Mr. Storer to Mr. Hay.

No. 134.]

Sir: I have the honor to transmit herewith one copy of the circular ordinance of the ministry of the interior of Hungary, dated April 13, 1904, with translation of the same.

Also one copy of the circular ordinance of the same ministry, dated April 18, 1904, with translation of the same.

Under separate cover by this day’s mail I have the honor to transmit three copies of the official German text—translated from the original Hungarian—of the law of Hungary on emigration, as passed March 11–14 last.a The verbal difference between the law thus passed and the law as placed before Parliament by the Hungarian Government, a full and (it is believed) faithful translation of which was made and transmitted to the Department on the 18th of May, 1903, are so slight that they may all, or nearly all, be accounted for by the fact that the present official version in German—made only after the bill has become a law—is not verbally the same with the only translations to be obtained in 1903, which were unofficial.

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It will be remembered that our translation was necessarily made from the last-mentioned German texts.

The differences in numbering the paragraphs which may be observed do not, I am assured, alter in airy way the meaning of the law, but only the order of the text.

An additional sentence is added at the end of former section 48, now numbered section 49. This provides only how certain penalties for technical infringements of details of the law are to be enforced.

It is hoped that the translation forwarded in 1903, with the explanation above given, may serve the purposes of the Department.

The law and the explanatory ordinances are to be read together to ascertain the practical working of this new policy of the Hungarian Government on the (to Hungary) vital subject of emigration.

I have the honor, etc.,

Bellamy Storer.
[Inclosure 1.]

circular ordinance.

No. 40000, 1904, of the royal Hungarian minister of the interior to the several local authorities, including those at Fiume, in the matter of the putting into effect and execution of Law IV of the year 1903 concerning emigration.

By virtue of authority given me in section 52 of Law IV of 1903 I put said law into effect on the 20th April of this year, and regarding its execution I issue the inclosed general “instruction,” which goes into effect simultaneously with the law.

On the occasion of issuing said general instruction I make the following remarks:

(1)
On the day the said law is put into effect, Law XXXVIII of 1881, concerning emigration agencies and all the ordinances issued hitherto regarding emigration, is repealed.
(2)
The detailed provisions of the law and of the instruction relating to its execution, which refer to the legal relations between the shipping concern and its employees, and the shipping concern and the emigrant, naturally relate chiefly to transoceanic emigration; the other provisions, however, apply to emigration in general, hence to continental emigration as well.
(3)
Besides the general “instruction” now issued, four special instructions will be issued in addition, in the interest of the execution of the law, to wit:
(a)
In conjunction with the minister of commerce, an instruction in the matter of the quality, safety, furnishing, equipment, and supplying with provisions, also the Government inspection and control of vessels; further, the medical inspection of the passengers and crew, the confinement of sick individuals, and, finally, the embarkation and the sanitary and moral protection of the emigrants.
(b)
An instruction in the matter of the housing and boarding of emigrants in Fiume.
(c)
An instruction in the matter of the right of persons, under liability to drafting and serving in accordance with the home defence law, to emigrate.
(d)
And, finally, an instruction as to the procedure regarding the obtaining and showing of passports, and the collection of statistical data concerning the emigrants.
(4)
By the authority given me in section 5 of the law, I further prohibit emigration to Brazil.
(5)
I issue, provisionally, the following orders:
(a)
The temporary concession granted under No. 112732/IIIa and date of November 24, 1903, to the Cunard Steamship Company to transport emigrants, remains in force until the granting of the final concession.
(b)
The representative (deputy) designated by the said company and the individuals intrusted with the making of transportation contracts and licensed [Page 72] by this ministry may continue their operations, conformably to the provisions in the inclosed “instruction” relative to agents (attorneys), until the agents designated in section 15 of the law, and approved by me, are employed. Measures have been taken simultaneously herewith to the effect that the transporting company, “Cunard,” within a fixed limit of time, without regard to the agents at present employed, is to nominate to me its agents (representatives) for the obtaining of the necessary approval, and provide the same with the prescribed registry books.
(c)
The transportation company, until further notice, is under obligations to transport emigrants as follows:
  • On ships of not more than 15 marine miles speed—
  • Individuals over 12 years, for 180 crowns;
  • Children from 1 to 12 years, for 90 crowns.
  • On ships of more than 15 marine miles speed—
  • Individuals over 12 years, for 200 crowns;
  • Children from 8 to 12 years, for 100 crowns;
and all children under 1 year, if traveling in the company of grown persons, free of charge on any vessel. It is further under obligation to house and board emigrants in Fiume for two days’ time without extra charge.
From emigrants who, owing to the overcrowding of the vessel, are transported from Fiume by rail to any other European port and thence by vessel to New York, for transportation and boarding by land and sea, all told, no higher charges can be collected than is fixed for the direct journey from Fiume to New York.
(d)
The books of the transportation company and its representatives (agents) to be kept according to section 23 of the law and sections 15 and 29 of the “instruction” must be submitted for authentication before May 20 of this present year to the minister of the interior, or to the authority designated in the last-cited section.
(6)
The company, or its deputy (representative), is under obligation to provide its agents with blanks, according to the form of a contract fixed in section 34 of the “instruction,” before May 20 of this year. After this date only blanks in conformity with said form may be used.
(7)
The issue of passports and the collection of statistical data regarding emigration, until the issue of special ordinances concerning the same, shall take place in accordance with the regulations existing hitherto.

I further make it the duty of all the executive authorities to follow with the most vigilant attention in their respective jurisdictions the matter of emigration and its every phase, to endeavor to ascertain the reason of emigrating, and to take steps in their several jurisdictions so far as it lies in their power toward the removal and remedying of national, economic, or moral evils and injury caused by emigration or traceable to it, especially to make reports to their superiors, but under all circumstances endeavor with good counsel and kindly explanation to dissuade emigrants from emigrating.

I further expect the various authorities, in case the causes of emigration are unsurmountable and in case emigration can not be prevented by legal means, and emigrants are not to be dissuaded from their intention by good counsel and enlightenment, to at least endeavor to the best of their knowledge and will to carry out the intention of the law, which is that the emigration take place in the manner and direction most in conformity to the interests of the State, and still more to those of the emigrants. Especially let the authorities know it to be their duty to render impossible the workings of the secret agents of unlicensed transportation companies, to search them out and severely punish them, and to control vigilantly the agents (representatives) of the licensed transportation concern, so that their action be kept strictly within the limits of the law and the inclosed “instruction,” and in no case develop into encouragement to emigration.


