"The grounds on which it is proposed, are simply those which this country has always maintained, and has every right to maintain, namely, that of self-protection."APPENDIX A.SOME OBSOLETE ALIEN ACTS.[38]STATUTES OF RICHARD II.In 1390, by a statute of Richard II., it was declared "That no alien person should trade without proof given that he would expend half the value of his merchandise in other merchandise here."In 1392, after stating that the Free Trade Acts of Edward III. were a great hindrance and damage to cities of the realm, it was declared that "no foreign merchant shall sell or buy within the realm to any other foreign merchant to sell again. That no foreign merchant should sell at retail within the realm, except provisions, and as to some provisions only in large quantities."ACT OF HENRY IV.This Act was followed in 1402 (Henry IV.), by provisions forbidding any carrying of the proceeds of such trade out of the country, except in the shape of other merchandise bought in exchange.ACT OF HENRY VI.re"HOSTS."By an Act of 1439 (Henry VI., not repealed until this century), it was enacted, "That all alien merchants shall be under the survey of certain persons, to be called Hosts or surveyors, to be appointed by the mayors of the several cities, and to be good and creditable natives expert in merchandise; such Hosts to be privy to all sales and contracts of the aliens. Aliens to sell all their merchandise within six months on paying a forfeiture. The Hosts to keep books only to register all contracts, etc., of aliens, and deliver a transcript thereto to the Exchequer. The Hosts to have two shillings in the pound on all such contracts, and to be sworn to be faithful, and any alien refusing to submit to these regulations, to be imprisoned until security be given to comply with them."ACT OF RICHARD III.In 1543, in the reign of Richard III., it was enacted—"That no person not born under the King's obeysance shall exercise or occupy any handicraft, or the occupation of any handicraftsman, in this realm of England; and shall (after date then fixed) depart into their own country again; or else be servants of such of the King's subjects only as be expert and cunning in such feats, wits, and crafts, which the said stranger can occupy."PROCLAMATION HENRY VII. EXPULSION OF SCOTS.In the reign of Henry VII. 1491, when the death of James III. of Scotland had strained the relations between the two kingdoms, an Act was passed simply in these words—"All Scots, not made denizens, shall depart this realm withinforty days after proclamation, upon paying a forfeiture of all their goods."MARY I. EXPULSION OF THE FRENCH.In the reign of Queen Mary there is a Statute against the French, which also directed their departure from the realm, and based it by the preamble not only on political grounds, but because the influx of such strangers tended to the diminishing of subjects of the realm, and the treasury of the sovereign.ELIZABETH.By simple proclamation Elizabeth expelled the Scots.ALIEN ACTS OF THE GEORGIAN ERA.Provisions as to aliens in the Georgian and Victorian eras are of three kinds—(a) War Alien Acts; (b) Peace Alien Acts; (c) Registration Acts. The Alien Acts contain regulations for expulsion of aliens, if the State requires it. In war time it is more stringent. All these Acts contain provisions as to registration. The history of these Acts briefly is as follows:—In 1793 (the French Revolution) first Alien Act, which being of a stringent character became the model. War Alien Act; this continued with amendments until the Peace of Amiens, 1802. Then for a year there was a Peace Alien Act, followed in the following year by a War Alien Act, when the Peninsular War began. With the French Restoration there was in 1814 a Peace Alien Act, followed again in the year ensuing by a War Alien Act, with the temporary restoration of the French Empire, and again by a Peace Alien Act, when the power of Napoleon was finally crushed. This last Statute was renewed by biennial Continuance Acts,until in 1826 expulsion clauses were entirely removed, and registration only remained.CHARTIST ACT, 1848.The registration was modified by the Alien Act of William IV. in 1836, and the only interruption to its course has been the Chartist Act of 1848, which was an Expulsion Act, passed for one year.APPENDIX B.THE ALIEN ACT OF WILLIAM IV.ANNO SEXTO GULIELMI IV. REGIS.CAP. XI.An Act for the Registration of Aliens, and to repeal an Act passed in the Seventh Year of the Reign of His late Majesty for that Purpose.[19th May, 1836.]7 G. 4. c. 54.repealed.Whereas in the Seventh Year of the Reign of His late Majesty an Act was passed, intituledAn Act for the Restoration of Aliens: And whereas it is expedient that the said Act should be repealed, and that Provisions in respect of Aliens should be made in lieu of the Regulations therein contained: Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the said Act shall be and is hereby repealed.Masters of Vessels arriving from Foreign Parts to declare what Aliens are on board or have landed from their Vessels.Penalty for Omission of DeclarationNot to extend to Foreign Mariners navigating the Vessel.II. And be it further enacted, That the Master of every Vessel which after the Commencement of this Act shall arrive in this Realm from Foreign Parts shall immediately on his Arrival declare in Writing to the Chief Officer of the Customs at the Port of Arrival whether there is, to the best of his Knowledge, any Alien on board his Vessel, and whether any Alien hath, to his Knowledge, landed therefrom at any Place within this Realm, and shall in his said Declaration specifythe Number of Aliens (if any) on board his Vessel, or who have, to his Knowledge, landed therefrom, and their Names, Rank, Occupation, and Description, as far as he shall be informed thereof; and if the Master of any such Vessel shall refuse or neglect to make such Declaration, or shall wilfully make a false Declaration, he shall for every such Offence forfeit the Sum of Twenty Pounds, and the further Sum of Ten Pounds for each Alien who shall have been on board at the Time of the Arrival of such Vessel, or who shall have, to his Knowledge, landed therefrom within this Realm, whom such Master shall wilfully have refused or neglected to declare; and in case such Master shall neglect or refuse forthwith to pay such Penalty, it shall be lawful for any Officer of the Customs, and he is hereby required, to detain such Vessel until the same shall be paid: Provided always, that nothing herein-before contained shall extend to any Mariner actually employed in the Navigation of such Vessel during the Time that such Mariner shall remain so actually employed.Alien on Arrival from Abroad to declare his Name, Description, etc., and produce his Passport.III. And be it further enacted, That every Alien who shall after the Commencement of this Act arrive in any Part of the United Kingdom from Foreign Parts shall immediately after such Arrival present and show to the Chief Officer of the Customs at the Port of Debarkation, for his Inspection, any Passport which may be in