emigrants who
have been transported are still outstanding, a sufficient sum t o
cover all such liabilities is retained.
In some countries transport undertakings must p a y a fee per
emigrant transported. These different fees form one of t h e
chief sources from which State funds for emigration are drawn.
FRENCH MANDATED TERRITORY : Syria and Lebanon.—
In order t o obtain a transport licence, a deposit of 1,000 Syrian pounds *
must be paid t o t h e Treasury of each State for which a licence is required.
This deposit is liable t o be increased by t h e Governor if t h e extent of t h e
activities of the undertaking warrant it.
Special regulations approved by the High Commissioner are in force in
each State to determine the form in which t h e deposit shall be paid, t h e
interest to be given, and t h e conditions under which it shall be refunded.
(Order No. 2975 of 4 December 1924, section 4.)
AUSTRIA.—Transport companies must pay a deposit of one million
crowns as guarantee of their ability t o meet their obligations. (Regulations
of 27 June 1921, section 32.)
BELGIUM.—Under t h e Order of 25 February 1924, section 12, the head
of a transport undertaking is required to pay a deposit of 100,000 francs 2.
This deposit shall consist either of Government stock or be paid in cash. The
interest on t h e latter is paid a t a rate fixed by t h e Deposits Act. Moreover,
under sections 19 and 20 of the same Order, he is required t o insure
himself for an amount equal to the cost of the transport of the passengers
and the value of the provisions for the voyage. This amount is increased
sufficiently t o cover all risks of loss or compensation due to total or partial
inability to carry out t h e transport contract. I n cases of trans-oceanic
transport, this increase is calculated a t 50 per cent, of the fare for each
adult passenger. If t h e head of the undertaking has not been able t o
effect such insurance in time, he is required to pay the amount in question
to t h e Deposit Fund (Caisse des depots et consignations). This amount will
only be refunded when an insurance policy, or an official certificate stating
t h a t the ship has safely arrived a t its destination, has been laid before the
Emigration Committee of Inspection. When, during the journey, t h e
amount of the insurance or deposit has been spent, wholly or in part, the
head of t h e undertaking must make u p t h e deficit.
CZECHOSLOVAKIA.—The deposit, which is fixed by the Minister
of Social Welfare, must not be less than 300,000 crowns 3 . Similarly,
1
One Syrian pound = approximately 3s. 4Jd.
One Belgian franc = approximately 1 '4d.
3
One crown = approximately Is. lid-
2
HEADS OF TRANSPORT UNDERTAKINGS AND THEIR AGENTS
205
a deposit of a t least 100,000 crowns is required before an agent may be
appointed. If the value of the deposit should diminish, the head of the
undertaking or the agent must bring it up to the full amount within
fifteen days after notification.
s
In any case a fee of 10,000 crowns must be paid upon receipt of a transport
licence. (Act of 15 February 1922, section 14.)
DENMARK.—The Transport of Emigrants' Act of 1 May 1868, section 5,
states that deposits shall vary between 3,000 and 10,000 kroner 1. If the
agent is authorised to transport emigrants beyond the port of disembarkation
the deposit must not be less than 7,000 kroner.
F R A N C E A N D COLONIES.—See Chapter VI, § 1, (c).
GERMANY.—The Act of 9 June 1897 fixes a minimum deposit of
5,000 marks 2 for heads of undertakings and of 500 marks for agents
(sections 5 and 14).
G R E A T BRITAIN.—No one is permitted to act as a passage-broker,
t h a t is to say, a person concerned in the sale of steerage passages for places
out of Europe and not within the Mediterranean Sea, unless he has entered
with two good and sufficient sureties into a joint and several bond to the
Crown in the sum of £1,000.
The Emigration Officer may, in lieu of two securities, accept the bond
of any guarantee society approved by the Treasury. No licence may be
granted unless the applicant has given the Board of Trade a t least fourteen
days' notice of his intention to apply for it. (Merchant Shipping Acts,
1894-1906, sections 342 and 343.)
Colonies.—In Hongkong, the master of a ship applying for a licence
shall enter into a bond with two sufficient sureties approved by an emigration
officer in the sum of £1,000, The owners or charterers, or their respective
agents, or the master of the ship shall also pay to the Emigration Officer
a fee of 15 dollars 3 , and in the case of an out-port licence 5 dollars. (Asiatic
Emigration Ordinance, 1915, section 16.)
In Mauritius every employer desiring to ship any one or more emigrants a t
the time of his applying for a pass shall execute a bond, together with two
solvent sureties residing in the colony in favour of the Collector of Customs,
in a sum approved by the Governor. (Emigration Ordinance, 1925.)
In the Solomon Islands the officer granting a licence to the master of a
ship used for the purpose of carrying natives may require such surety as
he deems necessary t h a t the conditions of the licence will be observed.
(Regulation to amend the Law relating to the Recruiting, Engagement and
Employment of Native Labourers, 1921.)
GREECE.—Emigration and transport agents must pay a deposit in cash
or consisting of treasury bonds, the amount of which is fixed by the Minister
for the Interior and varies between 25,000 and 100,000 drachmas *.
A fee of 1,000 drachmas must be paid upon receipt of the annual licence.
Licensed representatives of agents or sub-agents must pay a n annual fee
of 200 drachmas. (Emigration Act of 24 July 1920, sections 12, 15,
and 16.)
HAITI.—See Chapter VI, § 1, (c).
1
One krone = approximately 1 'Is.
One mark = approximately Is.
One Hongkong dollar = approximately Is. 6d. (28 Jan. 1928).
4
One drachma = approximately 07d.
2
3
206
CONCLUSION OF THE TRANSPORT CONTRACT
HUNGARY.—The Emigration Act of 1909 fixed the deposit a t
100,000 crowns 1 . The representative of a foreign undertaking must also
deposit 50,000 crowns.
ITALY.—Fees, deposits, and licences payable by carriers of emigrants
were fixed by the consolidated text of the Emigration Act, section 18,
but under subsequent Decrees the amounts of such fees, deposits ,and licences
have been altered. The amount of the deposit payable by carriers of
emigrants (vettori di emigranti) is fixed in each case by the Minister of Foreign
Affairs, with a minimum of 3,000 lire 2 produced by Government bonds.
The annual licence of 6,000 lire for every ship registered must also be paid
(Decree of 31 August 1922). The licence for a single journey to the United
States is the same (Decree of 18 June 1922).
Sub-agents must pay a fee of 50 lire upon approval by the General
Emigration Department. Moreover, carriers must pay to the Emigration
Fund a fee for each emigrant transported (section 26). The Decree of
29 July 1924 raised this fee from 8 lire to 90 lire for each whole ticket, from
4 lire to 45 lire for each half ticket, and from 2 lire to 22.50 lire for each
quarter ticket.
The fees to be paid by the carrier or the master of a ship licensed by the
consulate for the return journey when transporting emigrants from a
trans-oceanic port to an Italian port amount to three-quarters of the fees
fixed for the journey out. (Royal Decree, No. 1801 of 30 September 1926.)
JAPAN.—The deposit is fixed in each case by the Minister for Foreign
Affairs. (Emigrants Protection Act, 1896-1907, section X X , 3, and
Regulations for the application of the said Act, 1906-1908, section LXVI.)
Korea.—The deposit is fixed in each case by the Minister of the Interior
and must not be less than 10,000 yen 3 . (Emigrants Protection Act,
1906-1908, section V.)
LITHUANIA.—In all taxation questions the Emigration Act of 18 July
1922 ranks emigration undertakings, their branches, and agencies together
with so-called first-class commercial undertakings.
The deposits fixed by the Act of 1922 were modified by the Act of 20 March
1925. At present heads of transport undertakings must either pay t o
the Treasury a deposit of 14,000 litas 4 or, with the sanction of the Finance
Minister, deposit interest-bearing securities or similar guarantees for an
equal sum. Managers of branches or agencies of a transport undertaking
must pay a deposit of 5,000 litas.
NETHERLANDS.—The deposit is fixed by the Supervising Committee,
and must not exceed 10,000 florins 5 for the transport of emigrants t o
countries outside Europe and 5,000 florins for transport to European
countries. In cases of a personal deposit for representatives of an undertaking, such persons must be resident in the Netherlands and be recognised
by the Committee. Moreover, the head of the undertaking must effect an
insurance by which the insurance company undertakes to repay the
expenses which would be incurred, in case of accident a t sea, in providing
lodging and food for the emigrants during the time occupied in repairing
the ship, or in arranging for transport to their destination if the ship is unfit
to continue the voyage. The sum insured must be at least equal to the total
1
One Hungarian gold crown = approximately 9d.
One lira = approximately 2 7d.
One yen = approximately Is. 10id.
4
One litas = approximately 5d.
5
One florin = approximately Is. 8d.
2
3
HEADS OF TRANSPORT UNDERTAKINGS AND THEIR AGENTS
207
cost of the tickets plus 50 per cent. If the amount insured is wholly or
partly exhausted, the head of the undertaking must send to the Supervising
Committee, within a specified period, a new insurance policy for an amount
equal to the original sum or to the amount already used. If the amount
of the insurance is not recoverable the head of the undertaking remains
personally responsible for the transport of the emigrants. (Transport of
Emigrants Act, 1861-1869, sections 7 and 13.)
NORWAY.—According to the Act of 22 May 1869, section 2, persons
licensed to transport emigrants must pay a cash deposit to be fixed by the
Chief of Police, varying between a minimum of 2,000 and a maximum
of 7,000 daler 1 or provide an equivalent guarantee to be accepted by the
same authority. The minimum deposit payable for transport to countries
outside Europe is 5,000 daler.
Moreover, the Act of 5 June 1897, section 2, and the Regulations of
18 December 1899, section 10, stipulate that a fee of 0.50 krone must be paid
for each emigrant transported.
POLAND 2 .—The deposit to be paid as a guarantee t h a t all obligations
concerning Polish emigrants will be met is fixed a t 20,000 zlotys * for the
chief representatives of licensed companies, and at 5,000 zlotys for the
managers of provincial offices.
A fee of l£ per cent, of the total value of each ticket "pre-paid" sold
must be paid to the State Treasury by the company. This fee is refunded
in cases where emigrants are not permitted to embark or are refused
admittance into the country of destination. (Model Licence for Transport
Undertakings, 1925, sections 3 and 9.)
PORTUGAL.—Under Decree No. 9672 of 13 May 1924, the deposit
payable by emigration agents responsible for the transport of emigrants
and that payable by passage and passport agents is raised from 6,000 escudos 4
to 20,000 escudos and from 3,000 escudos to 10,000 escudos respectively.
The annual fees payable by emigration agents are fixed a t 5,000 escudos
and those payable by passage and passport agents a t 250 escudos.
(Regulations of 19 June 1919, section 84.)
Colonies.—The master of a ship must pay a deposit of 2,000 escudos
as guarantee for the transport of native workers recruited in the colonies.
(Decree of 14 October 1914, section 136.)
RUMANIA.—A licence is only granted upon payment of a deposit t h a t
shall in no case be less than 10,000 gold lei 6 , and agents of a transport
undertaking are required to pay a deposit as fixed by the Minister of Labour
which shall not be less than 2,000 gold lei. (Act of 11 April 1925, sections 18
and 19.)
SERB-CROAT-SLOVENE KINGDOM.—The deposit, fixed at
500,000 dinars 6 , payable in cash or consisting of Government bonds, is paid
to the National Bank, all expenses being defrayed by the depositor. When
this deposit has been reduced below 400,000 dinars, the owner of the undertaking is required to bring it up to the full amount of 500,000 dinars.
A fee of 250 dinars, as fixed by the Regulations of 30 July 1923, must be paid
1
A n obsolete coin approximately equal to one krone (Iß. Id.).
See Supplement I : Decree of 11 Oct. 1927.
One zloty = approximately 5 ed4
One escudo = approximately 2 éd.
5
One len = approximately lOd.
8
One dinar = 0.9d.
2
3
208
CONCLUSION OF THE TRANSPORT CONTRACT
by licensed companies for each ticket sold. This fee shall not be paid by the
emigrant or included in the cost of the journey. Further, an inspection fee
of 50 dinars must be paid for each emigrant transported, Yugoslav or
foreign. (Act of 30 December 1921, sections 13 and 14, and Regulations of
30 July 1923, section 22.)
SPAIN.—The amount of the deposit is fixed as follows : for charterers
or shipowners, both Spanish and foreign, a t 50,000 pesetas 1, payable in
cash or consisting of Government Bonds ; for consignees a t 25,000 pesetas;
for ticket agencies at 2,000 pesetas for each shipping company represented.
When the deposit has been spent wholly or in part in order to cover
liabilities incurred it must be brought up to the full amount.
The annual licence payable by foreign shipowners or charterers or their
representatives varies between 10,000 and 25,000 pesetas according to the
number of emigrants that can be embarked; t h a t payable by the consignees
varies between 1,000 pesetas and 5,000 pesetas according to the number of
emigrants embarked; and that payable by ticket and information bureaux
varies between 100 and 1,000 pesetas according to the number of tickets sold.
Moreover, Spanish and foreign companies must pay to the Emigration
Fund 5 pesetas for each emigrant or immigrant ticket sold and 2.50 pesetas
for each half ticket. (Consolidated Text of 20 December 1925, sections 24
and 25, Regulations of same date, sections 63 and 64, and Royal Order
of 5 July 1926.)
SWEDEN.—The deposit varies from 10,000 kronor to 60,000 kronor 2.
If the agent declares that he intends to arrange for the transport of emigrants
beyond the port of disembarkation, the deposit cannot be less than
20,000 kronor. (Order of 4 June 1884, section 3.)
SWITZERLAND.—Emigration agents must pay a deposit of 40,000
francs 3, and on the appointment of each sub-agent must deposit an additional sum of 3,000 francs. Persons who make it their business to sell
tickets for the journey must deposit 20,000 francs. Deposits must consist
of Federal or cantonal bonds or of other adequate securities. Bank charges
are payable by the depositors. The annual fee payable for a license is
50 francs. (Regulations of 10 July 1888, section 24.)
(d)
MANAGEMENT OF TRANSPORT
UNDERTAKINGS;
AGENTS AND SUB-AGENTS
I n s o m e c o u n t r i e s t h e formalities for t h e e s t a b l i s h m e n t of
offices of t r a n s p o r t c o m p a n i e s on n a t i o n a l t e r r i t o r y (agencies,
i n f o r m a t i o n b u r e a u x a n d t i c k e t offices, e t c . ) , a n d for t h e a p p o i n t m e n t of a g e n t s a n d s u b - a g e n t s c o n t r o l l i n g t h e m , a r e d r a w n u p
in t h e e m i g r a t i o n l a w s . I n m o s t c o u n t r i e s a licence is r e q u i r e d ,
a n d i n a n y case n o t i c e of t h e e s t a b l i s h m e n t of s u c h offices, e t c . ,
m u s t be g i v e n a n d all c h a n g e s on t h e staff m u s t b e r e p o r t e d .
Generally,
1
2
3
persons
wishing t o
One peseta = approximately 84d.
One krona = approximately l'ls.
One Swiss franc = approximately lOd.
be
appointed
must
furnish
HEADS OF TRANSPORT UNDERTAKINGS AND THEIR AGENTS
209
certain qualifications, and sometimes certain disqualifications
are stated. I n some cases a deposit must be paid for each
employee or a t least for the manager of each office.
The activity of every member of the staff m a y be limited
either t o one district or t o a certain p a r t of the business. I n
m a n y countries agents are forbidden t o do business outside
the offices of the agency, t h a t is t o say, t o act as "travellers".
Frequently a list of t h e agencies of a transport undertaking
a n d of their staff must be p u t before certain specified authorities.
I n some countries this list is made public either b y insertion
in a newspaper or b y being posted u p in the offices of t h e undertaking.
The head or chief representative of a transport undertaking
is responsible for all business done by his employees. H e is
also held responsible for t h e consequence of any fault or infringement of t h e emigration regulations of which t h e y m a y be guilty.
Fines and damages t h a t are not paid b y the agent or sub-agent
can be recovered from their immediate superior,. When t h e
liability of employees is covered by a deposit, this sum is spent
first and supplemented if necessary from the deposit paid b y t h e
head or chief representative.
FRENCH MANDATED TERRITORY : Syria and Lebanon.—
Licensed emigration companies or agencies may appoint representatives
in the different districts in which they intend to carry on their activities.
These representatives must be provided with an official power of attorney,
which is only valid when endorsed by the governor of the State in question
or by an officer specially appointed for this purpose. A list of the agencies
of such companies in Syria and of the names of employees representing them
must be put before t h e High Commissioner, his representatives in each State,
the governors of these States, and special emigration officers. A licence
may be withdrawn from an emigration company or agency in consequence
of any default on the part of its representatives. (Order No. 2975 of
4 December 1924, section 9.)
AUSTRIA.—According to the Regulations of 27 June 1921, companies
licensed for t h e transport of emigrants may only carry on their business
in Austria in agencies approved by the authorities. All agencies, branches
(Agentur and Èxpositur), etc., must be controlled from a head office (Repräsentanz), which must be established in Vienna, and which must itself be
controlled directly from the central organisation of the company, and not
from any secondary office established in a foreign country. The company
may sell tickets in any travel agency (Reisebüro) possessing the required
licence.
The name of the manager of each agency, together with details concerning
the extent of his authority, must be laid before the Government of the
country (Landesregierung) in which the agency is established. Permission
to become the manager of an agency is only granted t o Austrian citizens
who are in full possession of their civil rights, resident in Austria, and
15
210
CONCLUSION OF THE TRANSPORT CONTRACT
capable of carrying out the work entrusted to them. However, foreigners
who were already employed as managers of agencies on 1 January 1921
(before the publication of the above-mentioned Regulations) have been
permitted to keep their positions.
A list of the clerks employed in each agency, together with details of
the work undertaken by them, must be put before the local police. Changes
on the staff must be notified within eight days.
The following persons may not become managers, representatives, or
employees of transport undertakings : public officials, Members of Parliament, priests, teachers, lawyers, doctors, hotel-keepers or innkeepers or
their staff, representatives or employees of transport undertakings or of
travel agencies, other t h a n those officially licensed, or members of their
families living with them.
The members of the staff of transport agencies are forbidden to take any
part in the transport of emigrants on their own account. They may at
any time be dismissed upon request of the Austrian Government.
Employees of transport companies may not work outside the authorised
offices, unless a special permit has been obtained. This permit is only
temporary and may at any time be withdrawn. I t is granted in order t h a t
emigrants may be met and helped both upon arrival and upon departure.
Employees undertaking these duties must wear a distinctive badge and must
always have with them the official permit as issued by the local police.
The central office representing the transport company is responsible for
all the activities of the different agencies of the company in Austria.
(Regulations of 27 J u n e 1921, sections 3, 4, 5, and 6.)
BELGIUM.—According to the Order of 25 February 1924, section 14,
the head of a transport undertaking may appoint licensed sub-agents in
Belgium to engage emigrants. These sub-agents must be legally appointed
by a licensed head of a transport undertaking and be approved by the local
authorities. Their appointment is only valid for one year.
The emigration officer must enter the names of such licensed sub-agents
in a book kept for the purpose.
The head of an undertaking is responsible for the acts of his representatives and employees both in Belgium and abroad.
A list of those persons whose profession or trade prohibits them from
being employed by a transport undertaking is given under (b) of this
section.
CZECHOSLOVAKIA.—The carrier may be licensed to open other
agencies in different parts of the country, besides the head office that he is
obliged to establish in Prague. These agencies must be under the control
of one permanent representative, who must be approved by the Minister of
Social Welfare. His name, and the extent of his authority, must be
submitted to the said Minister.
These representatives must be citizens in full possession of their civil
rights, and present all guarantees regarding the carrying out of the work
entrusted to them. The following persons are excluded from becoming
representatives : officials or employees of the State, a province, a municipality, a district, or of a railway company, Members of the National
Assembly or of organisations representing a province or a commune, priests,
teachers, lawyers and notaries, doctors, hotel-keepers or innkeepers, or
members of their families living with them.
Carriers or their representatives are prohibited from making use of intermediaries (travel agencies, private agents, etc.) in the carrying out of their
business, and from engaging persons to work outside their offices. However,
a licence may be obtained to employ outside persons for receiving and sending
off emigrants a t special places. This licence is only granted for a specified
period and may at any time be withdrawn. These persons must be provided
with an official identity card and wear a distinctive badge. No persons
HEADS OF TRANSPORT UNDERTAKINGS AND THEIR AGENTS
211
disqualified as representatives of an agency may undertake these temporary
duties.
Carriers must transmit to the Minister of Social Welfare a list of their
employees showing the exact work done by each one. Changes in the
position or in the duties of any employee must be reported within eight days.
Carriers are legally responsible for all acts of their employees in so far as
they are connected with the transport of emigrants. Carriers and their
representatives are jointly and severally responsible for the acts of the
employees of the latter. (Act of 15 February 1922, sections 14,15, and 17.)
DENMARK.—The general agent of a transport company must provide
all persons acting for him with a written authority, endorsed by the police,
specifying the district in which they may work. No new office may be
opened without a licence.
The transport agent is responsible for all infringement of the law of which
his subordinates may be guilty. (Act of 1 May 1868, section 7.)
FRANCE.—Representatives of transport undertakings must be provided
with a certificate available for one year, whereby the head of the transport
undertaking assumes all responsibility for the acts of his representative.
(Decree of 9 March 1861, section 4.)
Colonies.—Companies or agencies are responsible for the activities of
their representative in all business relating to the transport of natives.
(Madagascar : Decree of 6 May 1903, section 7; Somali Coast : Decree
No. 320 of 6 September 1920, section 18.)
GERMANY.—Heads of transport undertakings (Unternehmer) may
establish agencies managed by representatives (Stellvertreter), who must be
licensed by the Minister for the Interior. They may also appoint agents
to assist on the commercial side of the business (Agenten), provided
that such agents are licensed. This licence is obtainable from the chief
administrative authority in the district where they work, or where they
reside. I t is only granted t o German subjects who have been legally
appointed by a licensed owner. A deposit must be paid.
No owner of a transport undertaking acting as such may employ persons
other than duly licensed agents, nor shall such agents employ any unlicensed
person. (Emigration Act of 1897, sections 3, 9, 11, 12, 16, and 17.)
GREAT BRITAIN.—Licensed passage brokers may appoint agents,
but such appointment must be approved by an emigration officer of the
Board of Trade. (Merchant Shipping Act, 1894, section 345.)
An agent must not appoint sub-agents, and must not sell tickets other
than those handed to him by the broker who employs him. (Instructions
relating to Emigrant Ships, 1920, section 75.)
Emigrant runners are assistants whose activities are regulated by law.
According to the Merchant Shipping Act, an emigrant runner is any person
other than a licensed passage broker or his clerk who for hire or reward gives
any intending emigrant information or assistance in any way relating to
emigration. The emigrant runner must obtain a licence from the proper
licensing authority. This licence, which must be renewed annually, may
be forfeited for certain acts of misconduct. A person who desires to obtain a
licence as emigrant runner must present a recommendation in writing from
an emigration officer or from the local chief constable.
Passage brokers must keep exhibited in their offices a list of the names
and addresses of persons authorised to act as agents or as emigrant runners,
and must transmit such a list once a month to the emigration officer nearest
to their place of business. They must also report to the emigration officer
every discharge or fresh engagement of an agent or an emigrant runner
within twenty-four hours of the same taking place.
212
CONCLUSION OF THE TRANSPORT CONTRACT
The acts and defaults of any person acting under the authority or as an
agent of a passage broker are deemed to be also the acts and defaults of the
passage broker. (Merchant Shipping Act, 1894, sections 341 and 345-352.)
Colonies : Hongkong.—The Asiatic Emigration Ordinance, 1915 (section 40), stipulates t h a t no licensed passage broker shall act has agent for
any person without written authority.
Solomon Islands.—Under the terms of the Solomon Islands Labour
Regulation, 1921, section 10, no person may give money or goods to any
native in consideration of his permitting or inducing others to be recruited.
Windward Islands.—The laws of Saint Lucia and Saint Vincent stipulate
that any recruiting agent who shall employ or authorise any person to
engage, procure, or induce any labourer to proceed to a notified place,
or who shall give remuneration or reward to any person who as so acted
shall be liable to a fine not exceeding £50 in respect of each such offence.
(Saint Lucia : Emigrants Protection Ordinance, 1916, section 9, (c) ;
Saint Vincent : Emigrants Protection Ordinance, 1924, section 9, (c).)
GREECE.—Persons licensed to carry on transport undertakings may
appoint representatives or sub-agents. They are directly and entirely
responsible for all acts or omissions of their representatives t h a t may be
contrary to the emigration laws.
Holders of governmental or municipal office, and persons who are disqualified by the Minister of the Interior upon failure to produce the required
guarantees of good character are forbidden to act as representatives or
sub-agents.
Representatives and sub-agents must pay a fee upon receipt of a licence.
This licence is valid for one year and can be renewed under the same conditions
provided t h a t the licence of the head agent is still valid or has been legally
renewed. (Act of 24 July 1920, section 16.)
HUNGARY.—Besides the head office of the agency at Budapest, other
offices and agencies may be opened in ports or a t certain frontier stations,
provided that a licence is obtained from the Minister of the Interior. This
licence is only granted if the increase in emigration makes the establishment
of such offices advisable. They may only be managed by persons fulfilling
the same conditions as those required of heads of undertakings. (See
under (b).)
Both the managers and staff of these agencies must be licensed by the
Minister of the Interior.
Licensed undertakings for the transport of emigrants are forbidden to
conclude any contracts concerning emigrants with unlicensed undertakings.
In all commercial transactions concerning emigration the head of the
undertaking is responsible for the business done by his employees. The
representative is primarily responsible for employees in agencies, and after
him the head of the undertaking himself. (Emigration Act of 1909, sections 11, 12, and 17.)
ITALY.—According to the consolidated text of the Emigration Acts
(13 November 1919), navigation companies or carriers of emigrants may
only appoint representatives upon approval by the Emigration Office and
with the sanction of the proper authorities. Only Italian citizens may obtain
a licence to represent transport undertakings, and this licence is not
transferable.
Several carriers may, upon mutual agreement, appoint the same representative, provided that they notify the Emigration Office of their intention.
No agent may embark emigrants on ships other than those belonging to
the carrier whom he represents.
The appointment of representatives of foreign carriers is only authorised
by the General Emigration Department. This authorisation is either
HEADS OF TRANSPORT UNDERTAKINGS AND THEIR AGENTS
213
granted by the licence, or subsequently upon the advice of the permanent
committee and under such conditions as it shall impose.
Carriers who employ unlicensed persons to represent them are liable
t o a fine (sections 22 and 68).
The carrier must submit to the Emigration Office a list of his representatives
for whom he is entirely responsible, even to the extent of drawing upon his
personal deposit if this should be necessary. He must also be responsible
for all those carrying out transport in his name, notwithstanding any
agreement to the contrary. Any contract limiting or denying such responsibility is null and void, even if it should include a reduction of the passage
money (section 22).
MEXICO.—Shipping companies, immigration and emigration companies,
colonisation companies, and undertakings for transport by air are financially
responsible for all infringements of the law of which their employees and
agents may be guilty; consequently, fines not paid by persons convicted
are recoverable from the company itself. (Migration Act of 12 March 1926,
section 100.)
NORWAY.—All paid employees of a transport undertaking receiving
a fixed wage or other payment are considered as sub-agents. Sub-agents
must be provided with a written authority by the licensed agent who appoints
them. If their work extends outside the district in which this agent resides,
they must send to the local authorities a certificate of good conduct issued
by the police in the district in which they reside.
Emigration agents are entirely responsible for all acts of their representatives or sub-agents. (Act of 22 May 1869, section 3, and Regulations of
18 December 1899, section 2.)
POLAND 1.—No licensed company may establish any agencies or offices
for the sale of third-class or steerage tickets without a licence from the
emigration office.
Managers of provincial agencies may only be appointed upon approval
by the emigration office, and must be resident in Poland or Danzig.
Only persons of Polish nationality may become managers of transport
agencies either Polish or foreign.
Licensed companies must transmit to the emigration office a complete
list of the names and addresses of all persons employed by them, together
with a list of all their agencies in Poland. Subsequent changes in such
lists must be reported immediately to the emigration office. (Model Licences
for Transport Undertakings, 1925, sections 2 and 6.)
PORTUGAL.—Under the Emigration Regulations of 19 J u n e 1919,
licensed emigration agents and passage and passport agents are permitted
to employ a permanent staff to assist them in carrying out their work or
to engage persons to act for them during any temporary absence. They
must, however, inform the General Emigration Department of their
intention, and assume entire responsibility for their employees. Identity
cards are issued to such employees by the General Emigration Department.
Sub-agents of shipping companies whose activities are limited to the sale
of tickets to emigrants are not required to obtain a licence. I t is necessary
to distinguish between these agents and so-called passage and passport
agents who take part in all business concerning the transport of emigrants.
The Regulations concerning these agents have been examined under (b).
The names of all licensed owners of undertakings for the transport of
emigrants, together with a list of the ships used, are sent by the Emigration
Department to diplomatic and consular agents abroad, and appear in
1
See Supplement I : Decree of 11 Oct. 1927.
214
CONCLUSION OF THE TRANSPORT CONTRACT
official publications.
and 89.)
(Regulations of 19 June 1919, sections 74, 75,
RUMANIA.—The conditions under which agents of transport companies
may obtain a licence are as follows : they must be Rumanian citizens resident
in the country and in possession of certificates of good character, must not
have been convicted of any offence, and must pay a deposit. They m a y
at any time be dismissed upon demand of the Labour Minister. A list of
all licensed agents and representatives must be posted up in the offices of
agencies. The head of the undertaking is responsible for all faults of which
his employees may be guilty. (Act of 11 April 1925, sections 19,21, and 26.)
SERB-CROAT-SLOVENE KINGDOM.—All business relating to
the transport of emigrants is carried out in the Kingdom by agencies t h a t
take the place of the undertakings they represent, or by intermediary persons
who must be Yugoslav subjects, resident in the Kingdom, and must constitute themselves as a Yugoslav firm. A list of any new agencies to be
established must accompany the application for a licence and such agencies
as are approved by the Minister of Social Affairs are indicated on the licence.
Transport undertakings may only carry on their activities within the
districts for which they are licensed and they may not employ travellers.
Shipping companies must accept full legal responsibility for all acts
committed by their representatives. (Act of 30 December 1921, sections 23
and 25.)
SPAIN.—Licensed shipowners or charterers or their Spanish representatives, and their consignees, are permitted to establish information bureaux
and agencies for the sale of tickets in Spanish towns other than ports
set apart for the embarkation of emigrants, provided t h a t they have first
obtained a licence from the Directorate-General of Emigration.
The manager of an information bureau and ticket office must be a Spaniard,
have legal competence in commercial affairs, be of good reputation, and
not have been convicted of any offence against the emigration laws or be
suspected of taking any part in clandestine recruiting, directly or indirectly.
I n cases of a legal personality, the company must be legally constituted,
and those who represent it must conform to the above conditions.
Several transport companies may combine to use the same office for the
sale of tickets, provided that each company pays the required deposit
(see under (c)). (Consolidated Text of 20December 1924, section 36, Regulations of the same date, section 64, and Royal Order of 20 January 1925.)
SWEDEN.—An emigration agent (head of transport undertaking)
wishing to employ a representative must state the representative's name
and apply for a licence from the Governor of the province in which the
representative is to work. A licence is only granted if, in the opinion of
the Governor, the establishment of a representative is warranted by local
conditions, and provided that the person in question resides in the province
and possesses the same qualifications as those required of the agents
themselves (see under (b)).
An emigration agent is entirely responsible for all infringements of the
emigration laws of which his representative may be guilty. (Order of
4 J u n e 1884, section 4.)
SWITZERLAND.—Emigration agents may appoint sub-agents to
represent them,provided t h a t such sub-agents conform to the same conditions
as are imposed upon agents themselves, and t h a t their appointment is
confirmed by the Federal Council, but they are forbidden to employ any
unlicensed persons or sub-agents of other companies in any business
concerning emigrants.
REGULATIONS CONCERNING THE COST OF TRANSPORT
215
I t is forbidden to engage persons to work outside the agencies or to
travel in the interests of the undertakings.
Sub-agents may not do business outside the districts specified on the
application for a licence, unless a licence has been obtained from the Department of Foreign Affairs. They are forbidden to take part in any emigration
business on their own account under penalty of losing their licence. A fee
must be paid upon confirmation of the appointment of agents.
Each department must keep an exact account of the names of all licensed
agents and their sub-agents. These names are published by La Feuille
fédérale when the licence is granted or upon the confirmation of the appointment of sub-agents. Moreover, the names of all persons licensed to transport
emigrants are published in annual tables.
Agents are personally responsible to the emigration authorities and to
the emigrants themselves, both for their sub-agents and for their representatives abroad. (Act of 22 May 1888, sections 5, 7, and 8, and Regulations
of 10 July 1888, sections 20, 21, 22, and 34.)
(e)
R E M U N E R A T I O N OF THE E M P L O Y E E S OF TRANSPORT
UNDERTAKINGS
In order t o avoid any propaganda in favour of excessive
emigration, employees of transport undertakings are, in many
countries, forbidden b y law t o take any direct interest either
in t h e business undertaken by t h e m or in the proceeds of t h e
undertaking, b u t must receive a fixed wage.
Provisions of this kind are t o be found in the Austrian Regulations of 27 J u n e 1921, section 5, in the Czechoslovak Act of
15 February 1922, section 15, in the Hungarian Emigration Act
of 1909, section 13, in the Polish Model Licence for Transport
Undertakings, 1925, section 6, and in the Rumanian Migration
Act of 11 April 1925, section 19.
§ 2.—Regulations concerning the Cost of Transport
In most countries all questions concerning the cost of transport
are controlled by law and not left t o the decision of t h e transport
companies. Regulations are in force t o fix the price of transport,
t o publish this fixed price, t o prevent its being exceeded b y
additional charges, t o determine methods of payment, and t o
prevent the sale of tickets for shipping lines other t h a n those
run by the company selling the tickets.
216
CONCLUSION OF THE TRANSPORT CONTRACT
(a)
T H E F I X I N G O F T H E COST O F TRANSPORT
The cost of transport is determined in various ways. Some
countries require t h a t special tariffs for emigrants or for third
class or equivalent classes shall be submitted for approval t o
certain administrative authorities. Sometimes these tariffs are
revised at regular intervals (every three, six, or twelve months)
or before the departure of each ship. I n some countries the
prices are fixed by the competent department or b y a. special
emigration office and published b y Decree after consulting t h e
companies interested and the Emigration Council.
Usually all elements included in the cost of transport must
be stated (fare, keep, insurance, fees, etc.). Sometimes in
addition the methods of payment a n d certain conditions of
transport, such as the speed of the ship, are mentioned.
Alterations in the prices fixed or approved by the Government
are subject t o fresh approval. If licensed companies refuse t o
charge the official prices in spite of the decision of the Government, sometimes the Government may take exceptional steps,
such as requisitioning ships on which the emigrants are t o be
transported.
AUSTRIA.—All the licensed transport companies must submit to the
authorities the fares charged for transport by sea in the steerage, third class
and equivalent classes, t h a t is to say, in the classes t h a t , according to the
emigration regulations, are set apart for the transport of emigrants. Details
must also be given concerning the conditions of transport, together with
methods of payment and the speed of ships used in European ports for the
transport of emigrants and the time occupied by the journey to certain
specified ports. (Regulations of 27 J u n e 1921, section 10.)
CZECHOSLOVAKIA.—The carrier must notify the Ministry of Social
Welfare of the scale of charges both for passengers and luggage 14 days
before they come into force. During these 14 days the Minister may
order the scale to be amended if, in the opinion of the Government, the
approval of such a scale would give harmful stimulus to emigration or
direct it to one special country, or would permit emigrants to be exploited.
The carrier must be advised of any amendment. The period of 14 days
provided for as above may be reduced by the Ministry of Social Welfare
in urgent cases. (Act of 15 February 1922, section 24.)
GREECE.—Before the departure of ships the emigration agent must
submit for the approval of the Ministry of the Interior a tariff showing the
sums which the emigrants will have to pay, indicating a t the same time the
date on which this tariff comes into force. (Act of 24 July 1920, section 23.)
HUNGARY.—The Emigration Act of 1909 requires transport or emigration agents to communicate their transport rates to the Minister of the
REGULATIONS CONCERNING THE COST OF TRANSPORT
217
Interior, and forbids any unauthorised addition to these approved rates
(section 10).
ITALY.—Carriers must forward the proposed schedule of fares for thirdclass tickets to the General Emigration Department not later than
15 November, 15 March and 15 July. The Department decides as to the
approval of the fares after hearing the opinion of the Director-General of
the Mercantile Marine and of the Italian Chambers of Commerce abroad
in the principal centres to which Italians emigrate, and the current fares
in the principal foreign ports, particulars of which are to be supplied by the
Italian consuls in periodical reports.
Carriers must abide by the approved schedule of fares. If any carrier
does not do so, his licence for transport of emigrants is withdrawn.
If transport companies should agree to refuse t o transport emigrants a t
the official rates, the Government may authorise local committees and
recognised aid societies to act as representatives of the transport companies,
and special privileges may be granted to other companies, shipowners or
charterers, either Italian or foreign. If necessary, the Government may
cause the transport to be carried out by other licensed companies or authorise
emigrants to be transhipped in foreign ports, and take all other necessary
measures. (Consolidated Text, 13 November 1919, sections 31 and 32.)