Tisza.
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[Inclosure 2.]

Ministry of Interior’s Order No. 40000/1904.

Instruction Concerning the Execution of Law IV of 1903, Regarding Emigration.

Chapter I.General provisions.

route.

Sec. 4. By the authority given me in section 6 of the law for the direction of transoceanic emigration the route via Fiume is laid down first of all, and a license for the transportation of emigrants has for the present been given only for this route.

Routes via other ports lying outside of Hungary will be designated only in case the emigrants can not be transported via Fiume. Such routes will always be designated in the license granted to the particular concern.

If anyone should intend to emigrate across the sea in a direction different from the designated route, he can not be prevented therein by forcible means, but in his own interest he must be warned that the Hungarian authorities have no means of affording emigrants such protection and assistance against the injuries and losses that may happen on that route as is assured to them on the designated route.


Tisza.
[Inclosure 3.]

Ordinance issued by the royal Hungarian minister of the interior No. 40000/1904.

Instruction Concerning the Execution of the Law G. A. IV: 1903 in Regard to Emigration.

Chapter I.General regulations.

the emigrant.

§ 1. From the point of view of the application of the law that person is to be considered an emigrant, according to § 1 of the law, who goes to a foreign country with the object of living there for an indefinite length of time.

The authorities shall determine whether really emigration is intended in individual cases, either from a declaration of the person concerned or from the existing circumstances.

Emigration may be presumed:

(a)
When one travels as a passenger of the 3rd class (steerage passenger) to an extra-European country.
(b)
When one travels to a European country, either as an industrial laborer hired on the basis of a regular contract or engaged as a house or farm laborer, or in any other position implying longer and indefinite time.

The following persons can not be considered as emigrants:

(1)
Those who travel to a foreign country not on account of business, but merely for amusement, for making studies, etc., even if the stay in foreign countries extends over a considerable time.
(2)
Those officials and workmen enumerated under (b), who are sent by home establishments and private firms to a foreign country for temporary work. Also those who go to a foreign country for the performance of temporary agricultural labor (harvesting, wood-cutting, digging, etc.).

restriction of emigration.

§2. According to §2 of this law the following restrictions in regard to emigration have been established:

(a) Those who on account of military laws are obliged to present themselves before the authorities or are subject to military service are allowed to emigrate [Page 74] only by the written permission of the respective competent authorities. Before the production of such a permission no passport can be obtained. (§4 of the law G. A. VI: 1889.)

As long as the competent authorities for granting such a permission are not appointed the regulations of G. A. VI: 1889 in this respect, as well as the instructions issued by the “Honved-Minister” for carrying out the same, are still in force.

(b) In the interest of penal justice those persons are not allowed to emigrate against whom a criminal process is going on for an act (crime, misdemeanor, or trespass) for which imprisonment is decreed. The proceedings are to be considered as pending in case of crime and of misdemeanor under the jurisdiction of the royal court of justice as soon as the first steps in investigations are taken; but in case of any other misdemeanor and in case of trespass from the day on which the trial is to be held as long as the same is not discontinued by a legal resolution or a legal sentence.

Further, those persons are not allowed to emigrate who have been lawfully sentenced—it may even be to a fine—for a crime, misdemeanor, or trespass as long as the imprisonment to which they were condemned has not been expiated and the fine has not been paid, or, in case the fine was transmitted into an arrest, as long as the latter has not been expiated.

Sentenced persons set free on special conditions are likewise not allowed to emigrate.

The discontinuance of the penal proceedings as well as the expiation or the annulment of the penalty by an act of pardon is to be proved on the part of the emigrant by a statement of the competent court, of the public prosecutor, or the government board, respectively.

In case of doubt that one of the preventing circumstances, as named on sec. (b) exists, the authorities make inquiries in this respect at the competent court or of the competent public prosecutor.

(c) Minors are only allowed to emigrate with the written consent of their father or guardian, which has to be certified by the authorities; males under 15 years, and minor females can—even when they can produce such a permission—only emigrate when they travel in the company of a reliable adult, and when their future is provided for at their place of destination. This regulation is important in the interests of the emigrants and their relatives, and is especially directed against the traffic in young girls, for which reason, the officials are bound to satisfy themselves in each single case as to the reliability of the accompanying person and to procure reliable information concerning the future of the minor emigrant at his new home.

(d) Parents who intend to leave their children, being under 15 years of age, at home will not be allowed to emigrate before they can prove that they have provided for the proper care of the same; this is to be ascertained, by proper information, at the time of issuing or delivering the passport.

Such care shall be considered as assured when for the maintenance of the person left behind a certain fund is provided which is deposited in a public institution; if the person has, from her own lawful occupation, a sufficient income, or if, finally, a relative or a friend of the emigrant assures the care of the person left behind.

The security for the maintenance is to be proved by means of a written declaration or an official protocol.

(e) Those are not allowed to emigrate who have not sufficient means to reach the place of destination, or who cannot comply with the conditions prescribed for immigration on the part of the country to which they intend to emigrate.

Information as to the amount necessary for the journey, as well as to the laws and regulations of certain foreign countries, issued with a view to regulate the immigration, will be given by the authorities in each single case.

(f) Those will not be allowed to emigrate to whom free passage in part or in full, or to whom an advancement of the costs of conveyance was promised, with a view of intended colonization, by the government of a foreign country, or by a colonization or similar association, or, finally, by a private person.

Should such a case come to the knowledge of the authorities the investigations and researches are to be begun at once, and an urgent report must be sent to the minister of the interior.

Finally, the emigration to such a state or country is not allowed to which the minister of interior forbids the emigration, on the base of §5 of this law, temporarily or for certain branches of labor.

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§3. According to §3 of the law every emigrant must supply himself with a passport, issued for the country to which he intends to emigrate, in order that the authorities may know already in advance from where and by whom emigration is intended, and if there exists no condition which prohibits emigration.

route to be pursued in emigrating.