his or her Possession, and declare in Writing to such Chief Officer, or verbally make to him a Declaration, to be by him reduced into Writing, of the Day and Place of his or her landing, and of his or her Name, and shall also declare to what Country he or she belongs and is subject, and the Country and Place from whence he or she shall then have come; which Declaration shall be made in or reduced into such Form as shall be approved by One of His Majesty's Principal Secretaries of State; and if any such Alien coming into this Realm shall neglect or refuse to present and show any Passport which may be in his or her Possession, or if he or she shall neglect or refuse to make such Declaration, he or she shall forfeit the Sum of Two Pounds.Office of Customs to register the Declaration, and deliver a Certificate to the Alien.IV. And be it further enacted, That the Officer of the Customs to whom such Passport shall be shown and Declaration made shall immediately register such Declaration in a Book to be kept by him for that Purpose (in which Book Certificates shall be printed in Blank, and Counterparts thereof, in such Form as shall be approved by One of His Majesty's Principal Secretaries of State), and shall insert therein the several Particulars by this Act required in proper Columns, in both Parts thereof, and shall deliver one Part thereof to the Alien who shall have made such Declaration.Officer of Customs to transmit Declaration, etc. to Secretary of State.V. And be it further enacted, That the Chief Officer of the Customs in every Port shall within Two Days transmit a true Copy of the Declaration of every Master of a Vessel, and a true Copy of every such Certificate, if inGreat Britain, to One of His Majesty's Principal Secretaries of State, and if such Alien shall have arrived from any Foreign Country inIrelandhe shall transmit a true Copy of such Declaration and of such Certificate to the Chief Secretary forIreland.Certificate of Alien departing the Realm to be transmitted to Secretary of State.VI. And be it further enacted, That any Alien about to depart from this Realm shall before his or her Embarkation deliver any Certificate which he or she shall have received under the Provisions of this Act to the Chief Officer of the Customs at the Port of Departure, who shall insert therein that such Alien hath departed this Realm, and shall forthwith transmit the same to One of His Majesty's Principal Secretaries of State, or to the Chief Secretary forIreland, as the Case may be, in like Manner as herein-before is directed in respect to the Certificate given to an Alien on his or her Arrival in this Realm.New Certificates to be issued in lieu of such as are lost.VII. And be it further enacted, That if any Certificate issued to any Alien by virtue of this Act shall be lost, mislaid, or destroyed, and such Alien shall produce to One of His Majesty's Justices of the Peace Proof thereof, and shall make it appear to the Satisfaction of such Justice that he or she hath duly conformed with this Act, it shall be lawful for suchJustice and he is hereby required to testify the same under his Hand, and such Alien shall thereupon be entitled to receive from One of His Majesty's Principal Secretaries of State, or from the Chief Secretary forIreland, as the Case may be, a fresh Certificate, which shall be of the like Force and Effect as the Certificate so lost, mislaid, or destroyed.Certificate to be granted without Fee.Penalty.VIII. And be it further enacted, That all Certificates herein-before required to be given shall be given without Fee or Reward whatsoever; and every Person who shall take any Fee or Reward of any Alien or other Person, for any Certificate, or any other Matter or Thing done under this Act, shall forfeit for every such Offence the Sum of Twenty Pounds; and every Officer of the Customs who shall refuse or neglect to make such Entry as aforesaid, or grant any Certificate thereon, in pursuance of the Provisions of this Act, or shall knowingly make any false Entry, or neglect to transmit the Copy thereof, or to transmit any Declaration of the Master of a Vessel, or any Declaration of Departure, in manner directed by this Act, shall forfeit for every such Offence the Sum of Twenty Pounds.Penalty for forging Certificates, etc.IX. And be it further enacted, That if any Person shall wilfully make or transmit any false Declaration, or shall wilfully forge, counterfeit, or alter, or cause to be forged, counterfeited, or altered, or shall utter, knowing the same to be forged, counterfeited, or altered, any Declaration or Certificate hereby directed, or shall obtain any such Certificate under any other Name or Description than the true Name and Description of the Alien intended to be named and described, without disclosing to the Person granting such Certificate the true Name and Description of such Alien, or shall falsely pretend to be the Person intended to be named and described in any such Certificate, every Person so offending shall, upon Conviction thereof before Two Justices, either forfeit any Sum not exceeding One hundred Pounds, or be imprisoned for any Time not exceeding Three Calendar Months, at the Discretion of such Justices.Prosecution of Offences.X. And be it further enacted, That all Offences against this Act shall be prosecuted within Six Calendar Months after the Offence committed; and all such Offences shall be prosecuted before Two or more Justices of the Peace of the Place where the Offence shall be committed, who are required, in default of Payment of any pecuniary Penalty, to commit the Offender to the Common Gaol for any Time not exceeding One Calendar Month, unless the Penalty shall be sooner paid, where such Penalty shall not exceed the Sum of Twenty Pounds, and forthwith to report to One of His Majesty's Principal Secretaries of State, or to Chief Secretary forIreland, as the Case may require, the Conviction of every Offender under this Act, and the Punishment to which he is adjudged; and no Writ of Certiorari or of Advocation or Suspension shall be allowed to remove the Proceedings of any Justices touching the Cases aforesaid, or to supersede or suspend Execution or other Proceeding thereupon.Not to affect Foreign Ministers or their Servants;nor Aliens who have been resident Three Years, and obtained Certificate thereof; no Aliens under Fourteen Years of Age.XI. Provided always, and be it further enacted, That nothing in this Act contained shall affect any Foreign Ambassador or other Public Minister duly authorized, nor any Domestic Servant of any such Foreign Ambassador or Public Minister, registered as such according to Law, or being actually attendant upon such Ambassador or Minister; nor any Alien who shall have been continually residing within this Realm for Three Years next before the passing of this Act, or who shall hereafter at any Time complete such Residence of Three Years, and who shall have obtained from One of His Majesty's Principal Secretaries of State, or from the Chief Secretary forIreland, a Certificate thereof; nor any Alien, in respect of any Act done or omitted to