JAPAN.—Undertakings for the transport of emigrants must submit a
schedule of fares for the approval of the authorities. (Emigrants Protection Act, codified in 1907, section X X , 5.)
LITHUANIA.—Emigration companies must submit rates of transport
and insurance to the Minister of the Interior for approval after consultation
with the Minister of Finance, the Minister of Commerce, and the Minister
of Industry and Transport. I t is forbidden to make any addition to the
approved rates. (Act of 18 July 1922, section 6.)
POLAND \—Companies for the transport of emigrants are forbidden
to charge higher fares for emigrants setting out from Poland than the lowest
fares charged for the same kind of transport from a foreign country to the
same destination.
Any alteration in the rates for passengers or luggage must be communicated
to the Emigration Office at least one month before its coming into force. In
exceptional cases the Emigration Office may reduce this period to 14 days.
Any increase in the tariff is subject to the above condition. Emigrants
who have already concluded a contract with the company before the higher
tariff came into force may not be asked to pay the higher rates. (Model
Licence for Transport Undertakings, 1925, section 7.)
RUMANIA.—The prices of emigrants' tickets must be transmitted
to the authorities for approval every three months, and must include the
cost of keep during the journey, of all necessary medical attention, and of the
insurance of the emigrant and of his belongings. These prices must be
quoted in Rumanian currency. (Act of 11 April 1925, section 26.)
SERB-CROAT-SLOVENE KINGDOM.—The price of tickets and
the company's obligations concerning them must be submitted for examination and approval to the Minister of Social Affairs once in three months.
Any proposed alteration must be submitted to the Minister of Social Affairs
one month before it comes into force. If a licensed company refuses to
transport emigrants a t the approved prices, its licence may be permanently
withdrawn and all necessary steps may be taken by the proper authority
i See Supplement I : Decree of 11 Oct. 1927.
218
CONCLUSION OF THE TRANSPORT CONTRACT
to ensure that there shall be no interruption in transport by the route
originally followed by the company which has been suspended. (Act of
30 December 1921, section 26.)
SPAIN.—The maximum price to be paid by emigrants for transport by
sea is fixed half-yearly by the Directorate-General of Emigration, after
consulting the shipping companies concerned and the superior Emigration
Council. I n no circumstances shall the price of an emigrants' ticket from
a Spanish port exceed t h a t of an emigrant's ticket of the same class from
a foreign port which is further from the port of destination. Tickets must
be printed with counterfoils and must be endorsed and stamped by an
emigration inspector before being sold. (Consolidated Text of 20 December
1924, sections 38 and 39, and Order of 20 January 1925, section 13.)
SWITZERLAND.—Emigration agents must communicate a schedule
of fares for each route followed by their ships to the Department for Foreign
Affairs, distinguishing clearly between the fare to the port of disembarkation
and the fare to the destination in the country of immigration. (Regulations
of 10 July 1888, section 39.)
(b)
P O S T I N G U P THE COST OF TRANSPORT
I n order t o ensure t h a t none b u t the official fares shall be
charged, some countries require t h a t these fares shall be posted
u p in public places where they may be easily seen b y persons
interested 1 .
FRENCH MANDATED TERRITORY : Syria and Lebanon.—
Under Order No. 2975 of 4 December 1924, shipping companies licensed
to transport emigrants are required to transmit a copy of their tariffs to the
High Commissioner, to his delegates in the various States and to the governors
of these States, and to the special emigration officers. They must also post
up copies of their tariffs in their head offices and in all branches in Syria and
Lebanon, and state whether these tariffs only cover the cost of transport by
sea in a specified class or whether they include the price of transport from
the place of residence to the port of embarkation, together with lodging
until the day of departure (section 9).
CZECHOSLOVAKIA.—The scales of transport charges must be posted
up in a prominent position in all offices of transport undertakings. (Act of
15 February 1922, section 24.)
RUMANIA.—Transport agents must post up a list of their transport
rates as fixed for the year in a prominent position in their head offices, and
must show that they have been approved by the Ministry. (Act of 11 April
1925.)
SERB-CROAT-SLOVENE KINGDOM.—The price of passenger
tickets must be stated in dinars and is not payable in foreign money in the
Kingdom. (Act of 30 December 1921, section 15.)
1
See Supplement I for Poland.
REGULATIONS CONCERNING THE COST OF TRANSPORT
219
(c) PROHIBITION OF ADDITIONAL CHARGES
In some countries rates of transport must be published in detail,
so that the different sums comprising the total fare and the items
covered by them are shown separately. In many countries all
prices and taxes as stated in the contract must remain unaltered,
and no extra charges may be demanded from the emigrant at
any point on the journey. Special regulations on this subject
are in force in the following countries.
FRENCH MANDATED TERRITORY : Syria and Lebanon.—
Under the Order of 4 December 1924, special emigration officers and other
authorities were entrusted with the task of seeing t h a t the emigration
regulations are carried out, and are required to satisfy themselves that no
emigration tickets are sold by a transport company or the representative
of a transport company a t a higher price than the authorised price.
Emigrants and their luggage must be transported from the quay to t h e
ship or vice versa at the same charges as those in force in each port (section 9).
AUSTRIA.—In cases where the cost of the medical examination before
departure is not defrayed by the company, the emigrant must be notified
of this when his transport contract is drawn up. This also applies to the
transport of luggage from the station to the boat or t o the lodging house
and from there to the boat, when such transport is payable by the emigrant.
Transport companies who are in a position to supply board and lodging
a t the port of embarkation until the day of departure are authorised to make
an agreement with the emigrant to this effect. The charges for such board
and lodging must be submitted to the Austrian authorities and must be
posted up in German in all the offices of the company. These charges may
be paid daily or in a lump sum. No extra charge for light, service, etc.,
may be demanded from the emigrant. (Regulations of 27 J u n e 1921,
sections 11 and 23.)
CZECHOSLOVAKIA.—It is forbidden to charge emigrants a higher
price for the use of public conveyances than is fixed by the tariffs in force or,
in case of a reduction in tariff, any sum greater than t h a t actually paid to the
transport company.
Moreover, licensed companies are forbidden to charge higher transport
rates than those that have been approved by the Government. All agreements contravening this prohibition are null and void, and the holder of an
emigrant's ticket can claim the return of three times the excess paid.
The price fixed by the contract must include the transport of the emigrant
and his belongings from the place of departure to his destination and, when
necessary, from the station at which emigrants are collected to the country
of immigration. The fixed price must include food and shelter for the
whole journey (unless there are clauses in the contract stipulating t h a t the
emigrant shall provide for himself on shore), medical attention, and burial
expenses in case of death. (Act of 15 February 1922, sections 23 and 24.)
GREECE.—The receipt of any sums in addition to the approved tariff
for any purpose whatsoever is prohibited. I t is also forbidden to refuse
to take a passenger who offers to pay the regulation fare. (Act of 24 July
1920, section 23.)
220
CONCLUSION OF THE TRANSPORT CONTRACT
HUNGARY.—The emigrant and his belongings must be transported to
the place specified in the contract at the specified price, without in any
circumstances any addition being made to this price. Moreover, no fee
other than the insurance fee as stated in the contract shall he demanded
nor shall the emigrant be required to make any payment in services.
(Emigration Act of 1909, sections 23 and 11.)
ITALY.—No carrier of emigrants or his representative shall require the
emigrant to pay any sum in addition to the passage money. The emigrant
has the right to return of double the excess paid; he may also claim damages.
(Act of 13 November 1919, section 33.)
LITHUANIA.—According to the transport contract, the emigration
company undertakes to transport the emigrant and his belongings to the
places specified in the contract at an agreed price, that shall in no circumstances be exceeded. (Act of 18 July 1922, section 9.)
NETHERLANDS.—For no reason whatever shall a transport company
demand the payment of any money other than the amount indicated in the
declaration issued to the emigrant in lieu of a contract. (Transport
of Emigrants Act, 1861-1869, section 20.)
PORTUGAL.—All passage and passport agencies must draw up an
account in lieu of a receipt, on which are entered all expenses paid by the
emigrant in order to obtain a passport and the cost of the journey. Details
of all expenses incurred in procuring the different certificates required
before a passport can be issued, together with the fee paid to the agent,
must appear in the account. The agent's fee must not exceed one escudo.
The emigrant must present the agent's receipt to the officer of the Emigration
Department before embarking. (Regulations No. 5886 of 19 June 1919,
section 82, amplified by the Portarias No. 2768 of 3 J u n e 1921 and No. 2774
of 4 J u n e 1921.)
RUMANIA.—Under the Emigration Act of 11 April 1925, transport
agents are required to transport the emigrant and his belongings to his
destination a t the price stated in the contract. No additional charge may
be made (section 26).
SERB-CR OAT-SLOVENE KINGDOM.—The passage money as
fixed by the contract must a t least include transport, board and lodging,
medical attention on the journey, cost of burial in case of the death of an
emigrant, transport of luggage up to a certain weight, and the medical
examination before embarkation. In no circumstances may a transport
company demand or accept from the emigrant any sum whatever in
addition to the price of transport charged according to the rates approved
and published by the Government. If the transport company should
demand an excessive charge, the emigrant has the right to claim the
return of double the excess paid. (Act of 30 December 1921, sections 21
and 25.)
SWITZERLAND.—The Emigration Act of 1888 stipulates t h a t in no
circumstances shall any addition be made to the cost of transport as fixed
in the contract. The emigrant shall not be required to pay any additional
tax, tips, hospital expenses, or other charges during the journey. Further
he shall not be asked to pay any additional charge for transport from the
ship to the quay a t the port of departure (sections 15 and 16).
REGULATIONS CONCERNING THE COST OF TRANSPORT
(d)
221
P R O H I B I T I O N O F M E T H O D S O F P A Y M E N T W H E R E B Y THE
L I B E R T Y OF THE EMIGRANT MIGHT B E R E S T R I C T E D
I n most countries emigrants are forbidden t o do work in
payment of their passage. Usually this method of p a y m e n t is
arranged b y private understanding between t h e company or
its representatives and t h e emigrant in question, and in consequence t h e emigrant is liable t o escape the attention of t h e
authorities. Moreover, it gives a direct stimulus t o emigration,
particularly among destitute and adventurous classes. I n some
cases it can also cause a depreciation in the wages of sailors.
Many regulations have been laid down t o prohibit a n y payments
being m a d e after t h e journey a n d t o protect t h e emigrant from
being exploited, and t o prevent any restriction of his liberty
a t a time when he is more or less outside the control of his
national authorities. For these reasons all other agreements
restricting t h e liberty of t h e emigrant after arrival in t h e country
of immigration are prohibited (choice of occupation, place of
residence, etc.).
AUSTRIA.—Transport companies are forbidden to conclude a contract
with an emigrant (that is to say, a passenger in the steerage, third class,
or any equivalent class) by which the latter undertakes t o pay the passage
money wholly or in part after arrival a t the country of immigration or to
do work in payment of the passage or to restrict in any way whatsoever
his liberty or his right t o work where he wishes in a specified country.
(Regulations of 27 June 1921, section 14.)
CZECHOSLOVAKIA.—The Emigration Act of 15 February 1922
prohibits carriers from concluding contracts with emigrants requiring the
latter to work either during the journey or after arriving at their destination
in part or full payment of their passage and insurance (section 23).
DENMARK.—A contract containing any clause to the effect that the
emigrant shall do work in part or full payment of the passage after his
arrival at the foreign port, is null and void. The agent concluding such a
contract is liable t o a fine of 200 kroner K (Act of 1 May 1868, section 8.)
GERMANY.—The Act of 9 June 1897, section 22, forbids the exaction
from the emigrant of payment of his fare or money advanced in the form
of labour after embarkation. He must not be limited in his choice of
residence or of occupation at his destination.
HUNGARY.—The Emigration Act of 1909 forbids the conclusion of
contracts with emigrants t h a t stipulate that part or full payment of the
1
One kroner = approximately l ' l s .
222
CONCLUSION OF THE TRANSPORT CONTRACT
fare or of insurance shall be made by means of labour in the course of
the voyage or after arrival at his destination.' All clauses restricting
the emigrant in his choice of residence or occupation are forbidden (section 23).
LITHUANIA.—Transport companies are forbidden to conclude any
contract whereby the emigrant is placed in a position of debtor towards
the company or to draw up any transport or insurance contract to the
effect t h a t the emigrant shall do work in payment of his passage either
during the journey or after his arrival at his destination.
Transport companies are also forbidden to restrict the liberty of the
emigrant with regard to his choice of residence and occupation. (Act of
18 July 1922, sections 10 and 12.)
NORWAY.—The transport contract must not contain any provision
requiring the emigrant to do work in full or part payment of his passage
after arrival in a country outside Europe. When delivering the contract
coupon to the emigrant, the police must inform themselves whether any
separate contract or agreement concerning the method of payment has been
drawn up between the carrier and the emigrant. (Act of 22 May 1869,
section 6, and Regulations of 18 December 1899, section 9.)
POLAND.—See Supplement I.
SPAIN.—The Emigration Act declares any contract null and void which
stipulates for payment of the fare by means of personal labour.
Similarly any contract between a shipowner, a charterer, or their consignee
and the emigrant is null and void, whereby the liberty of the emigrant is
restricted after arrival at his destination, and obligations with regard to the
shipowner, charterer, or their consignee are put upon the emigrant, to be
fulfilled after disembarkation.
Under the same Act an emigrant's luggage may not be retained as a
guarantee for any money advanced to the emigrant by the head of the
undertaking or his representative or for any debts incurred by the emigrant.
(Consolidated Text of 20 December 1924, sections 40 and 44.)
SWEDEN.—No contract shall contain any clause requiring the emigrant
to do any work in payment of his passage after his arrival a t his destination.
(Order of 4 June 1884, section 5, subsection 3.)
SWITZERLAND.—The payment of the passage shall not be made fully
or in part by personal labour. (Act of 22 March 1888, section 16, (4).)
(e)
REGULATIONS
CONCERNING T H E S A L E
TICKETS AND T H R O U G H
OF
SUPPLEMENTARY
TICKETS
S o m e c o u n t r i e s p r o h i b i t t h e sale of t i c k e t s for t h e c o n t i n u a n c e
of t h e j o u r n e y b e y o n d t h e p o r t of d i s e m b a r k a t i o n .
I n o t h e r c o u n t r i e s t h i s is a l l o w e d u n d e r c e r t a i n specified
c o n d i t i o n s , p a r t i c u l a r l y w h e n t h e t r a n s p o r t a g e n t a r r a n g e s for
t h e c o n t i n u a n c e of t h e j o u r n e y himself.
I n s o m e c o u n t r i e s licensed c o m p a n i e s m a y sell t i c k e t s m a d e
REGULATIONS CONCERNING THE COST OF TRANSPORT
223
up with tickets from other companies to emigrants whom they
are transporting for part of the journey.
AUSTRIA.—The charges for all means of conveyance used to transport
emigrants to the port of embarkation or from the port of disembarkation
to the final destination must be made according to the tariffs in force.
If there are no tariffs, only the actual sum paid by the transport agent to the
person or companies carrying out such transport may be charged. (Regulations of 27 J u n e 1921, section 17.)
CZECHOSLOVAKIA.—It is forbidden to sell emigrants tickets for
the continuance of the journey beyond the trans-oceanic port of disembarkation before their arrival at t h a t port. However, this prohibition does not
apply to contracts by which the carrier undertakes to arrange for the
transport of emigrants beyond the port of disembarkation. (Act of
15 February 1922, section 31.)
GERMANY.—The sale of emigrants' tickets for the continuance of the
journey beyond the trans-oceanic port of disembarkation is forbidden.
However, this prohibition does not apply in cases where the transport agent
undertakes to arrange for the continuance of the journey beyond the port
of disembarkation himself. Details of his authority to undertake this additional transport must be indicated on his licence. (Act of 9 June 1897,
sections 25 and 26.)
ITALY.—Only licensed carriers have
with railway tickets for the countries to
not apply in case of tickets distributed
a t the time of departure. (Consolidated
tion 25.)
the right to provide
which they are going.
free of charge to the
Text of 13 November
emigrants
This does
emigrants
1919, sec-
NETHERLANDS.—Companies not licensed to transport emigrants
to places outside Europe are forbidden to sell or offer for sale tickets for the
continuation of the journey beyond a port of disembarkation before arrival
there. Carrier licensed to transport emigrants outside Europe may, however,
arrange for transport beyond the port of disembarkation in accordance
with a previously signed contract. (Transport of Emigrants Act of 18611869, section 21.)
NORWAY.—Emigrants who are in possession of contracts stating that
the railway ticket for continuing the journey after arrival has been paid
in advance must, in addition, provide themselves with adequate proof of
their right to such a ticket before they need to use it. (Regulations of
18 December 1899, section 6.)
POLAND.—Licensed transport companies may not sell tickets for
shipping lines controlled by other companies or for those of their own lines
that, are not included in the licence issued by the Polish Government.
(Model Licence for Transport Undertakings, 1925, section 26.)
SPAIN.—The Directorate-General of Emigration may in certain cases
authorise the sale of through tickets, covering all payments to be made by
the emigrant for transport from the place where he lives to his final
destination, including board and lodging. Details of the accommodation
to be provided must be shown on the tickets. (Consolidated Text of
20 December 1924, section 78.)
224
CONCLUSION OF THE TRANSPORT CONTRACT
§ 3.—The Contract
Most • countries require t h a t a contract shall be made, and
define the form in which it shall be drawn u p and the particulars
it shall contain.
(a)
N E E D FOR A W R I T T E N CONTRACT
I n most countries the transport agent or sometimes the
emigration agent is required t o conclude a written contract
with the emigrant (Austria, Belgium, Czechoslovakia, Denmark,
Germany, Great Britain, Hungary, Italy, Lithuania, Netherlands,
Norway, Portugal, Rumania, Serb-Croat-Slovene Kingdom,
Spain, Switzerland).
I n Hungary, Lithuania, a n d Rumania three copies of the
contract must be made, one for each of the contracting parties
and one t o be sent t o an administrative department. I n Denmark, Italy, Portugal, Serb-Croat-Slovene Kingdom, Spain,
and Switzerland t w o copies of the contract are required. I n
cases where only one copy is required, t h a t copy is kept b y the
emigrant.
The provisions also require t h a t these contracts shall be
inspected b y the authorities. I n some countries they must be
drawn u p in accordance with an official form, in others a model
of t h e contract drawn u p by the transport company must
be submitted t o the authorities before being p u t into use, or
again each separate contract concluded with each emigrant must
be endorsed.
Frequently t h e language or languages in which t h e contracts
shall be drawn u p are indicated in the regulations.
A U S T R I A . — A model of the contract must be submitted to the Austrian
authorities before being put into use. The approved model must be posted
up in German in all the agencies of the companies. (Regulations of 27 J u n e
1921, section 8.)
BELGIUM.—Each emigrant receives a contract coupon of which there
is a counterfoil signed by the transport agent and drawn up in accordance
with the official form fixed by the Order of 25 February 1924. I t must
be drawn up in French, Flemish, and in the foreign language chosen by the
emigrant. (Order of 25 February 1925, section 22.)
CZECHOSLOVAKIA.—The form in which a transport contract must
be drawn up is fixed by the regulations under the Emigration Act. The
THE CONTRACT
225
contract must be given to the emigrant as soon as he has paid the full cost
of the transport, or a t the latest before he leaves Czechoslovakia. The
emigrant must submit the contract to the inspection of the passport office
at the frontier. The contract must be signed by the two contracting parties.
If a family is included in the contract, it must be signed by the head of the
family. If it is a contract for a minor, it must be signed by h is legal guardian.
If the emigrant cannot read, the contract must be read to him and"this fact
must be entered in the contract. (Act of 15 February 1922, section 22,
and Regulations of 8 June 1922, sections 24 and 42.)
DENMARK.—Emigrants are required to conclude a written contract
with the transport agent ; several emigrants may be included under the same
contract, but in this case the name, age, address, and distinguishing marks
of each person must be indicated.
The contracts must be drawn up in Danish and English. The copy kept
by the emigrant must first be submitted to the police, who, finding that it
is in accordance with the Act, endorse it and send it to the emigrant. (Act
of 1 May 1868, section 8.)
FRANCE.—The contract must be endorsed by the Emigration Department a t the port of embarkation. (Decree of 9 March 1861, section 5.)
GREAT BRITAIN.—Under the terms of the Merchant Shipping Act,
1894, if any person, except the Board of Trade and persons acting under
its authority, receives money in respect of the steerage passage in any
ship or a cabin passage in any emigrant ship proceeding from the British
Isles, he must give in exchange a contract ticket in the form provided by
the Board of Trade, signed by or on behalf of the owner or the master of the
ship (section 320). Failure to produce a contract ticket on the part of a
passenger or the counterpart of a contract ticket on the part of the owner
or master of the vessel, mav result in the imposition of a fine not exceeding
£10 (section 322).
Colonies : Hongkong.—Under the terms of the Asiatic Emigration
Ordinance, 1915, every passage broker, before he receives any money on
account of any passage in an emigrant ship, must produce to the Secretary
for Chinese Affairs a certificate of the master or owner of the ship, that such
ship has been chartered for the purpose of carrying emigrants and that the
passage broker is authorised to receive payment for such passage (section 37).
Every passage broker who receives money from an emigrant for a passage
in any emigrant ship must give him a passage ticket, stamped with his seal
or trademark (section 36).
He shall also present himself with such passenger before the Secretary
for Chinese Affairs, or a duly appointed officer, and the meaning of the
passage ticket shall be explained to such emigrant, to ensure that he
understands where he is going and that he is not acting under compulsion
or is not being influenced to emigrate by false representation (section 38, (1)).
HUNGARY.—The contract must be drawn up in Hungarian and in the
language of the emigrant, and three copies must be made. (Act of 1909,
section 22.)
NETHERLANDS.—The contract must be drawn up in Dutch and
German or in whichever of these two languages is spoken by the emigrant.
I t must be signed by the transport agent and countersigned before departure
by the Supervising Committee. (Transport of Emigrants Act, 1861-1869,
section 9.)
NORWAY.—Transport agents are required to conclude a written contract
with every emigrant, signed by the agent himself or his representative, and
16
226
CONCLUSION OF THE TRANSPORT CONTRACT
to send the contract to the police to be endorsed. The emigrant must,
wherever possible, fetch it in person. (Act of 22 May 1869, section 6, and
Regulations of 18 December 1899, section 8.)
POLAND 1.—The contract must be drawn up in accordance with the
official form published by the Polish Government. (Model Licence for
Transport Undertakings, 1925, section 10.)
PORTUGAL.—A contract concerning conditions of transport must be
drawn up by the emigration agent or by the maritime company according
to whether the emigrant is recruited or is a "spontaneous" emigrant. Two
copies are required. I t must be drawn up in accordance with a form
published by the General Emigration Department. I t is endorsed (reconhecido) free of charge by a lawyer.
The emigrant shall for no reason whatsoever be required to give up his
copy of the contract, but must produce it as evidence in case of any dispute
concerning the contract t h a t might arise either in Portugal or abroad.
(Decree of 10 May 1919, section 19, and Regulations of 19 J u n e 1919, sections 37 and 38.)
RUMANIA.—The contract must be drawn up in Rumanian and three
copies must be made, one to be kept by each of the contracting parties and
one to be sent to the Ministry of Labour and Social Affairs. (Act of 18 April
1925, section 26.)
SERB-CROAT-SLOVENE KINGDOM.—The contract must be
drawn up in Serbian and two copies must be made; one copy must
be sent to the Ministry of Social Affairs. (Act of 30 December 1921,
section 21.)
SPAIN.—The contract must be in accordance with the official form as
fixed by the Emigration Act. If it is used as a ticket it must be taken
from a book printed with counterfoils and endorsed by the authorities.
The pages of the book must be made up of the counterfoil, the contract
coupon, and the embarkation order. The emigrant shall in no circumstances
be required to give up the contract coupon to any person other than the
inspector or Spanish consul at the port of destination. (Consolidated Text
of 20 December 1924, sections 37 and 38.)
SWEDEN.—Two copies must be made of all contracts signed by an
emigration agent and an emigrant, or in the case of a minor by his guardian
or his nearest relation. The contract must be drawn up in Swedish and
English.
Before departure the emigrant must submit his copy of the contract to the
police authorities or a magistrate at the port of departure, who shall examine
it and see that it is in accordance with the legal provisions. A t a x is required
for this endorsement and is payable by the agent. (Order of 4 June 1884,
section 5, subsections (1) and (6).)
SWITZERLAND.—The transport contract, called "emigration contract"
by the Act of 22 March 1888, section 17, even when it only specifies conditions
of transport, must be drawn up in writing and two copies must be made,
one for the agent and one for the emigrant. For no reason whatever
shall the emigrant be required to give up his copy. The contract must be
drawn up in accordance with the form fixed by the Federal Council.
1
See Supplement I : Decree of 11 Oct. 1927.
THE CONTRACT
(b)
227
COMPULSORY CLAUSES
I n most countries t h e particulars t h a t shall appear in a transport
contract are not left t o the decision of the contracting parties,
and regulations have been drawn u p whereby certain definite
particulars shall be entered in the contract.
Generally speaking a transport contract must contain information on the following points : (1) The name of the emigration or
transport agent (head of an undertaking)and the sum ame, Christian
names, particulars of birth, age, civil status, last residence, etc.,
of the emigrant and the persons accompanying him (Belgium,
Czechoslovakia, Denmark, Hungary, Italy, Lithuania, Netherlands, Poland, the Serb-Croat-Slovene Kingdom, Spain, Sweden,
Switzerland); (2) The name of the ship, its nationality, the company t o which it belongs, the name of the master, its destination,
the route t o be followed, etc. (Belgium, Czechoslovakia, Denmark, Hungary, Lithuania, Netherlands, Norway, Poland, Spain,
Sweden); (3) The date of the departure and the time at which
the emigrant has t o go on board (Belgium, Czechoslovakia,
Denmark, Hungary, Lithuania, Netherlands, Poland, Portugal,
the Serb-Croat-Slovene Kingdom, Spain, Sweden); (4) The
port of embarkation and disembarkation or the place of departure
and t h e destination as the case may be (Belgium, Czechoslovakia,
Denmark, Germany, Hungary, Lithuania, Poland, Portugal,
the Serb-Croat-Slovene Kingdom, Spain, Sweden, Switzerland);
(5) The conditions under which the journey is t o be made, whether
it is direct or whether it is necessary t o change t o another ship,
and, if so, the name of the port where the change is t o be made
and the name of the ship t h a t the emigrant is t o take at t h a t
place (Belgium, Czechoslovakia, Denmark, Netherlands, Norway,
Poland, Spain, Sweden, Switzerland); (6) The class in which the
emigrant is t o travel (Belgium, Czechoslovakia, Denmark,
Hungary, Lithuania, Spain, Sweden); (7) The cost of the journey
in words and figures; if the contract includes several persons,
the price is" t o be shown for each person (Austria, Belgium, Denmark, Hungary, Italy, Lithuania, Netherlands, Norway, Poland,
the Serb-Croat-Slovene Kingdom, Spain, Sweden, Switzerland);
(8) The total space at the disposal of the emigrant for himself,
his family, and his luggage, number of berths, etc. (Belgium,
228
CONCLUSION OF THE TRANSPORT CONTRACT
Czechoslovakia, Hungary, Netherlands, the Serb-Croat-Slovene
Kingdom, Spain); (9) The food of the emigrant during the
journey and the agreement concerning food and shelter for the
emigrant for that section of the journey undertaken by land
(Belgium, Czechoslovakia, Denmark, Germany, Hungary, Lithuania, Netherlands, Norway, Portugal, the Serb-Croat-Slovene
Kingdom, Spain, Sweden, Switzerland); (10) The obligation of
the transport company to transport the emigrant's luggage with
the emigrant to the specified destination (Austria, Belgium,
Czechoslovakia, Denmark, Hungary, Lithuania, Norway, Portugal, Sweden, Switzerland).
Besides these general provisions some countries require that
certain special provisions shall be entered in the contract, either
to indicate further obligations on the part of the transport
company (in case of cancelling the contract, of repatriation, etc.)
or to determine the legal authority to whom appeal must be made
in case of dispute or to indicate any other particulars. As far
as possible these provisions are examined later.
Many countries lay down the principle that any clause which
is contrary to the provisions and regulations of the emigration
law is null and void.
AUSTRIA.—The obligation of the transport agent to maintain the
emigrant and provide medical attention, not only during the sea journey,
but also for the period of quarantine, must be stated in the contract. The
fare must be given in detail (price of passage, price of railway journey from
the port and to the port, personal taxes, etc.).
The Austrian Government may also oblige transport companies to put
a clause in the transport contract to the effect t h a t they will submit to the
jurisdiction of the nearest Austrian representative (consul, emigration
officer, etc.) in all cases of dispute arising between themselves and the
emigrant.
No contract shall contain any clause providing t h a t the transport agent
shall be relieved from any obligation t h a t he has assumed with regard to
emigrants in accordance with sections 11,12, and 13 of the above regulations.
(Regulations of 27 June 1921, sections 8 and 14.)
BELGIUM.—In cases of transhipment, the contract must state the name
of the transport agent who undertakes to arrange transport for the continuance of the journey. The following particulars must also appear : the
obligation of the transport agent to transport 50 kilograms of luggage per
person free of charge, the daily and weekly victualling scale, the embarkation
and disembarkation taxes payable by the emigrant.
All clauses contravening the Act of 14 December 1876 and the Order
of 25 February 1924 are null and void. (Order of 25 February 1924, sections
22 and 23.)
CZECHOSLOVAKIA.—Section 23 of ; the Regulations of 8 June 1922
THE CONTRACT
229
specifies a series of clauses which must appear in the contract. Besides
the particulars that are usually required, the contract must specify the time
and place a t which the carrier becomes responsible for the maintenance of
the emigrant, and must state whether he undertakes to feed and house the
emigrant during that part of the journey which is undertaken by land, and
must give a list of the emigrant's luggage stating how much is transported
free of charge and how much is transported upon payment of a supplement.
The carrier is obliged to transport the emigrant's luggage by the same ship
as the emigrant himself. The cost of the transport must be given in detail.
All embarkation and disembarkation fees must be defrayed by the carrier.
The proportion of the fare t h a t is forfeited by the emigrant if he does not
embark on the day appointed must be indicated (the emigrant must not
forfeit more than half the passage money). The following particulars must
also be included : the obligation of the carrier to provide the emigrant with
a t least three meals a day and with all medical attention and medicine t h a t
he may require on the voyage, and burial in case of death; the cost of
the insurance of the head of the family and his luggage (this insurance is
compulsory and is payable by the emigrant) ; conditions under which cancellation of the contract entitles the emigrant to repayment of the fare ; the
obligations of the carrier in cases of delay or interruption in the journey.
DENMARK.—The contract must state whether the transport agent is
responsible for the maintenance of the emigrant during the journey, and,
if so, whether t h e food is ready cooked. It must also state whether the
fare includes the transport of luggage. The obligation of the transport
agent to provide other means of transport in case of accident to the ship
must also appear. If the transport agent undertakes to arrange for transport
by land beyond the port of disembarkation, the means of transport to be
employed must be indicated. (Act of 1 May 1868, section 8, amending
Order of 21 July 1899.)
GERMANY.—If the transport agent himself undertakes to arrange for
transport in an extra-European country from the port of embarkation to the
final destination, and to be responsible for the maintenance of the emigrant
on this journey, this fact must be stated in the contract. Mention must
also be made of any transhipment a t a foreign port which may be necessary.
All clauses contravening the provisions contained in sections 27 to 30 of
the Emigration Act (that is to say, those concerning the obligations of the
carrier in cases of delay or interruption in the journey and cancellation of
the contract) are null and void. (Emigration Act of 9 June 1897, sections 25
to 31.)
GREAT BRITAIN.—The contract ticket for steerage passengers, which
differs from t h a t for cabin passengers on emigrant ships, must indicate the
names and ages of the passengers, the Christian names, surnames, and
address of the person who issues the ticket, the name of the ship and its
tonnage, the ports of embarkation or disembarkation, the date of departure,
the amount of space reserved for each passenger's luggage, the victualling
scale, and the price of the ticket, which must include every charge except
freight for excess of luggage. The day of the month on which the passengers
are to embark must be inserted in words. I t also states that if steerage
passengers, through no default of their own, are not received on board on
the day named in their tickets, or fail to obtain a passage in the ship, they
shall apply to the emigration officer who will assist in obtaining redress under
the Merchant Shipping Acts. The ticket, when once issued, must not be
withdrawn, or any alteration, addition, or erasure made in it; it is not
transferable ; and it is not to contain any addition, stipulation, or exception
not contained in the form approved by the Board of Trade.
HAITI.—Under the Act of 28 February 1924, any contract agreement
230
CONCLUSION OF THE TRANSPORT CONTRACT
made with an emigrant at the time of his departure t h a t is in any way
misleading or fraudulent is null and void (sections 22 and 25).
HUNGARY.—Besides the cost of transport, the cost of insurance must
appear in the contract, and the provisions of the Act concerning obligations
on the part of the transport agent.
Any clause contravening the provisions of the Act contained in sections 10
and 20 to 23, t h a t is to say, those concerning the fixing of the cost of transport
and the conditions according to which the contract is to be drawn up, and
the obligations of the transport agent, is null and void. (Emigration Act
of 1909, sections 22 and 25.)
ITALY.—Besides the usual particulars, the contract must contain a
detailed list of the luggage for which transport is guaranteed.
Further, under the Act of 13 November 1919, section 34, any contract
is null and void whereby the emigrant shall not be compensated by the
carrier for delay in execution of the contract or for interruption of the
journey (section 61), and any contract is null and void whereby the
jurisdiction of any authority other than those specified in the Act shall
be accepted, or whereby the emigrant shall give up certain rights with
regard to the carrier, All the prescribed particulars must be stated on the
ticket (section 68 (I)).
LITHUANIA.—Besides the cost of transport, the cost of insurance must
be stated in the contract. The date upon which the contract comes into
force and the obligations and responsibility of the transport agent as stated
in section 9 of the Act must be specified, (Emigration Act of 18 July 1922,
sections 8 and 9.)
NETHERLANDS.—In case of transhipment during the journey, names
and addresses of the transport agents undertaking to arrange for the continuance of the journey to the final destination must be entered in the
contract. (Act of 1861-1869, section 9.)
NORWAY.—Besides the usual particulars, the transport contract must
specify the obligations of the agent with regard to the emigrant in case of
a n y accident which might interrupt the journey. If the railway fare for
the continuance of the journey after disembarkation is included in the fare
this must be stated.
Any contract requiring t h a t the emigrant shall do
work in part or full payment of his fare in a country outside Europe is null
and void and renders the transport agent liable to a fine. (Act of 22 May
1869, section 6, and Regulations of 18 December 1899, sections 5 and 6.)
POLAND 1.—The cost of transport must be stated in detail in the
contract and must include transport by land and by sea and the various
taxes payable by the emigrant either upon departure or upon arrival (Head
Tax and Hospital Tax). The period during which the transport company
undertakes to maintain the emigrant on board before the departure of the
ship, the amount of luggage transported free of charge, and the amount
upon which excess is paid must be stated in the contract. Provisions
concerning the right of the emigrant to repayment of the fare when the
contract is not fulfilled must be stated on the back of the contract.
(Model Licence for Transport Undertakings, 1925, section 10.)
PORTUGAL.—The provisions of a contract drawn up between a "spontaneous" emigrant and a shipping company must state the obligation of the
company (a) to arrange for the transport of the emigrant and his luggage
1
See Supplement I : Decree of 11 Oct. 1927.
THE CONTRACT
231
to his destination; (b) to provide the emigrant with suitable board and
lodging at the port of embarkation from the fixed date of departure to the
actual date of departure ; (c) to provide him with proper food and hygienic
accommodation during the journey and in case of delay or premature
departure.
The passage and passport agent is required to feed and house the emigrant
as stated in paragraph (b) if the emigrant has passed through his hands.
If an emigrant has been recruited by an emigration agent the latter is
responsible for the fulfilment of the obligations stated in the contract.
Besides fulfilling the above obligations the contract requires the transport
agent (a) to provide the emigrant free of charge with medical attention and
medicine in case of illness during the journey; (b) to pay the emigrant a sum
equal in value to any money deposited with him in Portugal, even if the
emigrant is not accepted by the company or the person upon whose account
the agent has recruited him ; (c) in such a case to compensate him for the
inconvenience caused and to defray all expenses of his repatriation to his
home in Portugal.
All contracts and documents of any kind containing clauses contrary
to the prescriptions of the emigration regulations are null and void and render
persons responsible for them liable to penalties stated in the Act. No lawyer
shall legalise any contract that does not contain all clauses required by the
Decree of 10 May 1919. (Decree of 10 May 1919, section 12, and Regulations
of 19 J u n e 1919, sections 37 to 41.)
RUMANIA.—Besides stating the obligation of the transport agent to feed
and house the emigrants during the journey, the contract must also contain
his obligation to provide all medical attention of which the emigrant might
stand in need. The cost of insurance of the life and belongings of the
emigrant must also be entered in the contract. (Act of 11 April 1925,
section 26.)
SERB-CROAT-SLOVENE KINGDOM.—If the shipping company
undertakes to arrange for the transport of the emigrants from the interior
to the port of embarkation, besides specifying the conditions of the sea
journey the contract must also state the conditions of transport and maintenance for the journey from the interior and of maintenance until the day
of embarkation. In addition a summary of the provisions of the Yugoslav
Act concerning transport of emigrants and of the regulations in force in the
foreign country must be given. (Act of 30 December 1921, section 21.)