§4. According to the power of attorney, granted in §6 of the law, the route via Fiume is fixed for trans-oceanic emigration for the present, and permission for conveyance of emigrants is only granted for this route until further notice.

Other routes via harbors lying outside of Hungary will be only allowed in case the emigrants can not be transported by way of Fiume. These routes will always be designated in the license to be granted to the contractor.

If a person intends to deviate from the designated route and to emigrate across the ocean by another way, he can not be prevented by compulsory measures, but in his own interest his attention is to be called to the fact that the Hungarian government officials are not in a position to warrant to emigrants such protection and such aid on occasions of damages or injuries which they may incur on their journey by this route as they would be able to lend them when emigrating by the route indicated.

§5. The police authorities, their officials as well as the gendarmery, are compelled to pay close attention to prevent persons to whom emigration is prohibited from emigrating, and to see that the emigrants are supplied with a passport according to the regulations of §3.

Those persons who intend to emigrate and in regard to whom the preventing circumstances, enumerated in §2, exist, or who have no passport, are to be prevented from crossing the frontier. Deserters are to be brought under an escort to the nearest military station-comando. Persons prosecuted on account of a crime or misdemeanor, or persons sentenced on account of such punishable deeds, are to be brought to the nearest public prosecutor or district court; and persons sentenced on account of a trespass are to be brought to the competent police authorities. The other persons have to be conveyed either at their own expense, or—if they have not sufficient means—with a passport prescribing the route to be followed or by compulsory conveyance of vagrants to their domicile. The railway or ship tickets are to be taken from them and to be submitted to the minister of the interior for further action.

§6. The minister of the interior provides such reliable data as are of interest to the emigrants regarding the busines, climatic, and any other conditions of the countries to which the Hungarian emigrant is directed.

The information of general interest, as well as the warning and prohibiting directions, will be published by the minister of the interior to the authorities by means of the official gazettes. Detailed information and descriptions regarding particular countries will be printed separately and forwarded to the authorities entrusted with the issuing of passports.

These descriptions are only to be delivered upon application by persons who intend to emigrate. The application, in which the country regarding which the information is desired must be designated, may be made on the occasion of the issuing of the passport or afterwards by letter or in person. The description is to be delivered if possible at the same time as the passport.

No charge is to be made for giving the above-mentioned description.

Chapter II.The contractor and his agents.

the contractor—principal conditions of transportation.

§7. He is to be considered as a transportation contractor, who by profession undertakes the conveyance of emigrants.

Undertakings for conveyance of emigrants can only be carried on with the permission of the minister of the interior.

He who conveys emigrants without a license, is, according to §46 of the law, to be punished with imprisonment up to two months and a fine of not more than

persons to whom licenses will be granted.

§8. Those persons to whom licenses for conveyance of emigrants will be granted are enumerated in §8 of the law.

The application for this license is to be addressed to the minister of the interior direct.

[Page 76]

The applicant has to show that he can comply with the terms required by §8 of the law.

To this effect the following enclosures have to accompany the application.

(a)
If the applicant is a Hungarian citizen:
(1)
A certified copy of the name of the firm; if a company applies for a license the application must contain the names of the responsible members of the company, or the members of the board of directors.
(2)
A legalized certificate proving the Hungarian citizenship of the proprietor of the firm, as well as of the above-mentioned member of the company and of the board of directors.
(3)
A certificate issued by the competent authorities as to the moral conduct and the reliability of the person stated therein.
(b)
When the applicant is a foreigner:
(1)
The firm’s name, and in case of a company the by-laws of the same in a certified Hungarian translation.
(2)
An official certificate as to the moral conduct and reliability of the proprietor of the firm, as well as of the responsible members of the company, or of the board of directors.
(3)
To name that person or home firm which will be entrusted with the representation; the requirements enumerated in subsection 1, 2, and 3 of heading (a) have also to be proved regarding the representative.
(4)
The binding declaration that the applicant subjects himself to the Hungarian laws and to the ordinances and instructions issued on the basis of these laws, as well as to the judgment and resolutions of the Hungarian courts and of the government boards regarding the conveyance of emigrants and the differences arising thereof.

Further both the home and the foreign applicant are obliged to name that country, parts of country, or places and seaports from which and to which he will convey emigrants.

When the applicant undertakes transoceanic transportation he has to show by means of a certificate how many ships he has at his disposal, what tonnage and what capacity for speed the same have, and how many passengers can be forwarded in each class. In addition, the plan and the detailed description of each single ship are to be enclosed.

Finally, the applicant has to enclose in his application a receipt, issued by the Royal Hungarian public exchequer, showing that he has deposited the security of at least 100,000 K, as prescribed by §9 of the law.

tenor of the transportation license,

§9. The license can be granted either for conveyance from the entire territory of the country (or for a part of the same only) to certain foreign countries, parts of countries or designated places, but for transoceanic conveyance it can be given for designated seaports only.

A document is to be issued as to the permission.

The permission for transportation on land is especially to be mentioned in the license when the transportation both on land and sea is undertaken by one and the same contractor.

Besides the prescribed stamp tax, a special tax, payable annually in favor of the emigration fund, is to be fixed in the license document. This tax is to be paid for the granting of the license.

§10. The license must contain the following details: The name of the concessionaire and of his representative, those countries, parts of countries, places, and seaports to which the permission refers; the period of time for which the license is valid; the amount of the security to be deposited by the contractor, and the amount of tax to be paid in favor of the emigration fund. Other conditions made in connection with the granting of the license, especially concerning the number of the ship’s voyages, the regulations as to the fares, etc., are to be stipulated in a special contract, which also has to contain the proper instructions regarding the return transport of emigrants at favorable conditions.

The grant of the license is to be published in the official gazette at that time at which the license document is delivered.

the rights and the duties of the transportation contractor.

§11. On the strength of the license the contractor is entitled to conclude within the limits of the law and this ordinance contracts for conveyance with [Page 77] emigrants (emigrating by their own tree will), and according to these contracts to issue ship tickets for the emigrants, to bring these tickets into circulation, and to sell these tickets as well as railway tickets, either direct or through his representative, to the emigrants.

Further, he is entitled to publish and to send out announcements concerning the time table, the board, and the fares.