be done, who shall be under the Age of Fourteen Years at the Time when such Act was so done or omitted to be done: Provided always, that if any Question shall arise whether any Person alleged to be an Alien, and to be subject to the Provisions of this Act, is an Alien or not, or is or is not subject to the said Provisions or any of them, the Proof that such Person is, or by Law is to be deemed to be, anatural-born Subject of His Majesty, or a Denizen of this Kingdom, or a naturalized Subject, or that such Person, if an Alien, is not subject to the Provisions of this Act or any of them, by reason of any Exception contained in this Act or otherwise, shall lie on the person so alleged to be an Alien and to be subject to the Provisions of this Act.Commencement of Act.XII. And be it further enacted, That this Act shall commence and take effect from and after the First Day ofJulyin the present Year.Act may be altered this Session.XIII. And be it further enacted, That this Act may be amended, altered, or repealed by any Act to be passed in this present Session of Parliament.APPENDIX C.ITALY.(Translation.)LAW FORBIDDING THE EMPLOYMENT OF CHILDREN INVAGRANT PROFESSIONS, DEC. 21, 1873.Article 1.—Whoever should entrust, or under any plea should deliver, to Italian subjects or to aliens, persons of either sex under the age of 18, although children or under the guardianship of the persons entrusting them, and whoever, whether Italian subjects or aliens, should receive them for the purpose of employing them within the kingdom in any way and under any name in the exercise of vagrant professions such as jugglers, conjurers, clowns, itinerant players or singers, tight-rope dancers, diviners of dreams, exhibitors of animals, mendicants, and such like, shall be punished with imprisonment from one to three months, and with a fine from 51 to 250 lire.Article 2.—Whoever within the kingdom should keep with him in the exercise of the said vagrant professions persons under the age of 18, not being his children, shall be punished with imprisonment from three to six months, and a fine from 100 to 500 lire.Article 3.—Whoever should entrust, or deliver, within the State, or should take abroad for the purpose of entrusting or delivering to Italian subjects or aliens, persons under the age of 18, although children or under the guardianship of the persons entrusting them; and whoever, whether an Italian subject or alien, should receive such minors in order to takethem, entrust, or deliver them abroad for the purpose of employing them in any way and under any name in the exercise of the before-said vagrant professions, shall be punished with imprisonment from six months to a year, and with a fine from 100 to 500 lire.Article 4.—Italian subjects who should keep with them in a foreign State, in the exercise of the before-said vagrant professions, persons of Italian nationality, under the age of 18, shall be punished with imprisonment from one to two years, and a fine from 500 to 1000 lire.If it should appear from the proceedings that the minor had been abandoned, or that he had seriously suffered in health through want of food, bad treatment, or ill-usage, or had on that account to turn away or abscond from the person in whose charge he was, the imprisonment may be extended to three years.Article 5.—This article treats of persons who should take these minors by violence or fraud for the purpose of employing them as above, in which case the punishment may be as much as seven years' imprisonment.Article 9.—This article makes it compulsory, under penalty of fine, for parents or guardians who have entrusted minors for the above purpose, to declare them to the Mayor of the town in which they reside in Italy, or to the Diplomatic or Consular Authorities, if abroad, within three months from the date of the law.Article 10.—This article makes it compulsory for persons, whether in Italy or abroad, who keep minors with them, to declare them under penalty of fine, and within four months from the date of the law, to the Mayors in Italy, and to the Ministers and Consuls abroad.The minors must at the same time be returned to their families both in Italy or from abroad at the expense of the persons who have them in charge, or through the Diplomatic or Consular Authorities.Articles 11 and 12.—The said Diplomatic or Consular Authorities must keep a register of such minors with all particulars, and give information to the Minister of the Interior.Article 13.—When there are no parents, or guardians, or other persons who can take care of such minors, they shall be placed in a public educational or industrial establishment until they are of full age, or when they have learnt a trade or business.APPENDIX D.DENMARK.(This Act may be taken as a specimen of Alien Lawsin European countries.)(Translation.)LAW ON FOREIGNERS AND TRAVELLERS.We, Christian IX., &c., make known the Rigsdag has passed, and we with our approval confirm, the following Law:—1. Passports abolished, but may be required of inhabitants of countries in which Danish travellers are obliged to be furnished with them.Residence in the country forbidden to foreign gipsies, musicians, exhibitors of animals, &c., acrobats and conjurers, and such like persons, gaining their livelihood by wandering about. Entry into the country forbidden also to all foreigners in search of work, unless they are provided with a document of identity from a public functionary.2. Foreigners who are not possessed of any claim for maintenance in this country, and are destitute of the necessary means of subsistence, as well as those who, under the provisions of Article 1, are not allowed to settle in the country, shall be as soon as possible sent out of it, or turned out of it by the police. In connection herewith an injunction can be given by police certificate to the party concerned not to allow himself to be found again in the country, with a notification of his liability under Article 22 if he violates the order.3. Foreigners not in possession of right of maintenance in the country, who seek to support themselves by manual or otherbodily labour, either as servants or, without legalizing themselves as travelling artisans, by any species of work necessitating journies from place to place, have to announce themselves to the Chief of the Police in whose jurisdiction they arrive, or as soon afterwards as they set about seeking such means of existence, to the Chief of the Police in whose jurisdiction they are resident at the time.4. The Chief of the Police to whom application is made under the preceding Article, shall investigate whether the party is in a condition in which it can be reasonably expected that he can and will support himself in this country by lawful labour; he must in this connection look carefully into the accuracy of the documents of identity which the applicant exhibits; and also exact assurance that the applicant is either guaranteed work or service, or is in possession of sufficient means to provide himself with subsistence on a modest scale for eight days, and afterwards to leave the country.Should the Chief of