SPAIN.—The contract of Spanish emigrants must state whether the
emigrant is illiterate or not, and whether the ticket is issued free of charge
or is to be paid for. It must also contain a detailed list of the luggage which
the emigrant is taking with him ; the surname, Christian name, and residence
of persons who have given the emigrant the authorisation to embark in cases
where this consent is necessary; the probable length of the voyage, the ports
of call, and a clause to the effect t h a t the consignee shall compensate the
emigrant for all inconvenience suffered through delay or interruption of the
journey except in cases of force majeure, and shall repatriate the emigrant
free of charge in the circumstances specified by the Act. Further, all
provisions of the Emigrant Act concerning the emigrant himself must be
quoted on the contract coupon.
Any clause to the effect t h a t the emigrant shall agree to the omission
from the contract of any stipulated condition is null and void. (Revised
Text of 20 December 1924, sections 37 and 40.)
SWEDEN,—If the emigrant proceeds beyond the extra-European port at
which he disembarks, the means of transport used for the continuance of
the journey to his final destination must be stated. If the journey to the
extra-European port is not direct, the contract must indicate the intermediate
232
CONCLUSION OF THE TRANSPORT CONTRACT
stations and the arrangements made to feed and house the emigrant at the
places where he must break his journey. Special mention must be made
of the responsibility of the agent in regard t o the luggage required by the
emigrant en route and that which is stowed away in the hold for which the
agent must issue a receipt. An agreement must be made between the agent
and the emigrant whereby in the event of any dispute arising between them,
they shall submit to the arbitration of five persons, two to be chosen by the
emigrant, two to be chosen by the agent, or if he should refuse by the
competent governor of the province and the fifth by the said governor.
(Order of 4 June 1884, section 5, subsections 1 and 2.)
SWITZERLAND.—If the journey is to be continued beyond the port
of disembarkation, the cost of this additional journey must be noted in the
contract, besides the costs of the journey to the port of disembarkation.
The amount of insurance for persons and luggage must be included, and in
addition a provision concerning the cancellation of the contract and a copy
of the text of sections 15,16, 21, 22, and 23 of the Emigration Act, t h a t is to
say, of the provisions concerning the obligations of the transport agent and
the steps to be taken by the emigrant in the event of non-execution of the
contract. (Act of 22 March 1888, section 17.)
(c)
CANCELLING
OF
CONTRACTS
AND
PAYMENT
COMPENSATION
The emigration laws in most countries provide for cases in
which withdrawal from the contract involves p a r t or full repayment of the fare, sometimes even with additional compensation.
The circumstances under which a contract is withdrawn m a y be
divided into three groups : (1) withdrawal in cases of force majeure
and fortuitous circumstances, in which, owing t o no fault on t h e
p a r t of the emigrant or the transport agent, the emigrant is
prevented from travelling; (2) withdrawal due t o t h e fault of
t h e transport agent; and (3) withdrawal at the desire of the
emigrant.
(1) Withdrawal in Cases of Force Majeure
and Fortuitous
Circumstances
There are m a n y different cases of this kind, the most frequent
being t h a t of t h e serious illness or d e a t h of the emigrant, or of
a n y member of his family who was t o have accompanied him
or sometimes even of a member of his family who did not intend
t o travel with him. The methods by which part or full repaym e n t of t h e fare must be made in such cases are more or less
clearly defined.
THE CONTRACT
233
The following cases m a y also be included in t h e above group :
cases in which t h e emigrant fails t o pass t h e medical examination
before departure and consequently through no fault of his own
or on t h e p a r t of the transport agent is not permitted t o embark,
a n d cases in which the departure of t h e ship is postponed
for reasons outside t h e control of the transport company.
Regulations concerning the latter are examined under (d)
(page 238), together with other regulations concerning delay in
departure.
Cases concerning delay due t o fortuitous circumstances are
examined under the following headings : Austria, Belgium,
Czechoslovakia, Denmark, France, Germany, Greece, Lithuania,
Portugal, Rumania, Spain. Generally these cases are provided
for in such a way t h a t t h e agent is under an obligation t o refund
either wholly or in p a r t t h e money received for t h e journey from
t h e emigrant.
A U S T R I A . — I f an emigrant (that is t o say, t h e holder of a ticket for
steerage, third class or equivalent class) is prevented from starting on his
journey or from continuing it on account of illness or similar hindrance, or if
he dies, he or his heirs may claim repayment of the whole fare or of the fare
for t h e uncompleted part of t h e journey. The members of a n emigrant's
family travelling with him have the same right to repayment if, in consequence of his death or illness, they are unable t o start or t o continue the
journey.
If the inspection authorities refuse t o permit an emigrant to embark
because he has not fulfilled the necessary legal conditions or because his
papers are not in order, the emigrant m a y claim repayment of his fare or
of the part of the fare that has already been paid t o the company. (Regulations of 27 J u n e 1921, sections 7 and 9.)
BELGIUM.—The Belgian Transport of Emigrants Act of 14 December
1876, section 5, and the Order of 25 February 1924, sections 17 and 24,
stipulate that an emigrant who has been prevented from travelling on account
of serious or contagious illness, properly verified, is entitled t o the repayment
of his fare. The fare is also repaid to members of his family who remain
behind with him in all cases if they are in direct descent, and to the third
degree inclusive if they are in another branch of the famliy. Minors and
women less t h a n thirty years of age entrusted t o t h e care of t h e emigrant
are considered to form part of his family.
The repayment of the fare may be demanded if the emigrant or one of
the members of his family accompanying him dies or falls ill before the
departure, or is prevented from undertaking the journey for reasons beyond
his control. I n case of dispute, the Government Commissioner must inform
the president of t h e Inspection Committee of the Emigration Service.
If the transport agent has sold a contract coupon, and if as a result of
judicial decision the emigrant is prevented from travelling, the agent must,
on t h e demand of t h e Government, repay to the emigrant, his creditors or
persons having a claim against him all or part of the sum paid. (See also
Chapter X , § 1, repayment in cases where the emigrant is not allowed to
embark or is refused admission in the foreign country.)
234
CONCLUSION OF THE TRANSPORT CONTRACT
CZECHOSLOVAKIA.—If an emigrant, in consequence of illness or any
other unavoidable cause for which he is not responsible, is prevented from
travelling, or must break his journey, or if he dies before embarkation, or
during the journey, he or his heirs may claim repayment of the total fare
if he has not begun the journey, or otherwise of the proportion of the fare
corresponding to the part of the journey not yet made. The emigrant or
his heirs are, however, obliged immediately to inform the head of the
undertaking, his attorney, or his representative of their inability to undertake or to continue the journey.
If, in consequence of the death of the emigrant or the impossibility of
his undertaking the journey, members of his family are prevented from
travelling, they have the right to demand the repayment of the fares they
have paid. (Act of 15 February 1922, section 26.)
DENMARK.—If an emigrant fails to pass the medical examination and,
therefore, is not permitted to embark, the transport agent must return to
him any money t h a t he has paid out for his journey. If in consequence of
the illness of the emigrant the members of his family or other persons
travelling with him decide not to make the journey, their fares must also
be repaid. The agent may, however, in both cases retain any sums actually
expended by him for the maintenance of the persons in question until the
date of the withdrawal of the contract. (Regulations of 28 March 1870,
section 30.)
FRANCE.—Any emigrant who is unable to travel on account of serious
or contagious illness, duly verified, is entitled to repayment of his fare and
of t h a t of any members of his family who remain behind with him. (Act
of 18 July 1860, section 6.)
GERMANY.—According to the Act of 9 J u n e 1897, section 29, the fare
must be repaid in the event of the death or illness of the emigrant or of any
member of his family who was to have accompanied him, and in case of
accident or of any hindrance of a similar nature. Should these contingencies
arise in a trans-oceanic port and should the contract provide for the transport
of the emigrant to or from a place in the interior of the country, the fare for
the uncompleted part of the journey must be repaid.
G R E A T BRITAIN.—If any person is unable to travel on account of
sickness of himself or any member of his family, the whole of the passage
money must be refunded in the case of a steerage passenger, and half in the
case of a cabin passenger.
ITALY.—If an emigrant is unable to travel in consequence of an illness
affecting himself or a member of his family living with him or intending to
travel with him, he is entitled to the return of whatever sum has already been
paid by him in connection with the fares of himself and his family. A medical
certificate must be produced as evidence of his illness.
The same provision applies if there is any delay on the railway, in which
case the railway company is obliged to transport the emigrant to the station
from which he came, or to the frontier if he is a foreigner. (Act of
13 November 1919, section 33.)
NETHERLANDS.—If a n emigrant, in consequence of illness duly
verified, is unable to embark or to remain on board, he is entitled to repayment of his own fare and t h a t of the members of his family who remain on
shore with him or are relanded. (Transport of Emigrants Act, 1861-1869,
section 11.)
POLAND.—The company is required to refund, without any deduction,
the whole sum paid if the emigrant withdraws from the contract because
THE CONTRACT
235
he has been unable to obtain a visa from the consulate of the country of
immigration or of transit, or if the doctor of the shipping company finds
that the emigrant is suffering from an illness making it impossible for him
to travel, according to the provisions in force, or if in the interval the
emigrant has received a prepaid ticket to the country of destination from
the persons to whom he is going. (Model Licence for Transport Undertakings, 1925.) 1
PORTUGAL.—If on account of serious illness, duly verified by a
doctor, the emigrant or any member of his family who should have accompanied him is unable to travel, or if the emigrant dies, the whole sum paid for
transport must be returned to the emigrant or to his heirs, provided t h a t the
company or the emigration agent has been notified within six hours before
the departure. In case of the death of a member of his family (father,
mother,wife, son, or daughter),even if the person did not intend to accompany
him, the emigrant is entitled to withdraw from the contract, and to claim
the return of half the money paid. The company or emigration agent must
be notified within the same period. (Decree of 10 May 1919, section 14,
and Regulations of 19 J u n e 1919, section 42.)
SERB-CROAT-SLOVENE KINGDOM.—If the emigrant is not
able to undertake the journey on account of an illness affecting himself or
affecting some member of his family, or if he is refused at the medical
examination before embarkation, he is entitled to the return of any sums
already paid for the journey. (Act of 30 December 1921, section 21.)
SPAIN.—In case of illness affecting either the emigrant himself or
any member of his family accompanying him, it is sufficient for the persons
concerned to give six hours' notice before the departure if the illness occurs
in the port of embarkation, and five days' notice if the illness occurs in any
other place. The emigrant is then entitled to withdraw from the contract
and to recover half the fare.
The regulations include as legitimate causes for withdrawal under the
same conditions of repayment (a) the serious illness or death of father,
mother, wife, or child of the emigrant, even though these persons are not to
accompany him on the journey, provided that the date of the illness or
death is subsequent to that of taking the ticket; (b) withdrawal from the
labour contract, if this withdrawal is due to circumstances outside the
emigrant's control (in both cases it is sufficient to give the company six hours'
notice before the departure) ; and (c) all cases oí force majeure duly verified.
If the emigrant is prevented from embarking because he has been refused
through no fault of his own (absence of the necessary documents is regarded
as the fault of the emigrant), the whole fare is returnable to him, and to the
members of his family who were to have embarked with him, if they decide
not to undertake the journey (children, father, mother, wife, and grandchildren).
If the emigrant should die, the total fare is repayable to his executors.
I n cases where only half the fare must be repaid, or if the emigrant does
not give sufficient notice of withdrawal from the contract to entitle him to
repayment, if the consignee of the company can sell the ticket to another
person, the first holder of the ticket is entitled to repayment. (Regulation
of 20 December 1924, sections 80-83.)
SWEDEN.—In case of illness of such a nature t h a t the emigrant cannot
commence or continue his journey without endangering his own life or the
health of other passengers, he, or any member of his family who was to
have accompanied him and who wishes to remain behind with him, is
1
See also Supplement I.
236
CONCLUSION OF THE TRANSPORT CONTRACT
entitled to the return of the money paid for the journey, after the deduction
of the sum expended by the agent for food and lodging already received
at the port of embarkation. (Order of 4 June 1884, section 8.)
SWITZERLAND.—If an emigrant is unable to travel or must break
his journey in consequence of illness, duly verified, or for any other cause
for which he is not responsible, he is entitled to repayment of his own fare
and of the fares of those who remain behind with him, after deduction has
been made for unavoidable expenses and outlay on the part of the agent,
either in the drawing up or in the partial carrying out of the contract.
A clause to this effect must be inserted in the transport contract. (Act of
22 March 1888, section 17, (6).)
(2) Withdrawal Due to the Fault of the Transport Agent
If the contract is withdrawn in consequence of a fault of the
transport agent, the whole sum received from the emigrant must
be returned. Sometimes the agent is required to pay additional
compensation.
In some countries cases in which a fault on the part of the
transport agent may cause the withdrawal of a contract are not
clearly defined; in others, the following cases are expressly
mentioned : cases in which the emigrant is refused permission
to embark in consequence of negligence on the part of the
transport agent, or cases in which the ship does not sail on the
date fixed or cannot continue the journey. The regulations
concerning the latter are examined under (d), page 238). Cases
in which the ship fails to sail on the appointed date, or is
delayed or unable to continue the journey are examined under
the following headings : France, Greece, Italy.
BELGIUM.—If in consequence of a fault or negligence on the part of
the emigration agent, any emigrant or any member of his family (see § 4, (c),
limits of the term "family") is not permitted to embark in Europe, or is
refused admission in the country of immigration, the whole of the fare
must be repaid. (Order of 25 February 1924, section 17.)
GREAT BRITAIN.—According to the Merchant Shipping Act of 1894,
if a steerage passenger fails to obtain a passage within ten days of the stipulated date of sailing, together with subsistence money during the period of
waiting, for any cause other than his own neglect or default, or a legal
prohibition, summary proceedings can be taken for the recovery of his
passage money and for reasonable compensation up to £10 for the loss or
inconvenience which he has been caused.
ITALY.—If the emigrant cannot start for reasons which can be imputed
to the carrier, he is entitled to repayment of his fare in full.
I n the case of emigration subsidised or assisted in any way, if the emigrant
cannot embark for the above-mentioned reasons, or because of the prohibition of the competent authorities, the carrier is liable for the cost of lodging
THE CONTRACT
237
and food and transport of the emigrant and his luggage from the port of
embarkation to his commune, or to the frontier if he is a foreigner. This is
without prejudice to the emigrant's right to compensation for any loss he
may have incurred. (Act of 13 November 1919, sections 33 and 34.)
SERB-CROAT-SLOVENE KINGDOM.—If an emigrant is unable
to travel for reasons which can be inputed to the shipping company or its
representative, he is entitled to repayment of his fare in full. This also
applies if the shipping company tries to embark persons who have been
rejected a t the medical examination before embarkation, or who are forbidden
to embark owing to the absence of the necessary documents. (Act of
30 December 1921, section 21.)
(3) Withdrawal at the Desire of the Emigrant
The period within which the emigrant must notify the transport
company of his change of plan and the method whereby part or
full repayment of the fare shall be made vary from country
to country.
AUSTRIA.—An emigrant may withdraw from his transport contract
even if he has prepaid his fare. The transport company must return the
whole of the sum received.
If the contract is broken at the time of departure or during the journey,
the emigrant is entitled to the return of half the cost of the journey still
to be made. (Regulations of 27 June 1921, sections 8 and 9.)
CZECHOSLOVAKIA.—If an emigrant breaks a contract for any cause
other than those of force majeure, as indicated above, before or during the
journey, he is entitled to repayment of half the fare for t h a t part of the
journey which is still to be made.
If he does not embark upon the appointed date, he must forfeit half the
price of transport. (Act of 15 February 1922, section 26, and Regulations
of 8 June 1922, section 24, (14).)
GERMANY.—If an emigrant breaks the transport contract before the
beginning of the journey for any cause whatever other than those of force
majeure stated above, he is entitled to repayment of half the fare. (Act of
9 June 1897, section 29.)
HUNGARY.—-According to the Emigration Act of 1909, any emigrant
who for any reason withdraws from the contract before embarkation is
entitled to the return of his fare (section 24).
ITALY.—If an emigrant breaks his contract before the departure of
the ship for any reason other than those oí force majeure, he is entitled to
repayment of half the passage money and the presumed cost of food and
lodging for the duration of the journey. (Consolidated Text of 13 November
1919, section 33.)
LITHUANIA.—If, for any reason, the emigrant wishes to withdraw
from the contract before embarkation, he is entitled to repayment of his
fare after deduction has been made for the part of the journey already
undertaken, and of 10 per cent, of the whole sum. (Act of 18 July 1922,
section 11.)
238
CONCLUSION OF THE TRANSPORT CONTRACT
P O L A N D i.—If the emigrant wishes to withdraw from the contract,
provided t h a t he does so a t least seven days before the date on which the
ship is to sail as specified in the contract at the place where he has concluded
the contract or a t the principal agency of the company in Warsaw, he is
entitled to the return of the money paid, ]ess a deduction of 10 per cent.
However, this deduction must not exceed 5 per cent, of the total cost of the
sea journey. (Model Licence for Transport, Undertakings, 1925.)
P O R T U G A L . — T h e emigrant has the right t o withdraw from the
contract five days before embarkation. The agent is then obliged to return
half the money paid. (Decree No. 5,624 of 10 May 1919, section 14.)
RUMANIA.—The emigrant may withdraw from the contract for any
reason, provided that he announces his intention at least twenty-four hours
before departure. The agent must return the money paid by the emigrant,
less 15 per cent. (Act of 11 April 1925, section 30.)
S E R B - C R O A T - S L O V E N E KINGDOM.—The Act of 30 December
1921 stipulates t h a t an emigrant may withdraw from the contract a t his
own desire up to the day of embarkation. He is entitled to the return
of half his fare (section 21).
SPAIN.—If an emigrant wishes to withdraw from his contract, he must
notify the transport agent from whom he obtained his ticket at least five days
before the date of embarkation. He is then entitled to the return of half
the money paid. (Regulations of 20 December 1924, section 79.)
(d) D E L A Y I N T H E E X E C U T I O N O F CONTRACTS AND I N T E R R U P T I O N
OF OR F A I L U R E TO COMPLETE T H E J O U R N E Y
Three different series of regulations are in force concerning
cases in which t h e ship is prevented from sailing on the d a t e
fixed, or is definitely unable t o continue t h e journey, or in which
t h e journey is temporarily broken, b u t these regulations are
sufficiently similar in character t o w a r r a n t their inclusion under
t h e same heading. I n all three cases t h e non-execution of t h e
contract is due t o various causes, in consequence of which the
responsibility of t h e t r a n s p o r t agent or head of undertaking is
more or less involved. Distinction is made between cases of
force majeure, such as a blockade, a n d cases of unforeseen a n d
fortuitous circumstances, such as a storm a t sea, engine trouble
n o t due t o negligence, etc., and cases due t o t h e fault of t h e
t r a n s p o r t agent, such as delay in preparations for departure, accidents due t o negligence, etc. I n some countries, t h e obligations
of t h e t r a n s p o r t agent in these various cases are given in great
detail in t h e Emigration Acts and regulations; b u t frequently
1
See Supplement I : Decree of 11 Oct. 1927.
THE CONTRACT
239
t h e legal stipulations on this subject are not sufficiently definite,
and disputes concerning the obligations of the transport agent
in the different countries are settled according t o the decisions
of the courts in similar disputes. I n view of the number of cases
brought before the courts, there are invariably sample cases upon
which to base decisions. I n some countries provisions concerning
this question are t o be found in the maritime laws.
The present paragraphs deal exclusively with the legal provisions. I n most countries no distinction is made between
delay due t o an unknown cause or t o fortuitous circumstances
or due to faulty equipment, and the transport agent must defray
all expenses incurred. That is t o say, he is required t o fulfil all
the obligations he has assumed concerning board and lodging
for the emigrant from a fixed date stated in the contract, and
notwithstanding any delay or interruption, he is still required
t o continue t o feed and house the emigrant. I n addition, he
may be called upon t o pay damages for time lost and inconvenience suffered b y the emigrant. I n cases of force majeure as
specified by the Acts or defined b y the authorities, the transport
agent is released from his obligations in some countries, or, at
least, is not required t o p a y damages in consequence of delay
or interruption. Sometimes, if the cause of delay or interruption
can be imputed t o the emigrant, the transport agent is released
from all obligations.
Frequently, a daily subsistence allowance m a y be paid to the
emigrant in lieu of board and lodging for t h e period of delay or
interruption.
Moreover, in some countries t h e transport agent is required,
after a certain period, t o provide other means of transport or,
particularly if t h e accident happens before departure, t o agree
t o withdraw the transport contract and t o refund the fare, and
sometimes t o p a y additional compensation or defray t h e expenses
of returning the emigrant t o his home.
AUSTRIA.—If the ship is detained at the port of embarkation, or even
if delay arises at a railway station, in cases where the company has undertaken to arrange transport by land, the expenses incurred due to such delay
shall not be defrayed by the emigrant, provided t h a t there is no fault on
his part. If the ship is detained more than eight days, the emigrant has the
right to cancel his contract and to claim repayment of the fare and fees paid
to the company and compensation for the journey to and from the port of
embarkation.
If the vessel is delayed or cannot continue the journey, the company must
240
CONCLUSION OF THE TRANSPORT CONTRACT
feed and house the emigrant free of charge for the period of delay, or must
provide some other means for transporting the emigrant and his luggage to
his final destination, according to the conditions laid down. (Regulations
of 27 J u n e 1921, section 12.)
BELGIUM.—The transport agent is required to transport emigrants
and their belongings to their destination. This obligation still applies even
if, for any reason whatever, with the exception of war or blockade, the vessel
does not leave the port on the day fixed, or is unable to continue the journey.
Notwithstanding any agreement to the contrary, the subsistence allowance
in such cases is fixed at 8 francs 1 a day for an adult emigrant, and at 4 francs
for a child between one and twelve years of age,. If the vessel puts into
port, the emigrant must be fed and housed on board for the period of the
delay a t the expense of the shipping company, or must be compensated
for expenses incurred on shore. (Order of 25 February 1924 on the Transport
of Emigrants, section 16, and Official Communication of the Belgian
Government, 1927.)
CHINA.—If the departure does not take place on the date fixed, the
emigrants are entitled to receive compensation from the transport agent for
the inconvenience suffered unless the postponement was unavoidable.
(Regulations of 21 April 1918, section 12.)
CZECHOSLOVAKIA.—-If the departure is postponed, the carrier is
obliged to feed and house the emigrants at his own expense in the port
of embarkation or a t the station where the emigrants are assembled from
noon on the third day after the date of departure as fixed in the contract
until the actual date of departure. If the reason for the delay cannot be
imputed to the emigrant, he may demand either free board and lodging
or the payment of compensation for each day of delay a t a rate to be fixed
by special decree.
If the delay lasts for more than a week, the emigrant has the right not
only to cancel the contract, but also to claim repayment of the fare and
payment of the return journey, including board, without prejudice to the
compensation which he might receive. If the ship does not undertake
the journey, or cannot continue the journey, or if the journey beyond
the port of disembarkation guaranteed by the carrier is delayed for any
reason whatever, the carrier is required to provide suitable board and
lodging for the emigrant at his own expense, or to pay him a daily
compensation. He must further, within the shortest possible time, secure
the transport of the emigrant and his luggage t o his destination. (Act of
15 February 1922, sections 25 and 27.)
DENMARK.—In event of the departure being postponed, emigrants
must be fed and housed on board or on land a t the expense of the transport agent; they may, in agreement with the agent, receive a daily sum of
money, the amount of which must be specified in the contract.
If the departure is postponed for more than eight days after the day
fixed in the contract, the emigrant may, if he wishes, cancel the contract
and claim the return of the fare paid, after deduction of the amount expended
on his board and lodging during the eight days.
If, in consequence of an accident, or for any other reason, the ship is delayed
on the journey, the passengers must be fed and housed on board at the cost
of the transport agent or must receive compensation to an equal value for
the whole period of the delay. Danish consuls are required t o assist emigrants in any case where the above conditions are not observed.
If the ship is delayed for more than four weeks and the transport agent
One Belgian iranc = approximately 1-ad.
t
THE CONTRACT
241
or his representative has not made arrangements to transport the emigrants
by some other means, the Danish consul shall, at the expense of the transport
agent, charter another ship to enable the emigrants to reach their destination
under suitable conditions. (Regulation of 28 March 1870, sections 46
and 49-53.)
FRANCE.—If the ship does not leave the port a t the date fixed by the
contract, the agency must pay daily compensation to each emigrant. If the
delay exceeds 10 days (except in cases of force majeure, accepted as such
by the emigration officer of the port) and if in the interval the agency has
not arranged to transport the emigrants by another ship under the conditions
stated in the contract, the emigrant has the right to withdraw from the
contract, without prejudice to any compensation t h a t may be due to him ;
however, if the delay is due to force majeure, the emigrant has only the right
to board and lodging either on board or on land a t the expense of the agency.
If, during the journey, the ship puts into port or is forced to put into port,
emigrants must be fed and housed on board at the expense of the shipping
company, or must receive compensation for expenses incurred on land.
If the ship is wrecked, or any other accident should happen at sea, the agency
is required to defray the expenses of transporting the emigrant to his
destination as fixed in the contract. (Act of 18 July 1860, sections 7 and 8.)
GERMANY.—Should there be any delay in the departure, for which
the emigrant is not responsible, or a break in the continuation of the
voyage, the transport agent is obliged to provide suitable food and
lodging for the emigrant without increase in the price. If the delay
exceeds a week, the emigrant has the right to claim the repayment of his
travelling expenses and the payment of compensation for the loss incurred
by him as a result of this delay. (Act of 9 June 1897, sections 27 and 28.)
GREAT BRITAIN.—According to the Merchant Shipping Act, 18941906, if any ship fails to put to sea at the time indicated on the contract
ticket, the shipowner, charterer or master of the ship must pay subsistence
money to every steerage passenger at the rate of Is. 6d. per day for the
first 10 days and 3s. per day for every subsequent day (section 329).
If any steerage passenger, through no negligence or fault on his part,
finds himself a t a port outside the British Isles other than t h a t to which the
ship was originally bound, or at which he had contracted to land, the
governor (in the case of a British possession) or the British consular officer
there, shall forward the passenger to his intended destination, unless the
master of the ship, within forty-eight hours of the arrival of the passenger,
undertakes to forward or transport the passenger within six weeks to his
original destination. A passenger so forwarded shall not be entitled to
the return of his passage money or t o any compensation for loss of passage
(sections 328 and 333).
If a ship has been wrecked or rendered unfit to proceed on her journey,
and any steerage passengers have been brought back to the British Isles,
the master, charterer, or owner of the ship in question must submit a written
undertaking to the nearest emigration officer that the passengers will be
forwarded to their destination within six weeks either in t h a t ship or in
some other eligible ship. The shipowner, charterer, or master of the ship
must also provide for the maintenance of the steerage passengers during
this time, either lodging them on board or paying them or the emigration
officer (if they are lodged in a Government establishment) a t the rate of
Is. 6d. per day : if they are not forwarded within six weeks, the passage
money may be recovered (section 331).
GREECE.—Tickets, whether issued provisionally or otherwise, and
likewise every declaration, agreement, or simple receipt must contain a
precise statement as to the day on which or within what period (which must
17
9
242
CONCLUSION OF THE TRANSPORT CONTRACT
in no case be longer than eight days) the departure of the passenger is t o
take place, on board which vessel he is to travel, and from which port he is
to start.
If the departure does not take place within the period specified, the emigration agent must pay the emigrant the sum of 10 drachmas 1 daily to the
date of departure. This sum is payable to the passenger for a fortnight
from the end of the period specified on the ticket. The passenger has the
right to renounce the contract a t any time during the period of delay, and
in such event the fare which he has paid in advance is returned to him.
At the end of the period of a fortnight referred to above, or when the
journey is definitely postponed for any reason, the agent must, in addition;
to paying the sums already mentioned, repay to the passenger his expenses
from his home to the port of embarkation and also his expenses home again,
even if the passenger does not return home immediately.
These different sums are paid to the passenger on presentation of a statement drawn up by himself and examined by the competent director of the
emigration office. In the event of refusal on the part of the agent, the
necessary documents, accompanied by a report, are sent t o the proper
Department of the Ministry of the Interior, which, without further formality,
orders the payment to be made from the deposit made by the responsible
agent.
If the voyage is postponed as a result of force majeure, the emigration
agent has the right to denounce the contract within the fortnight's grace
allowed on paying to the emigrant the above-mentioned compensation for
the period already elapsed and his travelling expenses from and to his home»
and on repaying him the cost of the sea journey. (Act of 24 July 1920 r
section 22.)
HUNGARY.—In event of postponement of the departure through no
fault of the emigrant, the transport agent must feed and house the latter free
of charge, and must make arrangements for the transport of the emigrant
to his destination as soon as possible. (Emigration Act of 1909, section 23.)
ITALY.—Any emigrant holding a third-class ticket is to be boarded and
lodged a t the expense of the carrier from noon of the day preceding that
indicated on the ticket as the date of the sailing to the date on which the
vessel sails, whatever may be the cause of delay in sailing. An emigrant
holding a third-class ticket who has been informed of a delay in sailing (after
he has been supplied with a ticket) before he leaves his home is entitled to
an allowance of 2 lire a day. If the delay exceeds ten days the emigrant
concerned may break his contract and recover the fare which he has paid,
without prejudice to any compensation that may be due to him.
If the vessel stops at any intermediate port, emigrants holding third-class
tickets must be fed and housed at the expense of the carrier, but ordinary
passengers must provide for themselves. If the ship is unable to continue
the journey or if it is forced to remain in port for more than fifteen days,
the carrier must send another ship to transport the emigrants to their
destination. If he does not do so, the Ministry of Foreign Affairs, after
consulting the emigration council, shall draw upon the deposit paid by
the carrier in order to charter another ship. (Consolidated Text of
13 November 1919, section 34, and Manuale per Vinstruzioni
degli
emigrante, 1925, page 111.)
JAPAN.—The recruiter of emigrants is required to fix and announce the
date of departure of emigrants recruited collectively ; and in the case of avoidable postponement, he must defray all the expenses incurred by the recruited
One drachma = approximately 07d.
THE CONTRACT
emigrants as a result of the postponement.
consolidated in 1907, section XV, (1).)
243
(Emigrants Protection Act,
LITHUANIA.—If, through no fault of the emigrant, the departure is
postponed or he is forced to break his journey, the transport agent must,
a t his own expense, provide board and lodging for the emigrant during
the whole period of the delay, and must dispose of his luggage and make all
necessary arrangements to forward the emigrant to his original destination
as quickly as possible.
If the departure is postponed for more than fourteen days, and no
responsibility can be laid upon the emigrant, he is entitled to withdraw
from his contract and to recover the full amount that he has paid.
(Act
of 18 July 1922, sections 9 (d) and 11.)
NETHERLANDS.—The transport agent must feed and house the
emigrants that he has undertaken to transport. He is under this obligation
from the day fixed for the departure until forty-eight hours after the
arrival of the emigrants a t their destination. If the ship does not sail or
if the voyage is interrupted, the agent must provide food and lodging for
the emigrants and must arrange for their transport by another ship. He
is released from this obligation if the departure was postponed or the
journey interrupted as a result of force majeure (with the exception of
accidents a t sea). (Transport of Emigrants Act oft1861-1869, sections 10-12.)
NORWAY.—Should an accident happen on the journey, the emigration
agent is required to feed and house the emigrant, and to arrange for his
transport by some other means if the ship is unfit to continue the journey;
no additional charge may be made. (Act of 22 May 1869, section 6.)
POLAND.—See Supplement I.
PORTUGAL.—Shipping companies must feed and house emigrants
a t the port of embarkation from the day fixed for sailing to the actual day of
departure, or if the ship cannot sail on account of faulty equipment or any
other circumstances outside the control of the emigrants, they must pay a
daily sum of 1.80 duros to each emigrant or must arrange for them to continue
their journey on another ship. The emigrant has the right to demand the
return of His fare and to be sent back to his home at the expense of the
company. However, if the emigrant has been recruited by an agent and
has made a contract with him, the recruiter is obliged to fulfil the above
obligation, and this must be stated in the contract.
If the journey is interrupted or the emigrant is forced to disembark, he
must be fed and housed a t the expense of the transport company; this
obligation must be fulfilled by the emigration agent in cases of emigrants
who have been recruited. (Decree of 10 May 1919, sections 12 and 15,
and Regulations of 19 J u n e 1919, section 68.)
RUMANIA.—The transport agent is required to feed and house the
emigrant from the day fixed for the departure and during the whole journey
to the final destination. This also applies for the whole period of any delay
on the journey due to reasons for which the emigrant is in no way responsible.
If the ship is detained more than ten days after the date of departure as
fixed in the contract, the emigrant is entitled to withdraw from the contract
and to recover the whole amount paid out, together with damages as fixed
by the authorities (this does not apply in cases of force majeure). (Act of
11 April 1925, sections 27 and 29.)
SERB-CROAT-SLOVENE KINGDOM.—If the ship does not sail on
the date fixed, the shipping company has to provide the emigrant with food
and lodging during the period of the delay. If the delay exceeds one week,
244
CONCLUSION OF THE TRANSPORT CONTRACT
the emigrant has the right to cancel the contract at the expense of the
shipping company, or to demand an indemnity of 50 dinars 1 for every
day's delay. The shipping company is liable for all expenses exceeding
those stated in the contract that may be incurred on the sea journey in
consequence of bad weather or official orders or for any reason due to
force majeure. (Act of 30 December 1921, section 21.)
SPAIN.—In the event of the departure being postponed for no reason
that can be imputed to the emigrant, the agent must pay every emigrant
who does not live in the district 4 pesetas for every day during which the
ship is detained 8 . This does not apply if the agent has informed the
emigrants by registered letter of the probable delay within ten days before
the date of departure. In cases of force majeure, accepted as such by the
inspector on board, any indemnities paid to the emigrants may be drawn
from the Emigration Fund. Further, the agent is not obliged to pay
compensation if the delay occurs after the embarkation of the emigrants,
provided he feeds them a t his own expense until the hour of departure.
I n the event of the delay lasting for a longer period t h a n fourteen days,
the emigrant may withdraw from the contract, and shall be entitled to the
repayment of the moneys paid by him or, in case of a free passage, to the
payment of the expenses of his journey home.
If the departure of a ship is postponed, the agent may be required or
authorised (if he asks for it himself) by the emigration inspector to arrange
for the transport of the emigrants by another ship complying with the same
requirements as the first one if this second ship is to sail within fourteen days
of the date fixed for the original departure. Emigrants who do not agree
to travel under these conditions are not entitled to compensation, but if the
departure of the second ship takes place more than fourteen days later the
emigrants are entitled to withdraw from the contract. If the emigrant is
prevented from embarking on account of delay on the railway t h a t is not
the result of force majeure, the railway company is obliged to send the
emigrant and his luggage free of charge back to the station from which he
came or t o pay him 4 pesetas a day until he is able t o embark. This sum is
only payable for fourteen days. (Consolidated Text of 20 December 1924,
sections 41-45, and Regulations of the same date, sections 84-86.)
SWEDEN.—If the departure is postponed for any reason for which the
emigrant is not responsible, the transport agent must feed and house the
emigrant satisfactorily, unless the emigrant agrees, to accept compensation
in money. I n this case the amount of compensation must be stated in the
contract.
If the journey is interrupted, the transport agent must feed and house the
emigrant; otherwise the nearest Swedish consul must do so.
If the period of delay exceeds four weeks, the consul must make the
necessary arrangements to forward the emigrant to his destination by a
suitable ship. If it is necessary to break the jourriey, he must arrange for
transhipment in a port where there is a Swedish consul. If the emigrant
chooses to return to his home, the consul must make the necessary arrangements. Any expenses incurred by the consul are t o be met from the
deposit paid by the transport agent. (Order of 4 June 1884, sections 7,
9, and 10.)
SWITZERLAND.—According to the Act of 22 March 1888, section 15,
(7), (e), the emigration agent is required to feed and house the emigrant
in all cases of delay or interruption of the journey, provided t h a t there is
no fault on the part of the emigrant. In cases where the means of transport
1
2
One dinar = approximately 0 -9c!.
One peseta = approximately 8èd.
VARIOUS ADDITIONAL REGULATIONS
245
stated in the contract are not available, arrangements must immediately
be made to forward the emigrant by other means of transport conforming
to the conditions of the contract.
§ 4.—Various A d d i t i o n a l R e g u l a t i o n s
Various restrictions are in force t o limit and control the activity
of transport undertakings and t o protect the emigrants who pass
through their hands from being exploited by them. The following
eases are examined : (a) Propaganda and publicity; (b) Banking
operations ; (c) Transport of persons whose emigration is forbidden ;
(d) Inspection of books and registers; (e) Arbitration, etc., concerning t r a n s p o r t ; (f) Publication of provisions concerning
emigration.
(a)
P R O H I B I T I O N OF PROPAGANDA I N F A V O U R
OF EMIGRATION
Propaganda is prohibited in various ways—for example : no
propaganda in favour of emigration is allowed; one person may
not both recruit and transport emigrants; it is forbidden t o
undertake t o supply a n y foreign country with workers or settlers;
no travellers may be employed ; emigration companies may only
publish certain specified information (the routes t o be followed,
names of ships, ports of embarkation, price, etc.); handbills and
prospectuses must be submitted t o inspection by the authorities
before being distributed, and they must only be sent t o persons
who ask for information.