It is prohibited, however, to publish or to send out to individuals any other invitation or description regarding emigration. It is also forbidden to the contractor or any of his agents to induce emigration, either by word of mouth or by letters, to encourage emigration or to solicit from door to door; to ask or to accept from the emigrants, besides the fares, any other fees or services, and to give them advances of money.

The contractor or the agents who acts contrary to these prohibitions will be punished in accordance with §44, section 1, of the law, with imprisonment of not more than two months and a fine of not more than K 600.

tariff of fares.

§12. The contractor is obliged to submit his tariff of fares to the minister of the interior for his approval. The tariff of fares is to be made out for each half year—i. e., from October 1 to March 31, and from April 1 to September 30.

The tariff for the next half year is to be submitted at least 6 weeks before it comes into force.

The approved tariff will be officially communicated to the authorities by the minister of the interior.

A certified copy of the tariff, as well as the publications regarding the timetable, the board, and accommodations, are to be placarded at the cost of the contractor in his office, in the office of his representative and agents, in the houses of emigrants, in the hotels and on the ships.

The publications concerning the time-tables, the board and accommodation are to be submitted to the minister of the interior for his approval.

The contractor who does not submit his tariff for approval or who charges higher fares than those stated in the tariff, will be punished, on the base of § 44, sec. 1 of the law, with imprisonment up to two months or to a fine of not more than 600 K.

security to be given by the head of a transport undertaking.

§13. The security is to be deposited by the contractor in cash, or in Hungarian government bonds, or in other Hungarian securities declared acceptable as business security by the minister of finances.

The security is to be deposited only once, if one and the same contractor applies for permission to be allowed to undertake the conveyance of emigrants both by land and sea.

The security deposited in cash is to be deposited conditionally at a financial institution which is chosen by the minister of the interior. The interest on the security deposited in the manner above described will be handed over to the contractor upon his application every six months “on demand”—the coupons of the securities and bonds on their maturing—on calculation by the bureau of accounts of the ministry of the interior and against a receipt from the contractor.

The security serves as guarantee for all obligations which the contractor has to fulfill in connection with the emigration business toward the authorities and private persons, as well as for fines and costs to which he may be condemned. The sum deducted from the security to be justified by the minister of the interior on the ground of a legal sentence of a court, or of the police authorities, a legal decision of the authorities, or a lawful arrangement.

The contractor is obliged to complete the security, in case the same be reduced by legal deductions, or in case the exchanges of the securities fall, by more than 20 per cent, within 15 days after the issuing of a demand for this purpose, or his concession is cancelled.

return of the security.

§14. If the license granted to the contractor becomes extinct from any cause the security has to be returned to him or to his lawful successors. The delivery can, however, only take place when the claims put in by the emigrants or their [Page 78] lawful successors or by the authorities against the contractor, his representative, or agent, have been satisfied.

The security may be returned at an earlier date if the lawful successor of the contractor undertakes to guarantee all obligations of his predecessor and offers explicit guarantee with his own security.

The security will be returned and delivered against receipt and return of the deposit receipt.

the management of the business of the transportation contractor.

§15. Besides the books and copy books, corresponding to the regulations of the commercial laws, the contractor is obliged to keep the following books and lists:

(a) The exhibit proctol, according, to Form I,a in which each application referring to emigration is to be entered according to time and order of arrival. Each year has to appear separately in this protocol.

(b) The genealogical register, according to Form II, which is to be kept separately for each year and according to the current number.

The contracts concluded with the emigrants have to be entered into the genealogical register according to current number and time of issue. The columns of this register have to be filled out exactly and truthfully in accordance with the data contained in the contract.

Supplementary columns for the use of the contractor may be added to the prescribed columns.

If members of a family travel with the head of the family they are to be entered in the register one after another, singly.

(c) The alphabetical register, according to Form III, which is likewise to be kept separate for each year.

(d) A register showing the names of emigrants to be forwarded by each single ship, according to Form IV.

This register is to be kept in two copies; one copy is to be delivered before the embarkation to the appointed official, the other to the master of the ship.

These registers are to be corrected after the embarkation actually took place. The emigrants who have not come on board are to be registered in the columns for remarks, and both copies to be signed by the appointed official and the ship’s master. One copy of the register, corrected in the above-described manner, is to be left with the official, the other is to be delivered by the ship’s master to the representative of the Austro-Hungarian consul at the port of debarkation.

Should the embarkation take place at a foreign port a copy of the register of names of the embarked persons is to be sent to the minister of the interior; the other, however, is to be handed over at the port of debarkation to the representative of the Austro-Hungarian consulate.

(e) A register, corresponding to Form V, of Hungarian citizens transported back across the ocean.

This list is to be delivered to the appointed official on the arrival of the ship at Fiume, but is to be sent, in case the debarkation takes place at a foreign port, to the minister of the interior.

(f) Finally the contractor is obliged to keep a separate register in which accidents to the ships, accidents, deaths, and births on board, are to be registered.

§16. The business books of the contractor and the genealogical register of the emigrants will be authenticated by the minister of the interior.

The business books, the copy book, and the correspondence are to be preserved during the time fixed by the commercial laws; the exhibit protocol, the genealogical register, and register of names of emigrants are to be kept five years after the last entry, and the other certificates and registers one year.

§17. The contractor is obliged to allow the officials of the minister of the interior, and of the governor of Fiume, as well as the police authorities, to supervise the management of the emigration business and to give them, when desired, an abstract of his books.

Upon instruction from the Royal Hungarian central bureau of statistics he is further obliged to give abstracts of his books for statistical purposes, and if necessary to allow that this office make itself the desired abstracts.

§ 18. The contractor who does not comply with the regulations issued in regard to the management of the business, commits an infringement, and will be punished on the base of §44 sec. 5 of the law with arrest of not more than two months and a fine of not more than 600 K.

[Page 79]

refusal or restriction of the license.

§ 19. The license granted to the contractor may be restricted or withdrawn in accordance with § 21 of the law.

the representative of the transportation contractor.

§ 20. With permission of the minister of the interior the contractor can carry on his business through a representative, and can establish a branch office, for which he must appoint a representative.