Police, after this examination, find that extended residence can be conceded to the applicant, he shall provide him with a residence-book, prescribed by the instructions of, and at the price fixed by, the Ministry of Justice, in the drawing up of which book provision is made for the certifying of the documents of identity; in the contrary event care must be taken to send or remove the applicant out of the country.The foregoing provisions are also to be applied to all foreigners mentioned in Article 3, who, at the period when the present Law comes into operation, are found resident in the country without having procured means of subsistence, an allowance of one month being made to them in which to notify themselves to the Chief of Police in the place of their residence. Should they be provided with a journey-book, mark shooting-book, or other document of identity, they receive a residence-book, delivered at the cost of the police fund, in which the certificate of their documents of identity are set forth. In the residence-book it is notified that it is given in place of the former document of identity, which the applicant must nevertheless preserve, and produce when required to do so.5. Any one in possession of a residence-book who shall wish to leave the police jurisdiction in which he resides, shall notify his intention to the police of the place, with a statement of the extent of his journey. The police shall make inquiry how far the applicant is in possession of the necessary means to arrive at the place indicated, and how far he is assured either of workor of subsistence, or, in the contrary case, whether he is provided with the means of modest subsistence for eight days after his arrival. If the applicant cannot guarantee the aforesaid, he can be sent or removed out of the country. Should no ground be found for his removal, notification of his announcement shall be certified in his book, and also leave for his journey, granted by the Chief of Police in accordance with the indicated wishes of the applicant; and further, a general sketch of the route by which the journey shall be made, and of the time in which it is to be accomplished, which arrangements must not be altered without sufficient ground, except by leave of the police.6. On arrival at destination, as also when the individual concerned, during his journey, passes the night at any market town, or in Frederiksborg, Frederiksværk, Sikheborg, Nörresundby, and Lögstör, or remains in any country place for more than twenty-four hours, the residence-book must be exhibited to the police, who shall certify such exhibition in the book itself.7. The holder of the book, when he has not found work or subsistence for eight days after he last notified the police, is bound to notify himself anew to the police of the place in which he happens to be, and can then, if not in possession of the means of modest subsistence for eight days, be expelled or sent out of the country.He who has had no work for six weeks shall in all cases be sent or removed from the country, unless he can prove how during that period he has supported himself in a lawful manner.8. Every one who engages a foreigner to work must see that the latter is provided with a residence-book. When the foreigner quits his employment he (the employer) must certify in the book how long the employment has lasted. In case of his refusal, the holder of the book shall at once notify the police, who shall insert in the book the necessary certificate.Any conviction for offence must be certified in the book. The individual concerned can apply for a new book without such certificate if during the last five years he has not been convicted of any offence.9. In all cases treated in Articles 5 to 8 the party concerned, should he at the period at which the notification should be made, not find himself in the parish or market town where the Chief of Police resides, may address himself to the local constable. The latter shall, in the stead of the Chief, pursue the necessary inquiry, and should the book be found in order, and theapplicant fulfil the further conditions for continued residence in the country, he (the constable) shall insert the necessary certificate in the book; in the contrary case, he must refer the applicant to the Chief of Police, to whom the book must at once be remitted. Should the certificates which the said functionary notifies require an injunction in a formal Protocol, the costs are to be charged to the police account.In coast districts, so far as the present Law is concerned, the district Commissioners shall act in place of the Constables.10. The dispositions of Articles 5 to 9 do not apply where the parties have continuous service, or only leave one employment to enter at once upon another. As long as such is the case the residence-book serves as a mark-book, and the conditions to be observed remain valid during the service.The notice of servants' arrival and departure, which, by the Law of the 10th May, 1854, paragraph 60, were to be made to the parish priest, shall for the future be made to the constable, who shall certify in the book the notices given, and report the same in the Protocol as above.11. Should the book be lost, notice must at once be given to the police. Should nothing appear, either from the information given by the owner or from any other source, of a nature to excite suspicion that the book has been purposely made away with, a new one shall be supplied, in which shall be recorded such information as to his previous residence in the country as can be procured without prolonged inquiry. In the contrary event, the party shall at once be sent out of or removed from the country, with such injunctions as are required by Articles 1 and 2.12. The obligation to be provided with a residence-book exists also where the party gains his livelihood in this country, and he, moreover, is regarded as a native-born subject for the purposes of this Law. The party concerned can claim a book furnished with a certificate of his observance of this obligation.13. He who has no rights as a native-born subject, and has not any claim to maintenance in this country, can, if he has not had continuous residence in this country for two years, be sent or removed out of it, by order of the Minister of Justice, when his conduct gives occasion therefor.In the case of removal or expulsion, in respect of which the Minister of Justice can designate the modifications prescribed in Article 16, which, in the circumstances, may be found suitable, such injunction can be given by order of the Minister as is set forth in Article 2.14. When, under the provisions of this Law, residence is refused to any one, the said person is to remain under the observation and surveillance of the police until sent out of the country.15. All certificates mentioned in the preceding paragraphs shall be given gratuitously, except those for leaving a commune mentioned in Article 10, second portion, which shall be taxed at 25 ore each. For the payment of the certifying of journey-books is granted a sum in compensation out of the Treasury