AUSTRIA.—Transport undertakings are forbidden to recruit emigrants
in Austria. They may not employ travellers or runners (Wandernden
Agenten und Zutreibet), or establish unauthorised offices.
I t is forbidden to solicit business from any person either directly or by
means of an intermediary, or to give money to any passenger in consideration of his inducing others to emigrate.
Transport undertakings are authorised only to publish the addresses of
their agencies and ticket offices, the routes followed by their ships, and
information concerning the equipment of their ships and conditions of
transport. This information may only be given publicly (advertisements
in papers, notices, etc.) and must only be sent to persons who ask for it.
(Regulations of 27 J u n e 1921, section 6.)
CZECHOSLOVAKIA.—Transport agencies are only allowed to state
in their advertisements their office address, the name of the ship, and the
route and conditions of transport. They are not allowed to distribute
prospectuses to persons who do not ask for them, nor to enter into relations
246
CONCLUSION OF THE TRANSPORT CONTRACT
on the subject of emigration with third parties who, for the purpose of
propaganda, undertake paid work for them. (Act of 15 February 1922,
section 19.)
GREAT BRITAIN.—By the Merchant Shipping Act, 1906, section 24,
any person who, by any false representation, induces, or attempts to induce,
any person to emigrate, or to engage a steerage passage in any ship, shall
be liable to a fine not exceeding £50, or to imprisonment with or without
hard labour for a period not exceeding three months.
Colonies : Hongkong.—The Asiatic Emigration Ordinance, 1915, section 53,
stipulates t h a t every person who unlawfully, either by force or fraud, takes
away, or detains against his will, any person with intent to put him on board
any emigrant ship, shall be guilty of felony, and liable to imprisonment for a
term not exceeding seven years. If it appears to the Secretary for Chinese
Affairs, or the Emigration Officer, t h a t any emigrant who is unwilling to
leave port has been taken on board by fraud, violence, or other unlawful
means, he shall land the emigrant, and procure him a passage back to his
native place, and all expenses involved shall be recoverable from the passage
broker of the vessel in which the emigrant was shipped or intended to be
shipped (section 41).
Windward Islands.—The laws of St. Lucia and St. Vincent provide t h a t
any person who, personally or by means of an intermediary, shall write,
print, publish, or circulate any written or printed notification which, in the
opinion of the magistrate before whom he is charged, conveys any inducement
to any labourer to proceed to a notified place, shall be liable to a fine not
exceeding £50 in respect of each such offence. (St. Lucia : Emigrants
Protection Ordinance, 1916, section 9, (1) (g) ; St. Vincent : Emigrants
Protection Ordinance, 1924, section 9, (1) (g).)
GREECE.—All emigration agencies, their representatives, or their
employees are forbidden to carry on propaganda in favour of emigration
by means of publications, circulars, etc., or the giving of information.
They are also forbidden to publish or to put into circulation, by any means
whatever, information of this kind. Circulars and bills issued by emigration
agents must mention nothing but the name and tonnage of the ship, the
date of departure, the names of the different ports and length of time to
be spent there, the duration of the journey, and the restrictions on emigration in force in the oversea countries. (Act of 24 July 1920, section 21.)
HUNGARY.—According to the Emigration Act of 1909, section 15,
the transport agent, his representatives, and employees are forbidden to
publish or to send to anyone notices, appeals, or handbills on emigration.
Publications must be confined to information as to route, food, and transport.
This information must not be sent or given verbally direct to the emigrant
except a t the express request of the latter.
ITALY.—Carriers must keep a collection of all printed matter, circulars,
communications and publications issued by them or their representatives.
I t is also a punishable offence under the Italian Penal Code (section 416)
to engage in propaganda in favour of emigration by means of circulars,
guides, and publications of all kinds. I t is also a punishable offence to
induce an emigrant to go to a country other than t h a t to which he intended
to emigrate by means of false representation or to accept money in consideration of so doing. (Quoted by the Emigration Act of 1919, section 14.)
LITHUANIA.—Emigration undertakings and their representatives are
forbidden to encourage Lithuanian nationals to emigrate, by means of
publications or otherwise. These undertakings are also forbidden to
advertise themselves in any way likely to encourage nationals to emigrate.
VARIOUS ADDITIONAL REGULATIONS
247
Circulars must only indicate the title of the company, the route to be
followed, and the price of rail and boat tickets. (Act of 18 July 1922,
sections 14 and 15.)
NORWAY.—Transport agents and sub-agents are forbidden to encourage
emigration by means of false information on the situation in foreign countries.
They are also forbidden to offer their services in an officious manner.
(Regulations of 18 December 1899, section 3.)
P O L A N D l .—Shipping companies and their employees are forbidden
to engage in any propaganda in favour of emigration, either directly or by
means of a third party. Under this restriction, it is forbidden to give any
information other than that concerning the conditions of the journey to
the country of immigration. (Model Licence for Transport Undertakings,
1925, section 4.)
PORTUGAL.—Under the Decree of 10 May 1919, section 10, all public
encouragement of emigration and all propaganda in favour of individual
or collective recruiting of emigrants is forbidden. Infringement of, this
Decree is punishable even if the propaganda is unsuccessful.
Under the Emigration Regulations of 19 June 1919, section 78, emigration
agents are only authorised to publish conditions of contracts and guarantees
and the place of destination.
RUMANIA.—Transport companies or their representatives are forbidden
to send to anyone, or to post up, any information other than t h a t concerning
the route followed by their ships and conditions of transport and accommodation, and food for the journey.
All propaganda in favour of emigration is strictly forbidden and punished.
If false information is given, the licence of the transport company may be
withdrawn, and a t least the agency giving the false information may be
closed. (Act of 11 April 1925, sections 23 and 44.)
S E R B - C R O A T - S L O V E N E KINGDOM.—The recruiting of emigrants,
especially by means of false information, etc., is strictly forbidden. Representatives of shipping companies may not give any information except
such as concerns the transport itself. Emigrants must not be recruited
by representatives travelling in the country, and any activity of this kind
is subject to severe punishment. (Act of 30 December 1921, sections 23
and 24.)
SPAIN.—Recruiting and propaganda in favour of emigration are
forbidden. The bills and circulars of shipowners and charterers concerning the transport of emigrants must not mention anything besides
the dates of arrival and departure of the ships at ports of embarkation and
destination, and intermediate ports and transport conditions.
Emigration agencies properly speaking are altogether forbidden on
Spanish soil.
Shipowners must send to the local emigration inspector two copies of
every prospectus, bill, or other printed matter which they publish concerning
their operations. The inspector returns one of them t o the shipowner
signed and stamped. The latter must place this copy a t the disposal of
the inspectors a t any time. All copies circulated must be in accordance
with the approved copy. (Consolidated Text, 20 December 1924, section 34,
and Regulations of the same date, sections 46 to 51.)
SWITZERLAND.—The Federal Council has the right to prohibit
i See Supplement I : Decree of 11 Oct. 1927.
248
CONCLUSION OF THE TRANSPORT CONTRACT
announcements in public journals or any other publications which might
lead astray persons desirous of emigrating. Agents and sub-agents are
forbidden to induce persons to emigrate or to try to do business connected
with emigration by going up and down the country.
The Federal Law also forbids emigration or colonisation agencies t o
conclude contracts by which they undertake to send a definite number of
persons either to a transport undertaking or a colonisation or any other
kind of enterprise, or to a foreign Government. (Regulations of 10 July
1888, sections 12, 14, and 24.)
(b) REGULATIONS CONCERNING BANKING OPERATIONS
In many countries transport undertakings are forbidden to
advance any money to emigrants. Sometimes they are forbidden
to undertake any exchange operations. In special circumstances,
and under strict supervision, they are sometimes permitted or
required to change money for the convenience of emigrants
(payment of tickets, etc.).
AUSTRIA.—Emigrants may change money a t hostels belonging t o
transport companies, but a record must be kept of all moneys so exchanged.
If the cost of transport is stated in the contract in foreign money, the
emigrant has the right to pay for his ticket in the money stated in the
contract a t the exchange rate of the day, or in Austrian money, as he
chooses. If the cost of transport is stated in Austrian currency, the emigrant
may pay an equivalent sum in foreign money, or even a fraction of t h a t
sum; but if the contract is withdrawn, all repayments are made in t h e
currency in which the cost of transport is stated. However, if the price is
stated in foreign currency, and repayment is made in Austria, the company
may make such repayment in Austrian currency a t the rate of exchange of
the day. (Regulations of 27 June 1921, sections 21 and 8.)
CZECHOSLOVAKIA. — Carriers, their representatives, and their
employees are forbidden to engage in the business of purchase, exchange,
or credit, with emigrants or with members of their family, either directly
or by means of a third person. Carriers are also forbidden to advance any
money to emigrants in the form of a loan. (Act of 15 February 1922,
section 23.)
HUNGARY.—The Emigration Act of 1909 forbids transport agents to
advance any money to emigrants (section 23).
JAPAN.—Moneylenders or bankers may not advance money t o an
emigrant for his passage or for any other expenses connected with his
departure unless they have previously obtained the approval of the authorities of the district in which they carry on their activities.
When applying for this approval, they must state the rate of interest,
the method by which payment is to be made, and other conditions of the
loan. Moneylenders must keep proper books of accounts, and must allow
them to be inspected by the authorities. (Emigrants Protection Act,
section X X , (8), and Regulations concerning the application of the said
Act, sections LI and LII.)
LITHUANIA.—Emigration undertakings are forbidden to forward or
VARIOUS ADDITIONAL. REGULATIONS
249
to change money or to undertake any business not mentioned in the Emigration Act of 18 J u l y 1922 (section 16 of the above Act).
RUMANIA.—Transport undertakings or agencies are forbidden t o
engage in exchange operations. (Act of 11 April 1925, section 23.)
SERB- CROAT- SLOVENE KINGDOM .—Under the Act of 30 December 1921, section 23, emigration agencies are strictly forbidden to engage in
exchange operations. All business of this nature concerning emigrants is
put in the hands of emigration inspectors by the Regulations of application
of 30 July 1923.
SWITZERLAND.—According t o the Act of 22 March 1888, agencies
with whom emigrants have deposited any money must make arrangements
whereby the emigrant may receive the exact value of his deposit without
any deduction and in cash a t the rate of exchange current when t h e deposit
was made in Switzerland.
Normally payments must be made on a basis of t h e rates of exchange
current in the chief European exchanges (section 14).
(c)
P R O H I B I T I O N OF THE TRANSPORT OF P E R S O N S WHOSE
EMIGRATION OR IMMIGRATION I S P R O H I B I T E D
These restrictions have been drawn u p in order t o combat
clandestine emigration. Transport companies are held responsible for any irregularity concerning emigrants transported. I t
is therefore t o their interest t o satisfy themselves t h a t there is
no reason why an emigrant should not be allowed either t o leave
his own country or t o enter t h e foreign country, a n d t h a t he
has fulfilled all necessary legal conditions. Consequently, the
position of the emigrant is made doubly sure, since he must pass
the inspection of t h e authorities and of the transport company.
I n some countries special regulations are in force concerning
emigration t o t h e United States.
FRENCH MANDATED TERRITORY : Syria and Lebanon.—
Licensed shipping companies must only issue tickets t o t h e emigrant himself
upon presentation of his passport. (Order No. 2975 of 4 December 1924.)
AUSTRALIA.—The Emigration Act of 1910, sections 10 and 11, stipulates that the master, owner, or agent of a vessel who has reason to suspect
t h a t a n y passenger is a prohibited emigrant must, before the departure of
the vessel, give notice to the customs authorities or other competent
officers.
AUSTRIA.—The Regulations of 27 June 1921 concerning transport
companies state t h a t these companies m a y not agree t o transport Austrian
emigrants who, according to Austrian laws, are under certain obligations,
unless they have previously ascertained from the Government that all
the legal provisions concerning t h e fulfilment of these obligations have been
observed.
They are forbidden to transport Austrian emigrants who are not in
250
CONCLUSION OF THE TRANSPORT CONTRACT
possession of passports or other necessary documents, or those whose immigration is forbidden by the legislation of the foreign country. Such persons
are entitled to the return of the fare paid in advance (section 7).
CZECHOSLOVAKIA.—Carriers are forbidden to transport Czeehoslovakian emigrants who are not in possession of a duly certified emigrant's
passport for the country to which they wish to go, or to transport persons
whom they know are prohibited from emigrating under the provisions of
the Act. (Act of 15 February 1922, section 20.)
D O M I N I C A N R E P U B L I C — U n d e r the Decree of 12 January 1923,
it is forbidden to sell a ticket to or to arrange for the transport of any foreign
worker who has come to the Republic for seasonal work (sugar plantations, etc.) before he has finished the work for which he has come. Under
the same Decree it is forbidden to recruit such workers or to arrange for
their departure before the termination of their contract.
F R A N C E : Colonies.—Natives are not permitted t o embark without
a special authorisation from the Governor. Any master of a ship or charterer is forbidden to transport any native either to a French possession or
to a foreign country who has not obtained an emigration permit.
The master of a ship is required to satisfy himself t h a t natives so embarked
are landed at the destination stated on the permit. (Congo : Decree of
2 July 1901 ; Ivory Coast : Decree of 25 October 1901 ; Somali Coast : Order
of 6 September 1920; Dahomey : Decree of 14 October 1902; Madagascar :
Decree of 6 May 1903; Senegal : Decree of 17 June 1895.)
G R E A T B R I T A I N : Colonies : Gambia.—Under the terms of the
Native Labour (Foreign Service) Ordinance, 1913 (sections 19 and 21), the
master of a ship shall be guilty of an offence if there is found on board any
deck passenger * or member of the crew, being a native of West Africa, who
has embarked at any port within the colony, or in any other British colony
or protectorate, without the certificate required by the law of the colony
or protectorate.
Hongkong.—The Asiatic Emigration Ordinance, 1915 (section 17), stipulates
t h a t emigrant ships shall not carry any emigrants except free emigrants
(that is, emigrants not under any contract of service whatsoever).
Jamaica.—The Emigrants Protection Law, 1924 (section 15, (1)), stipulates
t h a t the master of any ship bound for any port in an approved place shall
not receive or have on board as a passenger any person who is not furnished
with a permit to emigrate to such a place.
Nigeria.—The Native Labour (Foreign Service) Ordinance, 1916, section 20, declares t h a t it shall be the duty of the master of a ship, before
permitting any native to embark a t any port or place in Nigeria as a deck
passenger, to satisfy himself that such native, if he is an assisted emigrant or
a person leaving Nigeria under contract to serve as a labourer outside Nigeria,
is the holder of a certificate and has entered into a contract in accordance
with the provisions of the law.
Windward Islands.—The laws of St. Lucia and St. Vincent stipulate that
any shipping agent who books or receives any passenger to a notified place
without the passenger having first produced and left with him a permit
authorising him to leave the colony, shall be guilty of an offence and liable
to a fine not exceeding £20. (St. Lucia : Emigrants Protection Ordinance,
1916, section 11 ; St. Vincent : Emigrants Protection Ordinance, 1924,
section 11.)
1
The expression "deck passenger" should be taken to mean a native labourer under
contract for service outside the British Dominions or any British territory.
VARIOUS ADDITIONAL REGULATIONS
251
GREECE.—The emigration agent may require any passenger to supply
him with all the necessary information to prove t h a t he has fulfilled all the
legal conditions required by the country of immigration.
Charterers or agents are forbidden to sell tickets for abroad to any Greek
subject who is not in possession of a passport whatever his age or sex.
(Act of 24 July 1920, sections 18 and 20.)
HAITI.—Any master of a ship who receives on board any emigrant not
in possession of the special passport that is necessary is liable to a heavy
fine. Any fines or penalties incurred by the master of a ship are recoverable
jointly and severally from the agent or the shipping company or the
proprietor, charterer, or the consignee of the ships. These ships may be
distrained and prohibited from sailing until judgment has been delivered.
(Act of 28 February 1924, section 14, and Act of 16 April 1924, section 3.)
HUNGARY.—Under the Emigration Act of 1909, section 21, it is forbidden to conclude a transport contract with any person who is not in
possession of a passport.
ITALY.—It is forbidden to book a passage for any emigrant who is not
in possession of a passport. (Act of 13 November 1919, section 25.)
L I T H U A N I A . — I t is forbidden to conclude a contract with any person
who does not possess a passport visaed for abroad or has not obtained
permission to leave the country from the Ministry of the Interior. (Act of
18 July 1922, section 7.)
MEXICO.—The master of a ship is forbidden to transport any sailor or
passenger unless he has satisfied himself that all the provisions of the
Migration Acts concerning emigrants have been fulfilled. (Act of 12 March
1926, section 74.)
NORWAY.—Before engaging in any business concerning emigration,
a transport agent is required to satisfy himself that the person in question
is not prevented from leaving the country owing to military service ; is not
under arrest, has paid all his taxes, and has properly provided for his family.
The transport agent is required to assist the emigrant in the fulfilment of
his legal obligations, and if he should suspect any irregularity he must
inform the police. (Regulation of 18 December 1899, section 7.)
P O L A N D K—-Licensed companies must undertake not to transport any
Polish emigrant unless he is in possession of the documents for the journey
issued by the Polish authorities ; they may only sell boat tickets to emigrants
conforming to the conditions in force in the country of destination. If
the company does not observe this restriction, it must return the price of
the ticket to the emigrant who is refused admission
and must pay a fine
to the Polish treasury of 100 to 5,000 zloty 2 , unless legal proceedings have
already been taken in the country of destination. (Model Licence for
Transport Undertakings, 1925, sections 11 and 12.).
P O R T U G A L . — B o a t tickets for the United States may only be sold
upon presentation of a passport and a certificate authorising embarkation
and indicating the number corresponding to the inscription and the date
of embarkation. This certificate is issued by emigration inspectors a t
Lisbon, Oporto, or the competent authorities in the insular ports. (Decree
No. 11658 of 11 May 1926.)
!See Supplement I : Decree of 11 Oct. 1927.
1
One zloty = approximately 5Jd.
252
CONCLUSION OF THE TRANSPORT CONTRACT
Colonies.—The master of any ship licensed to transport native emigrants
is forbidden to receive such natives on board without a list of the names and
destination of the emigrants drawn up by the maritime authorities. He
must satisfy himself that all legal conditions concerning emigration have
been fulfilled by such natives, and must sign a receipt for the natives
entrusted to him and from that moment he is responsible to the Curator
for the treatment of the natives on the journey and their safe arrival at the
port of destination. The master of a ship may refuse to transport any
native who, in the opinion of the medical officer on board, is suffering from
any disease or is incapable of working. (Decree of 14 October 1914,
section 144.)
RUMANIA.—Under the Act of 11 April 1925, section 15, agents and
heads of transport undertakings must before departure make careful
enquiry into the legal position of any emigrant they have undertaken t o
transport. I t is strictly forbidden to transport any Rumanian citizen who
is in possession of a passport issued by any foreign State.
S E R B - C R O A T - S L O V E N E KINGDOM.—Licensed transport undertakings may not sell tickets to any person who is not in possession of all
the documents required by emigrants. (Act of 30 December 1921,
section 17.)
SPAIN.—Before issuing any ticket, the transport agent must satisfy
himself t h a t the emigrant is in possession of all documents and permits
necessary to enable him to emigrate according to the provisions in force.
The number of the emigrant's identity card must be noted on the back of
the ticket.
Any agent licensed to transport emigrants who shall conclude a transport
contract with any person who, to his knowledge, is forbidden to emigrate
under the Emigration Act is liable to penalties under the Penal Code
according to the degree to which he is involved.
Under Spanish Emigration Acts prohibiting "recruiting, shipowners,
charterers, or consignees are forbidden to enter any emigrant in their books
as a "voluntary emigrant" who is in possession of a ticket paid for by a
Government, by a company, or by a private person in the foreign country
or by agencies for the recruiting of labour established in Spain. (Consolidated Text of 20 December 1924, sections 54 and 57, and Decree of
20 January 1925, section 15.)
SWITZERLAND.—Under the Act of 22 March 1888 agents are forbidden
to undertake the transport of any persons whose emigration is not authorised
(section 11).
(d)
INSPECTION
OF B O O K S
AND
DOCUMENTS
I n m o s t c o u n t r i e s t h e b o o k s a n d d o c u m e n t s of t r a n s p o r t
u n d e r t a k i n g s a r e i n s p e c t e d a t s t a t e d i n t e r v a l s b y specially
a p p o i n t e d officials or m u s t b e p r o d u c e d u p o n d e m a n d of s u c h
officials a t a n y t i m e .
I n o r d e r t h a t s u c h s u p e r v i s i o n m a y b e m a d e m o r e effective,
s o m e c o u n t r i e s r e q u i r e t h a t all b o o k s a n d c o r r e s p o n d e n c e of
t r a n s p o r t u n d e r t a k i n g s c o v e r i n g a c e r t a i n p e r i o d shall b e k e p t
VARIOUS ADDITIONAL REGULATIONS
253
(if t h i s is n o t r e q u i r e d of all firms) a n d t h a t all t i c k e t s shall b e
provided with counterfoils.
Copies of all d o c u m e n t s d r a w n u p b y t h e u n d e r t a k i n g m u s t
b e e n t e r e d in b o o k s s p e c i a l l y k e p t for t h e p u r p o s e .
AUSTRIA.—All books and correspondence must be kept for five years.
The Austrian authorities have the right to inspect them a t any time and to
demand any further information concerning the management of the business.
Companies must make a yearly return of all Austrian passengers transported ; they must be prepared a t any time to give all information required
concerning such passengers and must keep a list of their names, nationalities,
addresses, the class by which they travelled, place of embarkation and
disembarkation, and final destination. (Regulations of 27 June 1921,
sections 15 and 16.)
BELGIUM.—Transport contracts used as coupons must be numbered
and provided with counterfoils. Upon the demand of a Government Commissioner or any member of the Inspection Committee, heads or employees
of transport companies must produce these counterfoils and any temporary
agreement for which they have issued a contract coupon. (Order of
25 February 1924, section 22.)
CZECHOSLOVAKIA.—Carriers and their representatives must keep
books in which an accurate report of the business affairs concerning the
transport of emigrants is entered. All books and correspondence must be
kept for a period of five years. The Minister of Social Welfare may, at any
time, limit the activity of the carrier, his representative, or his employee.
He may also demand information and inspect their books and commercial
correspondence, and has the right to make a copy of any document.
(Act of 15 February 1922, section 18.)
GREECE.—In order to permit of the supervision of the departure of
emigrants and fees payable by them, shipowners and shipping agents must
every month submit a list of the names of persons to whom they have sold
tickets. Distinction must be made between emigrants and other passengers
and foreigners (that is to say, persons in possession of a foreign passport).
Emigration agencies must submit to the Ministry of the Interior a copy
of the declaration presented to the Immigration Office on Ellis Island by
the master of any ship sailing from Greece to America. This declaration
must be endorsed bv the Consul-General for Greece in New York. (Act
of 24 July 1920, sections 19 and 20.)
HUNGARY.—Heads and representatives of transport undertakings and
offices established in Hungary must keep a record of their business in official
books that must be held open to inspection upon demand of the authorities.
The authorities have the right to make a copy of any item entered in such
books. (Emigration Act of 1909, section 19.)
LITHUANIA.—All the correspondence of emigration undertakings must
be in Lithuanian. However, another language may be used simultaneously
with Lithuanian.
The Minister of the Interior is authorised to limi¿ the activity of emigration
undertakings and to supervise t h a t of their agencies. (Act of 18 July 1922,
sections 19 and 20.)
POLAND a n d the P O R T OF DANZIG.—The Emigration Office and
its officials have the right to inspect all documents connected with agencies
254
CONCLUSION OF THE TRANSPORT CONTRACT
of the company in Poland or Danzig, and to examine copies of transport
contracts which must be kept in the agencies. (Model Licence for
Transport Undertakings, 1925, section 5.)
PORTUGAL.—Agents and consignees of shipping companies must
hold all books and other documents concerning emigration open to the
inspection of State officials and supply any further information demanded
by these officials.
Passage and passport agents must (a) keep a record of all persons to whom
tickets have been sold, or for whom passports have been obtained, and
any relative information; this record must be kept in specially numbered
books, signed by the Commissioner-General of the Emigration Department;
(b) give officiais of the Emigration Department every facility for checking
these books and supply any further information required. (Regulations
of 19 June 1919, sections 66 and 82.)
RUMANIA.—Heads and representatives of transport agencies are
obliged to keep an accurate record of their business in the books specified by
the Commercial Code. They must also keep all letters received and copies
of all letters sent out, and produce them upon demand of the delegate of
the Minister of Labour, who has the right to inspect them at any time.
(Act of 11 April 1925, sections 22 and 32.)
S E R B - C R O A T - S L O V E N E KINGDOM.—The Minister of Social
Affairs has the right to exercise a strict control over all licensed undertakings
and their agencies, their travel bureaux, and their ships. He may also take
all necessary steps to supervise the activities of agencies. (Act of 30 December 1921, section 20.)
S P A I N . — I n every office where tickets are sold, a book must be kept
containing a record of all business done by the transport company, and a
separate book in which persons wishing to make any claim against a company
may state their case. These books must be submitted to the emigration
inspectors.
All correspondence must be kept for a period of five years. (Regulations
of 20 January 1925, section 22.)
SWITZERLAND.—Transport agents must submit all records, books,
and other documents concerning their offices to the inspection of the Department for Foreign Affairs. This also applies to sub-agents. The authorities
of each canton have also the right to inspect these documents. (Act of
22 March 1888, section 9.)
(e)
LEGAL PROCEDURE.
COMPETENT
AUTHORITIES
I n all c o u n t r i e s c e r t a i n a u t h o r i t i e s a r e e n t r u s t e d w i t h t h e
s e t t l e m e n t of a n y d i s p u t e s a r i s i n g b e t w e e n t r a n s p o r t a g e n t s a n d
e m i g r a n t s c o n c e r n i n g t h e e x t e n t of t h e o b l i g a t i o n s s t a t e d i n t h e
c o n t r a c t s , a n d t h e fixing of a g r e e d c o m p e n s a t i o n p a y a b l e i n
cases of n o n - e x e c u t i o n . S o m e c o u n t r i e s p r o v i d e a m e a n s of
a r r i v i n g a t a n a g r e e m e n t before t a k i n g legal p r o c e e d i n g s , a n d
fix t h e p e r i o d w i t h i n w h i c h t h e c l a i m m u s t b e l o d g e d .
Special a u t h o r i t i e s h a v e t h e r i g h t t o i m p o s e p e n a l t i e s for t h e
i n f r i n g e m e n t of E m i g r a t i o n A c t s a n d R e g u l a t i o n s .
VARIOUS ADDITIONAL REGULATIONS
255
FRENCH MANDATED TERRITORY : Syria and Lebanon.—
Emigration Commissioners, harbour masters, and the police authorities are
qualified to report cases of infringement of the provisions of the Emigration
Regulations. (Order No. 2,975 of 4 December 1924, section 16.)
AUSTRIA.—Under the Regulations of 27 June 1921, the Austrian
authorities may oblige transport companies to submit to the jurisdiction
of the nearest official Austrian representative (consul, Emigration Commissioner, etc.) in all cases of dispute arising between the company and a n
emigrant. The emigrant binds himself in a similar manner (section 8).
BELGIUM.—The Emigration Inspection Committee has to arrange
conditions and to settle amicably any disputes to which the engagement or
transport of emigrants may give rise. The Government Commissioner for
Emigration receives claims made by emigrants concerning food and equipment on the ship, and forwards such claims to the Maritime Inspection
Department for enquiry.
Any emigrant who wishes to lodge a complaint must apply to the Government Commissioner in the port of embarkation, or to the Belgian consul
in the port of arrival.
Any actions concerning the activity of recruiting or transport undertakings
must be brought before the judge of the place in which the head of the
undertaking resides. (Regulations of 25 February 1924, sections 3, 6, 11,
and 41.)
CZECHOSLOVAKIA.—Under the Act of 15 February 1922, section 22,
a carrier may be obliged by Decree to include a clause in the contract whereby
he agrees in all cases of dispute to submit to the jurisdiction of the
competent Czechoslovak consul, provided that the emigrant makes a written
statement binding himself in a similar manner.
The Regulations of 8 June 1922 stipulate that all disputes concerning
the transport of emigrants shall be submitted to the Czechoslovak consul
a t the place of arrival.
DENMARK.—If an emigrant wishes to lodge a complaint concerning
the non-observance of the contract during the journey, he must apply t o
the inspector, who will forward his claim through the consul. Any claim
t h a t is not made through legal channels is not accepted by the authorities.
(Regulations of 28 March 1870, section 57.)
GREAT BRITAIN.—A question as to the breach of or non-performance
with any stipulation in a contract ticket may be tried before a court of
summary jurisdiction, and damages awarded up to £20, in addition to the
passage money. (Merchant Shipping Act, 1894, section 321.)
GREECE.—The Emigration Act of 24 July 1920 stipulates t h a t the
head of an emigration office or his representative may act as an examining
magistrate. All claims of the emigrant against the transport agent with
whom he has a contract or against the owner of the ship which has
transported him are within the jurisdiction of the president of the court
in the district in which the agency is situated from which the ticket was
issued, and are dealt with summarily.
Any claim made abroad must be lodged with the Greek consul not later
than one month after disembarkation (sections 27 and 31).
ITALY.—Inspectors of emigration a t ports of embarkation are qualified
to deal with disputes between emigrants and carriers or their representatives
which arise out of the transport contract or enrolments, or with demands
made for the expenses incurred in the interests of emigrants in cases where
the responsibility for the action necessitating such expenses rests with a
256
CONCLUSION . OF THE TRANSPORT CONTRACT
carrier, representative, etc. All proceedings of this nature must be taken
within a year from the day on which the outward journey is begun, or from
the day on which emigrants land in Italy in the case of an inward voyage.
The examination of cases is conducted officially. Cases involving amounts
not exceeding 50 lire' 1 may be dealt with summarily without formality and
the observance of time limits. (Act of 13 November 1919, sections 37
and 52.)
NETHERLANDS.—The Emigrant Supervising Committees are required
to settle amicably any disputes between emigrants and transport agents.
They must also discharge any obligations not fulfilled by the transport
agent, and any expenses so incurred are recoverable from the responsible
transport agent or his deposit. Actions for compensation due to faults
committed by the transport agent during the journey must be brought
before the Commission t h a t has certified the ship used for this transport.
Any claim t h a t is not made within one year is not valid. Proceedings
concerning persons or property brought against emigrants or by them come
within the competence of the judges of the canton in which the place of
embarkation is situated. (Transport of Emigrants Act, 1861, amended
in 1869, sections 8 and 27 (a).)
NORWAY.—The emigrant may make a formal complaint of violation
of contract before the nearest Norwegian consul, who must examine it and
make a report on the subject to the Government. The competent department has the right to decide the dispute against the agent up to an amount
covered by his deposit. An emigration agent must, when applying for his
licence, appoint a person living in his district with whom, in his absence,
disputes may be settled.
Fines are payable to the police. (Act of 22 May 1869, sections 7 and 10.)
P O L A N D 2.—All actions taken by Polish emigrants for the non-fulfilment
of the conditions of the transport contract, in so far as their person or their
luggage is concerned, may be brought before the courts a t Warsaw, unless
the emigrant has obtained judgment from any other court. (Model Licence
for Transport Undertakings, 1925, section 23.)
PORTUGAL.—Any emigrant wishing to make a claim for the nonexecution of the transport contract must present a copy of the contract in
corroboration of his claim, and must apply either to the General Emigration
Department in Portugal or to the diplomatic or consular representative
of Portugal abroad. (Regulations of 19 J u n e 1919, sections 38 and 43.)
Colonies.—All claims brought against the master of a ship by any native
who has been transported by him may be settled by the governor of the
colony in the country of destination at the request of the Curator. No
appeal is allowed if the fine does not exceed 500 escudos. (Decree of
14 October 1914, section 147.)
S E R B - C R O A T - S L O V E N E KINGDOM.—The Ministry of Social
Affairs and the police authorities, and the authorities at the ports, in
agreement with the emigration inspectors, may impose penalties for infringements of the Emigration Act committed within the limits of their authority.
Infringements committed overseas are punishable by the Minister of Social
Policy. Appeal against the decision of one authority may be made to the
next superior authority, and finallv to the Ministry. (Act of 30 December
1921, section 34.)
1
2
One lira = approximately 2 7d.
See Supplement I : Decree of 11 Oct, 192T.
VARIOUS ADDITIONAL REGULATIONS
257
SPAIN.—Claims against shipowners and consignees must be lodged
with emigration inspectors, who have the power, after consulting the local
council, to give judgment in cases where fines are imposed.
Claims lodged abroad with Spanish consular officials are forwarded to
the Directorate-General of Emigration.
All claims must be lodged within a year, and proceedings are conducted
free of charge. Appeal may be made against the decisions of the inspectors
to the Directorate-General of Emigration, but appeal against the decision
of the Directorate-General may only be made by administrative procedure.
(Consolidated Text of 20 December 1924, section 21.)
SWEDEN.—If an emigrant wishes to lodge a claim against a transport
agent or claim compensation from him in a foreign country, he must do so
through a consul who, after having enquired into the matter, sends a report
to the Ministry of t h e Interior stating whether the emigrant intends to
appear or if he wishes the proceedings to be carried out by the Public
Prosecutor. The consul must also in the first ease state whether the emigrant wishes the case to be settled by arbitration or in a court. A copy of
the contract must accompany the report. The agent must explain his case
to the Ministry of the Interior, and if he admits liability he must either pay
the claim or this sum is recoverable from his deposit. If the transport
agent does not admit liability the proceedings are continued through the
legal channels chosen by the emigrant.
The enforcement of the judgement of the courts or of the decision of the
arbitrators is entrusted to the Social Office of the Ministry for Social Affairs,
which draws upon the agent's deposit for any compensation that is awarded
to the emigrant. (Order of 4 June 1884, sections 11,12, and 13, and Decree
of 28 November 1912.)
SWITZERLAND.—Any civil action resulting from infringement of
the Act concerning emigration agencies comes within the competence of
the courts of the canton in which the emigration contract was concluded.
Action must be taken within one year from the date upon which the plaintiff
became aware of the infringement. The judge must inform the Federal
Council and the authorities of the canton of all actions taken and of judgments
given.
Swiss consuls in seaports must enquire into all claims that Swiss emigrants
may make concerning the non-execution of their contracts. Claims must
be notified within forty-eight hours after arrival and no charge may be made
by the consul. A report of the claim is made and a copy is sent to the
Federal Council. The report of a claim drawn up by a Swiss consul abroad
is accepted in the absence of proof to the contrary. (Act of 22 March 1888,
sections 21 and 22.)
(f)
THE POSTING U P OF LEGAL PROVISIONS
CONCERNING EMIGRATION
In order that an emigrant may understand what rights he has,
some countries provide that a copy of the provisions of the emigration Acts concerning the obligations to be discharged by the
transport agent must be posted up in prominent places in offices
and on ships, where they may easily come to the notice of the
emigrant, or must be printed on the passage contract.
18
258
CONCLUSION OF THE TRANSPORT CONTRACT
FRENCH MANDATED TERRITORY : Syria and Lebanon.—A
copy of the Order of 4 December 1924 must be posted up in all offices where
emigrants' tickets and passports are issued. (Order of 4 December 1924,
section 15.)
BELGIUM.—All Acts and regulations concerning the transport of
emigrants and all notices published and approved by the Government
Commissioner must be posted up in all hostels for emigrants.
All provisions concerning the rights of the captain of a ship and his duties
towards the passengers, and a copy of the daily and weekly scale of provisions (printed in Flemish, French, English, German, Polish, and Russian)
must be posted up in the following places : (1) In the offices of the Government Commissioner and in those of the Maritime Commissioner ; (2) In the
offices of charterers, heads of undertakings for the transport of emigrants
and their representatives ; (3) In all information bureaux ; (4) In a prominent
place on the ship. (Regulations of 25 February 1924, sections 6 and 42.)
CZECHOSLOVAKIA.—Carriers must post up a copy of the Emigration
Act, its regulations and orders in a prominent place in their offices, and
must draw the attention of emigrants to these notices. (Decree of 8 J u n e
1922, section 21.)
DENMARK.—A copy of the regulations concerning the transport of
passengers must be posted up in an accessible and prominent place on emigrant ships, and five copies in Danish and English must be provided for the
use of passengers. (Regulation of 28 March 1870, section 57.)
GREAT BRITAIN.—The master of a ship must, if requested, produce
a copy of Part III of the Merchant Shipping Act and of the scale of provisions
applicable to the voyage for any steerage passenger for his personal use,
and must also post copies of the extracts and of the scale of provisions made
by the Board of Trade in a t least two conspicuous places between the decks
on which steerage passengers are carried. (Merchant Shipping Acts, 1894
and 1906, sections 298 and 361.)
HUNGARY.—The provisions of the Act concerning the obligations
of the transport agent must be included in the transport contract. (Emigration Act of 1909, section 22.)
NETHERLANDS.—Copies of the Transport of Emigrants Act and the
regulations for its application, printed in Dutch, German, English, and
French, must be posted in prominent and accessible places on all ships t o
which this Act applies (emigrant ships). (Transport of Emigrants Act,
1861, amended in 1869, section 25.)
NORWAY.—A copy of the Emigration Acts and regulations must be
posted up in a prominent place in all offices of transport undertakings and
one copy must be available during the voyage for the use of any emigrant
upon request. (Regulations of 18 December 1899, section 11.)