In the application for this permission he has to state the name of the representative; he has further to prove the Hungarian citizenship of same, to name the municipality or the municipalities to which he wishes to extend his activity, and finally to establsh that the prevening circumstances, enumerated in § 14, sec. (c) of the law, do not exist.

The representative can not enter upon his duties before the minister of the interior has given the permission and his approval in regard to the person of the representative.

He who employs no representative at his branch office, or who employs such one without the approval of the minister of the interior, and the representative who engages in business without permission or approval, is punishable, according to § 44 and § 46 of the law, with imprisonment up to two months and a fine of not more than 600 K.

§ 21. The representative represents the contractor with full legality and full responsibility towards the authorities and private persons.

The representative has the same rights and duties as the contractor.

The contractor is responsible, according to the civil law, for all actions of his representative concerning the emigration business.

If the representative infringes the prohibitions issued in regard to the contractor, he is responsible therefor as to his own person, and will be punished on account of these infringements on his part, on the basis of § 44 of the law, with imprisonment up to 2 months and a fine of not more than 600 K; but if the representative has committed, the infringement with the knowledge of the contractor, or has committed it only because the contractor has neglected the exercise of supervision incumbent upon him, both the representative as well as the contractor will be punished, according to the existing circumstances.

§ 22. The permission granted to the contractor for the employment of a representative and for the establishment of a branch office, as well as the approval as to the person of the representative may at any time be restriced or withdrawn by the minister of the interior.

authorized agents.

§ 23. The contractor can employ one or more authorized agents for mediation in concluding transportation contracts. For the appointment of such an agent the permission of the minister of the interior is, however, always required, and before this approval the agent cannot enter upon his duties.

That agent who engages in business without permission of the minister of the interior will be punished, in accordance with § 46 of the law, with imprisonment up to two months and a fine of not more than 600 K.

§ 24. He can only become an authorized agent who is a Hungarian citizen, who resides within the territory of the municipality, or within one of the municipalities, upon which he extends his activity, who is not under guardianship, trusteeship, or who is not declared bankrupt, against whom no criminal proceedings are pending, who is not sentenced to imprisonment, who was never condemned for a crime or offense committed for greediness of gain, or for an infringement of the regulations of G. A. XXXVIII: 1881, or against G. A. IV: 1903, and who never had troubles with the authorities as to his morality and reliability.

Officers of state and magistrates, and local officials and employees, as well as clergymen and school teachers cannot be agents.

§ 25. The sphere of action of the agent can only be extended over the territory of one or more designated municipalities.

The authorized agent who infringes this prohibition is to be considered as having no license, and such agent is liable to a punishment as prescribed by § 46 of the law.

[Page 80]

Each contractor can only employ one agent for one and the same territory.

§ 26. The contractor is responsible, according to the civil law, for all actions of his authorized agent concerning the emigration business.

The contractor can give to his agent only a salary, which is to be fixed previously, and which is to be paid for each month, or for a year; it is therefore forbidden to pay the same in proportion to the contracts concluded by him.

The contractor, or his representative, who violates this prohibition is punishable, in accordance with § 41, sec. 3 of the law, with imprisonment up to two months and a fine of not more than 600 K.

§ 27. The authorized agent is entitled to conclude transportation contracts, corresponding to the form issued by the ministry of the interior, with those persons who, by their own free will, intend to emigrate and who apply to him in this connection. It is forbidden, however, to conclude such a contract with persons who have no passport, and the agent who violates this prohibition will be punished with imprisonment of not more than two months and up to 600 K, in accordance with § 45 of this law.

§ 28. The agent can publish announcements referring to the time-tables, to board and fares, or can transmit the same to those who voluntarily apply to him.

It is forbidden, however, for the agent to publish or to send out to individuals any other invitation or description referring to emigration, except the above mentioned; it is further forbidden, either by word of mouth or by letter, to induce persons to emigrate, to encourage emigration, to solicit from door to door, to ask for or to accept from the emigrants any other payment or service except the fare, and to give advances to the emigrants.

This prohibition affects also every employee. The contractor is responsible, however, in every respect, according to the civil law, in case one of his employees should after all infringe this regulation.

The authorized agent is allowed to carry on his business in person only, and neither he himself nor the members of his family, relatives, or employees, are permitted to conclude business concerning conveyance of emigrants for another contractor or for his own account.

The agent who violates this prohibition and this regulation will be punished, according to §45 of the law, with imprisonment up to two months and a fine of not more than 600 K.

§29. The authorized agent is bound to keep bound books, which must be approved by the minister of the interior and correspond to the regulations of the laws of trade, to keep copy books for his correspondence, and to keep the business letters which he receives.

In addition to this, the agent is obliged, according to §15, to keep the exhibition protocol according to Form I, the genealogical register according to Form II, and the alphabetical register of names according to Form III; finally, he has to keep a list of the communications, prohibitions, and circulars received from the authorities.

The exhibition protocol, the genealogical register, and the register of names, to be kept by the agent, are to be legalized in counties by the vice-governor and in places with a regular magistrate by the mayor.

§30. The agent is obliged to submit every eight days, accompanied by a list, a third copy (free from stamp duty) of the contracts concluded by him to the vice-governor of that county or to the mayor of that municipal town in whose district the emigrant who has concluded the contract is residing.

§31. The agent who violates the regulations relative to the management of business will be punished, in accordance to § 45 of the law, with imprisonment up to two months and a fine of not more than 600 K.

The agent is bound, at any time, to give to the officials of the minister of the interior, as well as to the police authorities, any desired information as to the management of his business, and at their request to furnish these officials, as well as the royal Hungarian central bureau of statistics, with abstracts from his books.

§32. The minister of the interior can at any time restrict or entirely withdraw the license.

The permission granted to the agent is to be withdrawn: (a) If the agent does not comply with the requirements prescribed by § 24; (b) if events occur which show that the agent is not reliable in regard to the management of the business.

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Chapter III.Legal relations between the transportation contractor and the emigrant.

the contract.

§33. The contractor can only carry through the transportation of emigrants on the basis of a written contract concluded with them. The contract can only be concluded with emigrants who are in possession of a passport, and only for conveyance to that country and on that line to which and for which the conveyance was granted.