chest, calculated on the average of the receipts on this account during the last five years.16. In all cases named in this Law removal from the country shall be effected under police direction, and in the cheapest manner compatible with the circumstances, by railway, waggon, by sea, or on foot, so that hired conveyance is only used in rare exceptions.Removal shall be effected without escort by a compulsory pass from the Chief of Police, so that the party, by means of conveyance as aforesaid, and as far as possible under control, shall be sent direct out of the country. The pass shall contain the necessary details of the route, the police authorities to whom the bearer shall present himself, as well as the amount given for subsistence money. Only when the means of conveyance aforesaid fail can the party be permitted to depart, and the Chief of Police shall appoint in the pass a period in which the journey must be completed; but such freedom of travel shall not be conceded to persons who have been convicted of vagrancy or mendicancy.When a person is sent by one authority to another by such a pass, the documents of identity are to be sent after him; and if he departs by rail or by sea, due notice of his coming must be given by telegraph to the police at the place of his destination.In the event of any such removals, care must be taken that the party is provided with the necessary clothing; that he is not suffering from itch or any other contagious disease, and also that his state of health is not such as to prevent the removal being carried out.17. The expenses incurred in removals in virtue of this Law, as also the expenses of maintenance and lodging until departure, and of clothing and watching in cases provided by Article 13, are to be paid out of the Treasury chest, and the expenses of those falling under Article 1, who are not permitted to reside in the country, are to be paid by themselves so far as they have the means. In all other cases, the expenses, including subsistencemoney, are to be paid by the communal funds of the locality, according to the specially given injunctions, but may be advanced by the police chest of any place. The Chief of Police from whose jurisdiction any one is removed as aforesaid, must take care that any expenses incurred thereby in another jurisdiction, are immediately settled.18. The right conceded to itinerant workmen to seek for the ordinary assistance given by Guilds and Corporations is abolished.19. He who, for payment, lets out to any one lodgings either by the day or by the week, or who gratuitously houses unknown or vagrant personages, is bound to inquire of such information as to their name, position, and last place of sojourn. The statements received must, in Copenhagen and in all market towns, including Frederiksborg, Frederiksværk, Sikheborg, Nörresundby, and Lögstör, be communicated before noon on the morrow in writing to the police, and elsewhere within twenty-four hours to the constable, and in coast districts to the Commissary, accompanied according to circumstances with observations as to any ground which may appear for doubting the accuracy of the statements made.The police can require all keepers of hotels, inns, and lodging-houses, and the waiters therein, instead of giving daily notice as above, to keep a book authorized by the police, which shall at any time be open to the inspection of the latter. With regard to such persons who, under Article 6, are obliged to announce themselves to the police, it is incumbent on all who shelter them to see that such announcements are duly made.20. Every one is bound, when required by the police either on account of information given in virtue of the preceding paragraph or of other special circumstances, to prove further that he is the person whom he professes to be, or to adduce such information as to make this probable.21. Every town and parish Council must see that twice a year lists are compiled by which every house proprietor shall show within eight days, exactly for every house the number of persons resident therein, as well as their names, occupation, age, and the date of their taking up residence in the commune. For residents in Copenhagen the Regulations in force hitherto remain valid.22. Violations of the prescriptions of Articles 2, 11, and 13, are to be punished with imprisonment on bread and water for 6 × 5 [sic] days, or hard labour for 180 days.Whoever, by false representations to the police, contrives that the residence-book furnished to him does not answer to his real name, or who wilfully tears out leaves therefrom, or makes use of documents of identity not his own, or who lends those given for his own use to another, or who deliberately makes false statements under Articles 19, 20, and 21, shall be punished, if no heavier sentence is provided by the law, with confinement on bread and water for 2 × 5 [sic] days, or with simple imprisonment for two months, or hard labour for sixty days, or under extenuating circumstances, with a fine of from 5 to 100 crowns.Deviations from the route prescribed in a police pass, or neglect to accomplish the journey in the prescribed time, unless reasonable excuse can be alleged, are to be punished with imprisonment, of not more than five days on bread and water. (VidePenal Law, section 25.)Other violations of this Law to be punished with fines of from 2 to 50 crowns.Prosecutions under this Law to be brought by the Public Prosecutor.So soon as any sentence of fine imposed by this Law is read or communicated to the offender, shall the fine, when the sentence is undisputed, or the offender declares himself satisfied therewith, be at once exacted, paid, and in default of payment, without any appeal to the authorities, forthwith expiated in accordance with the prescriptions of the Law of the 16th February, 1866, upon the expiation of fines.23. Certain Laws repugnant to the provisions of this Law are repealed.24. This Law, which has no operation in the Faro Isles, shall come into force on the 1st July, 1875.Dated at the Amelienborg, the 15th May, 1875.(Signed) CHRISTIAN R.APPENDIX E.SUMMARY OF THE THREE PRINCIPAL ACTSOF THE UNITED STATES.I.—THE "ACT TO REGULATE IMMIGRATION," 1882.Section 1 provides for the levying of a duty of fifty cents on all alien passengers arriving at any port in the United States. The money thus collected goes to form the "Immigrant Fund," which is used for the purpose of defraying the expenses of carrying out the Act, and for the care of the immigrants who arrive at the ports in sickness or distress.By Section 2 the Secretary of the Treasury is charged with the general supervision of immigration business. He is empowered to enter into contracts with such State Commissioners or Boards as may be designated by the Governor of any State, to take charge of the Local immigration of the ports within the said States. It authorizes the State Commissioners to appoint persons to go on board the ships when they arrive at the ports, and if "on such examination there shall be found among such passengers any convict, lunatic, idiot, or any person unable to take care of himself or herself, without becoming a public charge, they shall report the same in writing to the collector of such port, and such persons shall not be permitted to land."Section 3 gives the Secretary of the Treasury wide discretion as to the regulations which he may deem fit to issue from time to time.Section 4 enacts that "all foreign convicts, except those convicted of political offences, upon arrival shall be sent back to the nations to which they belong." Lastly—and this is mostimportant—"the expense of the return of such passengers as are not permitted to land shall be borne by the owners of the vessel in which they came."II.