SPAIN.—A copy of section 37 of the consolidated text of the Emigration
Acts concerning the conditions of the transport contract and of the Royal
Order of 20 January 1925 concerning the activity of the information bureaux
and the offices of transport undertakings must be posted up in a prominent
place in all offices issuing emigrants' tickets. (Order of 20 January 1925,
section 24.)
SWEDEN.—A copy of the Transport of Emigrants Order of 4 J u n e 1884
must be posted u p in a suitable place in the part of the ship t h a t is reserved
for emigrants. (Order of 4 June 1884, section 52.)
PRESCRIBED ROUTES FOR EMIGRATION
259
CHAPTER VIII
T H E D E P A R T U R E OF E M I G R A N T S
Measures are taken in the majority of emigration and transit
countries t o regulate the departure of emigrants.
Some of these measures are of the nature of social protection,
by means of which an attempt is made to provide for the
emigrants, herded together in the ports or frontier stations, the
best possible accommodation and treatment within their means,
under healthier conditions of life and in accordance with
propriety, also t o place within their reach, in a n y difficulties which
t h e y may encounter, such assistance as may be required by them.
The purpose of other measures is t o prevent the incidence of
epidemics on board ship and a t the points of concentration,
among a floating population chiefly drawn from the class of
society which is least educated in matters of hygiene and in
which a n y disease germs find a fruitful field. These precautions
enable the emigrant t o enter on his journey under favourable
physical conditions and t h u s avert certain risks of rejection on
arrival.
Police measures provide the necessary supervision of emigration
movements and furnish d a t a for the compilation of statistics.
I n some countries, taxes are levied in connection with the
departure of emigrants.
§ 1.—Prescribed Routes for E m i g r a t i o n
The routes t o be taken b y emigrants are often prescribed b y
law in order t o ease the work of supervision, or, in any case, power
is given t o certain authorities t o make regulations t o this effect
from time t o time, in particular when granting licences for the
transport of emigrants.
260
THE DEPARTURE OF EMIGRANTS
This is done by making lists of ports of embarkation, and of
special stations on inland frontiers. The use, as a point of
departure, of a place which is not listed as an emigration port
or station is sometimes not prohibited, but a special additional
charge is made for all exceptions.
FRENCH MANDATED TERRITORY : Syria and Lebanon.—
Order No. 2975, of 4 December 1924, states t h a t special regulations shall
determine in each State which are the ports from which emigrants may
embark, and what formalities shall be observed by the shipping companies
undertaking t o transport them t o their destination (section 12).
BELGIUM.—Antwerp is made the headquarters of the Emigration
Office; the direct embarkation of emigrants may only take place a t this
port. Ostend may be used as a port of transit for alien emigrants.
Congo.—The Decree of 14 August 1922 prohibits the transport of natives
leaving the country by any other routes t h a n those prescribed by the
Deputy-Governor of the province.
GERMANY.—According to the Act of 9 June 1897, section 6, the
necessary licences for transport undertakings shall be granted only for
certain countries, parts of countries, or localities, and, in the case of oversea
emigration, for certain ports of embarkation.
GREAT BRITAIN : Colonies.—Gold Coast. According to the Regulation of Employment Ordinance 1921 (section 19, subsection 3), native
labourers emigrating from the Gold Coast Colony should embark at one of
the ports hereinafter specified, which shall, whenever practicable, be t h a t
which is nearest to the place where the contract of service was entered into,
namely : Accra, Addah, Axim, Cape Coast, Elmina, Quittah, Saltpond,
Seccondee, Winnebah.
Straits Settlements. According to the Merchant Shipping Ordinance,
1910, sections 7 and 166, a passenger steamer is not allowed to depart from
or receive on board or tranship passengers a t any port or place other t h a n
those notified by the Governor in Council.
GREECE.—The embarkation of emigrants is permitted only from the
seaports prescribed by Royal Decree on the recommendation of the Ministry
of the Interior. (Act of 24 July 1920, section 6.)
HAITI.—According to the Emigration Act of 28 February 1924,
section 10, the departure of emigrants may only take place from the ports
and frontier stations specially prescribed for this purpose on the proposal
of the Ministries of the Interior, of Foreign Affairs, and of Finance. An
Order dated 30 November 1925 listed the following ports : Port-au-Prince,
Cayès, Port-de-Paix, Petitgoäve.
HUNGARY.—According to the Emigration Act of 1909, section 5, the
Ministry of the Interior is empowered to limit emigration to a certain
number of prescribed routes, which appear to be particularly suitable from
the point of view of better supervision or in the interests of emigrants.
The same Act requires, in section 9, that licences granted to maritime transport undertakings can make it obligatory on them to take the emigrants
on board at specified ports.
INDIA.—Emigration to undertake unskilled work is allowed only from
PRESCRIBED ROUTES FOR EMIGRATION
261
the ports of Calcutta, Madras, Bombay, Karachi, Negapatam, Tuticorin,
and Dhanushkodi. The Governor-General in Council may, by. means of
an announcement in the Gazette of India, prescribe additional ports from
which emigration will also be legally permissible.
Skilled workers who emigrate are permitted to make use of the ports
specified for the emigration of unskilled workers, and also of such other
ports as may be prescribed by the Governor-General in Council for this
purpose. Assisted emigrants must return to the same ports from which
they embark. (Act of 5 March 1922, sections 9 and 15; Regulations of
10 March 1923, section 51.)
ITALY.—The consolidated text of the Emigration Acts of 13 November
1919, sections 5 and 28, requires that the embarkation of emigrants shall
take place only from certain ports prescribed by law. Nevertheless, in
the interests of the emigrants, exceptions may be allowed to this rule by
the Emigration Department.
The Italian Government has guaranteed the following advantages to
emigrants embarking from the specified ports : (a) delivery of the embarkation ticket to the emigrant at his place of residence; (b) the status of
the ticket as constituting a completely guaranteed contract, secured by the
deposit t h a t has had to be made by the transporting agent; (c) facilities
and reduced fares on the Italian railways for holders of embarkation tickets ;
(d) the existence at the Italian embarkation ports of official protective
organisations ; (e) the certainty t h a t the ship answers to the hygienic conditions laid down by the Government ; (f) the presence on board of a special
commissioner of the emigration service (a doctor); (g) the existence of
protective organisations at the port of subsequent disembarkation ; (h) the
possibility of recourse to special arbitration boards to deal with any difficulties
arising during the voyage or in connection with it.
The ports now specified are Genoa, Naples, Palermo, Messina, Trieste 1 ,
Fiume 2 , Livorno 3 . The Commissioner-General of /Emigration decided
in 1923 t h a t licences to carry emigrants should be granted thenceforward
to foreign companies only if they chose Naples as their port of embarkation.
They must make Palermo a port of call on every second voyage. They
must undertake to make no propaganda to attract emigrants to foreign
ports. From the percentage allowed to them is deducted a number corresponding to t h a t of the Italian passengers who embark on ships belonging to
the same company a t foreign ports.
JAPAN.—The administrative authorities can prescribe ports of departure
for emigrant ships, i.e. for vessels transporting more than 50 emigrants.
(Emigrants Protection Act, section X X , 6.)
MEXICO.—The transit of migrants may take place only at places specified for the purpose, i.e. a t ocean ports, frontier stations prescribed for
international traffic, and frontier and sea-coast stations specified for this
purpose by the Ministry of the Interior.
Ships leaving from one of the Mexican Islands for a destination abroad
must call at the nearest Mexican mainland port in order t h a t the migration
services may satisfy themselves t h a t the obligations laid down by law have
been fulfilled.
Passenger-carrying aircraft must make use on the outward voyage of
the places prescribed as transit stations for migrants. (Act of 12 March
1926, sections 3, 56, and 79.)
1
Specified by Decree No. 184, of 18 Jan. 1923, extending the scope oí the Italian
emigration laws to the annexed provinces.
2
Specified by Decree No. 1504, oí 8 Aug, 1924.
3 Specified by Royal Decree of 20 Aug. 1926.
262
THE DEPARTURE OF EMIGRANTS
NETHERLANDS : East Indies—The embarkation of natives recruited
in J a v a and Madura must take place a t certain ports prescribed for this
purpose. (Ordinance No. 613, of 14 September 1914, section 14.)
POLAND.—The Act of 14 December 1925, restricting emigration to
Polish ports, requires that emigrants leaving for America must embark
at the Polish ports on the Baltic, and that licences for the transport of
emigrants shall be granted so as to comply with this condition. Nevertheless, in exceptional cases, and in the interests of the emigrants, the
Minister of Labour and Social Welfare can decide to grant licences for
the transport of emigrants to South America via the Mediterranean ports.
Neither does the aforesaid requirement apply to countries with which
agreements have previously been concluded on the subject.
PORTUGAL.—Portuguese subjects and aliens furnished with ordinary
passports may cross the inland frontier in either direction a t the following
points and a t such others as may later be specified by the General Emigration
Department : Cominha, Valencia, Moncayo, Choves, Braganca, Barco de
Alva, Vilar Formosa, Marväo, Vila Real de Santo Antonio. The holders
of special passports for the frontier regions are allowed to make use of
other routes. (Decree No. 6912, of 9 September 1920.)
RUMANIA.—The Act of 11 April 1925, section 10, requires t h a t the
application of the would-be emigrant for permission to leave the country
must mention the port of embarkation or frontier station chosen. The
permit given shall hold good only for this port or station. The requirements
issued on 22 June contain a list of the ports and frontier stations which may
be selected : port of Constanza, the railway stations of Nepolocauti, Halmen,
Curtici, Jimbolia, Giurgiu, and Oboristea.
S E R B - C R O A T - S L O V E N E KINGDOM.—The Emigration Act of
30 December 1927 states in principle : t h a t the emigrant must embark
from a national port ; t h a t embarkation from ports situated in other European
countries is prohibited; t h a t the transport companies may only undertake
to transport emigrants if their vessels take emigrants on board or land them
at national ports (sections 8 and 10).
Various regulations issued in pursuance of the Emigration Act have,
however, up to the present given permission, really because the Yugoslav
ports are not yet equipped with the necessary arrangements, for the transport
of emigrants to take place from foreign ports. Emigrants may only cross
the inland frontiers to reach the ports of embarkation a t points specified by
the Ministry of Social Affairs ; the stations at present prescribed are Maribor
and Rakek. (Regulations of 30 July 1923, section 11.)
SPAIN.—The national ports listed by the Superior Council of Emigration
for the embarkation of emigrants are Almería, Barcelona, Bilbao, Cadiz,
Corunna, Gijón, Las Palmas, Málaga, Santa Cruz de Teneriffe, Santander,
Valencia, Vigo, and Villagarcia.
No tickets may be given to Spanish subjects for embarkation as emigrants
from foreign ports, except in those cases in which the shipping companies
which have to transport these emigrants pay to the Directorate-General
of Emigration a special deposit, sufficient, in the opinion of the DirectorateGeneral, to guarantee the strict observance of all obligations relating to
the protection of the emigrant on his journey as laid down in the Spanish
legislation, including those dealing with free repatriation. (Ordinance of
21 October 1924, and consolidated text of 20 December 1924, section 35.)
SWEDEN.—The embarkation of emigrants must take place from the
ports of the staple towns (Stapelstäder).
(Ordinance of 4 J u n e 1884,
art. 17.)
HEALTH MEASURES AND HYGIENIC CONDITIONS
263
§ 2.—Health Measures, and Hygienic Conditions for the
Accommodation of Emigrants at Ports and Frontier
Stations
Of late years very particular attention has been paid by the
various Governments to the question of improving the accommodation provided for emigrants at ports and frontier stations.
In some countries from which the emigration is large or through
which many emigrants travel, the Governments have themselves taken steps to provide the necessary shelters, the management of these being entrusted to the emigration services. In
many other countries there are special regulations applying to
emigrant hostels which can often only be carried on under licence,
or, in any case, subject to regular supervision. Measures for
the prevention of infection are taken by the Government or
made obligatory on the licensees of the hostels. Further, the
shipping companies and transport undertakings, which are
often obliged by law to accommodate the emigrants to be transported by them for a certain period, pending final departure,
have opened numerous hostels.
AUSTRIA.—The transport companies are allowed to open emigrant
hostels and railway station restaurants and dispensaries, after application
to the Government for a licence. The shelters maintained by the companies
a t the frontier stations must be suitable from the point of view of cleanliness,
hygiene, and propriety. Proper provision must be made for the separation of the sexes. Travellers must be provided for the night with at least
a mattress, a blanket, and a pillow. They must not be put to lie on the
floor or in hammocks, neither may more than one adult person be assigned
to the same bed.
A table of charges for board and lodging must be displayed in German.
They must be net charges without extras. The League for the Prevention
of the Traffic in Women must have free entry to these shelters. (Regulations
of 27 June 1921, sections 11,18 and 21.)
BELGIUM.—According to the Order of 25 February 1924, on the
transport of emigrants, no person may offer accommodation to emigrants
without having first obtained a licence from the Commissioner for Emigration, who, before granting it, consults the medical service. In agreement
with this service, the Commissioner of Emigration indicates the number
of emigrants who may be accommodated in each room. This. number
is displayed on the door and may not be exceeded. Persons licensed
to accommodate emigrants may not take any other travellers, except by
special permission.
The accommodation provided for emigrants must fulfil the sanitary
conditions and standard of comfort laid down in detail in section 6 of this
Order. Any cases of illness must be reported to the medical service. The
legal requirements relating to these lodging-houses must be exhibited in
264
THE DEPARTURE OF EMIGRANTS
all premises. The lodging-houses are placed under the supervision of
the Commissioner for Emigration by whom, in conjunction with the
emigration medical service, they are periodically inspected. The latter
service is instructed to see to it that the emigrants are isolated so far as
possible from the public, and to check the proper performance of the sanitary
measures to which the emigrants have to be subjected before obtaining
their embarkation permits. Emigrants who have not been disinfected
have to be accommodated in special lodging-houses called "hôtels sales" ;
after disinfection other houses, called "hôtels propres", are provided for
their accommodation.
Lodging-houses found to be unhealthy and insanitary must be reported
to the emigration undertakings, who may not send emigrants engaged by
them there until the sanitary conditions complained of have been rectified
and they have been approved by the competent authorities. The list of
approved hostels is supplied to the emigration undertakings.
CZECHOSLOVAKIA.—The Ministry of Social Welfare has established
shelters for emigrants at Prague-Liben; the management of them has been
entrusted to the Czechoslovak Red Cross. These shelters can accommodate
600 emigrants. A concentration station for Slovakia and Sub-Carpathian
Russia has been established a t Svatoborice (Moravia). Medical inspection
takes place in this centre before the emigrants leave 1 .
Private undertakings providing sleeping accommodation and meals for
emigrants a t a concentration or frontier station, either permanently or
temporarily, must obtain a special licence to carry on their business, which
licence can be withdrawn a t any time if the conditions laid down are not
fulfilled. The Ministry of Social Welfare is responsible for the supervision
of these houses and for preventing the carrying on of any undertakings which
seem to be dangerous to public health. (Act of 15 February 1922, section 32.)
G R E A T B R I T A I N : Colonies.—Hongkong. Under the terms of the
Asiatic Emigration Ordinance 1915 (sections 42-46) special regulations are
made for "assisted emigrants" (men who intend to labour for hire in some
place beyond the limits of the colony, and who have received assistance in
the way of payment of passage money, subsistence, or otherwise, section 2).
Assisted emigrants are not permitted to embark in any emigrant ship unless
they have been lodged in a duly licensed emigration boarding-house during
a period of not less than forty-eight hours previous t o the examination by
the Secretary for Chinese Affairs, and the keepers of such boarding-houses
are required to furnish certain particulars concerning such emigrants.
INDIA.—The Rules of 10 March 1923 under the Emigration Act contain
careful requirements regarding the arrangement of the places of accommodation that have to be provided by the Emigration Commissioner and maintained a t his cost for the concentration of the emigrants recruited, either
a t places of recruitment or a t the port of embarkation (minimum space for
each emigrant, separation of the sexes, separation of the sick, etc.).
The shelters a t the concentration points to be established in the recruiting
areas may only be opened on sites approved by the authorities. The Local
Government m a y prohibit the use of a place which appears to be unsuitable
for such concentration, and, in urgent cases, a District Magistrate may
issue a temporary prohibition pending the decision of the Local Government.
The premises must be visited and inspected a t least once a month by a
committee appointed by the Local Government, in Presidency towns, and
elsewhere by the District Magistrate. Certain local officials can also be
authorised to carry out such inspections (police officers, members of
Municipal or District Councils, etc.). The emigration agents must give
1
Communication to the International Latour Office, Dec. 1926.
HEALTH MEASURES AND HYGIENIC CONDITIONS
265
every facility for inspection. A report must be made on each inspection,
one copy being sent to the Emigration Commissioner and another to the
District Magistrate.
The places of accommodation for emigrants in embarkation ports may
not be taken into use until they have been inspected and approved by the
Protector of Emigrants, and also, from the sanitary point of view, by the
medical officer of the port. The licence to use the premises, granted after
the visit of inspection by the Protector of Emigrants, may be withdrawn
by him a t any time should he discover subsequently t h a t the premises are
unhealthy or uncomfortable. Inspection committees visit them periodically.
The Emigration Commissioner must either live in a n adjoining building or
place a responsible agent there to supervise the shelter. (Rules of 10 March
1923, sections 19, 20, 31, 38, and 42.)
ITALY.—A Decree, No. 2655, of 23 September 1923, confirmed by Decree
No. 1695, of 4 September 1924, which created the necessary funds for
shelters for emigrants, placed on the General Emigration Department the
responsibility for contructing and administering such shelters for emigrants
and returned emigrants in embarkation ports and transit stations. Hostels
of this kind (casi dei emigranti) are to be found in Messina, Milan, Naples,
Bardonecchia and Ventimiglia; plans have been made for their
erection
in Trieste, Fiume, Como, Mestre, Bologna, Palermo, Genoa 1 . Pending
the completion of all the hostels necessary, the Emigration Department
was authorised to make a temporary requisition of one or more lodginghouses situated close to the railway stations or docks to be converted into
emigrant shelters under the direct control of the General Emigration
Department, the management being accorded by it, under licence, to private
persons or societies. The Decree of 7 May 1925, No. 718, extended the
right of requisition to transit and frontier stations. The supervision of
non-requisitioned premises, used in any way for the accommodation of
emigrants, under whatever management, is exercised by the officials of the
Emigration Department.
At the ports and stations of departure, emigration inspectors meet the
emigrants on arrival a t the railway station in order to prevent their being
pestered by touts ; and the inspectors send them to one of the requisitioned
lodging-houses, each with a form bearing the name of the individual emigrant,
the date of his arrival, the ship by which he is to sail and the name of his
lodging-house.
Before embarkation the emigrants are taken in batches to a special building where they are disinfected, bathed, and vaccinated. I n case of need
they are isolated or subjected to bacteriological examination, or any other
necessary preventive treatment. Those who are in perfect health receive
health identity papers with which they go before the final inspection
commission. The others are reported to t h a t commission. Before arriving
a t the inspection room, the emigrants have to pass through t h a t in which
their luggage is disinfected, and also through the customs.
The work of
disinfection is begun a day or two before departure. (See an article in the
Bollettino della Emigrazione, February 1925, p. 158.)
JAPAN.—A licence must be obtained from the Japanese authorities
for the accommodation of emigrants at the port of embarkation. The
granting of this licence is subject to approval of the arrangements made
for the sleeping and other accommodation and the feeding of the emigrants.
This licence can be withdrawn at any time the authorities are convinced
that the interests of the emigrants are being prejudiced and their welfare
neglected. (Emigrants Protection Act, codified in 1907, section X X , 9-10.)
1
Cf. L'emigrazione italiana negli anni Ì924 e 1925. Relazione sui servizi dell' emigrazione
presentata dal Commissario generale, pp. 101-105.
266
THE DEPARTURE OF EMIGRANTS
NETHERLANDS : East Indies.—The Ordinance, No. 613, of
14 September 1914, regarding recruitment in J a v a and Madura, requires
the recruiting agent to maintain properly equipped shelters for the accommodation of natives recruited both while awaiting departure and on arrival
at their destination. The recruiting agent must enter in a register the name
and sex of each person received into these shelters and furnish an extract
from this register daily to the district authority. The expense of accommodating natives in the shelters has to be borne by the recruiting agents,
who have also to take the necessary measures to provide the sick with such
medical attention as may be needed by them. All persons engaged must
be vaccinated or re-vaccinated in the shelters before departure.
POLAND.—According to the Act of 1925 regarding the licensing of
transport enterprises in section 24, the companies licensed for the transport
of emigrants must undertake to bear part of the expenditure on the shelters
established and maintained by the Emigration Office on Polish territory
and at the Port of Danzig, the proportion to be contributed by them to be
fixed by agreement between them and the Emigration Office.
I n virtue of an agreement with France, the French employers also contribute to the maintenance of establishments a t concentration points for
emigration to France.
By the aid of these contributions, the Emigration Office maintains shelters
for emigrants who are on the point of leaving the country; on the northern
frontier, the Wejherow camp is the concentration point for emigration via
the Port of Danzig. The shelter at Wejherow, which can take 1,500
emigrants, is divided into two parts. One is used for the reception of
newly arrived emigrants—the "dirty" side—and they are passed o n t o the
other or "clean" side, after having been disinfected. I n order to avert
danger of infection, hindrances are placed in the way of contact with the
public; emigrants must obtain a permit to go into the town. After a
stay of four to five days, the emigrants are transported in special carriages
to the Port of Danzig where they are subjected to medical examination 1 .
Myslowice (on the Silesian frontier) a n d the port of Gdynia also have
concentration premises maintained by the official services for the accommodation of emigrants. I n addition, private societies, particularly the Polish
Emigration Society, have established hostels ; on this subject, see Chapter IV,
§2.
PORTUGAL : Colonies.—Recruiting agents are obliged to maintain
shelters throughout the length of the routes travelled by native labourers
recruited by them, and have particularly to maintain one concentration
centre at a short distance from the port of embarkation, for the reception,
under proper conditions, of the workers engaged, pending their departure.
All the expenses of the maintenance and feeding of the labourers, from the
date of recruitment to t h a t of embarkation inclusive, have to be borne by
the agent. (Decree of 14 October 1914, section 127.)
RUMANIA.—Transport undertakings are obliged to maintain in the
embarkation ports organised medical services equipped with all the necessary
medical stores for the cure and prevention of disease among the emigrants.
(Regulations of 22 June 1925, section 36.)
SERB-GROAT-SLOVENE KINGDOM.—An emigrant hostel has
been established at Zagreb, the principal concentration point for parties
of emigrants. I t also serves for the accommodation of emigrants returning
to Yugoslavia. Its management is entrusted to the Emigration Department.
The organisation of hostels is provided for at other frontier stations and
iCf. Wychodzca,
3 J u n e 1923.
Warsaw.
DISINFECTION.
EXAMINATION ON DEPARTURE
267
in the national ports, wherever these are used, for the embarkation of
emigrants. Medical inspection must be carried out in these hostels by a
doctor.
Emigrant hostels belonging to the transport undertakings are placed
under the supervision of the emigration inspectors who have, in particular,
to see that the disinfection processes prescribed for the emigrants and their
luggage are duly carried out. (Regulations of 30 July 1923, sections 4, 5,
and 6.)
SPAIN.—The regulations issued under the Emigration Act of 20 December 1924, section 78, authorise the Directorate-General of Emigration to
organise emigrant hostels in the ports of embarkation, or to conclude
agreements with lodging-houses for the accommodation of emigrants..
These lodging-houses must remain under the supervision of the DirectorateGeneral, which lays down certain conditions in regard to the equipment
of these houses.
§ 3.—Disinfection
As has been mentioned above, the majority of countries, for
the purpose of avoiding risk of infection during the transport of
emigrants, especially on board ship, have established centres
for preventive treatment at concentration points and at the ports
listed for t h e departure of emigrants. The process of disinfection
usually consists of a bath, after taking which the emigrants
have t o put on clothing which has been previously cleansed b y
superheated steam, and in a careful cleansing of the head, t h e
hair being cut short if necessary. In those cases in which infection
is suspected, emigrants m a y be subjected t o a bacteriological
examination or t o isolation. Vaccination or re-vaccination is
usually performed. Luggage is also disinfected by means of
superheated steam or b y formaline vapour, etc. Disinfected
persons may not come into contact with those who have not
yet been treated; special departments in the emigrant hostels
are set apart for t h e t w o categories.
The emigrant hostels
themselves are disinfected periodically. This matter will not
be treated in detail, the measures taken in the various countries
in this respect being of a practical rather t h a n of a legislative
character.
§ 4.—Examination on Departure
There are many enactments in emigration countries requiring
t h a t a medical examination of emigrants shall take place before
their embarkation, and sometimes making the transport undertakings responsible for the organisation and the expenses of this
268
THE DEPARTURE OF EMIGRANTS
examination. I t has a double purpose : t o ensure t h a t the state
of health of the passenger is such as t o allow him t o take the
voyage without danger t o himself or t o his fellow passengers, and
t o avoid the possibility of rejection on the frontier of the country
of immigration.
This examination ' is generally supplemented by inspection
carried out b y t h e emigration services or b y t h e police, in order
t o ascertain whether the emigrant fulfils all the other conditions
imposed by t h e law of his own country or by the laws and
regulations concerning immigration in t h e country t o which he
is going. This inspection is also directed towards the supervision
of the activities of all parties concerned in the process of emigration, particularly recruiting undertakings. I t sometimes takes
place at the same time as the medical inspection and is sometimes
carried out independently.
As the result of the Quarantine Act passed in the United
States of America in 1893, a medical examination by an American
doctor was organised at the ports of embarkation for the United
States at the request of the shipping companies and with the
consent of the Governments in whose territories the ports were
situated. After the promulgation of the Immigration Act of
1924 in the United States, measures were t a k e n in various European countries, in agreement with other countries concerned,
for an intensive examination of the emigrants desiring t o proceed
t o the United States, t o be undertaken by United States
officials (immigration inspectors and medical officers of the
Public Health Services), before the emigrants received their
immigration v i s a 1 (see Volume I I , Chapter V I I I ) . Although
these examinations do not give a n y dispensation from t h e
obligatory inspection on arrival, they do nevertheless avert a
large proportion of the risks of rejection.
AUSTRIA.—Before embarkation, emigrants are subjected to medical
inspection. Embarkation is prohibited if the state of health of the traveller
endangers his own life or the health of his fellow passengers, or if, in view of
the regulations for admission to the country of immigration, there is a risk
of his being refused.
If the medical.inspection does not take place a t the expense of the company,
the emigrant must fee informed of the fee payable a t the time when the
1
Canada has recently made arrangements for organising a similar examination in many
European countries. In Chapter VIII ol Volume II see also the analysis ol the measures
taken by various countries for the inspection ot future immigrants.
EXAMINATION ON DEPARTURE
company undertakes to transport him.
section 22.)
269
(Regulations of 27 June 1921,
BELGIUM.—The company is responsible for ensuring the adequate
examination of emigrants just before departure. I n order to diminish the
chances of rejection by the country of immigration, and to prevent the
development of epidemics during the voyage, the examination must cover
the following points : (1) whether the emigrants comply with all the health
conditions required of them before departure from their country of origin;
(2) whether the emigrants comply with the legal requirements laid down
for admission to the country of immigration.
This inspection must be carried out by the medical officers of the Emigration Service, subject to the observance of such precautions and considerations
as are dictated by natural good feeling and respect for the personal dignity
of the emigrants, in properly lighted and heated premises. (Order concerning
the Transport of Emigrants of 25 February 1924, sections 9-17.)
CZECHOSLOVAKIA.—The Act of 15 February 1922, section 29,
requires emigrants to undergo a medical examination before embarkation.
Every emigrant must be rejected if the result of the medical examination is
such as to indicate t h a t his embarkation would constitute a danger to his
own life and to the health of his fellow passengers.
The Ordinance of 8 J u n e 1922, section 42, required the organisation of
medical inspections in the concentration stations on the frontiers of the
country, in order to ensure that the physical and mental condition of the
would-be emigrants were not such as to constitute a risk of their not being
admitted to the country to which they desired to proceed.
Further, the emigrant must provide himself beforehand with a medical
certificate a t his place of residence to prove that he does not come from an
infected area and is not liable to spread infection.
DENMARK.—Before leaving a port of embarkation emigrants must be
examined by a doctor appointed by the police, and simultaneously by the
ship's doctor if there is one. I t must be ascertained that their embarkation
cannot, on account of any physical or mental disease, be prejudicial either
to their own health or to that of other passengers. The transport undertaking must ascertain that the emigrants whom it is transporting have been
through this examination. I t is responsible for the examination and must
bear its costs. The examination takes place either on board or in some
other suitable place. The passengers have to bring with them their contract
tickets which are to be visaed by the doctor.
The medical examination is followed by the police inspection, which takes
place on board at the last moment before the sailing of the ship. Passengers
have to answer to a roll-call, according to a list drawn up by the master
of the ship. (Service Regulations of 28 March 1870, sections 28-29-34,
and Act of 25 March 1872 amending the Transport of Emigrants Act,
section 2).
GERMANY.—By the terms of the Act of 9 January 1897, the state of
health of the emigrant must be examined, before the ship sails, by a medical
practitioner appointed by the emigration authorities (section 35). This
examination is held in premises specially equipped for the purpose by tht,
transport undertaking. Persons found to be suffering from infectious
diseases, who constitute a danger to their fellow-passengers, are kept on land,
as are such persons as are likely to have been infected by them, and also such
other sick persons as, without being infectious, are in a sufficiently serious
condition for their life to be endangered by the voyage. The doctor reports
to the emigration officers those persons whose departure must not be
allowed, and these officials undertake, in case of need, the care of emigrants
rejected in this manner. (Regulations of 14 March 1898, section 55.)
270
THE DEPARTURE OF EMIGRANTS
GREAT BRITAIN.—According t o the Merchant Shipping Act, 1894
(section 306 (1)), an emigrant ship must not clear outwards or proceed to sea
until a medical practitioner appointed by the Emigration Officer has inspected
all the steerage passengers and crew, and has satisfied the Emigration
Officer t h a t none of the steerage passengers or crew appear to be likely to
endanger the health or safety of the other persons about to proceed in the
ship.
The Emigration Officer must also satisfy himself t h a t all the provisions
of the Merchant Shipping Acts relating to passenger and emigrant ships
have been complied with before the ship is allowed to leave port (section 314).
Colonies.—The laws of a number of British colonies provide t h a t a duly
authorised police officer or officer of customs may visit and inspect any
vessel on which he has reason to believe t h a t any person has embarked in
breach of the emigration laws and m a y without warrant arrest any such
person found on any such vessel. Ceylon : Emigration Ordinance, 1917
(section 7 (2)); Fiji : Emigration Ordinance, 1892 (section 14); Jamaica :
Emigrants Protection Act, 1924 (section 17); Mauritius : Ordinance regulating the Emigration of Indian Immigrants and Liberated Africans, 1881
(section 10); Windward Islands : (a) Saint Lucia, Emigrants Protection
Ordinance, 1916 (section 13); (b) Saint Vincent, Emigrants Protection
Ordinance, 1924 (section 13).
In Ceylon it is further stipulated that the officer shall compel the production of all tickets and passes for inspection.
I n certain colonies the authorities may call upon the master of the ship
to muster the passengers and crew for inspection before the departure of the
ship from any port within the Colony concerned.
Thus in Gambia, according t o the Native Labour (Foreign Service)
Ordinance, 1913, section 19, the master may be called upon to summon his
deck passengers (i.e. any native labourers under contract for service outside
the British Dominions or territories in and over which the British Government
has jurisdiction) and any members of his crew who are natives of West Africa.
If more than five of this number are embarked at any one port without the
requisite certificates, the officer may call upon the master to prove that
they are not there in contravention of the regulations cpncerning such
emigrants.
I n the Gold Coast the Regulation of Employment Ordinance, 1921
(section 30), provides t h a t the master may be called upon to muster all his
native deck passengers and native members of the crew. Failure to do so
involves a fine or a term of imprisonment, with or without hard labour.
If any native is found on board who has entered into a contract of service
contrary t o the Government regulations, no certificate of clearance shall
be given the ship until he has been disembarked.
In Nigeria, the Native Labour (Foreign Service) Ordinance, 1916
(section 22), is identical with the Gold Coast Ordinance (see above).
I n addition the same provisions are taken to apply to any deck passenger
who has embarked a t any port in any other British colony or protectorate
in West Africa without the certificate (if any) required by the law of such
colony or protectorate.
I n Sierra Leone, the Native Labour (Foreign Service) Ordinance, 1924
(section 29), contains the same provisions as section 19 of the Ordinance
of Gambia (see above).
In^addition it is provided that if the Commissioner or Officer of Police
is not ¡satisfied he shall report the matter to the Magistrate, who may summon
the master for having persons on board in contravention of the law. On
conviction the master shall be liable to a fine or to imprisonment.
In the Straits Settlements under the terms of the Passengers Restriction
Ordinance, 1926 (sections 6, 11, 13, 14), no ship may leave the colony until
it has been examined by a police or boarding officer, and the master may be
required to muster, for inspection, all passengers and members of the crew.
EXAMINATION ON DEPARTURE
271
The officer may retain for further enquiries during a period not exceeding
four days any person into whose case he has reason to believe further
enquiry is necessary. Ships whose original port of departure is a port in
the colony or in any of the British Protected States in the Malay Peninsula
are exempted from this Ordinance.
Hongkong has special regulations which provide t h a t no emigrant ship
may proceed to sea until a duly appointed medical officer shall have satisfied
the Emigration Officer that none of the emigrants, passengers or crew
appear by reason of any bodily or mental disease unfit to proceed or likely to
endanger the health or safety of other persons about to proceed in such ship
(Asiatic Emigration Ordinance, 1915 (section 25)). In the case of ships
under licence on long voyages, the Emigration Officer shall not give his
certificate until he shall have mustered the emigrants and have ascertained
to the best of his power that they understand whither they are going.
In Mauritius the Emigration Ordinance, 1925 (section 11), states that the
Governor in Excutive Council may make regulations for the inspection and
examination of emigrants at the port of shipment by the Health Officer or
Medical Officer to be appointed on that behalf.
At Malta a thorough examination precedes and conditions the issue of
a passport. Since the adoption of this measure, the Malta Office states
that it has averted almost all risks of rejection. (Report on Emigration for
the Fiscal Year 1922-1923, Malta.)
INDIA.—Before leaving the places of accommodation a t the embarkation
ports, the emigrants are examined and a nominal roll, containing all information concerning them, is drawn up.
Permission to embark is refused by the Protector of Emigrants (1) if the
medical inspector has certified t h a t the emigrant is unfit to stand the journey
for which he or the person on whom he is dependent has contracted; (2) if
the requirements of the law and the regulations concerning emigration
have not been complied with ; (3) if it transpires t h a t the emigrant has not
understood the conditions under which he is emigrating, and after having
had them explained is unwilling to embark, (Rules of 10 March 1923,
sections, 43, 44, and 45.)
ITALY.—At the time of embarkation, an inspection committee, consisting
of the Inspector of Emigration, the port doctor, and the medical officer of
the Royal Navy who acts as Royal Commissioner on the ship carry out a
strict medical inspection of the crew and of all emigrants. I t refuses
permission to embark to persons suffering from infectious diseases, or from
any other disease capable of causing annoyance to other passengers, as well
as to those who, on account of some physical infirmity or defect, would not
be eligible, in view of the special legislation of the countries of immigration,
to land in those countries.
The committee pays special attention to the state of health of persons
coming from localities where epidemics are rife. (Taken from the Bollettino
della Emigrazione, February 1925, "The Work of the Inspection Services
at the Ports".)
NETHERLANDS: East Indies.—The recruiter who engages labourers
in Java or Madura for work abroad must, a t his own cost, arrange for
a doctor to certify whether the recruits are physically fit to perform the
work for which he has engaged their services, and obtain a written certificate
t o this effect. He must send back to their homes the persons found to be
physically unfit. (Ordinance No. 613 of 14 September 1914, sections 9-10.)
POLAND 1 .—Emigrants undergo a medical examination on leaving the
i See also Supplement I : Decree of 11 Oct. 1927.
272
THE DEPARTURE OF EMIGRANTS
concentration station. When sailing from Danzig this examination takes
place a t the port itself.
PORTUGAL.—The shipping companies and their agents are forbidden
to allow emigrants to go on board before they have undergone inspection
bv the competent officials belonging to the General Emigration Department.
(Regulations of 19 J u n e 1919.)
Colonies.—The master of the ship is obliged to refuse to take on board
any native labourer whom t h e ship's doctor considers t o be ill, suffering from
rickets or from an infectious complaint, or unfit to work. Every native
who is neither marked with smallpox nor already vaccinated must undergo
vaccination before embarkation. (Decree of 14 October 1914, sections 144
and 149.)
RUMANIA.—The transport undertakings are obliged t o arrange for a
medical inspection of the emigrants at the concentration points on inland
frontiers or a t the "ports of embarkation. (Regulations of 22 June 1925,
section 36.)
SERB - CROAT - SLOVENE KINGDOM. —Emigrants
travelling
through Austria, Germany, and Switzerland to embark from the ports of
Germany, France, or the Netherlands are inspected on crossing t h e frontier
a t Maribor (Marburg) or a t Jesenia (Assling). Those travelling via Italy
to embark from an Italian or French port are inspected a t Rakek. There
are also inspection stations a t the ports of Susak, Split and Gruz. (According to a communication from the Emigration Department to the International Labour Office, 9 December 1924.)