It is not allowed to conclude a transportation contract with persons who possess no passport, or with those who, according to § 2 of the law, are to be prevented from emigrating.

The contractor who violates this regulation will be punished, in accordance with § 44 of this law, with imprisonment up to two months and a fine of not more than 600 K. Besides this, the contractor who undertakes the transportation of persons who are not in possession of a passport, or such persons who, according to § 2 of the emigration law, are to be prevented from emigration, is obliged to transport these persons home free of charge.

§34. §26 of the law states in detail what data the contract has to contain. The contract is invalid if even only one of these clauses is missing in the contract, and the contractor is responsible, according to the civil law, for the damages which may result therefrom to the persons intending to emigrate.

§35. If the contract is also issued in the mother tongue of the emigrant, i. e., not in the Hungarian language, a contract blank is to be used on which the text, according to Form VI, has to be printed on the left side of the page in the Hungarian language, whereas on the right side a true translation of the Hungarian text in the mother tongue of the emigrant, as well as the corresponding columns, are to be printed.

§36. The contractor is obliged to take care for the printing of the contract formulas, and the true translation. The contractor has to provide the authorized agents with contract-forms.

§37. It is forbidden to use other contract forms than those prescribed by this instruction, or to act contrary to the regulations referring to their use; and in case of an infringment the contractor or his representative will be punished, according to sec. 5 of §44, and the agent, in accordance with §45, with imprisonment of not more than 2 months and a fine of not more than 600 K.

§38. The contract is to be filled out by the contractor, his representative, or his agent in an exact and legible manner, if necessary in the mother tongue of the emigrant (§35); those words which are superfluous in the concluded contract are to be stricken out.

In the first column of the first table are to be registered the full name (family and Christian name, as well as title) of the head of the family, or of the emigrant travelling alone, his age, place of residence (in case the latter is not a municipal town, also the county) and his occupation; whereas in the other columns the Christian names, the age of the members of the family as well as their relationship to the head of the family (wife, son, etc.).

The total sum of the charges to be paid by the emigrant is always to be written in words. The contract is to be signed by the contractor or his representative when it is concluded by the contractor himself, and by the agent when it is concluded by the latter, who has also to affix his stamp on it. The contract concluded and signed by the agent is in the same measure obligatory for the contractor as if he had concluded it himself.

The emigrant signs likewise the contract; in case he can not write, however, he has to make his mark close to his name. The text of the contract is to be explained in their mother tongue to those emigrants who can not write. This fact is to be mentioned especially in the contract.

§39. He who intends to emigrate and whose contract does not correspond with the requirements of the law and this instruction is to be prevented from emigrating, and so far as the lack in the contract can not be corrected at the place of departure, he has to be brought back to his place of residence at the expense of the contractor.

§40. The contract becomes valid for both parties as soon as the same is signed by the emigrant; and the latter is obliged to pay the fare fixed in the contract at least 24 hours before the embarkation. One copy of the contract is to be left with the emigrant after the conveyance has been carried through.

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the duties of the transportation contractor towards the emigrant.

§41. The duties of the contractor towards the emigrant are fixed by §27 of the law. According to this paragraph the contractor is obliged to convey the emigrant and the members of his family enumerated in the contract, as well as his luggage, to the place designated in the contract at the price fixed therein.

In one contract can only be included the head of the family, his wife and minor children, or his grandchildren.

The quantity of the luggage is to be ascertained according to its weight; for its transport, so far as it does not exceed the volume designated in the contract or the weight fixed in the railway tariff, no special charge can be asked for. The regular charges can be made for the luggage exceeding this volume or weight.

The tariff for the transportation by ship of the luggage which exceeds the fixed volume is to be submitted by the contractor to the minister of the interior for his approval.

If the contractor also undertakes the conveyance of emigrants by railway from the seaport, the contractor will be obliged to submit for inspection the power of attorney of the respective railway companies and their tariff of fares. All these fares have to appear separately in the respective columns of the contract. If the contractor takes charge of the emigrant’s money he has to give a special receipt, and to return the sum delivered to him in its full value, according to the rate of exchange, in the currency in force at the place of arrival.

§42. During the voyage by sea the contractor is obliged at all times to provide the emigrants with suitable board and accommodation, the price of which is included in that of the ship ticket.

This obligation lasts from the moment of the emigrant’s going on board of the ship until his landing. The requirements for board and accommodation, and the control thereof, will be fixed on the basis of §34 of the law, by a special instruction published in agreement with the minister of commerce.

If the contractor undertakes the conveyance on the Continent, he is likewise obliged to provide suitable board and lodging for the emigrants, in case they do not wish to do so for themselves.

The charges for boarding and lodging on land can be collected according to a fixed tariff. This tariff, showing the quality and quantity of the provisions, as well as the mode of accommodation, has to be submitted to the minister of the interior for his approval.

If a group of more than 25 emigrants is to be conveyed by railway the contractor is under obligation to send an experienced guide with them.

§ 43. In case the emigrant falls ill during the voyage the contractor is obliged to provide medical treatment free of charge, and also to provide him with medicines free of charge, and in case of death to provide for his burial.

§ 44. The contractor is obliged to insure the luggage of the emigrant against loss or damages; and the emigrating head of a family—he may travel with his family or without—against accident.

The insurance is to be paid by the emigrant, for which reason the insurance fees may be charged him separately; with a view to the control, however, the contractor is obliged to submit the insurance tariff to the minister of the interior for approval, at the same time naming the insurance company and stating the conditions of insurance.

The policy for the luggage insurance has to be delivered to the emigrant, whereas the policy for the insurance against accident is to be kept by the contractor, and in case an accident should have occurred it is to be delivered to the person entitled to receive it.

§ 45. The contractor is obliged to transport the emigrant at the time stated in the contract.

The emigrant is obliged to arrive at the harbor of embarkation at least 36 hours before the sailing of the ship. If he arrives later, and therefore can not be brought on board of the ship on account of the non-accomplishment of the official measures, he loses his claim to indemnification and, unless he withdraws himself from the contract, in which case he can only claim three-fourths without extra charge until the departure of the next ship.

If the emigrant informs the contractor or his agent eight days before the day of sailing, named in the contract, he is entitled to postpone his journey without extra charge until the departure of the next ship.