—THE ALIEN CONTRACT LABOUR LAW, 1885.By Section 1 it is made unlawful for any person, company, etc., to prepay the transportation, or in any way assist the importation, of aliens under contract to perform labour made previous to the importation.Section 2 declares that all such contracts shall be void in the United States.Section 3 imposes a penalty of one thousand dollars for each violation of Section 1.Section 4 declares that any master of a vessel knowingly bringing any such labourers into the United States, is guilty of a misdemeanour, and will be fined five hundred dollars for each labourer, or six months' imprisonment, or both.Section 5 makes certain exceptions to the excluded classes, in the case of a skilled workman engaged to carry out a new industry not already established in the United States, and so forth.In 1885 further sections were added to this Act, providing for the examination of ships; for the non-landing of prohibited persons; for the return of such persons by Boards designated by the Secretary of the Treasury; and for compelling the expense of the return of such persons to be borne by the owners of the vessels which brought them to America; the owners and masters of vessels refusing to pay such expenses, not being allowed to land at, or clear from, any port in the United States.III.—THE IMMIGRATION ACT OF 1891.The new Act may briefly be analyzed as follows:—Section 1 specifies the classes of aliens henceforth to be excluded from admission to the United States, viz.—All idiots, insane persons, paupers, or persons likely to become a public charge; persons suffering from a loathsome or a dangerous contagious disease; persons who have been convicted of felony or other infamous crime or misdemeanour involving moral turpitude; polygamists; and also any persons whose ticket or passage is paid for withthe money of another, or who is assisted by others to come, unless it is satisfactorily shown on inquiry that such person does not belong to any of the foregoing excluded classes, or to the class of contract labourers excluded by the Act of 1885. As in the Act of 1882, the exclusion of persons convicted of political offences is carefully guarded against.Section 2 provides for the more vigorous enforcement of the Act of 1885.Sections 3 and 4 declare that immigrants coming to the United States through the solicitation of advertising agents in Europe shall be treated as violators of the law, and steamship companies are prohibited from encouraging such immigration.Section 5 specifies ministers of religion, persons belonging to the recognized professions, and professors of colleges or seminaries, as persons not to be excluded under the Act of 1885.Section 6 provides penalties of fine and imprisonment up to a thousand dollars, or a year's imprisonment, or both, for violation of Act.Section 7 establishes the office of Superintendent of Immigration under the Treasury Department. The remaining sections of the Act may be summarized as follows:—(a) That the names and nationalities of immigrants shall be reported on arrival, and that they shall be promptly inspected by authorized agents empowered to decide upon their right to land. (b) Provision is made for the better inspection of the Canadian, British, Columbian, and Mexican borders, (c) That State and municipal authorities may exercise such jurisdiction over immigrant stations as may be necessary for the public peace, (d) That all immigrants who come in violation of the law shall be immediately sent back to the ships that brought them to the port; or if that be impracticable, they may be returned at any time within a year after their arrival. Any alien who may become a public charge within a year from his arrival shall be sent back to the country from whence he came. (e) That the Federal Courts shall have full jurisdiction in all cases arising under this Act.APPENDIX F.STATUTES PASSED BY THE COLONIES TORESTRICT PAUPER IMMIGRATION.CANADA.The Immigration Act, 1886 (R.S.C. 1886, c. 65, secs. 23 and 24) enacts as follows:—
"The grounds on which it is proposed, are simply those which this country has always maintained, and has every right to maintain, namely, that of self-protection."
In 1390, by a statute of Richard II., it was declared "That no alien person should trade without proof given that he would expend half the value of his merchandise in other merchandise here."
In 1392, after stating that the Free Trade Acts of Edward III. were a great hindrance and damage to cities of the realm, it was declared that "no foreign merchant shall sell or buy within the realm to any other foreign merchant to sell again. That no foreign merchant should sell at retail within the realm, except provisions, and as to some provisions only in large quantities."
This Act was followed in 1402 (Henry IV.), by provisions forbidding any carrying of the proceeds of such trade out of the country, except in the shape of other merchandise bought in exchange.
By an Act of 1439 (Henry VI., not repealed until this century), it was enacted, "That all alien merchants shall be under the survey of certain persons, to be called Hosts or surveyors, to be appointed by the mayors of the several cities, and to be good and creditable natives expert in merchandise; such Hosts to be privy to all sales and contracts of the aliens. Aliens to sell all their merchandise within six months on paying a forfeiture. The Hosts to keep books only to register all contracts, etc., of aliens, and deliver a transcript thereto to the Exchequer. The Hosts to have two shillings in the pound on all such contracts, and to be sworn to be faithful, and any alien refusing to submit to these regulations, to be imprisoned until security be given to comply with them."
In 1543, in the reign of Richard III., it was enacted—"That no person not born under the King's obeysance shall exercise or occupy any handicraft, or the occupation of any handicraftsman, in this realm of England; and shall (after date then fixed) depart into their own country again; or else be servants of such of the King's subjects only as be expert and cunning in such feats, wits, and crafts, which the said stranger can occupy."
In the reign of Henry VII. 1491, when the death of James III. of Scotland had strained the relations between the two kingdoms, an Act was passed simply in these words—"All Scots, not made denizens, shall depart this realm withinforty days after proclamation, upon paying a forfeiture of all their goods."