SWEDEN.—A medical examination must take place not less t h a n three
days before departure, so as to ensure t h a t no emigrant is suffering from a
complaint which may be a source of danger to the health of his fellow
passengers. The examination, conducted by t h e medical officer of t h e
municipal service, takes place at the expense of the shipowner. (Ordinance
of 4 J u n e 1884, section 40.)
§ 5.—Other Protective E n a c t m e n t s
Other measures of various kinds are t a k e n b y m a n y countries
a t the point of departure t o ensure t h e welfare a n d safety of t h e
emigrants.
The provision of hospital t r e a t m e n t of emigrants who are t a k e n
ill a t the port of embarkation is either made b y t h e State or made
obligatory on t h e transport undertakings, or again, on t h e
recruiting agents, in t h e case of emigrants travelling under
contract.
The equipment of colonial emigrants for t h e voyage is sometimes made a charge on the parties engaging t h e m .
Transport or recruiting agents are sometimes obliged t o place
employees a t t h e disposal of t h e emigrants t o t a k e charge of t h e m
a t the port of departure, or during t h e inland portion of their
OTHER PROTECTIVE ENACTMENTS
273
journey. At transit ports there are interpreters who help
foreign emigrants; further, qualified women supervisors are
entrusted with the assistance of women and children, and their
protection against the dangers of the white slave traffic, etc.
This protection is often afforded by means of private organisations, sometimes with the backing of the Government.
Some of these requirements are quoted below :
AUSTRIA.—If it is necessary for a sick person t o be sent into hospital
a t the port of departure, the transport company must bear the cost up to a
period of fourteen days if the emigrant is without means.
If the company can be held responsible for the cause of illness, the expenses
of hospital accommodation must be borne by it for an unlimited period
even if the patient is not without means. (Regulation of 27 J u n e 1921,
section 22.)
INDIA.—Provision for the treatment of the sick must be made in all the
places of accommodation for emigrants, which have to be established in
every port prescribed for the embarkation of emigrants; in the event of
communicable disease, every emigrant attacked must be sent to an outside
hospital for treatment, and all contacts shall be placed in a segregation shed.
(Rules under the Indian Emigration Act, 10 March 1923.)
NETHERLANDS : East Indies.—The recruiter is obliged to provide
such food and clothing as may be necessary for the persons admitted to t h e
concentration shelters and to take the necessary measures for attending to
the sick. (Ordinance No. 613 of 14 September 1924, section 8.)
POLAND.—The licensed companies are obliged, after
preliminary
agreement with the Emigration Office, to appoint guides to taKe charge of
tne emigrants arriving Dy rail at the port of embarkation. (Model Licence
for Transport Undertakings, 1925, section 13; see also Supplement I.)
PORTUGAL.—Emigrants travelling under contract must be met at the
railway station of the port from which they are to embark by an employee
of the emigration agency; this guide must remain with them constantly
until they depart. (Regulations of 19 June 1»19, section 44.)
Colonies.—The Decree of 14 October 1914 requires t h a t before embarkation the recruiter must see to it that the natives engaged by him are
provided with sufficient clothing (section 140).
SWITZERLAND.—The Act of 22 March 1888, section 16, regarding
the transport of emigrants, requires that each party of overseas emigrants,
which is not accompanied by any agent or sub-agent of the emigration
undertaking, must be met at the stations a t which they have to change and
a t the port of embarkation, by a representative of the undertaking. The
person accompanying the emigrants must remain with them until the ship
sails; the consuls in the respective countries must be notified of the
embarkation and disembarkation of the emigrants.
19
274
THE DEPARTURE OF EMIGRANTS
§ 6.—Communication of Lists of Emigrants
The emigration agents and transport undertakings or the
masters of ships are frequently under the obligation to furnish
to the competent authorities lists of the emigrants recruited or
transported by them. This list must be communicated either
on each voyage at a fixed time, or in a monthly or annual return.
The purpose of these reports is to place in the hands of the
police the necessary information for the inspection of the travellers, to make it easy to check whether the number of passengers
exceeds the capacity of the ship, and also to provide the requisite
data for the compilation of emigration statistics. In some
countries, the list thus drawn up also serves as the basis for the
calculation of the exit taxes payable by the transport undertakings, and also for the calculation of the return tickets at
reduced prices or free of charge for emigrants who have to be
repatriated, which tickets have to be issued by the licensed
companies in proportion to the number of emigrants whom they
have transported.
AUSTRIA.—The transport companies have to furnish each year to
the federal authorities a return of the passengers of Austrian nationality
whom they have carried on an outward or return journey. Their boote
must keep note of the names, addresses, class of accommodation, place
of embarkation, and final destination of each person, and on request by
the competent authorities they must give any other useful information.
(Regulations of 27 J u n e 1921, section 16.)
BELGIUM.—The transport undertaking must hand to the Emigration
Commissioner, on the day before sailing, the provisional list of the passengers
to be conveyed. The final list, duly signed, must be handed in within
twenty-four hours of the departure of the passengers to the Emigration
Commissioner, and to the Maritime Commissioner, and must contain in
precise form the following particulars : surname, Christian name or names,
sex, last residence, destination, the name of the ship, the names of the ports
of embarkation and disembarkation, transhipments in the course of the
voyage, and the means of transport to the final destination. (Order of
25 February 1924, section 25.)
CZECHOSLOVAKIA.—Companies undertaking the transport of
emigrants are obliged to send in monthly to the Minister of Social Welfare
a report on the emigrants transported by them. They must make a note
of any emigrant rejected, and the reason for rejection. (Act of 15 February
1922, section 18, and Regulations of 8 J u n e 1922, section 20.)
DENMARK.—A list of the passengers who are to embark is compiled
and signed by the master of the ship, and handed to the inspecting medical
officer at the time of the inspection which precedes sailing, so that he may
COMMUNICATION OF LISTS OF EMIGRANTS
275
check whether all the passengers entered therein have been examined. The
final list of passengers is handed to the police at the time of the police
inspection, carried out by them at the last moment before the ship sails.
If the list contains a larger number of persons t h a t t h a t which the ship is
entitled to carry according to its capacity, the shipowner has t o pay a fine
amounting to 25 Rigsdaler per person in excess of the maximum. The list
is checked by roll call. (Regulations, 28 March 1870, sections 29 and 33.)
GERMANY.—The German Regulations of 14 March 1898 stipulate
that the shipowner must place at the disposal of the inspector, six hours
before the departure of the ship, a list giving the names of : (a) persons more
than 10 years of age; (b) children more than one year and less than 10 years
of age ; (c) children less than a year old ; (d) women travelling alone ; (e) men
travelling alone.
The Emigration Act of 9 June 1897 further stipulates that information
must be immediately given to the German consul at the port of disembarkation as to the names, nationality, and aim of journey of women who
appear to have been the object of immoral traffic. Information must also
be given with regard to persons of the male sex accompanying them.
GREAT BRITAIN.—The master of every ship carrying steerage
passengers must sign in duplicate a passenger list setting forth the name
and other particulars of the ship and of every passenger on board. The list
must be countersigned by the Emigration Officer, if there is one a t the port,
and then delivered to the officer of customs, who countersigns it, returns one
copy to the master, and retains the other copy himself. If any requirement
of this section of the Act is not complied with, or if any passenger list is
wilfully forged, the master of a ship is liable to a fine. (Merchant Shipping
Act, 1894, section 311.)
Colonies.—In the British Colonies of Ceylon, Gambia, Gold Coast, Jamaica,
Nigeria, Straits Settlements, and Windward Islands, the master of any ship
departing from any port within the colony, when called upon by the proper
authority, must produce a passenger list containing the names of all
passengers and their respective ports of embarkation and disembarkation.
In the Straits Settlements the list must also contain the nationalities, places
of birth and occupations of the aforesaid. I n Hongkong it is the duty of the
passage broker, when contracting with an intending emigrant for passage
in an emigrant ship, to notify the Secretary for Chinese Affairs and the
Emigration Officer of every such contract. The name, age and sex of the
emigrant must be stated, together with the name of the ship.
I t is stipulated in the regulations of the Solomon Islands that the name of
any native recruited or being returned home, and of his wife and children
(if any), the place where he is embarked, and, if he is a recruit, the terms,
names and nature of his employment, etc., shall be recorded by the master
of the vessel and produced for inspection upon request.
Whenever, in Ceylon, a third-class passenger ticket is issued to a native
of Ceylon or India for any of the ports especially designated (i.e. designated
as approved ports by publication from time to time in the Government
Gazette), it shall be the duty of the person issuing it to report the issue of
such ticket to the nearest police station.
In the law of Gambia, the passenger list is restricted to "deck" passengers
(which is interpreted to mean native labourers under contract for service
outside the British Dominions or territories in and over which the British
Government has jurisdiction). There are certain further provisions relating
to such contracts for foreign service. In Gambia and Sierra Leone, it is the
duty of any Magistrate, before whom any contracts for foreign service have
been entered into, to furnish the senior officer of police at the port of embarkation with a list of the persons so engaged, and the officer shall superintend
their embarkation. The master of the ship in question must permit the
276
THE DEPARTURE OF EMIGRANTS
superintending officer to go on board and afford him all proper facilities for
the carrying out of his work. Similarly, in Nigeria, the Magistrate must
furnish the head officer of police with such a list, and the officer shall
superintend the emigration of such persona, and must check the names of
the persons about to embark with the lists so furnished.
In the Leeward Islands, under the provisions of the Recruiting of Emigrants
Act, 1921 (sections 10 and 11), it is the recruiting agent who furnishes the
list of emigrants.
(Ceylon : Emigration Ordinance, 1917, section 7, (2), (4); Gambia : Native
Labour (Foreign Service) Ordinance, 1913, sections 9 and 18; Gold Coast :
Regulation of Employment Ordinance, 1921, section 30; Hongkong : Asiatic
Emigration Ordinance, 1915, section 33; Jamaica : Emigrants Protection
Act, 1924, section 15 (2) ; Leeward Islands : Recruiting of Emigrants Act,
1921, sections 10 and 11 ; Nigeria : Native Labour (Foreign Service) Ordinance
1916, sections 21 and 22; Solomon Islands : Solomons Labour Regulations,
1921, section 2, (1); Straits Settlement : Passengers Restriction Ordinance,
1919, section 6, and Passengers Restriction Ordinance, 1926, section 2:
Windward Islands : Saint Lucia, Emigrants Protection Ordinance, 1916,
section 8, (2), Saint Vincent, Emigrants Protection Ordinance, 1924,
section 8, (2).)
GREECE.—In order to facilitate the supervision of travellers and the
checking of the total sum of money received for the sale of passages, the
shipowners and the agents must send in monthly a list of the persons to
whom they have issued tickets, classifying under emigrants, other Greek
passengers and foreign passengers. (Act of 24 July 1920, section 20.)
HAITI.—The Act of 23 January 1925 obliges the shipping companies to
furnish the port officers at the time of sailing of every ship leaving the port
of Haiti with a list in duplicate of all the passengers, giving the name, age,
nationality, occupation, and place of residence in Haiti of each passenger.
ITALY.—The master of the ship is obliged to furnish to the emigration
authorities a list of the emigrants and other passengers carried. This list is
filed by the Inspector of Emigration.
J A P A N : Korea.—When an emigration agent sends off the emigrants
recruited by him, he must furnish to the Minister of the Interior, and to the
Japanese authorities under whose jurisdiction the place of destination lies,
the names of the emigrants whom he is sending. If one of the emigrants
changes his address, the representative of the emigration agency abroad must
inform the Japanese authorities of such change of address.
Twice a year a summarised report regarding the emigrants with
whom he has had to deal (emigrants transported, repatriated, deceased)
must be furnished by the emigration agent to the Ministry of the Interior.
(Regulations under the Emigrants Protection Act, 1906-1908, sections
XIV-XVI.)
MEXICO.—Before obtaining his clearance papers, the master of the ship
must hand to the emigration authorities his passenger list, with full details
as to the name, age, civil status, nationality, origin, and destination of each
passenger. Aircraft conveying passengers to destinations abroad have to
comply with the same requirements. (Act of 12 March 1926, sections 76
and 77.)
NETHERLANDS.—Four hours before the sailing of an emigrant ship,
the owner of the ship, or his agent, must make a statement to the
office of the Supervising Committee as to the number of emigrants
•carried.
Further, the shipowner must transmit to the Supervising Committee
COMMUNICATION OF LISTS OF EMIGRANTS
277
within three days of the departure of the ship, alisi, signed by him, showing :
the surname, Christian names, age, sex, occupation and last residence of
emigrants who are on board the ship, the name of the ship, the name of
the captain and the destination.
If, subsequent to this declaration, the ship has any communication with
land, the Committee have the right to demand t h a t within a specified
period the shipowner shall prove the accuracy of his statement or add the
names of emigrants who left the ship and the names of those who embarked
a t the last moment. (Transport of Emigrants Act, consolidated in 1869,
section 16, and Regulations concerning the application of the Act, section 32.)
NORWAY.—The agents have to send to the authorities some days before
departure a list signed by them of the emigrants to be transported by them,
together with the transport contracts also signed, the latter having to
be collected from the passengers against provisional receipts. (Regulations
regarding the Supervision and the Transport of Emigrants, 18 December
1899, section 8.)
POLAND.—At the ports of Danzig and Gdynia the companies licensed
in Poland for the transport of emigrants must furnish to the representatives
of the Emigration Office within three days after the sailing of a ship carrying
emigrants, a list of all the passengers which the company contracted to carry,
regardless by which class they are travelling. At transhipment ports abroad
a list must be handed to the representative of the Emigration Office, or, in the
absence of such an official, to the Polish consul, containing the names of
the passengers who have just left Poland, and those of all Polish nationals,
whatever their last place of residence. (Model Licence for Transport
Undertakings, 1925, section 22.)
PORTUGAL.—Emigration agents or the consignees of the transport
undertakings are obliged to report to the emigration authorities in good
time the probable number of emigrants who will embark on each ship, in
order t h a t the Commissioner of Emigration may, if he thinks fit, appoint
an inspector to accompany the emigrants. After this, and before the sailing
of the ship, they must deposit in the Emigration Inspection Office the official
list of the passengers who will embark, and the documents in which the
emigration of each person has been authorised. In addition, they must
remit every month a list of the emigrants who have sailed during the
preceding month.
When once the lists have been deposited, the masters of ships may not
permit any other Portuguese passengers to come on board, even on the
high seas, except in the case of shipwrecked persons. Further, the master
of a ship is obliged to remit to the Portuguese consul, a t the nearest place
to the port a t which he has landed any Portuguese emigrants, a list bearing
their signatures. The purpose of the last mentioned regulation is to provide
a basis for the calculation of the free repatriation tickets, which have to be
issued by the transport companies in proportion t o the number of emigrants
carried by them. (Decree of 10 May 1919, section 24, and Regulations of
19 June 1919, sections 66, 71, 82, and 102.)
SPAIN.—Charterers of ships are obliged to transmit to the Spanish
consuls a t the end of the journey either a list of the emigrants transported
or separate forms from which the consular register can be compiled. The
same list must also be remitted to the Directorate-General of Emigration.
If the emigrants are accompanied by an iaspector, t h e responsibility of
remitting these lists to the consul and the Directorate-General of Emigration
devolves on him. The lists must contain the surname and Christian
names, sex, age, place of birth, civil status, and occupation of every
person entered as a n emigrant, and, in addition, the name of the
ship, its nationality, and the country to which it is bound. Against the
278
THE DEPARTURE OF EMIGRANTS
name of each emigrant listed it shall be stated whether he is able to read and
write, and what is the number of his identity card (cartera de Identidad).
Persons liable to military service, who are authorised to emigrate, must be
mentioned on a special list, with an indication of their military position
and the regiment to which they belong. (Consolidated Text of the Emigration Acts, dated 20 December 1924, section 31, and Regulations under the
same date, sections 61 and 75.)
SWEDEN.—Before the ship sails, a list of the emigrants carried must be
remitted in duplicate to the police of the port. The following information
must be included : name, place of birth, sex, age, occupation, destination.
Any subsequent alterations to this list (deaths, etc.), must be noted either
by the. master of the ship or by the ship's doctor, if the ship carries one.
One copy of this list is returned to the ship's master after having received the
official stamp, and must be handed by him on arrival at the destination to
the Swedish consul, together with a supplementary list, should the vessel
have taken further emigrants on board at a port of call, in accordance with
the requirements laid down in these Regulations. If no measures are taken
by the country of immigration at the port of disembarkation to check the
emigrant passenger lists, the consul himself must come on board, to satisf3'
himself t h a t the list produced tallies with the actual number of emigrants
carried by the ship, and must send in a report on the matter to the Minister
of Commerce. (Ordinance of 4 J u n e 1884, sections 43, 50 and 51.)
SWITZERLAND.—Emigration agents must submit to the Department
for Foreign Affairs a list of persons transported; the forms for this list are
supplied free of charge to the agents, and must be sent in every month duly
filled up. (Regulations of 10 July 1888, section 34.)
U N I T E D S T A T E S O F AMERICA.—The master of every vessel
taking passengers from any port of the United States t o any insular possession
or foreign port is required to file with the immigration officials, before
departure, a list giving information in relation to the following matters
regarding all alien passengers and all citizens of the United States departing
for a foreign country : calling or occupation; whether able to read or write;
nationality; country of birth; country of which citizen or subject; race;
last permanent residence in the United States ; time and port of last arrival
in the United States. (Immigration Act, 1927 (section 12).)
§ 7.—Exit T a x e s
Exit taxes are levied either on the emigrant himself or on the
recruiter or the transport undertaking. I n t h e countries in
which emigration funds exist, they are generally paid into these
funds, of which t h e y form one of the principal sources.
The taxes t o be paid b y the recruiters and the transport undertakings are dealt with respectively in Chapters VI and V I I ; for
this reason all t h a t are given here are the existing taxes or fees
t o be paid by emigrants.
CHINA.—The taxes which emigrant workers have to pay to the
Government before leaving Chinese territory must be levied by the Central
Emigration Bureau, or by the branch bureau in the localities in which
the workers are recruited. (Emigration Act, 21 April 1918, section 13.)
E X I T TAXES
279
GREECE.—A special t a x is levied on each traveller purchasing a whole
ticket1 for a whole berth for a destination abroad. I t is fixed at eight drachmas for a ticket to any place in Asia Minor or Egypt, and 20 drachmas for all
other countries. The payment of this t a x must be made to the transport
agents at the same time as the price of the ticket, the agents paying it into
the Public Treasury. (Act of 24 July 1920, section 25.)
ITALY.—The emigrant must pay a tax of 2 lire 2 as his contribution to
the costs of the emigration services. (Consolidated Text of the Emigration
Laws, 18 November 1919, section 15.)
PORTUGAL.—According to Decree No. 5624, section 8, every Portuguese subject and every foreigner embarking at a Portuguese port for
passage to a foreign port, or on a ship of any other nationality, must pay
a tax of 5, 2.50 or 1.00 escudos 3 , according to whether he is travelling first,
second, or third class. The shipping companies are responsible for collecting
these taxes (section 24).
The following persons are exempted from the payment of the tax : children
under two years, shipwrecked persons, persons without means, repatriated
persons, soldiers, Government officials travelling on business, and any
other person travelling on an official mission.
RUMANIA.—A t a x of 10 gold lei is levied for every individual permit
to emigrate. I t is paid into the Emigration Fund. (Act of 11 April 1925,
section 51.)
1
One drachma = approximately 0'7d.
One lira = approximately 3 7d.
3
One escudo or 1 milreis = approximately 2 id.
2
280
THE TRANSPORT OF EMIGRANTS
CHAPTER IX
THE TRANSPORT OF EMIGRANTS
The transport of emigrants takes place in some cases by land
and in others by sea. Transport by sea is subject to particularly
careful regulation, the explanation of which fact is that journeys
by sea are usually longer, and that the companies are comparatively free to fix the conditions under which passengers are
carried, while the railways, in most countries, are either State
monopolies or are carried on by big companies under concessions,
their management in either case being subject to public regulation
of a detailed and fairly strict order. Further, even in
national ports, transport by sea is often carried out by foreignowned ships, and in consequence is subject to laws with which
the persons to be transported are inadequately acquainted.
For all these reasons the attention of the public authorities was
drawn at an early date, and on repeated occasions, to the maritime
transport of emigrants. A number of older emigration laws,
indeed, deal exclusively with trans-oceanic emigration, and
fail to take into account interchanges of population between
countries on the same continent, which were of minor numerical
importance and took place under relatively easy conditions.
Except in countries such as Switzerland, which, having no sea
coast, were therefore obliged to deal earlier with transport by
land as a preliminary to embarkation, the regulation of transport
by land is generally a matter of recent date.
§ 1.—Regulation of Transport by Sea
The question of the transport of emigrants by sea has occupied
the attention of the authorities in countries of emigration and
immigration from various points of view. Assistance of emigrants
in relation to health during the trying journey across the ocean
REGULATION OF TRANSPORT BY SEA
281
has in view, apart from its humanitarian side, the practical
object of preventing the worker from arriving at his destination
too weak t o obtain suitable employment cr to give the services
required of him.
As t h e sea voyage may be considered in some way as t h e
connecting link between emigration and immigration, it represents common ground which m a y be covered by t w o or more sets
of legislation at once, in all cases t h a t of the two countries principally interested, the country of origin of the emigrant and the
country t o which he is going, b u t also in many cases t h a t of t h e
countries traversed in transit, t h a t of the country from which
embarkation takes place, and t h a t of the countries whose flag is
flown by the ships of the transporting company.
This complex situation often leads t o disputes t h a t are not
easy t o settle between the various countries, which all claim
t o make trans-oceanic travelling subject t o their laws. I t is
this fact which has made it necessary, in the opinion of many,
t o standardise the regulations by means of an international
agreement. The legislation in force in the various countries of
immigration will be analysed in Volume I I of this study, and
the Conventions and treaties relating t o the transport of migrants
in Volume I I I . I n this chapter the only measures which will
be treated are those taken b y the countries in which emigrants
sail or whose flag is flown by ships transporting them.
A distinction may be drawn between the provisions relating
t o ships intended for the transport of emigrants and those
relating t o the supervision and protection afforded t o emigrants
during their passage.
(a)
EMIGRANT SHIPS
What are called "emigrant ships", are defined b y certain
countries in accordance with varying criteria, and special regulations are applied t o them. I n those cases in which the emigrant
ship is not defined, the transport of emigrants is placed under
the general system of regulation of passenger ships, which system
allows for variations according t o the tonnage of the ship and the
number of passengers carried, sometimes also according t o the
distance of, or the time taken by, the voyage, or its climatic
conditions (tropical or temperate regions). Passenger ships
282
THE TRANSPORT OF EMIGRANTS
have also t o comply with the conditions of seaworthiness laid
down in the general enactments regarding merchant shipping.
These various special and general enactments constitute a large
agglomeration of requirements on different points ; the principal
matters dealt with are :
(1) The seaworthiness of the ships, as guaranteed b y their
proper construction and the working order of their vital parts
(hull, water-tight compartments, boilers, etc.), b y their stability
(ballast and stowage, cargo, water-line, etc.), b y the sufficiency
of their equipments (spare set of essential parts, life-saving
apparatus, fire extinguishers, signals, wireless installations, etc.),
a n d b y measures for t h e prevention of accidents (prohibition of
t h e carrying b y passenger ships of inflammable or explosive
substances or noxious gases). Periodic inspections are carried
out t o ensure t h a t emigrant ships are kept in good condition in
all these various respects.
(2) The speed of the ships is tested in some countries, a minimum
number of knots per hour being required for emigrant ships.
(3) The capacity of the ships, so far as the number of emigrants
t o be carried is concerned, is generally determined in relation
t o their tonnage, t o the floor space of the steerage or t o a minim u m allowance of cubic space per adult emigrant carried; for
the purpose of such calculations, two children below a given
age (10-14 years according t o the country) are generally counted
as an adult.
(4) The equipment of the quarters allotted t o the emigrants is
frequently the subject of very detailed requirements dealing
with the situation of these quarters, the size of the berths, the
composition of their bedding, and the distance between them,
with the process of ventilation and the supply of fresh air, with
sanitary equipment proportionate t o the number of passengers
(wash basins, water closets, etc.) and with the provision of
separate sleeping accommodation for women travelling alone
and young children.
(5) The medical equipment must include sick wards, t h e number
of beds in which is proportionate t o the total number of passengers,
and they must be furnished with such instruments and medical
stores as are necessary for the medical treatment of the different
kinds of illness which may occur. Some laws require the provision
of isolation wards for infectious and for mental cases.
283
REGULATION OF TRANSPORT BY SEA
(6) Finally, various
emigrants
arrangements
to ensure the comfort
of the
are required b y some countries, such as refrigerators
for t h e keeping of food a n d drinking water, etc.
I t is impossible t o go i n t o all t h e manifold details of t h e enactm e n t s of t h e various countries on all these points.
B y way of
example a s u m m a r y is given of t h e regulations enforced b y Great
Britain on these p o i n t s ; these apply t o all ships flying t h e British
flag,
whether
nationalities.
carrying
British
emigrants
or
those
of
other
F o r this reason a d e p a r t u r e is m a d e from
the
alphabetical order, and Great Britain is placed a t t h e head of
t h e extracts given.
I n t h e case of t h e remaining countries all
t h a t will be mentioned is : (1) t h e definition of a n e m i g r a n t ship,
or, alternatively,
the
scope
of application
of t h e
regulations
relating t o t h e t r a n s p o r t of e m i g r a n t s ; (2) a reference t o t h e
t e x t s containing t h e conditions laid down in regard t o accommodation a n d a n y exceptional requirements t o be found in t h e s e ;
(3) t h e supervision carried out in each country.
GREAT BRITAIN.—Definition.
The Merchant Shipping Act of 1894 1
(section 268, (1)) states t h a t " t h e expression 'emigrant ship' shall mean
every sea-going ship whether British or foreign and whether or not conveying mails, carrying upon any voyage, t o which t h e provisions of this part of
the Act respecting emigrant ships apply, more than 50 steerage passengers
or a greater number of steerage passengers in the proportion :
(a) If t h e ship is a sailing ship, of one statute a d u l t 2 t o 33 tons
of the ship's registered tonnage ; and
(b) If the ship is a steamship, of one statute adult t o every 20 tons
of the ship's registered tonnage ;
and includes a ship which having proceeded from a port outside t h e British
Islands, takes on board a t a n y port in t h e British Islands such number of
steerage passengers, whether British subjects or aliens resident in t h e British
x
The provisions of the Merchant Shipping Acts (Great Britain) concerning emigrant
ships apply to all voyages from the British Islands to any port out of Europe and not within
the Mediterranean Sea. They also apply to a so-called colonial voyage, that is to say, to
a voyage from any port in a British possession, other than British India and Hongkong,
to any port whatever, where the distance between such ports exceeds four hundred miles or
the duration of the voyage exceeds three days (section 270), except the provisions relating to
contract tickets; Orders in Council regulating emigration from the British Islands or
prescribing rules for promoting health, cleanliness, order und ventilation, passage brokers,
emigrant runners and posting of abstracts from the Act. Where the duration of a colonial
voyage is less than three weeks, the provisions relating to accommodation for steerage
passengers, medical practitioner, stewards, cooks, cooking apparatus, and manning with an
efficient crew, and maintenance of steerage passengers after arrival do not apply; nor do
the enactments relating to the issue of provisions, except as to the issue of water, apply to
any steerage passenger who has contracted to furnish his own provisions (section 365, (3)).
2
A statute adult is a person over 12 years of age or two persons between the age of
1 and 12.
284
THE TRANSPORT OF EMIGRANTS
Islands as would, either with, or without the steerage passengers which she
already has on board, constitute her an emigrant ship."
Principal requirements of the Merchant Shipping Act applicable to merchant
ships. An emigrant ship, in respect of which a passenger steamer's certificate is not in force, shall not clear outwards or proceed to sea on any voyage,
unless she has been surveyed under the direction of the emigration officer
a t the port of clearance, but at the expense of the owner or charterer thereof,
by two or more competent surveyors to be appointed at any port in the
British Islands where there is an emigration officer by the Board of Trade,
and at other ports by the Commissioners of Customs, and has been reported
by such surveyors to be in their opinion seaworthy and fit for her intended
voyage. If any such surveyors report t h a t the ship is not seaworthy,
or not fit for her intended voyage, the owner or charterer may, if he thinks
fit, by writing under his hand require the emigration officer to appoint three
other competent surveyors (of whom two at least must be shipwrights) to
survey the ship a t the expense of the owner or charterer; and the said
officer shall thereupon appoint such surveyors, and they shall survey the
ship, and if by unanimous report under their hands, but not otherwise,
they declare the ship to be seaworthy and fit for her intended voyage, the
ship shall for the purpose of this part of the Act be deemed seaworthy
and fit for t h a t voyage.
A ship shall not carry passengers, whether cabin or steerage passengers,
on more than one deck below the waterline.
On emigrant ships, no greater number of steerage passengers may be
carried on the lowest passenger deck than in the proportion of one statute
adult to every 18 clear superficial feet allotted to their use, or on other
passenger decks than in the proportion of one statute adult to every 15 clear
superficial feet of deck allotted to their use.
An emigrant ship shall not carry a greater number of steerage passengers
on the whole than in the proportion of one statute adult to every 5 superficial
feet of air or promenade space provided on a deck so open as not to be
included in the tonnage and approved by the emigration officer, and this
space shall not be counted or included in the area available for any other
passengers.
Each berth shall be conspicuously numbered. There shall not be more
t h a n two tiers of berths on any one deck. The interval between the deck
and the lower side of the berth immediately above it shall not be less than
twelve inches. The interval between each tier of berths and between the
uppermost tier and the deck above it shall not be less t h a n two feet six
inches. The berths shall be securely constructed and of dimensions not
less than six feet in length and twenty-two inches in breadth for each statute
adult. Not more t h a n one steerage passenger, except in the case of children
under the age of twelve years, shall be placed in or occupy the same berth.
Berths occupied by steerage passengers during the voyage shall not be
taken down until twenty-four hours after the arrival of the ship at the
port of final discharge, unless all the steerage passengers have voluntarily
quitted the ship before the expiration of t h a t time.
The regulations also deal with the adequate protection of single women
and women unaccompanied by their husbands while on board ship, providing
t h a t they shall have satisfactory sleeping quarters in self-contained compartments divided off from spaces appropriated to the other steerage passengers,
and t h a t when they are assisted passengers, a matron shall be appointed
for every 25 such women (sections 9-16).
Spaces shall be set apart in every emigrant ship for use exclusively as
hospital accommodation for the steerage passengers, and these spaces
together shall contain not less than 24 superficial feet for every 50 steerage
passengers carried. In no case shall a single hospital contain less t h a n
48 superficial feet, or the total hospital space less than 96 superficial feet.
Separate and sufficient hospital accommodation shall be provided for each
sex where male and female passengers are carried. The spaces set apart for
REGULATION OF TRANSPORT BY SEA
285
hospital accommodation shall be in or above the uppermost passenger deck,
and shall be properly divided off from other living quarters. The hospital
spaces shall be fitted with bed places and supplied with proper beds, bedding,
and utensils, and shall be efficiently heated and ventilated. There shall
also be provided at least one water-closet to each hospital or set of hospitals,
and it shall be situated immediately adjacent to the hospitals. In the
case of an infectious hospital, a full-sized bath with an ample supply of hot
and cold water shall be provided. I n addition a dispensary shall be provided
(fitted with all necessaries), and a full-length couch for the examination
of patients.
Every emigrant ship shall be provided with a t least five wash-basins for
every 100 steerage passengers. I n addition, there shall be at least one
washing trough for every 100 females and one for every 200 males. Every
emigrant ship shall be provided with a t least one full-sized bath for every
100 females, and at least one full-sized bath for every 100 males ; half of the
baths may be shower baths fitted in enclosed cubicles. Every emigrant
ship shall be provided with a t least four water-closets for every 100 passengers
up to three hundred passengers, and two water-closets for each additional
hundred passengers beyond t h a t number. Urinals shall be provided at
the rate of at least two urinals for each 100 male passengers up to 300,
and at least one urinal for each additional hundred beyond 300. Waterclosets and urinals shall have an ample flush of water.
Every emigrant ship shall be supplied with such provision for affording
light and air to the passenger decks as the circumstances of the case and the
conditions of the service intended may, in the judgment of the emigration
officer a t the port of clearance, require.
No part of the cargo, or of the steerage passengers' luggage, or of the
provisions, water, or stores shall be carried on the lipper deck or on the
passenger decks, unless, in the opinion of the emigration officer at the port
of clearance the same is so placed as not to impede light or ventilation or to
interfere with the comfort of the steerage passengers.
The master of every emigrant ship shall issue to each steerage passenger
an allowance of pure water and sweet and wholesome provisions of good
quality, in accordance with the dietary scales (made under section 17 of the
Act of 1906). He shall, on request, produce to any steerage passenger
for his perusal a copy of this scale and shall post up copies of the scale in at
least two conspicuous places between the decks on which steerage passengers
may be carried.
An emigrant ship shall not clear outwards or proceed to sea, if there is on
board as cargo any explosive or any articles which are likely to endanger
the health or lives of the steerage passengers or the safety of the ship, or
animals (except on the conditions stated in the regulations).
A duly authorised medical practitioner shall be carried where the number
of steerage passengers on board exceeds 50, and. also where the number of
persons on board (including cabin passengers, officers, and crew) exceeds 300.
An emigrant ship shall not clear outwards or proceed to sea until a medical
practitioner, appointed by the emigration officer at the port of clearance,
has inspected all the steerage passengers and crew and has certified to the
emigration officer, and that officer is satisfied, that none of the steerage
passengers or crew appear to be by reason of any bodily or mental disease
unfit to proceed, or likely to endanger the health or safety of the other
persons about to proceed in the ship. If any such person is present the
Emigration Officer shall prohibit the embarkation of that person, or, if he
is embarked, shall require him to be relanded K
Supervision,
A ship fitted or intended for the carriage of steerage
passengers as an emigrant ship may not proceed to sea until the emigration
officer gives a certificate of clearance to the master declaring : (1) t h a t all
1
S t a t u t o r y Kules a n d Orders, 1907, No. 739, and 1917. No. 917.
286
THE TRANSPORT OF EMIGRANTS
the requirements of the law have been complied with ; (2) t h a t the ship is
in his opinion seaworthy, in safe trim, and in all respects fit for her intended
voyage ; (3) that the steerage passengers and crew are in a fit state to proceed ;
and (4) t h a t the master's bond has been duly executed 1.
Every passenger ship, whether an emigrant ship or not, must be surveyed
at least once a year. This survey is directed to ascertaining the seaworthiness
of the vessel in every respect, and her fitness for the service for which she is
intended, the limits within which she may ply and the number of passengers
that may be carried. If the survey is satisfactory, a passenger certificate
is issued for a period not exceeding twelve months.
On the other hand, emigrant ships are subject to numerous special and
additional requirements and cannot clear outwards on any voyage without
a certificate t h a t all the requirements of the law have been complied with.
A steamer holding a valid passenger certificate must, before the commencement of each voyage as an emigrant ship, be surveyed so as to satisfy the
emigration officer t h a t the condition of the hull, machinery and equipment
observed at the annual survey has been maintained and that, the life-saving
appliances are sufficient for the numbers to be carried. Steamers which
are not provided with valid passenger certificates must be thoroughly
surveyed in accordance with the standard required for a foreign-going
passenger certificate.
A U S T R A L I A N M A N D A T E D T E R R I T O R Y : N e w Guinea.—
Supervision.
By the terms of the Native Labour Ordinance of 1922-1925,
ships permitted to be used in the recruiting and transport of native labourers
undergo inspection by the authorities before sailing, in order to ensure that
they are seaworthy and that a certain minimum deck space is allotted to
the native passengers.
F R E N C H M A N D A T E D T E R R I T O R Y : Syria a n d Lebanon.—
Construction and Equipment.
The standard of equipment which has to
be reached by ships used for the transport of emigrants is laid down in the
model agreement attached to Decree No. 2975 of 4 December 1924 dealing
with the transport of emigrants. Further, the Governments of the States
comprised under the Mandate may make such additions as they consider
desirable in view of local conditions. One copy of the model agreement
is remitted (its receipt having to be acknowledged) to each of the shipping
companies regularly licensed for the transport of emigrants (section 13).
AUSTRIA.—Construction and Equipment.
I n the Regulations of 27 June
1921, section 24, it is stated that ships used by the companies licensed for
the transport of Austrian emigrants must be seaworthy and suitably equipped,
be classed Al at Lloyd's or possess an equally high classification under
another system. They must sail at a speed of at least 12J miles per hour,
and comply with the requirements of the Mercantile Marine Code and with
the other regulations of the countries whose flags they fly.
BELGIUM.—Definition. According to the Order of 25 February 1924,
sections 25 and 26, the following classes of ships are required to be inspected
by the Emigration Service before beginning each voyage : (1) all seagoing
ships sailing to transatlantic ports and carrying more than 50 emigrants;
(2) all seagoing ships sailing to European ports and carrying emigrants
on their way to embark in foreign ports.
1
The master ol an emigrant ship, together with the owner or charterer, or in the absence
of the latter, another person approved by the chief officer of customs, roust sign a joint
and several bond to the Crown for £2,000, or if the owner or charterer resides abroad for
5£,000, as a guarantee of the observance of the law.