In case the ship sails after the fixed time, or if the emigrant can not be taken on board of the ship on account of the overcrowding of the same, the [Page 83] contractor is obliged to lodge and board him without any extra charge during the time of the delay or during the interval till the sailing of the next ship.

The contractor has the same obligation, in case the passage is interrupted on account of any unavoidable hindrance, in which case the contractor is bound to cause the further conveyance of the emigrant and his luggage after the removal of the hindrance for the price fixed in the contract on the same ship, or if the same could not continue the voyage then by the next suitable ship.

In the latter case the contractor is fully responsible for the conveyance on the other ship.

Except in the case of “vis major” it is not allowed to bring the emigrant on board of any other ship.

If the delay in sailing from the harbor of embarkation or in continuing the passage lasts longer than a week, it is dependent upon the emigrant’s choice either to make the passage according to the stipulations of the contract, or to continue the passage or to cancel the said contract.

In both cases he is entitled to claim the damages (deprivation of earnings and traveling expenses) he incurred in consequence of the delay, according to the general regulations of the law.

It is forbidden to make arrangements for the emigrant’s paying off the fares either by work during the passage or, in full or in part, after the arrival at the place of destination. It is further forbidden to restrict the emigrant’s free choice as to his place of residence or his profession.

The infringement of this prohibition, as well as the violation of the obligations contained in § 27 of the law, are to be punished, according to sec. 4 of § 44 of the law, by confinement up to two months or a fine up to 600 K.

§ 47. In the following cases the emigrant can withdraw himself from the contract and demand the return of the full fare previously paid:

(a)
If the departure does not take place within a week after the fixed time.
(b)
If the emigrant, or any one of the members of his family accompanying him, should die before sailing, or is prevented from sailing by sickness or any other circumstance beyond his control.

If the emigrant withdraws himself from the contract for any other than the above-mentioned reasons, he can only claim the return of three-fourths of the fare.

Arrangements contradictory to these regulations are invalid.

equipment of the ships and inspection of the same.

§ 48. Both the contractor and the captain of the ship are obliged to provide that the ship destined for transoceanic conveyance be perfectly fit for the intended voyage, fitted out as prescribed, equipped, and supplied with provisions.

According to § 34 of the law, the use of such ships only is allowed for transoceanic conveyance as make voyages to extra-European harbors, and which transport 25 steerage passengers (3rd class) at least, and by their qualities and safety are suitable for sea voyages.

§ 49. The quality of the ships intended for the conveyance of emigrants, their safety, their equipment and accommodations, their supply of provisions, the inspection and control of the same by the authorities; further, the medical examination of the travelers and crew, the prohibition of sick people to embark; finally, the embarkation and the sanitary and moral protection of the emigrants is, according to § 34 of the law, the subject of a special decree issued in agreement with the minister of commerce.

§ 50. The commission upon whose jurisdiction the inspection of the vessels devolves has to forbid the use of such ships as emigrant vessels which do not correspond to the prescribed requirements, and in case of need, to hinder the embarkation of emigrants by assistance of the frontier police.

§ 51. If the contractor or the ship’s master does not comply with the regulations concerning the ships contained in § 32 and 34 of the law, or with the ordinances issued in connection therewith, or does not conform with these regulations 24 hours before going to sea, he will be punished, on the basis of § 44 of the law, with arrest up to two months or a fine up to 600 K., even if he should commit these omissions and violations of the prescriptions in a foreign country.

If the ship is found unfit for conveyance of emigrants, the emigrants will be brought to their places of residence or to their places of destination at the expense of the contractor. In this case the emigrants have the right to withdraw from the contract. The amount paid has to be returned to them.

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complaints and the settlement of same.

§ 52. The emigrants can make complaints against the contractor or his agent, respectively, the representative, the master of the ship, or against those persons being in charge of the accommodation arrangements, for nonfulfilment of their duties, as prescribed by the law and by the ordinances, or for abuses committed by them:

(1)
To the head of village, the supreme judge, or the captain of police.
(2)
At Fiume to the police authorities and to the authorities of the Royal Government.
(3)
In foreign countries to the Austro-Hungarian consulates.

The complaints can be submitted either by letter or in person; in the latter case the minutes have to be drawn up.

The complaints can be entered into the protocol of complaints, either by the emigrant himself or, if he can not write, by any other person.

The authorities have to settle cases of complaints at once, as far as the same fall within their jurisdiction. If the authorities are not competent, they have to refer the complaint to the authority within whose jurisdiction the same falls.

* * * * * * *

duties of the other government boards relative to emigration.

§ 62. In general the executive authorities are obliged to follow the matter of emigration within their jurisdiction with vigilance; to ascertain the reasons of emigration and to find out the means which would put an end to or restrict the same; to take measures in their several jurisdictions toward the removal or the moderation of national, economical, moral, and other evils caused by emigration, or to call the attention of the superior or subordinate authorities to the necessary measures.

§ 63. It is the duty of the highest officer of the municipal town to examine the contracts forwarded to him by the contractor, his representative or agent, in accordance with § 26 of the law, as to their being in accordance with the requirements of the law and this instruction. In case of irregularity he has to take the necessary steps.

After examination as above prescribed the contracts are sent, in places with regularly appointed magistrates, by the vice-governor of the comitat to the chief of police, as well as, through the superior presiding judge, to the heads of municipalities; by the mayor of municipal towns to the chief of police, and by the mayor of the capital to the chief of the royal government police.

§ 64. Duties of the police authorities of first instance:

(a) To hinder such persons who possess no passport, or who are not allowed to emigrate on account of a reason stated by law, or by § 2 of this instruction, from emigrating.

For this purpose they are especially obliged to superintend continuously the railway lines and means of communications passing places lying on the frontier, and passing through centres of traffic as well as through neighboring municipalities, to force persons under suspicion of intending to emigrate to prove their identity and to arrest those who possess no passport or who are in trouble with the police.

(b) To punish persons who incite others to emigrate, and to find out and to punish the agents of contractors who are prohibited to undertake transports of emigrants, and to act according to §§ 46–48 of the law and §§ 67–70 of this instruction relative to letters, printed matter, and ship tickets sent out by them.