In the reign of Queen Mary there is a Statute against the French, which also directed their departure from the realm, and based it by the preamble not only on political grounds, but because the influx of such strangers tended to the diminishing of subjects of the realm, and the treasury of the sovereign.
By simple proclamation Elizabeth expelled the Scots.
Provisions as to aliens in the Georgian and Victorian eras are of three kinds—(a) War Alien Acts; (b) Peace Alien Acts; (c) Registration Acts. The Alien Acts contain regulations for expulsion of aliens, if the State requires it. In war time it is more stringent. All these Acts contain provisions as to registration. The history of these Acts briefly is as follows:—In 1793 (the French Revolution) first Alien Act, which being of a stringent character became the model. War Alien Act; this continued with amendments until the Peace of Amiens, 1802. Then for a year there was a Peace Alien Act, followed in the following year by a War Alien Act, when the Peninsular War began. With the French Restoration there was in 1814 a Peace Alien Act, followed again in the year ensuing by a War Alien Act, with the temporary restoration of the French Empire, and again by a Peace Alien Act, when the power of Napoleon was finally crushed. This last Statute was renewed by biennial Continuance Acts,until in 1826 expulsion clauses were entirely removed, and registration only remained.
The registration was modified by the Alien Act of William IV. in 1836, and the only interruption to its course has been the Chartist Act of 1848, which was an Expulsion Act, passed for one year.
An Act for the Registration of Aliens, and to repeal an Act passed in the Seventh Year of the Reign of His late Majesty for that Purpose.
[19th May, 1836.]
7 G. 4. c. 54.
repealed.
Whereas in the Seventh Year of the Reign of His late Majesty an Act was passed, intituledAn Act for the Restoration of Aliens: And whereas it is expedient that the said Act should be repealed, and that Provisions in respect of Aliens should be made in lieu of the Regulations therein contained: Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the said Act shall be and is hereby repealed.
Masters of Vessels arriving from Foreign Parts to declare what Aliens are on board or have landed from their Vessels.
Penalty for Omission of Declaration
Not to extend to Foreign Mariners navigating the Vessel.
II. And be it further enacted, That the Master of every Vessel which after the Commencement of this Act shall arrive in this Realm from Foreign Parts shall immediately on his Arrival declare in Writing to the Chief Officer of the Customs at the Port of Arrival whether there is, to the best of his Knowledge, any Alien on board his Vessel, and whether any Alien hath, to his Knowledge, landed therefrom at any Place within this Realm, and shall in his said Declaration specifythe Number of Aliens (if any) on board his Vessel, or who have, to his Knowledge, landed therefrom, and their Names, Rank, Occupation, and Description, as far as he shall be informed thereof; and if the Master of any such Vessel shall refuse or neglect to make such Declaration, or shall wilfully make a false Declaration, he shall for every such Offence forfeit the Sum of Twenty Pounds, and the further Sum of Ten Pounds for each Alien who shall have been on board at the Time of the Arrival of such Vessel, or who shall have, to his Knowledge, landed therefrom within this Realm, whom such Master shall wilfully have refused or neglected to declare; and in case such Master shall neglect or refuse forthwith to pay such Penalty, it shall be lawful for any Officer of the Customs, and he is hereby required, to detain such Vessel until the same shall be paid: Provided always, that nothing herein-before contained shall extend to any Mariner actually employed in the Navigation of such Vessel during the Time that such Mariner shall remain so actually employed.
Alien on Arrival from Abroad to declare his Name, Description, etc., and produce his Passport.
III. And be it further enacted, That every Alien who shall after the Commencement of this Act arrive in any Part of the United Kingdom from Foreign Parts shall immediately after such Arrival present and show to the Chief Officer of the Customs at the Port of Debarkation, for his Inspection, any Passport which may be in his or her Possession, and declare in Writing to such Chief Officer, or verbally make to him a Declaration, to be by him reduced into Writing, of the Day and Place of his or her landing, and of his or her Name, and shall also declare to what Country he or she belongs and is subject, and the Country and Place from whence he or she shall then have come; which Declaration shall be made in or reduced into such Form as shall be approved by One of His Majesty's Principal Secretaries of State; and if any such Alien coming into this Realm shall neglect or refuse to present and show any Passport which may be in his or her Possession, or if he or she shall neglect or refuse to make such Declaration, he or she shall forfeit the Sum of Two Pounds.
Office of Customs to register the Declaration, and deliver a Certificate to the Alien.
IV. And be it further enacted, That the Officer of the Customs to whom such Passport shall be shown and Declaration made shall immediately register such Declaration in a Book to be kept by him for that Purpose (in which Book Certificates shall be printed in Blank, and Counterparts thereof, in such Form as shall be approved by One of His Majesty's Principal Secretaries of State), and shall insert therein the several Particulars by this Act required in proper Columns, in both Parts thereof, and shall deliver one Part thereof to the Alien who shall have made such Declaration.
Officer of Customs to transmit Declaration, etc. to Secretary of State.
V. And be it further enacted, That the Chief Officer of the Customs in every Port shall within Two Days transmit a true Copy of the Declaration of every Master of a Vessel, and a true Copy of every such Certificate, if inGreat Britain, to One of His Majesty's Principal Secretaries of State, and if such Alien shall have arrived from any Foreign Country inIrelandhe shall transmit a true Copy of such Declaration and of such Certificate to the Chief Secretary forIreland.
Certificate of Alien departing the Realm to be transmitted to Secretary of State.
VI. And be it further enacted, That any Alien about to depart from this Realm shall before his or her Embarkation deliver any Certificate which he or she shall have received under the Provisions of this Act to the Chief Officer of the Customs at the Port of Departure, who shall insert therein that such Alien hath departed this Realm, and shall forthwith transmit the same to One of His Majesty's Principal Secretaries of State, or to the Chief Secretary forIreland, as the Case may be, in like Manner as herein-before is directed in respect to the Certificate given to an Alien on his or her Arrival in this Realm.