REGULATION OF TRANSPORT BY SEA
287
If, however, a ship is to transport less than 50 and more than 12 emigrants,
these persons may apply to the Government Commissioner to supervise
the food provided and the equipment of the ship, and to check the fulfilment
of the conditions contained in the agreement of transport. Every undertaking contemplating the transport of emigrants must declare its intention
to the Maritime Commissioner, the chief of the port services and also the
Government Commissioner for Emigration, whose business it is to decide
whether the ship should be made to comply with the requirements of the
above-mentioned Decree and the Regulations.
Construction and equipment. The general requirements governing ships
calling at Belgian ports are laid down in the Act of 25 August 1920 and the
Regulations in regard to its application issued on 8 November 1920; these
allow no ship to proceed to sea until a certificate of its safe condition has
been issued. Further, the Order of 25 February 1924 on the transport
of emigrants states in minute detail what are the special requirements made
in regard to ships used for the transport of emigrants (sanitary and medical
equipment). These stipulations are stated to be made without prejudice
to the regulations of the countries of immigration, some of which are more
strict on certain points (section 27).
Supervision.
Should any alterations be made in the steerage accommodation, the shipowners must immediately make application to the Maritime
Inspection Service for re-measurement.
I t is also the duty of the Maritime Inspection Service to decide whether
they consider the medical equipment to be suitable and sufficient. No
clearance papers are to be given to a ship until this service has checked its
compliance with the terms of the Regulations (sections 27-33 and 40).
CZECHOSLOVAKIA.
Construction and equipment.
The Emigration
A c t of 15 F e b r u a r y 1 0 2 a s t i p u l a t e s t b a t t h e t r a n s p o r t of e m i g r a n t s b y sea
may only take place in ships specially set apart and appropriated for this
purpose, and adequately organised, equipped, and provisioned for the
voyage to be taken. Separate accommodation must be provided for emigrants of the two sexes.
The Regulations issued under this Act on 8 June 1922 require that national
and foreign ships used for the transport of emigrants must conform to the
requirements of Czechoslovak law in the matter of life-saving apparatus
carried and the sanitary conditions on board.
Supervision.
The condition of the equipment of the ships must be
inspected by the police authorities of the port of departure and by the
consuls in foreign ports where Czechoslovak emigrants embark.
DENMARK.—Definition. The following classes of ships are considered
as emigrant ships and have to comply with the regulations concerning them :
(1) all sailing or steam ships, Danish or foreign, intended for the transport of
more than 25 emigrants between Danish ports and ports outside Europe
(Act of 1 May 1868 and Regulations of 28 March 1870 (section 38)) ; (2) every
Danish or foreign ship carrying emigrants between Danish and foreign
European ports, if the vovage takes more than 24 hours (Act of 25 March
1872).
Construction and equipment. The general requirements with regard to
navigation are laid down in the Act of 13 February 1890 and the Regulations
under it of 13 March 1902, as well as in the subsequent Acts (14 May 1909,
3 January 1911) which deal in particular with safety conditions. But before
these requirements had been formulated, the Transport of Emigrants Act
of 1 May 1868, supplemented by the Regulations of 28 March 1870, the
Amending Act of 25 March 1872, and the Decrees Nos. 107 of 21 July 1899
and 145 of 9 September 1903, had laid down special requirements for emigrant
ships, dealing with the number of passengers and the equipment of the ships
from the point of view of comfort and sanitation, the separation of the
sexes, etc.
288
THE TRANSPORT OF EMIGRANTS
Supervision.
No emigrant may be taken on board until the ship has been
inspected by a marine construction expert and a boiler construction expert,
who shall examine into the seaworthiness of the ship and give a certificate
to this effect. This inspection is carried out at the expense of the transport
undertaking.
FRANCE.—Definition. According to the Decree of 9 March 1861,
section 6, every ship which takes 40 emigrants on board is classed as being
specially set apart for emigration. Nevertheless, an emigrant who has to
be transported by a ship carrying less than 40 emigrants has the right to
apply to the Commissioner for Emigration for his intervention in regard
to the quality and quantity of the food provided and the conditions of the
contract.
Construction and equipment. The regulation of the transport of emigrants
as contained in the Act of 18 July 1860 and in the Decree of 15 March 1861
has to some extent become a dead letter, its place being taken by recent and
very detailed legislation regarding merchant shipping and navigation in
general.
The Act of 17 April 1907, supplemented by the Regulations for its
administration dated 21 September 1908 and the Decree of 6 April 1923,
determines the conditions in regard to construction, seaworthiness, working
order, and equipment from the point of view of comfort and sanitation,
with which passenger ships have to comply.
Supervision.
No ship may be taken into use until it has undergone
inspection and has been awarded a sailing permit. Inspection takes place
subsequently on an annual basis to ensure that the ship is in good condition.
The same requirements have to be observed by foreign ships which take
passengers on board a t a French port.
GERMANY.—Definition. According to the Act of 9 J u n e 1897, the
term "emigrant ship" applies to all vessels sailing to overseas ports and
capable of transporting a t least 25 persons exclusive of cabin passengers.
Construction and equipment. The conditions with which these ships have
to comply are laid down in the general regulations for merchant shipping
(Act of 7 June 1902 and Regulations of 13 March 1903) as well as in the
Regulations under the Emigration Act of 14 March 1898 which determine the
special conditions required to be complied with by emigrant ships in regard
to equipment, to provisions and stores carried, to medical service, and to
safety and sanitary measures and the observance of propriety.
Supervision.
The company undertaking the transport of emigrants and
the master of the ship are answerable for the seaworthiness of the ship of
which they make use for the transport of emigrants, as well as for its proper
equipment and provisioning. An inspection takes place on every voyage.
I t is carried out by the Port Commissioner, an official appointed by the
State Government (Landesregierung).
GREECE.—Supervision. According to the Emigration Act No. 2475
of 24 July 1920, section 14, every ship intended for the transport of emigrants
must undergo inspection in Greece before it is taken into use, for the purpose
of ascertaining whether it is really adapted, according to the terms of the
merchant shipping laws, for its special purpose, and, in particular, whether
the space reserved for emigrants is sufficient and whether the equipment of
their quarters complies with the requisite standard of sanitation and comfort.
Subsequently a further inspection is made on each of the ship's voyages
before it leaves the Greek port.
HAITI.—Construction and equipment. Ships permitted to carry emigrants
must be ascertained to be seaworthy, adequately provided with safety
apparatus, and so equipped as to ensure the comfort of the passengers.
The number of passengers who may be carried is determined according
REGULATION OF TRANSPORT BY SEA
289
to the tonnage. If this number is exceeded, a fine can be imposed, jointly
and severally, on the captain and on the shipowner or the agent of the
shipping company, and the captain can be sentenced to a term of
imprisonment.
Supervision.
No vessel may be permitted to carry emigrants until the
captain of the ship and the shipowner, charterer or agent have obtained
a certificate of its compliance with legal requirements, after an inspection
by the maritime authorities at Port-au-Prince. The certificate holds good
for a period of six months dating from the day of issue, unless it should be
invalidated later by reason of some breach of the Regulations. (Emigration
Act of 28 February 1924, sections 15 and 16, and Supplementary Act of
16 April 1924, section 4.)
HUNGARY.—Construction and equipment. The
1909 states that the transport undertaking and the
are jointly responsible for carrying emigrants in vessels
regulations in the matter both of their equipment
and stores carried by them (section 27).
Emigration Act of
captain of the ship
complying with the
and the provisions
INDIA.—The Indian Merchant Shipping Act of 1923 contains detailed
statements on the conditions required to be fulfilled by passenger ships
in general (sections 125-145), by ships carrying steerage passengers (section 146), and by native passenger ships (sections 147-192).
Definition.
Certificates of survey as passenger ships are required for all
steamships carrying more than 12 passengers between an Indian port and
a foreign port.
The requirements of sections 332-335 of the Merchant Shipping Act of
1894 are applicable to ships carrying steerage passengers between the ports
of Calcutta, Madras, and Bombay and (a) the British colonies of Mauritius,
Jamaica, British Guiana, Trinidad, St. Lucia, Grenada, St. Vincent, Natal,
St. Kitts, Nevis, and Fiji; (b) the French colonies of Réunion, Martinique,
Guadeloupe and its dependencies, and Guiana; (c) the Dutch colony of
Guiana; (d) St. Croix; (e) in the case of native passenger ships, from any
port in British India to the Straits Settlements, to the Protected Native
States adjoining the Straits Settlements, to Australia, and t o ports in the
Red Sea, Gulf of Aden or Persian Gulf, and on the East Coast of Africa.
The sections regarding native passenger ships are stated to apply to all
Indian subjects both within, without, and beyond British India. These
special requirements do not apply normally to any steamship not carrying as
passengers more t h a n 60 natives of Asia or Africa to or from any port in
British India ; but a Local Government may, with the previous sanction of
the Governor-General in Council, declare them to apply to sailing ships
carrying more than 15 natives of Asia or Africa or to steamships carrying as
passengers more t h a n 30 such persons.
Construction and equipment. ' I n addition to the requirements imposed
on ships carrying steerage passengers (Merchant Shipping Act, 1894, sections 332-335), which are the same as in Great Britain, there are special
requirements concerning the equipment of native passenger ships. The
accommodation provided and the provisions and stores carried by these
ships must be suited both to the length of the voyage, and whether it is taken
" i n seasons of fair or foul weather". There are special regulations concerning
long voyages, i.e. those of a duration exceeding 120 hours, and voyages
taken in seasons of foul weather, particularly in regard to the amount of
deck space available for each native passenger.
Supervision.
Passenger ships may not put to sea unless the master
is in possession of a certificate of survey, which certificate is issued by the
Local Government after inspection by special officials entitled surveyors.
The owner, master, or officers of the steamship shall afford to the surveyor
all reasonable facilities for a survey of the ship and its machinery and
equipment. The surveyors shall also decide the number of passengers of
20
290
THE TRANSPORT OF EMIGRANTS
various classes which it is fit to carry. The fee for the survey shall be paid
by the master or the owner.
The period of validity of a certificate of survey is one year, unless the
surveyor has certified t h a t any given part of a ship will require re-inspection
before the expiration of t h a t period, or unless it is cancelled or suspended
by the Local Government. The certificate must be affixed in a conspicuous
part of the ship. The owner and the master shall each be punishable if
the ship carries a number of passengers greater than t h a t set forth in the
certificate of survey, the fines imposed being proportionate to the number
of excess passengers carried.
The certificate of survey granted by a foreign country shall be accepted
if attested by a British consular officer.
A native passenger ship may not embark or discharge passengers in any
ports other than those appointed in this behalf by the Local Government.
The master, owner, or agent of a native passenger ship must give notice to the
Local Government of its destination and the proposed time of sailing, in
order t h a t an inspector may come on board before the ship departs or
proceeds on her voyage. Two certificates must be held by the master :
one (Certificate A) stating that the ship is seaworthy, and is properly
equipped, fitted and ventilated, and giving the number of native passengers
it can carry ; and the other (Certificate B) stating the voyage the ship is to
make, t h a t it has the proper complement of officers and seamen, and t h a t
food, fuel, and pure water according to the prescribed scale have been
placed on board.
The inspection takes place at the expense of the master or owner, the
certificate being granted following the same if the state of the ship is
satisfactory.
ITALY.—Construction and equipment. The Emigration Act No. 23 of
31 January 1901 and the Regulations for its application of 10 July 1901,
together with the Decree of 14 March 1909, lay down in great detail the
conditions for the transport of emigrants by sea and make special requirements for the equipment of emigrant ships.
Supervision.
In addition to the inspection which has, in accordance with
the Mercantile Marine Code, to be undergone by all ships in order to ascertain
the condition of the hull, machinery, and all other apparatus, every ship
intended to be used for the trans-oeeanie transport of emigrants is subjected
to preliminary inspection to ascertain whether it has been fitted out in
accordance with the requirements of the emigration regulations. Following
this inspection a special certificate is issued.
The Legislative Decree of 1 May 1924 stipulates t h a t every emigrant ship
can have its licence withdrawn at any time if it is found no longer to conform
to the required conditions. After twenty years of service it must be laid off.
Nevertheless, the period of validity of its licence can be prolonged by five
years if the maritime authorities are satis fled, after inspection, that it still
complies with the required standard of comfort and hygiene.
A Decree of 27 January 1925 set up a Permanent Commission, presided
over by an inspector-general of the Royal Navy, the terms of reference of
which are to keep constant watch over the condition of ships used for the
transport of emigrants, to examine the reports of the travelling Royal
Commissioners and to make a classification of these ships by categories for
the purpose of fixing proper prices, and, finally, to exercise control over
shipbuilding.
According to the report of the Commission, satisfactory criteria were laid
down by a decision of 10 August 1925 to serve as the basis of classification
of emigrant ships ; these are : (1) the speed of the ships, and (2) their fitting
up in relation to available accommodation for sleeping purposes, the service
of meals, etc.
JAPAN.—Definition.
According to
the Emigrants Protection Act,
REGULATION OF TRANSPORT B Y SEA
291
1896-1907, a ship is regarded as being a n emigrant ship if it carries a t least
50 emigrants (section X X , (2)).
Construction and equipment. The Japanese legislation regarding the
merchant marine contains detailed regulations concerning the safety of ships.
Supervision.
Ships undergo periodical inspection of a technical character.
MEXICO.—Supervision. No ship may depart from a Mexican port
unless it has undergone inspection by the migration authorities and has
received permission from the same to proceed to sea. (Act of 12 March 1926,
section 74.)
NETHERLANDS.—The requirements with which ships carrying
emigrants have to comply were laid down in the Act of 1 J u n e 1861, amended
by that of 15 July 1869, and in the Orders relating to their application
of 27 November 1865, 30 September 1869, and 21 July 1875.
Definition.—The requirements concerning emigrant ships do not apply
to : (1) ships sailing to non-European ports and carrying less than 20 emigrants, exclusive of cabin passengers; (2) ships sailing to European ports
and carrying less than 10 emigrants, exclusive of cabin passengers; (3) any
ships which are not seagoing vessels (section 27 of the aforementioned Act).
Steamships engaged in a regular service between a Netherlands port and
another European port are subject only to the requirements relating to
certain sanitary precautions on board ship, and to the number of passengers
to be carried (section 29 of the Regulations).
Construction and equipment. The various Acts and Decrees cited carefully prescribe the standards of safety, preservation of health, and comfort
to which emigrant ships have to conform, and the provisions and other
stores to be carried.
A supplementary statement of the conditions of seaworthiness required
has been subsequently made in the general regulations laid down in the
Shipping Act of 1 July 1909, and the amending Act of 23 September 1912.
Further, the transport brokers are free to comply with the requirements
of the port of destination, provided that they do not thus fall below the
standard required by the Netherlands in regard to the fitting and equipment
of emigrant ships (section 28).
Supervision.
Whenever a passage broker has fitted out a vessel for the
conveyance of emigrants, he shall give notice of the fact to the Supervising
Committee in the district where the passengers are to be embarked, his
declaration containing the name of the ship, the place of destination, the
name of the master, and the number of emigrants whom he undertakes to
convey.
No ship carrying emigrants is permitted to leave the port without
producing a written declaration signed by the Supervising Committee
stating t h a t he has fulfilled the requirements of the port officials.
Colony : Curaçao.—Construction and equipment. Ordinances have been
passed which regulate in minute detail the safety and sanitary conditions
under which sailing ships and small steamers carrying more than 10 emigrants
may put to sea from the colony.
NORWAY.—Construction and equipment. The Act of 9 June 1903
concerning the navigability of ships dealt with their inspection, particularly
in regard to the carrying of passengers. The amending Act of 8 August
1908 contained supplementary provisions in the matter of safety conditions,
the sanitary requirements for the passenger accommodation (determination
of the maximum number of passengers and the minimum standard of
comfort, sanitary arrangements, etc.). Various instructions (19 January,
1 May, 27 August, 17 November 1909) give further details under these
heads. The requirements have been further supplementary by the Act of
17 July 1916.
292
THE TRANSPORT OF EMIGRANTS
Supervision.
Every ship carrying more than 12 passengers undergoes
inspection by the maritime authorities.
POLAND.—Construction and equipment. Licences for the transport of
Polish emigrants are granted only to companies whose ships ply from the
Polish ports on the Baltic, or, in exceptional cases, and for transport to South
America, to companies taking passengers on board at Mediterranean ports,
provided t h a t the conditions under which emigrant passengers are carried
are not inferior to those given by the companies embarking passengers a t
other European ports. (Act of 14 December 1925.)
According to the text of the licences granted in 1925 for transport undertakings (sections 15 and 16), companies authorised to carry emigrants may
not utilise for their conveyance any other ships than those which they have
reported to the Emigration Office as being intended for this service.
The reports concerning the use of these ships must be accompanied by
detailed information regarding their equipment, and particularly regarding
the situation and distribution of the emigrants' quarters, the space put a t
the disposal of each passenger, etc.
All the names of the different parts of steerage accommodation, the
ship's regulations, etc., must be displayed in Polish, even if they are also
given in another language t h a n t h a t of the company, t h a n French or English,
or, if the ship is proceeding to South America, than Spanish or Portuguese.
For ships proceeding t o Poland, if carrying returned emigrants, notices
must also be posted in Polish l .
PORTUGAL.—Definition. According t o t h e regulations under the
Emigration Decree (19 J u n e 1919), the designation "emigrant ship" applies
to seagoing vessels intended to convey more than 50 Portuguese passengers
to an oversea port in Portuguese or foreign territory.
Construction and equipment. The Decree No. 12,383 of 27 September
1926 provides the necessary measures t o ensure t h a t all Portuguese ships,
and particularly emigrant ships, comply with the conditions laid down in
the matter of safety (solid construction, means of navigation, certificates
held by the master and crew, safety appliances, etc.), the proper equipment
of the passenger quarters, and the limitation of the fares charged and of
the number of emigrants to be carried.
Supervision.
According to the aforementioned Decree, Portuguese ships
are obliged, before putting to sea, to be furnished with a safety certificate
guaranteeing t h a t their equipment is in conformity with the regulations.
Foreign vessels must be furnished with clearance papers recognised by
the Portuguese authorities to be of equal value, otherwise they will be subject
to complete inspection. In all cases Portuguese authorities reserve the
right to examine into the adequacy of the safety conditions mentioned in
the foreign ship's papers, and particularly to ascertain t h a t the number
of passengers is not exceeded (section 13). The Port Commissioners charged
with this supervision have particularly to see to it t h a t no emigrant ship
clears from a Portuguese port without having received the special certificate
required for the transport of emigrants.
Colonies.—Construction and equipment. The Decree of 14 October 1914
gives power to the Governor of each colony to issue such regulations as
appear to him appropriate regarding the construction and equipment of
the ships carrying natives recruited for work abroad or in another Portuguese colony. I n particular, the Governor shall have power to determine
the number of natives to be carried by each ship, and the arrangements to
be made for separation according to sex and age, and for medical
attention, etc. (section 137.)
11
See also Supplement I.
REGULATION OF TRANSPORT BY SEA
293
RUMANIA.—Construction and equipment. According to the regulations
of 22 J u n e 1925, ships conveying Rumanian emigrants must conform, in
the matter of their construction, sanitation, safety, and provisions and
stores carried, with the conditions required by the national legislation of
the country of the port of embarkation. They have to be supervised by
that country (section 35).
SERB-CROAT-SLOVENE KINGDOM.—Construction and equipment.
Tickets for sea passages may only be issued in respect of ships which comply
with the requirements laid down by the maritime authority in pursuance
of the Ordinance of 15 December 1919.
According to the Emigration Act of 1921, transport contracts must set
forth the obligations of the transporting company in the matter of the
minimum cubic space to be allotted to each emigrant (sections 11, 16,
and 21).
Supervision.
Every steamship to be used for the embarkation of emigrants is subjected to preliminary inspection in regard to its suitability.
SPAIN.—Construction and equipment. The consolidated text of the
Emigration Acts (20 December 1924, section 46) requires that ships intended
for the transport of emigrants shall comply with the Merchant Shipping
Orders, and also with the special rules laid down in regulations in regard
to their object, their place of destination, and the duration of the
voyage.
In connection with these provisions, the regulations of the Emigration Act
of the same date lay down with care the conditions of sanitation and comfort
with which these ships must comply (sections 103 to 115). I t is stipulated
t h a t a ship which is to be used for the transport of emigrants must undergo
a special inspection, to be carried out on board by the maritime authorities
of the ports designated for the transport of emigrants. In particular it
must make a trial trip of two hours a t an average speed of 11 miles, and it
must be proved by incontestable documentary evidence that the ship
maintained, during its last voyage, not more t h a n six months previously,
an average speed of 10 miles.
The Circulars of 8 and 23 J u n e 1926 further insisted on the necessity for
the shipping companies to conform to the conditions laid down in regard
t o the fitting and equipment of emigrant ships, and particularly on the
necessity of their providing all ships with apparatus for keeping drinking
water cooled to a maximum temperature of 15°.
Supervision.
An annual inspection of the condition of the equipment
is carried out by a representative of the maritime authority, an emigration
inspector, and a medical officer of either the Maritime or the Public Health
Service. One certificate is handed to the master of the ship and another
sent t o the Directorate-General of Emigration (sections 96-98).
On the order of an emigration inspector, a fresh inspection can be made
a t any time, if just cause can be shown, and the licence granted can always
be cancelled if the results of an inspection are unsatisfactory (section 130).
SWEDEN.—Definition. The Ordinance of 4 June 1884 laid down the
regulations applicable to emigrant ships. According to sections 15 and 16
of this enactment, every ship carrying more than 30 emigrants to a country
outside Europe is subject to these regulations.
Construction and equipment. The terms of the aforementioned Ordinance,
supplemented by the Ordinance of 23 December 1915, on the safe construction and fitting out of passenger ships in general, state with exactitude what
is the method of calculating the number of passengers, what mechanical
and other equipment is obligatory for these ships, what are the precautions
to be taken against accidents a t sea, etc.
Supervision.
An emigrant ship may not leave a Swedish port until it
has undergone various visits of inspection for the purposes of ascertaining
294
THE TRANSPORT OF EMIGRANTS
whether all the legal requirements have been observed, including the requisite
professional standing of the captain, the seaworthiness of his ship, its proper
equipment, sanitary arrangements, etc. The number of emigrants that
may be carried is calculated by the inspectors, and may not be exceeded.
The inspection is carried out by the port authorities, and a certificate is
issued after the inspection, if everything is in order.
The cost of inspection has to be borne by the shipowner (sections 18-26
and 45-46).
SWITZERLAND.—Construction and equipment. Transport by sea may
take place only on the ships of the company designated in the contract
concluded between the emigration undertaking and the emigrant. Such
ships must hold a licence for the transport of emigrants, and to this end
be so fitted out as to make it possible to separate the sexes. They must
undergo police inspection at the port of embarkation.
The space to which the emigrant is entitled for the use of himself, his
family, and his luggage, must be clearly stated. (Act of 22 March 1888,
sections 16 and 17.)
(b)
PROTECTION OF EMIGRANTS DURING T H E VOYAGE
The protective activities of the authorities in the countries of
emigration continue t o be exercised in regard t o the emigrants
during their voyage, the authorities acting either directly, by
means of administrative regulations, or entering into agreements
with other countries concerned in this matter. Action of three
different kinds can be distinguished.
In the first place come rules and regulations of various kinds
in regard t o the treatment of emigrants on board, directed
towards ensuring the greatest possible measure of welfare for
these persons. Merchant shipping or migration laws often
contain exact requirements as t o t h e stores which have t o be
carried (provisions, medicaments, disinfectants, etc.), b o t h by
quantity per head and by quality. These rules often vary
according t o the course of the ship (whether passing through
tropical or temperate regions) or according t o the passengers
carried, special diet having to be provided for young children,
nursing mothers, or the sick. Fairly often t h e number of meals,
with their composition, is stated exactly. Similar precautions
are taken t o ensure t o the emigrants t h e necessary exercise,
bed-clothes suitable to the climate of the regions passed through,
a n d t h a t the quarters occupied by t h e m shall be adequately
heated, or shall be kept below a given temperature. Further,
there are generally prohibitions against the carrying on emigrant
ships of dangerous or unhealthy cargoes, or sometimes of live
REGULATION OF TRANSPORT BY SEA
295
animals, unless their stalls are adequately separated from the
emigrant quarters.
On the other hand, there are sometimes certain constraints
imposed on the emigrants themselves by the authorities placed
over them. They are, for instance, not allowed t o consume
alcoholic liquors, t o smoke, or t o play games of chance, or are
obliged to remain during the d a y in some particular part of
the ship.
In the second place, supervision is exercised in regard to the
observance of the prescribed conditions. The supervision of
the treatment of emigrants on board is, however, taken with
various degrees of seriousness. Some countries consider t h a t
inspection at the port of embarkation of the arrangements made
for the voyage (checking of stores, etc.) is a sufficient guarantee,
being a t the same time very simply effected. Other countries
add subsequent inspections at the ports of call, in order t o make
sure t h a t further passengers are not taken on board, as their
presence would alter the allotment of space per head, and also
the proportionate adequacy of the stores carried.
Generally
it is the consuls who have t o carry out this supervision. Inspection is also carried out by t h e m when the embarkation of emigrants
of their nationality takes place from a foreign port.
I n order t h a t it may be known what treatment is received by
the emigrants, arrangements are also made for facilitating complaints by t h e m t o their national authorities, either by the entry
of such complaints in a special book, which has t o be kept on
board at their disposal, or by the forwarding of complaints
from the persons concerned by the consuls a t the ports of call or
disembarkation.
On the other hand, and particularly in certain countries with
large emigration, and from which the emigration by sea often
has t o take place by ships belonging t o foreign companies, it
has been« considered more satisfactory t o organise continual
supervision throughout the voyage. This supervision was at
first entrusted, as a subsidiary duty, to the ships' doctors specially
charged with the care of the emigrants (Denmark, Act of 1870).
Recent enactments require the appointment of special officials,
entitled emigration inspectors, travelling on the ship, whose
d u t y it is t o see t h a t the Emigration Acts are complied with
during the voyage, and t h a t the emigrants are properly treated.
296
THE TRANSPORT OF EMIGRANTS
However, these emigration inspectors are often (Spain and Italy)
selected from among thé naval medical officers so that they will
be able, in addition to exercising what has now become their
main function, to give medical attention to the emigrants.
The emigration inspectors, whether doctors or not, have to
settle, as far as possible, any disputes which may arise between
the emigrants and the ship's officers, and, in cases where their
intervention may have been insufficient, to forward to the
competent authorities of the country the complaints made by
the persons concerned. They usually have to draw up a report
as to the circumstances in which they have to take action.
The inspection of emigrants on board ship by their country
of origin having sometimes led to a number of inspections taking
place on a single ship carrying emigrants of various nationalities,
a draft international Convention was drawn up in May 1926 by
the International Labour Conference for the simplification of
this inspection; bilateral treaties have also been concluded on
this subject (see Volume III, Chapter VI).
A third method of protection during the voyage consists in
making rules in regard to the staff which the companies must
engage at their own expense for the special benefit of the
emigrants. This staff may be divided into medical staff,
interpreters, kitchen staff, and guides.
The medical staff for attendance on the emigrants often have
to be separate from the general medical services on board, both
on the outward voyage and on the return voyage, if the ship
is carrying returned emigrants. In addition to a doctor for the
emigrants, hospital attendants and nurses often have to be
carried, generally in a number proportionate to that of the emigrants under their care. Certain countries require foreign
companies holding licences for the transport of emigrants of
their nationality to engage medical staffs of the nationality
of the emigrants whenever the number of emigrants of the
nationality of the country in question reaches a certain figure,
or even whatever be the number of these emigrants.
Countries of emigration often require foreign transport undertakings which have obtained licences for the transport of emigrants
of their nationality to carry interpreters.
Special kitchen staff for the emigrants, proportionate to the
number of these passengers, and, in the case of certain countries,
REGULATION OF TRANSPORT B Y SEA
297
of t h e same nationality, sometimes have t o be engaged, together
with a sufficient number of cleaners for t h e quarters allotted t o
t h e emigrants.
Finally, t h e requirement is sometimes made t h a t guides, paid
b y t h e emigration undertaking or t h e transport company, should
be carried t o assist emigrants for whom the undertaking or t h e
company had accepted t h e responsibility during transhipment,
or in a n y other practical difficulties which t h e y m a y encounter
during t h e voyage.
I n setting forth the various national requirements concerning
protection on board, we shall classify t h e m under the following
s u b - d i v i s i o n s : treatment
on board, special staff for
emigrants,
and
supervision.
AUSTRALIAN MANDATED TERRITORY : New Guinea.-Special staff. Every ship licensed for the transport of more than 100 natives
must have on board one person capable of giving first aid to the injured or
sick. (Native Labour Ordinance, 1922-1925.)
Supervision.
Inspection must take place before departure of ships
permitted to carry native labourers, in order to ascertain whether the
stores and provisions carried, including drinking water and medicaments
reserved for the natives, are sufficient in quantity.
AUSTRIA.—Treatment on board. The Regulations regarding transport
companies of 27 J u n e 1921, sections 25 and 26, contain a list of requirements
in regard to sanitation, to the comfort of passengers, and to the stores and
provisions carried, with which emigrant ships must conform.
Special staff. On every ship carrying Austrian emigrants, the shipping
company must employ, a t its own expense, one interpreter speaking the
German language.
Supervision.
The same Regulations stipulate in section 29 that, in order
to make it possible for the representatives of the Austrian Government to
ascertain whether the requirements of the aforesaid Regulations are complied
with on board, t h e transport companies must give free passage every year
to three persons t o be appointed by t h e Austrian authorities, the choice of
the class by which these delegates travel and the choice of the ship being
left t o their discretion.
BELGIUM.—Treatment on board. The Regulations of 25 February
1924 contain, in sections 25 to 39, detailed requirements regarding the
provisions t o be carried, which provisions are t o be provided by the emigration undertaking but handed over to the captain (special diet for infants
and nursing mothers, strengthening wines for the sick, lemons for tropical
passages, etc.); also the daily rations t o be served out to t h e emigrants.
Special staff. Emigrant ships must have on board one capable cook per
100 emigrants (section 34). The medical staff on board must give free
attention t o t h e emigrants (section 29).
The Emigration Commissioner may also require that an interpreter with
a knowledge of the native language of the emigrants shall be carried
(section 15).
Supervision.
The inspection of provisions and stores is carried out by
the maritime inspection services a t the ports of embarkation and ports of
call. Further, the Government is empowered, if it considers proper, to
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THE TRANSPORT OF EMIGRANTS
send with every party of emigrants a special official, t o whom t h e company
has to give free passage in the first class (section 7).
CZECHOSLOVAKIA.—Special staff. Ships to be used to transport
Czechoslovak emigrants must have a doctor on board. . I n the parts of t h e
ship in which the emigrants are accommodated there must be a supervisor
who speaks both the Czech language and that spoken by the captain and
crew.
The transport broker has t o see to it t h a t all parties of emigrants who
are not specialty conducted are met a t the port of embarkation by his agents,
who may not leave the emigrants until the ship sails. These guides must
be provided with badges or other distinct signs and with official identity
papers. (Act of 15 February 1922, sections 25 and 31, and Ordinance
No. 170 of 8 June 1922, sections 34 and 36.)
Supervision.
The Czechoslovak representatives abroad, or the Emigration Commissioner where there is one, must be notified of the time of arrival
of the emigrants both a t the port of embarkation and t h a t of disembarkation ;
they have to see that the requirements concerning the equipment of the
emigrants' quarters and t h e provision of food for them have been complied
with. Further, on every ship carrying Czechoslovak emigrants a book
must be kept available to the emigrants in which they can enter any
complaints they may have to make regarding their treatment on board.
Extracts from t h e Czechoslovak Emigration Act and the regulations issued
under it must be displayed in a prominent place on the ship.
In addition, if required by the Minister of Social Welfare, the transport
undertaking licensed for the transport of emigrants is obliged to give
passage in one of the ships carrying emigrants, a t least twice a year, t o
an inspector appointed by the Ministry, whose duty it is to inspect the
application of the provisions of the Act and the administrative orders
issued under it. This inspector must receive free passage and maintenance
on the outward and return voyages from the transport undertaking, travelling
as a second-class passenger. If the ship does not return directly to the
port of departure, the transport undertaking has to pay the travelling and
maintenance expenses of the inspector back to this port. (Act previously
mentioned, sections 25 and 31.)
DENMARK.—Treatment on board. The Transport of Emigrants Act,
1 May 1868, the Regulations of 28 March 1870, the supplementary Act of
25 March 1872, and Orders No. 107 of 21 July 1899 and 145 of 9 September
1903 lay down carefully what provisions and stores have to be carried by
emigrant ships.
Special staff. If the ship carries no medical inspector, and if the captain
does not speak fluently either Danish or Swedish, a person who speaks
fluently one of these two languages, and who is appointed by the Chief of
Police, must be carried as interpreter. (Regulations of 28 March 1870,
sections 38, 40, and 47.)
Every emigrant ship may also be obliged by the police authorities to
engage, pay and maintain on board one trained nurse, whose services shall
be exclusively a t the disposal of the emigrants, under the supervision of
the ship's doctor. (Ordinance of 9 September 1903.)
Supervision.
An inspection is carried out a t the expense of the transport
company by two competent persons. The list of provisions and stores
taken on board is first presented to the police. After checking, the list is
certified as being in conformity and signed by the expert inspectors. The
police have power to reject any defective provisions on these being pointed
out. Further, t h e inspection of emigrants on board is entrusted t o a doctor,
who has to be set apart for the care of emigrants on every ship carrying
more than 50. I n addition to his medical duties, this doctor has to supervise
the observance of the requirements of the law included in the transport
contract, during t h e course of the voyage. He must make a n enquiry
REGULATION OF TRANSPORT B Y SEA
299
into any breaches reported to him or observed by himself, or else receive
complaints made by emigrants and report the result of his investigations
of the matter. If he considers a complaint to be well founded, he must
make application to the captain. He has also to see to it t h a t passengers
to a number in excess of the capacity of the ship are not taken on board
a t ports of call, and that additional provisions and stores are supplied when
additional passengers are embarked. Where a medical inspector is not
carried, another official may be embarked; he shall accompany the ship as
far as the last intermediary port of call, in order to carry out this particular
supervision.
If he cannot obtain from the captain proper compensation for loss or
damage suffered by an emigrant, the medical inspector must, on arrival,
report the matter to the Danish consul; he may take evidence on oath to
confirm the facts reported in his log.
If there is no medical inspector on board, the emigrants may appoint
from among their number one person to keep a log-book, to make notes
regarding the observance of the contract, and to report all observations
made to the Danish consul on arrival. (Regulations of 28 March 1870,
sections 38-40 and 47.)
GERMANY.—Treatment on board. According to the Emigration Act
of 9 June 1897, the emigration undertaking, together with the captain of
the ship, is responsible for the carrying of proper provisions and stores by
a ship conveying emigrants (section 33). In the schedule to the Regulations
of 14 March 1898, lists are given of the medicaments and provisions which
must be placed on board, as well as the quantities to be served out daily.
Special staff. According to the Regulations of 14 March 1898, ships
transporting emigrants must carry a medical practitioner approved by the
emigration authorities for attendance on the emigrants, together with one
or more medical attendants as the emigration authorities may think necessary
in relation to the number of emigrants carried. The same authorities may
require the engagement of a nurse (woman) for attendance on women and
girls (sections 30 and 31).
On ships carrying 100 emigrants there must be a t least one steward
(Aufwärter) or stewardess (AufWärterin) for the steerage; if there are at
least 50 women emigrants, a stewardess must be engaged; these stewards
or stewardesses shall have as their sole work the cleaning and disinfection
of the quarters occupied by emigrants (section 29).
An experienced cook who speaks German fluently must be engaged for
the special service of the emigrants; when their number exceeds 100, a
kitchen helper is to be added (section 25).
Supervision. Before a ship sails, inspection is carried out. by an official
appointed by the Government of the State in which the port is situated; in
particular, this inspection must be exercised in regard to the provisions
and stores placed on board (section 34).
G R E A T BRITAIN.—Treatment on board. The extracts from the
Merchant Shipping Act which are given under heading (a) of this chapter
contain certain provisions relating to the protection of emigrants during
the voyage. With the addition of the following regulations, which are
extracts of the instructions for the administration of the law, the requirements
are complete.
The master of every emigrant ship is bound to issue to the steerage
passengers during the voyage provisions and water in accordance with the
statutory dietary scale (Statutory Rules and Orders, 1908, No. 19), and the
necessary amount of provisions and water to secure these issues must be
placed on board the ship. I t is the duty of the Emigration Officer to satisfy
himself that the provisions and water which have to be placed on board for
steerage passengers are of good and wholesome quality and in a sweet and
good condition, and that the quantities are sufficient. Proposals to vary
300
THE TRANSPORT OF EMIGRANTS
this scale in special cases to suit foreigners must be submitted to the Board
of Trade. The tanks in which the water is to be carried must in all cases be
approved by the Emigration Officer. A proper supply of medical stores
must be carried on all emigrant ships, and the Emigration Officer must be
satisfied as to their quality and quantity. The ship cannot clear outwards
unless a medical practitioner inspects these stores and certifies to the
Emigration Officer that they are sufficient in quality and quantity, or, where
this is not possible, unless the Emigration Officer gives written permission
for the purpose. Two lists, including scales of medicines, medical stores
and instruments, have been prepared by the Board of Trade, one for emigrant
ships in the North Atlantic trade and another for all other emigrant ships.