(c) To control the actions of licensed contractors from time to time or in cases of complaints to examine the management of the business and the books; to issue instructions for settlement of complaints on the basis of the civil law, and to take measures against those persons who violate the regulations.

(d) To make reports on important cases, and on such cases as require the action of the superior authorities.

(e) To examine the contracts submitted to them by the highest officer of the municipal town, in compliance to § 63, from their own point of view, and to open proceedings in case of suspected violation of the regulations; besides this the superior presiding judge (Oberstuhlrichter) has to refer the contracts to the competent head of the municipality, and to keep an eye upon his actions in emigration matters.

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The chief of police of municipal towns, as well as of places with regularly appointed magistrates, finally the chief of the royal government police of the metropolis must, besides the duties contained in these paragraphs, also comply with the obligations as prescribed by sec. (a), (d), and (e) of § 65.

§ 65. The head of a municipality:

(a)
It is his duty, when application for a passport is made, to ascertain from the statements of the applicant, or from those of other persons examined for this purpose, and after having taken into consideration the circumstances as to whether an intention to emigrate exists, and if this be the case, whether the same is not contradictory to one of the reasons disallowing the same as specified in the law or in this instruction; that is to say, whether the requirements prescribed by them have been complied with.
(b)
He has, at once, to report to the superior presiding judge if he learns, or if he suspects, that a member of the municipality entices anyone to emigrate, or intervenes in cases of emigration.
(c)
He has to follow the same course when he learns that a member of his municipality intends to emigrate without a passport.
(d)
He has to give information to emigrants both regarding the obtaining of passports as well as any other matter.
(e)
He has carefully to take charge of the contracts delivered to him.

A special ordinance will regulate the duties of the heads of municipalities as to the conducting of registers relative to emigrants, as well as to the furnishing of statistical data.

Chapter VI.—Criminal procedure.

§ 66. The criminal procedure, on account of infringement of the regulations fixed by the law and by this instruction, or on account of nonperformance of same, will be fixed in § 44–48 of the law.

The criminal procedure will be prescribed individually, in so far as the same refers to the contractor, his representative, the master of the vessel, and the agent.

Besides this, anyone who incites to emigration at a public meeting by speeches or by distribution or exhibition of printed matter or pamphlets commits an infringement of law, and is to be punished with arrest of not more than two months and by a fine of not more than 600 K. In accordance with § 48 of the law anyone is guilty of a misdemeanor and is to be punished likewise with arrest up to two months and a fine up to 600 K, who publishes by means of the press announcements and notices relating to emigration, contractors and their agents as have no license from the minister of the interior.

§ 67. The Government authorities referred to in § 49 shall have police jurisdiction in cases relating to emigration, in so far as the infringements were not committed by means of the press.

When the infringements determined by the law are committed by means of the press or by printed books notice is to be given to the competent royal office of the public prosecutor.

The Government authorities have to judge the infringements coming under their jurisdiction in accordance with the regulations concerning the police penal court.

The following upon such infringements have to be begun at once and have to be settled as soon as possible:

§ 68. The letters and ship tickets sent out by home or foreign managers of transportation establishments, their representatives, or agents, who have no license shall be seized and confiscated in each single case as “corpora delicti.”

The publications and printed matter sent from foreign countries by foreign managers, as well as their representatives and agents, having no license shall be confiscated by the police authorities if it is not possible to prosecute the persons responsible therefor on account of their residing abroad or any other reason. The publications and printed matter confiscated in this way have to be forwarded without delay, for obtaining the consent for confiscation and destruction, to the office of the public prosecutor in whose district the confiscation was effected.

If the infringement by means of the press or by printed matter was committed by a subject of this country, or a foreigner residing in this country, and therefore the press criminal proceedings can be entered upon against a certain person responsible according to the press laws, the matter has to be referred [Page 86] to the royal office of public prosecutor within whose district the printed matter” of the publication in question has been distributed, for obtaining the consent of confiscation of the printed matter or the publication which formed the subject of the infringement, as well as for the purpose of entering upon the prosecution.

In case the interfering police authorities have learned, however, that the printed matter in question has already been confiscated by another authority, or that the royal office of public prosecutor has already been asked to take the necessary steps as to the confiscation and the opening of the proceedings, then they need not forward the printed matter to their own competent office of public prosecutor, or to refer the case to the same, but to that office which is the competent one relative to the territory for the other authorities (which have previously seized the printed matter).

§ 69. It is a strict duty of the police authorities to act on occasions of confiscations and seizures with the greatest care and discretion, and in such a manner that these measures do not degenerate into a molestation or into an unauthorized violation of the secrecy of letters.

It is therefore the duty of the police authorities in suspicious cases, when it is supposed that the letter contains prohibited proclamations, printed matter, or ship tickets, to convince themselves that their suspicion is a reasonable one. The suspicion is a reasonable one if the letter is stamped with the stamp or the imprint of a known contractor, agent, or representative having no license; if the letter externally bears no such a mark but has been posted at a place, municipality, or port from which emigrants are conveyed to transoceanic countries, or where managers, agents, and representatives engaged in emigration business are residing, or when the letters are addressed to persons who are suspected of intending to emigrate, or are addressed to such persons from whom it is not supposed on account of their occupation and their standard of education that they have a regular correspondence, and that therefore the correspondence can only be intended to incite and to encourage to emigration.

If the police authorities have sufficient proofs or facts on hand that a closed cover contains forbidden publications, printed matter, or ship tickets, they shall seize the same, in case it was not yet delivered to the addressee, at the post-office, and if such delivery has been made, at the house of the addressee.

The letter delivered to the authorities by the post-office, as well as the letter seized at the addressee’s house, is to be opened in the presence of the addressee, and in case he be not at home, in presence of one of the adult members of his family. Minutes have to be drawn up regarding this proceeding.

In case the letter or the inclosure should not contain argumentative proofs of an infringement of this law or another punishable action, the same shall be returned to the addressee, which fact must be established by statement of date and place at which the letter is posted.

In general the regulations of the instruction No. 130,000/99 b., issued on occasion of the passing into law of the criminal procedure, are to be followed in the carrying out of the seizure.


Tisza.
  1. Not printed.
  2. Forms not printed.