{Instructions relating to Emigrant Ships, pages 29-32.)
Special staff. Every emigrant ship must be manned with an efficient
crew to the satisfaction of the Emigration Officer. Where there are on
board as many as 100 steerage passengers, there must be a seafaring person
appointed as steerage passengers' steward, and another as cook. If there
are more than 300 statute adults, there must be two cooks. The steward
and the cooks must be rated on the ship's articles and be approved by the
Emigration Officer.
Foreign emigrant ships in which as many as one-half of the steerage
passengers are British subjects must carry one interpreter when the number
of steerage passengers does not exceed 250, and, where it does, two interpreters, unless a t least three officers can speak English intelligibly. These
interpreters must attend exclusively on the steerage passengers and are
not to be employed on working the ship.
A duly authorised medical practitioner must be carried on an emigrant
ship when the number of steerage passengers exceeds 50, and also when
the total number of persons on board exceeds 300. (Instructions relating
to Emigrant Ships, pages 9-13.)
Colonies.—Treatment on board. The following British colonies include
in their laws minute regulations as to the accommodation provided for
emigrants on board ship, their food supply, their hospital supplies, etc. :
Mauritius, Proclamation, No. 14, 2 April 1925 ; Straits Settlements, Passenger
Steamer Rules, 1911.
In Hongkong, according to the Asiatic Emigration Ordinance, 1915
(Schedule 6, section 6), the master of every emigrant ship being a British
ship shall, during the whole of the intended voyage, make issue of provisions,
fuel, and water according to the prescribed scale and shall not make any
alteration, except for the manifest advantage of the emigrants, in respect
of space allotted them or the means of ventilation, and shall not ill-use
the emigrants or require them (except in case of necessity) to help in working
the vessel ; and shall issue medicines and medical comforts as shall be requisite
and shall call a t such ports as may be mentioned in the Emigration Officer's
clearing certificate for fresh water and other necessaries ; and shall carry the
emigrants without unnecessary delay to the destination to which they are
bound.
Special staff. In the Straits Settlements the Merchant Shipping Ordinance,
1926 (section 169), stipulates that every foreign-going passenger steamer
carrying 100 persons and upwards shall carry on board a duly qualified
medical practitioner.
Supervision.
I n Hongkong, according to the Asiatic Emigration Ordinance, 1915, after a notice has been given to the Emigration Officer t h a t the
ship is laid on for the conveyance of emigrants, he or any person duly
authorised by him may, at all times, enter and inspect the ship and the
fittings, provisions, and stores therein.
GREECE.—Treatment on board. The Act of 24 July 1920 provides
that regulations of the Ministry of the Interior are to determine the
arrangements to be made on emigration ships for feeding emigrants during
REGULATION OF TRANSPORT B Y SEA
301
the voyage. The deposit made by the emigration agent is intended to
guarantee the observance by the master of the ship of the legal requirements on this subject (section 24).
Supervision.
According to the same Act, section 10, a medical practitioner
with the rank of Emigration Commissioner must be carried on board every
ship having more than 25 emigrant passengers. He travels first class and
his board is paid for by the emigration agent. He must receive a fee of
10 drachmas x per day which is paid to him by the competent agent of the
emigration service before the ship sails. On every occasion on which he
is obliged to remain on land, he receives a supplementary allowance of
20 drachmas per day. He is responsible for the protection of the emigrants
and the carrying out of the legal requirements regarding emigration. He has
also to give medical attention to the sick.
INDIA.—Special staff. Ships carrying more than 100 native passengers
must have on board a medical officer to give professional services to these
persons. (Merchant Shipping Act, India, 1923, sections 184-188.)
Supervision.
Every ship carrying native passengers must be inspected
on its departure a t the expense of the owner or master; a certificate must
be granted by the officer of the Local Government to the effect that a sufficient quantity of provisions of the prescribed quality has been placed on
board (section 155). Further, ships carrying more than 100 native passengers from a port in British India to a port in the Red Sea or vice versa can
be subjected by the Local Government at the Indian port of departure
t o a special inspection. Those sailing to or from a port in the Red Sea shall
touch at Aden and shall not leave t h a t port without having obtained a
clean bill of health (section 184).
ITALY.-— Treatment on board. The Act No. 23 of 31 January 1901 and
the regulations for its application, as well as the Decree of 14 March 1909
determine the provisions and stores to be placed on board emigrant ships.
Supervision.
According to the text of the Act of 13 November 1919
(section 7), every ship carrying emigrants to a n overseas port must have
on board a Royal Commissioner appointed from among the medical officers
of the Royal Navy, whose duties as laid down in the terms of the Act are
to supervise the care of the sick and the observance of the enactments
regarding emigration. This Commissioner performs the same functions on the
return voyage, if the ship is sailing to a European port and carrying Italian
steerage passengers. If the Commissioner's duties come to an end outside
the Kingdom, for reasons depending on the free will of the transporting
company, the latter has to provide the Commissioner with the return passage.
The- Commissioners are paid from the Emigration Fund, to which the undertakings have to contribute their quota. They travel in the highest class
existing on board the ship.
According to the Regulations under date 1 July 1924, in which the
Minister of Foreign Affairs laid down the duties of the Royal Commissioners
on board emigrant ships, the Commissioner must be provided, in addition
to his cabin, with a comfortable office, to which the emigrants may have
access at any time, and the way to which is indicated in notices posted in
the parts of the ship frequented by them. The Commissioner must wear a
distinctive uniform or badge. The master of the ship must introduce him
not only to the persons with whom he may have to do on board ship, but
also to the employees of the shipping companies who may come on board
on business and to the emigration or immigration officials of foreign countries.
Notice boards are placed a t his disposal for the display of such communications as he may wish to make to the emigrants.
One drachma = 0-7d.
302
THE TRANSPOET OF EMIGRANTS
The Royal Commissioner must have in his office on board ship the text
of Italian and foreign enactments in regard t o emigration and t o t h e rights
and duties of emigrants in Italy and in the country of destination, as well
as a number of reports on t h e country of destination and on protective work
on behalf of emigrants abroad, etc. The list of publications is appended to
the aforesaid Regulations.
When required by circumstances, the General Commissioner for Emigration may provide the Royal Commissioner with a male or female assistant
for t h e whole or part of t h e voyage. Either a petty officer of t h e Navy or
a clerk in the Emigration Department or a nurse trained in its school may
be appointed t o this post. Such assistants receive second class passages.
On ships to which no Royal Commissioner is appointed, the ship's doctor
shall draw up a brief report as to the most striking incidents occurring on
the voyage, and this report is remitted a t the port of arrival to the Italian
inspector of emigration.
According to the Act of 1919, section 8 (d), regular inspection of emigrant
ships also takes place a t the ports of call and a t those of arrival, being
carried out by t h e emigration officials and those of the consulates.
NETHERLANDS.—Treatment on board. The Decree of 27 November
1865, amended under date 30 September 1869 and 21 July 1875, lays down
in sections 19 to 26 the treatment to be accorded to emigrants on board,
both in the matter of meals and service and of t h e rules t o which their
conduct on board ship has to conform. The Supervising Committee,
in consultation with the doctor, should there be one on board, shall determine what is required to be on board for the nourishment and care of t h e
sick.
Special staff. There shall be on board a t least one experienced cook t o
prepare the emigrants' meals (section 21).
The carrier shall provide a competent doctor on every vessel fitted out
for the conveyance of emigrants to any port east of the Cape of Good
Hope or west of Cape Horn ; the captain must follow bis advice in matters
relating to the health of the emigrants (section 18).
Supervision.
The provisions, after having been placed on board, shall
be examined and approved by the Supervising Committee (section 22).
During the voyage the provisions, before they are distributed, shall be
examined arid approved by the master and also by the doctor, should there
be one on board (section 21).
POLAND.—Treatment on board. Foreign companies must bind themselves t o accord to Polish emigrants the same treatment as to those of t h e
country whose flag their ships fly, and to conform to the requirements
regarding emigration of t h a t country, should these requirements be more
favourable to the emigrants than those contained in the Polish enactments.
The daily rations of food and allowances of washing water must be reported
to the Emigration Office, and notices giving this information posted in t h e
Polish language on the ship, together with the times of distribution of hot
water for making tea.
The company must hand to each emigrant a leaflet containing in Polish
all necessary information and instructions. (Model Licence for Maritime
Transport of Emigrants, 1925, section 18.)
Special staff. Among the officers and employees on board ship there must
be some person capable of acting as an interpreter and appointed t o act in
this capacity after examination into his capabilities by the Emigration
Office. Among the medical staff there must be a t least one person able t o
speak Polish.
Supervision.
According t o the Model Licence for Transport Undertakings, 1925, sections 20 and 21, the Polish consuls, or in certain cases
the emigration attachés or their deputies, or in other cases representatives
of the Emigration Office, have the right whenever they ask to do so to have
REGULATION OF TRANSPORT BY SEA
303
intercourse with Polish emigrants on board ship, to have access to their
quarters, to examine on the spot into complaints made by them, to act as
intermediaries between them and the ship's officers, and to ascertain whether
the accommodation, feeding, and general treatment of the emigrants on
board conform to the terms under which the licence has been granted.
A special representative of the Emigration Office may, a certain number
of times each year, be sent to accompany emigrants ; his outward and return
voyage, including his board, must be provided free of charge by the company
and he must have free access to the emigrant quarters at any time.
The number of voyages to be made on each of the lines is determined by
the licences granted (for North America 10 direct crossings first class, 12 on
the European line and 3 from the port of transhipment ; for South America
6 direct crossings first class and 6 second; 12 first-class passages to the port
of transhipment and 6 first class and 6 second class from the port of transhipment to the port of final destination, etc.).
PORTUGAL.—Treatment
on board. The Decree No. 12383 of
27 September 1926 contains requirements in regard to the stores to be
placed on board ships transporting emigrants, including provisions,
medicaments, etc.
Independent emigrants must receive the same treatment on these ships
as t h a t accorded to emigrants under contract.
Special staff. Portuguese ships intended for the transport of emigrants
must have on board a doctor and proper arrangements for the nursing and
treatment of the sick.
Every foreign ship which has to carry Portuguese emigrants must have
on board a Portuguese doctor, whenever it carries 25 or more Portuguese
emigrants, and one Portuguese hospital attendant or woman nurse, as well
as one steward or stewardess, for every 20-50 emigrants of one or the other
sex.
Ships not already having the special Portuguese staff required must make
use of persons specially entered on the books of the authorities of the port
of embarkation. Ships flying the Brazilian flag are, however, exempted
from those requirements.
The owners of foreign ships which are obliged to carry Portuguese medical
and hospital staff are responsible for the maintenance of these persons
during the outward and return voyage and for the payment of their wages
or salary until their return to Portugal. (Decree No. 10684 of 7 April 1925,
concerning assistance to emigrants on board foreign ships.)
Supervision. Before receiving their clearance papers, emigrant ships
have on each voyage to undergo inspection by the officials of the emigrant
services who are accompanied by the harbour master, a medical officer
of the Navy, and a customs official.
I t is the duty of the emigration officers to ensure t h a t the various conditions
imposed on emigrant ships as set forth in the Decrees, particularly in the
matter of the provisions placed on board, are observed.
On the other hand the regulations of 19 June 1919 (section 69) stipulate
that shipping companies having on any single ship more than 500 immigrants
are obliged to give a free outward and return passage to an official appointed
by the General Emigration Department. In this connection the agents of
the shipping companies have to make to the Commissioner-General for
Emigration a declaration as to the number of passengers to be carried
on the voyage, and he has then, within 48 hours after receiving the notice,
to state whether he considers it necessary to send an official.
Higher officials are given first-class passages, agents travelling second
class.
Colonies.—Treatment on board. According to the Decree of 14 October
1914, the master of the ship is responsible for the proper treatment of the
emigrants on board. Should a native die during the voyage, the ship's
304
THE TRANSPORT OF EMIGRANTS
doctor must give his word of honour whether the death is or is not due to
the treatment he has received on the ship and particularly to improper diet
or insufficient shelter while the ship was passing through a tropical region
(section 139).
The governor of each colony must issue appropriate regulations relating
to treatment on board ship of natives recruited for another colony, and
must in particular decide what provisions shall be placed on board for the
voyage, and the clothing, bed-clothing and other luggage which the natives
may bring on board (section 137). Every ship carrying native labourers
must be furnished with at least sufficient blankets to be able to serve out
two to each native. On arrival, these blankets must be disinfected. The
master of the ship can be fined for neglect to carry out these requirements.
According to the agreements concluded between Mozambique and the
St. Thomas and Principe Islands on 14 November 1925, labourers recruited
in Mozambique must be provided on the sea voyage with suitable and
sufficient food to compensate for the drop in the temperature during t h a t
part of the voyage in which the ship is sailing below latitude 22° (section 12).
Special staff. Recruited natives must be accompanied by a n interpreter,
to whom a third-class passage must be given. The interpreter may be
dispensed with if a t least two of the natives embarked speak the language
of the ship's nationality. (Decree of 14 October 1914, section 141.)
Supervision.
The Decree of 14 October 1914 stipulates t h a t the Government Commissioner must ensure the observance by the masters of ships
of the legal requirements concerning the welfare of emigrants (section 145).
Every ship carrying native passengers must give to the Curator-General
free passage in the first class for any voyage which he may desire to make
in order to ascertain for himself what treatment is accorded to the natives
(section 150).
According to the agreement concluded between Angola and the St. Thomas
and Principe Islands on 28 April 1926, natives of Angola engaged for work
in the island provinces must always be accompanied on the outward and
return voyage by an official, appointed respectively by the Governments of
Angola or of St. Thomas and Principe Islands ; the duty of this official will be to
supervise the treatment given to the natives on board, to make any necessary
complaints to the master and to present to the Government of the province
to which the natives are going a report on the events of the voyage. The
travelling expenses and salary of the person appointed as commissioner have
to be paid by the Government which has made the appointment (section 35).
Similar clauses are to be found in the agreement made between Mozambique and the St. Thomas and Principe Islands, dated 14 November 1925.
RUMANIA.—Treatment on board. According to the Regulations of
22 June 1925, ships carrying emigrants must conform, in the matter of the
provisions to be served out to the emigrants, with the requirements contained in the national legislation of the country in which the port of embarkation is situated.
One special legal requirement is, however, made in the Migration Act
of 11 April 1925, and that is that ships carrying Rumanian emigrants must
provide special accommodation for women and young girls travelling alone,
without extra charge (section 36).
Supervision.
When the number of Rumanian emigrants in a single
party exceeds 50, the Minister may appoint some person to accompany
them. The undertaking has to defray the cost of the first-class travelling
fare of this person and his board and lodging on both the outward and return
journey; such obligation cannot, however, be imposed twice in one year on
the same undertaking. (Act of 11 April 1925, section 34.)
RUSSIA.—Before each voyage the master of every ship must examine
the stores placed on board, with the quality and quantity of the provisions,
being assisted in this work by the ship's doctor, the latter official being
REGULATION OF TRANSPORT BY SEA
305
further required to examine the arrangements made for the treatment of
the sick and the medical stores.
Supervision.
When a ship anchors in a foreign port the master must
allow free access to the consul or his deputy, and give them the opportunity
of inspecting the provisions and medical stores placed on board, as well as
of examining the papers carried by the passengers. Before the ship sails
the master must inform the consul what is his next port of call and how
many passengers he will pick up there. (Decree No. 560 of 20 March 1924,
sections 43 and 48 and 236-253.)
S E R B - C R O A T - S L O V E N E KINGDOM.—Treatment on board. The
transport contracts given to emigrants must state what are the obligations
of the transport undertaking in the matter of the serving of meals to emigrants on board. (Act of 30 December 1921, section 21.)
The Regulations of the month of August 1022 and those of HI August 1924
set forth in detail the rations of food and allowances of drinking water t o
which each emigrant is entitled. Special diet must be provided for young
children and the sick.
Supervision.
The same Regulations require t h a t a book must be kept
available to the emigrants on the ship in which to enter any complaints
they may have to make against the licensed company (section 15).
Further, every ship carrying more than 50 emigrants to a port overseas
must give a free first-class passage with full board for the outward and
return voyage to an official of the Emigration Services, who shall have the
right during the voyage to inspect the accommodation and food provided
for the emigrants and to examine all the ship's papers. He must ensure
t h a t the emigrants are properly treated, that the sick receive proper attention and remedies, that special diet is served to the sick and young children
and, generally, t h a t all the classes of the contract are fulfilled. He keeps
a diary in which he enters any defects or omissions noted by him and any
action taken by him to rectify them. (Act of 30 December 1821, section ] 6,
and Regulations of 30 J u l y 1923, section 7.)
SPAIN.—Treatment on board. Sections 116-122 of the Emigration
Regulations of 20 December 1924 deal with the provisions and stores to be
placed for the use of the emigrants on board the ships which transport
them, as well as the daily rations to be issued; special mention is made of
foreign ships. The wine must be Spanish grown, the bread must be served
fresh, and the diet must include fresh meat five times per week; the bill of
fare must be varied daily. The Directorate-General of Emigration has the
right to determine in detail what provisions and stores shall be carried,
according to the quality and quantity.
Special staff. On foreign ships, whatever be the number of emigrants
carried, the company must maintain and pay a Spanish hospital staff
(doctor, male hospital attendant, and woman nurse) solely for attendance on
the Spanish emigrants. This obligation is not removed by the presence on
board of a doctor who speaks Spanish. Such ships must also engage a
Spanish cook. (Regulations of 20 December 1924, sections 122 and 131.)
Supervision.
No emigrant ship, whether Spanish or foreign, may leave a
Spanish port of embarkation before the provisions and stores placed on board
have been inspected on behalf of the Directorate-General of Emigration.
The master of the ship has, before the inspection takes place, to furnish an
iüTciitory of these. (Regulations of 20 Decern
Der 1924, sections 11 e and 117.)
1
Further, whatever may öe the numlM of emigrants embayed, the Directorate-General of Emigration has the right, up to six hours before the
departure of the ship, to appoint an Emigration Inspector to accompany a
ship licensed for the transport of emigrants; this inspector has the right
to a free passage with board in accordance with his rank, so far as possible
in the first class. He has to be given a return passage to Spain by the
company, either by the ship on which he has made the outward voyage or
21
306
THE TRANSPORT OF EMIGRANTS
by another. His salary is paid to him by the Directorate-General of Emigration a n d t h e amount debited to t h e shipping company concerned.
(Sections 49 and 52 of the consolidated text, 20 December 1924, and
section 126 of the Regulations under the same date.)
Generally speaking, t h e functions of supervision and of general assistance
to Spanish emigrants aTe entrusted to the doctor specially appointed for
attendance on them. On Spanish ships, the medical staffs of which come
under t h e general regulations concerning public health, it is t h e ship's
doctor who must exercise these functions. Nevertheless, the Emigration
Department has t h e right, if it thinks fit, t o order t h e embarkation of a
medical officer of the Emigration Service.
The Emigration Act makes it the binding duty of every doctor appointed
for the purpose of attendance on the emigrants to exercise, in the course of
the voyage, t h e same vigilance and offer t h e same assistance as would t h e
Emigration Inspector in the exercise of his office, and to present to the
Directorate-General of Emigration both on the outward and the return
voyage a report on the events occurring during the voyage in the thirdclass quarters, on the complaints made by these passengers (which complaints
he must enter in a register) and on the measures taken by the master of
the ship, and on the observance on the ship of the legal requirements regarding t h e protection of Spanish emigrants.
Very detailed instructions, under date of 6 February 1925, determine
the duties of these inspectors or medical inspectors as well as the method
of appointing them. No person may be appointed who has any sort of
business connection with a shipping company. The inspectors of the ports
are advised t o see that a medical inspector does not make two voyages
of inspection running on the same boat. (Circular of 18 February 1925.)
The medical inspector of an emigrant ship must embark a t the first port
a t which emigrants are taken on board, and, on the return journey, remain
on t h e ship until t h e last port to which returning emigrants are travelling.
(Instructions of 26 December 1925.)
SWEDEN.—Treatment on board. The Ordinance of 4 June 1884 contains
requirements concerning t h e supplies of medicaments and disinfectants
which must be placed on board for the use of emigrants, and also concerning
the provisions carried (sections 21 and 40).
Special staff. On every ship carrying more than 50 emigrants a doctor
must be engaged and paid by t h e shipowner or t h e emigration agent
(section 39).
Supervision.
The Inspection Committee which visits the ship before
its departure must be satisfied t h a t sufficient provisions and fresh water
have been placed on board in relation to the number of emigrants to be
carried and must grant a certificate to this effect (sections 21 and 22).
Within three days before t h e departure of the ship, t h e ship's doctor, or,
if the ship has none, a medical officer in the municipal service, must examine
the provisions made on the ship for the care of the sick, its medical stores, etc.,
and grant a certificate. The cost of this inspection must be defrayed by
the shipping company (section 40).
SWITZERLAND.—Treatment on board. According t o t h e Act of
22 March 1888, no emigrant shall be obliged to provide his own provisions
for the duration of the sea voyage ; food of good quality fully prepared must
be served to him (section 15).
Special staff. Every ship intended t o carry Swiss emigrants must have
a doctor on board. Further, each party of overseas emigrants which is
not accompanied by any agent or sub-agent of the emigration undertaking
must be met a t t h e stations a t which they have to change and a t t h e port
of embarkation by a representative of t h e undertaking. The person
accompanying the emigrants must remain with them until t h e ship sails
(section 16).
REGULATION OP LAND TRANSPORT
307
§ 2.—Regulation of Land T r a n s p o r t
The transport of emigrants b y land may constitute the whole
of the travelling necessary t o be undertaken in continental
emigration ; it m a y also be a fraction of the whole journey t o be
accomplished b y an overseas emigrant, t h a t is, the distance t o
be covered before reaching the port of embarkation.
I n contrast with the mass of detailed legislation, etc., regulating
transport b y sea, it should be noted how scanty is the amount
of official attention paid t o land travelling. I t is, however,
possible t o cite certain regulations regarding the organisation of
the collective transport of emigrants during land journeys, the
responsibility of the undertaking transporting t h e m in the m a t t e r
of providing t h e m with food, with sleeping quarters if the journey
is interrupted, and, in case of need, with medical attention (see
Chapter V I I , § 3, (d)); mention can also be made of certain reductions in railway fares sometimes granted t o emigrants either in
their own countries or in those through which t h e y have t o pass 1 .
The arrangements made in transit countries are dealt with in
Chapter X I I I . I n Chapter V I I , § 2, (e), mention has already
been made of certain requirements relating t o t h a t part of t h e
journey which has t o be undertaken b y t h e emigrant b y land
before embarkation.
The consideration given b y the International Conference on
Passports, and the Conference on Communications and Transit
t o various questions relating t o t h e transport of migrants, particularly in the matter of land travelling, will be treated in
Volume I I I of this study.
AUSTRIA.—See, in Chapter VII, § 3, (b), the requirements concerning
medical attention during the land journey, and in Chapter VI, § 5, the
special terms granted in certain cases for transport by rail.
BELGIUM.—The Order of 18 November 1924 allows a reduction of
50 per cent, on third-class railway fares in the following instances :
(1) to Belgian emigrants embarking at the port of Antwerp and having
to travel at least 50 kilometres by rail on proof of their being bona fide
emigrants, which proof is furnished by the possession of a passage ticket
1
It should further be noted that these reductions are very rarely the subject of legal
enactments. Most of them are only to be found in the fare lists of the railways, which is
the explanation of the fairly frequent variations to whioh tbey are subject, according to
the economic situation, the pressure of trame in certain directions, etc.
308
THE TRANSPORT OF EMIGRANTS
issued by a licensed agency and a declaration by the mayor or the commissioner of police of their place of origin ;
(2) t o Belgian emigrants returning from oversea countries t o t h e port
of Antwerp and having to travel a t least 50 kilometres by rail under the
same conditions of establishing bona fides ;
(3) to foreign emigrants in transit under the same conditions.
Children under four years are carried free of charge; quarter fares are
charged for children between four and ten years.
Adults have t h e right t o t h e transport of 100 kilos of luggage; children
paying one-quarter fares to 50 kilos.
GREAT BRITAIN.—Free railway tickets in Great Britain are granted
to "settlers" proceeding t o Australia whether "selected" by competent
authorities or "nominated" by responsible private persons in Australia, if
they live more than 40 miles from port of embarkation.
ITALY.—Section 36 of the Consolidated Act of 13 November 1919 establishes the right of emigrants travelling to destinations abroad by rail to
obtain employment to receive special reductions in railway fares.
The reductions a t present in force in accordance with the Act are as
follows : (1) reductions of 50 to 75 per cent, to the frontier and 40 to 60 per
cent, on the return journey on third-class fares for Italian workers going t o
take u p temporary employment abroad in a European country or on t h e
Mediterranean coast, if travelling on the outward journey in parties of a t
least five ; (2) the same reduction to workers travelling singly if in possession
of a permit, the fee for which is one lira, valid for a year for four journeys,
two outward and two return; (3) reduction of 40 to 60 per cent, to poor
Italian emigrants travelling to an overseas country in parties of a t least
ten. On the return journey they may travel singly *. (See COMMISSARIO
GENERALE DELL' EMIGRAZIONE : Manuale per Vistruzione degli Emigranti ;
Rome, 1925, pages 257-258.)
POLAND.—In t h e case of parties of emigrants, t h e journey by rail to
arrive a t the port of embarkation must be organised by the licensed shipping
company which is responsible. The route and travelling conditions are
determined by agreement with t h e Emigration Office, a n d t h e company
must appoint guides t o accompany t h e emigrants. (Model Licence for
Transport Undertakings, 1925, section 13 z .)
RUMANIA.—Undertakings licensed for the transport of emigrants
are obliged to provide accommodation, a t junction stations where they
have to change, for the emigrants and their luggage while awaiting departure,
this accommodation being under the care of special representatives who
have t o take charge of t h e emigrants, t o see t h a t they get into t h e right
train for their destination or for the port of embarkation, and t h a t their
luggage is also forwarded. (Regulations of 22 J u n e 1925, section 36.)
Workers who have obtained employment through a State Employment
Bureau, together with their families are granted a reduction of 50 per cent.
on the lowest class fares of the Rumanian State railways and river and sea
transport services, in order to reach their place of employment. (Employment Bureau Act, 22 September 1921, section 4.)
SWITZERLAND.—The companies organising the transport of emigrants
must provide for their accommodation on the railways in passenger carriages
properly shut, and in which every person can be seated. Access to the
1
New special railway fares for emigrants and returning emigrants (called Concession X)
came into force on 1 January 1927.
2
See also Supplement I.
INSURANCE OF EMIGRANTS AGAINST TRAVELLING RISKS
309
ordinary waiting rooms must be allowed to the emigrants as far as possible
in the stations where the train stops.
Unless the emigrant has made a special arrangement to provide his own
food and sleeping accommodation during the land journey, the company
arranging his transport must provide these. (Act of 22 March 1888,
sections 15 and 16.)
Swiss railway companies allow emigrants and returned emigrants travelling
in parties the same advantages as parties in general, t h a t is to say 10 per
cent, reduction per party of 20 to 60 persons, 20 per cent, for over 60 persons.
(Communication from the Federal Government to the International Labour
Office, 1921.)
§ 3.—Insurance of E m i g r a n t s against Travelling R i s k s
Measures of various kinds have been adopted with the object
of guaranteeing the migrant against travelling risks on sea and
land, both in regard t o his own person and t o his effects;
these cover measures relating t o the interruption of the journey,
the compulsory insurance of emigrants, medical attention, and
compensation for loss of luggage.
I n the m a t t e r of t h e liability devolving on t h e transport
undertaking in these various respects, a distinction must be
made between the responsibility which has t o be assumed by it
according t o law and t h a t which arises out of the conclusion
of a contract. I n the first case Acts and regulations concerning
emigration determine the extent of its liability, compel the
transport undertaking t o cover itself b y means of insurance
of a specific kind, fix the amount of compensation t o be paid
in the case of loss or damage t o property, and determine the
mode of settlement of any dispute which may arise. As t o the
contractual responsibility, this may exist in virtue of a clause
compulsorily inserted in the contract in conformity with the
law or in virtue of a clause voluntarily inserted by the contracting
parties. Only the clauses compulsorily inserted in the contract
will be dealt with here, since no definite statements can be made
regarding those arising out of voluntary contracts.
(a)
INSURANCE OF EMIGRANTS AGAINST ACCIDENTS
According t o the ordinary principles of law, the emigrant is
considered as a traveller ; as such he bears the consequences of all
the accidents occurring in the course of his journey, and can sue
for compensation in the same way as any other traveller. The
310
THE TRANSPORT OF EMIGRANTS
liability for accidents occurring in the course of the journey by
rail is generally borne by the land transport companies, and the
conditions under which these companies fulfil their legal and
contractual obligations are sufficiently satisfactory for the
generality of States to have refrained from requiring special
insurances to be effected in regard to this part of the journey.
Sometimes, however, an emigration agent is under the obligation
to insure the emigrant against accidents throughout the whole
of his journey, thus including that part accomplished on land.
The same is not the case with trans-oceanic sea voyages, where
the multiplicity of the laws which have to be complied with on
board ship, the high cost of litigation in foreign countries, the
danger of clauses exonerating the shipping company, the immensity of the total risks incurred, and the fact that it is open to the
shipping companies to abandon the ship to the insurers, or to
limit their liability, make any attempt by the emigrant to claim
compensation from the company which has transported him
a very precarious matter. This state of affairs has attracted the
attention of the Governments, and those of many States have
introduced compulsory insurance of emigrants by the shipping
companies against accident risks.
This insurance takes two forms. Sometimes the State
organises a regular system of insurance with fixed contributions
and benefits; sometimes it obliges emigration agents to take out
special insurances, or to accept risks, the extent of which is laid
down in the regulations in force in the country itself or in the
licensing agreements.
The multiplicity of these arrangements, and the uncertainty
at present prevailing on the subject of the risks incurred respectively by the shipping firms and by the passengers, have led the
International Maritime Committee to study the organisation of
the compulsory insurance of passengers at the expense of the
shipping companies against accidents at sea and to prepare a
draft international Convention, which is now under discussion
(see Volume III, Chapter VI).
CZECHOSLOVAKIA.—The individual or firm undertaking the
transport of emigrants must insure the head of a family or his representative
against accidents a t rates approved by the Ministry of Social Welfare, and
if possible through a Czechoslovak insurance company. The cost of the
premium must be defrayed by the emigrant and the contract must contain
a clause to this effect. (Emigration Act of 15 February 1922, section 23,
a n d Regulations of 8 J u n e 1922, section 24.)
INSURANCE OF EMIGRANTS AGAINST TRAVELLING RISKS
311
G R E A T BRITAIN.—By the Merchant Shipping Act, 1894 (section 335),
it is provided t h a t a policy of assurance in respect of steerage passage or
compensation money by any person made liable under the Act to provide
the passage or to pay the money, or in respect of any other risk, shall not
be invalid by reason of the nature of the risk or interest sought to be covered.
HUNGARY.—The Emigration Act of 1909 requires the agent to insure
the head of the family against accidents and his luggage against loss or
damage, in accordance with a scale approved by the Minister of the Interior.
The insurance must be effected through a Hungarian insurance company
(section 23).
INDIA.—Section 335 of the British Merchant Shipping Act of 1894,
concerning the optional insurance of steerage passengers, is stated in the
Indian Merchant Shipping Act of 1923, section 146, to be applicable to Indian
ships carrying steerage passengers.
LITHUANIA.—The transport contract must state the amount of the
premium for the insurance which the company is obliged to take out in the
name of the emigrant and the cost of which has to be repaid by the emigrant.
(Act of 18 July 1922. section 8.)
POLAND.—See Supplement I.
RUMANIA.—The transport undertaking or its representative is obliged
to insure the emigrant against all risks of accidents resulting from shipwreck,
fire, or collision, or against accidents which may arise on land between the
point of concentration and the port of embarkation, and at sea between
the port of embarkation and that of disembarkation. The transport contract
must explicitly state this obligation; the transport undertaking may not
make any additional charge to the fare fixed for the voyage on account of
the insurance premium. (Act of 11 April 1925, section 26, and Regulations
for the application of the Act, sections 36 and 37.)
SERB-CROAT-SLOVENE KINGDOM.—The transport contract must
state t h a t the emigrant is insured against the risk of accident and death
from the place where the company takes charge of him up to the port of
disembarkation, and must name the person authorised to receive the
insurance money in case of death. (Emigration Act of 30 December 1921
and Regulations of 30 July 1923, section 17.)
SPAIN.—By a Decree of 5 August 1920, the Superior Council of Emigration was authorised to pay insurance premiums against the risks of
death or total disablement as the result of shipwreck on behalf of Spanish
emigrants or immigrants.
An Order of 11 December 1920 issued by the Minister of Labour laid
down the conditions of this insurance as under :
The Official Insurance Committee, against the payment (made by the
Emigration Fund) of fixed insurance premiums, agrees to cover the risks
of death or permanent complete disablement of Spanish emigrants, provided
t h a t the death or disablement are the result of shipwreck, fire, collision,
or other accident a t sea.
The persons to be considered as Spanish emigrants are those defined in
section 2 of the Act of 21 December 1907 and supplementary enactments
(that is to say, Spanish subjects who leave Spain with a third-class ticket,
or a ticket for another class which the emigration council declares to be
equivalent, to a destination in America, Asia, or Oceania). Nevertheless,
such persons are not included in the insurance unless their names are entered
on a list as specified below.
Children under the age of 14 but over the age of 10 years are not insured
312
THE TRANSPORT OF EMIGRANTS
against the risk of death. Children under the age of 10 years are not
insured against any risk.
The insurance money is paid to the heirs-at-law in the following order :
(1) to the widow and children dependent on the victim ; (2) to orphan grandchildren dependent on the victim, in default of the preceding; (3) to the
father and mother if maintained by the deceased, in default of widow and
children; (4) grandparents maintained by the deceased in default of the
preceding ; (5) to brothers and sisters in the same position in default of the
preceding.
The sum insured in the case of each person is 3,000 pesetas 1 .
The insurance premium is provisionally fixed at one peseta for each
thousand pesetas assured, t h a t is to say, 3 pesetas per emigrant.
The insurance is collective for emigrants embarked at the same port and
on the same ship although their destinations may be different. A sine
quâ non condition is t h a t embarkation is made on a ship licensed for the
transport of emigrants in accordance with the Spanish laws.
A list of the emigrants insured is drawn up, containing the following
information : (1) Surname and Christian name; (2) Age; (3) Whether married
or single; (4) Commune and province of birth; (5) Transhipments to be
effected during the voyage and the ports where they are to be made ; (6) Date
and hour at which the insurance takes effect.
The Official Insurance Committee draws up and places at the disposal
of the Emigration Council a special collective insurance policy. Each list
of emigrants remitted to the Committee is considered as forming the subject
of an agreement, and it is t o this list t h a t the insurance applies.
The Official Insurance Committee accepts the risk from the moment of
departure of the ship up till its arrival at the port of destination.
In case of accident a t sea, the Emigration Council supplies to the Insurance
Committee the necessary information, declarations by the authorities,
consular reports, etc.
The Insurance Committee, after examination of the evidence furnished,
decides on the payment of the claims. This decision is communicated to
the Emigration Council within the period of 24 hours.
Payment is made to the Emigration Fund, which has to pay over the
sum to the persons benefiting. If payment is not granted by the Insurance
Committee, the Emigration Council reserves the right to collect fresh
evidence. If the difference is not settled, the question is submitted for
decision to the Council of Ministers.
The same Decree required that after the expiration of five years the
Emigration Council and the Official Insurance Committee should revise
their agreement, and t h a t such revision should take place every five years.
At the time of the revision in 1925, the system of insurance of emigrants
against accidents at sea was modified in such a manner as to constitute a real
social insurance, but the new system, although regularly introduced,
has not yet 2been put into force, so t h a t the system described above continues
in function . According to the Royal Ordinance of 21 October 1925, issued
in pursuance of section 70 of the Regulations under the Emigration Act
(20 December 1924), the insurance must henceforward cover risks of death
and complete permanent incapacity of overseas emigrants, resulting from
an accident a t sea or an accident on board ship for which the shipping
company is not t o blame, and also an illness contracted during the voyage.
The Directorate-General of Emigration undertakes the payment of the
claims and fixes the amount to be paid.
The following have the right to claim : (a) all emigrants over the age
of 7 years in case of total disablement ; (b) the heirs-at-law of emigrants over
1
One peseta = Sid.
Communication b y t h e Directorate-General of Emigration to t h e I n t e r n a t i o n a l L a b o u r
Office, 21 May 1927.
2
INSURANCE OF EMIGRANTS AGAINST TRAVELLING RISKS
313
the age of 10 years deceased in a n accident or during the 12 months which
follow it provided that the deceased has contributed to the support of such
persons.
The insurance money is paid to the heirs-at-law in the following order :
(1) to the husband or wife of the deceased, to his or her legitimate or acknowledged illegitimate children, to grandchildren having lost father or mother
and being brought up by him; (2) to his parents, whether according to the
law or having acknowledged parenthood; (3) to his grandparents; (4) in
default of the relationships so far enumerated, to relations or non-related
persons under the age of 17, being younger than the deceased and having
been maintained by him and having lived with him for at least five years,
at the time of the accident, in another capacity than t h a t of dom
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