New Certificates to be issued in lieu of such as are lost.
VII. And be it further enacted, That if any Certificate issued to any Alien by virtue of this Act shall be lost, mislaid, or destroyed, and such Alien shall produce to One of His Majesty's Justices of the Peace Proof thereof, and shall make it appear to the Satisfaction of such Justice that he or she hath duly conformed with this Act, it shall be lawful for suchJustice and he is hereby required to testify the same under his Hand, and such Alien shall thereupon be entitled to receive from One of His Majesty's Principal Secretaries of State, or from the Chief Secretary forIreland, as the Case may be, a fresh Certificate, which shall be of the like Force and Effect as the Certificate so lost, mislaid, or destroyed.
Certificate to be granted without Fee.
Penalty.
VIII. And be it further enacted, That all Certificates herein-before required to be given shall be given without Fee or Reward whatsoever; and every Person who shall take any Fee or Reward of any Alien or other Person, for any Certificate, or any other Matter or Thing done under this Act, shall forfeit for every such Offence the Sum of Twenty Pounds; and every Officer of the Customs who shall refuse or neglect to make such Entry as aforesaid, or grant any Certificate thereon, in pursuance of the Provisions of this Act, or shall knowingly make any false Entry, or neglect to transmit the Copy thereof, or to transmit any Declaration of the Master of a Vessel, or any Declaration of Departure, in manner directed by this Act, shall forfeit for every such Offence the Sum of Twenty Pounds.
Penalty for forging Certificates, etc.
IX. And be it further enacted, That if any Person shall wilfully make or transmit any false Declaration, or shall wilfully forge, counterfeit, or alter, or cause to be forged, counterfeited, or altered, or shall utter, knowing the same to be forged, counterfeited, or altered, any Declaration or Certificate hereby directed, or shall obtain any such Certificate under any other Name or Description than the true Name and Description of the Alien intended to be named and described, without disclosing to the Person granting such Certificate the true Name and Description of such Alien, or shall falsely pretend to be the Person intended to be named and described in any such Certificate, every Person so offending shall, upon Conviction thereof before Two Justices, either forfeit any Sum not exceeding One hundred Pounds, or be imprisoned for any Time not exceeding Three Calendar Months, at the Discretion of such Justices.
Prosecution of Offences.
X. And be it further enacted, That all Offences against this Act shall be prosecuted within Six Calendar Months after the Offence committed; and all such Offences shall be prosecuted before Two or more Justices of the Peace of the Place where the Offence shall be committed, who are required, in default of Payment of any pecuniary Penalty, to commit the Offender to the Common Gaol for any Time not exceeding One Calendar Month, unless the Penalty shall be sooner paid, where such Penalty shall not exceed the Sum of Twenty Pounds, and forthwith to report to One of His Majesty's Principal Secretaries of State, or to Chief Secretary forIreland, as the Case may require, the Conviction of every Offender under this Act, and the Punishment to which he is adjudged; and no Writ of Certiorari or of Advocation or Suspension shall be allowed to remove the Proceedings of any Justices touching the Cases aforesaid, or to supersede or suspend Execution or other Proceeding thereupon.
Not to affect Foreign Ministers or their Servants;
nor Aliens who have been resident Three Years, and obtained Certificate thereof; no Aliens under Fourteen Years of Age.
XI. Provided always, and be it further enacted, That nothing in this Act contained shall affect any Foreign Ambassador or other Public Minister duly authorized, nor any Domestic Servant of any such Foreign Ambassador or Public Minister, registered as such according to Law, or being actually attendant upon such Ambassador or Minister; nor any Alien who shall have been continually residing within this Realm for Three Years next before the passing of this Act, or who shall hereafter at any Time complete such Residence of Three Years, and who shall have obtained from One of His Majesty's Principal Secretaries of State, or from the Chief Secretary forIreland, a Certificate thereof; nor any Alien, in respect of any Act done or omitted to be done, who shall be under the Age of Fourteen Years at the Time when such Act was so done or omitted to be done: Provided always, that if any Question shall arise whether any Person alleged to be an Alien, and to be subject to the Provisions of this Act, is an Alien or not, or is or is not subject to the said Provisions or any of them, the Proof that such Person is, or by Law is to be deemed to be, anatural-born Subject of His Majesty, or a Denizen of this Kingdom, or a naturalized Subject, or that such Person, if an Alien, is not subject to the Provisions of this Act or any of them, by reason of any Exception contained in this Act or otherwise, shall lie on the person so alleged to be an Alien and to be subject to the Provisions of this Act.
Commencement of Act.
XII. And be it further enacted, That this Act shall commence and take effect from and after the First Day ofJulyin the present Year.
Act may be altered this Session.
XIII. And be it further enacted, That this Act may be amended, altered, or repealed by any Act to be passed in this present Session of Parliament.
(Translation.)
LAW FORBIDDING THE EMPLOYMENT OF CHILDREN INVAGRANT PROFESSIONS, DEC. 21, 1873.
Article 1.—Whoever should entrust, or under any plea should deliver, to Italian subjects or to aliens, persons of either sex under the age of 18, although children or under the guardianship of the persons entrusting them, and whoever, whether Italian subjects or aliens, should receive them for the purpose of employing them within the kingdom in any way and under any name in the exercise of vagrant professions such as jugglers, conjurers, clowns, itinerant players or singers, tight-rope dancers, diviners of dreams, exhibitors of animals, mendicants, and such like, shall be punished with imprisonment from one to three months, and with a fine from 51 to 250 lire.
Article 2.—Whoever within the kingdom should keep with him in the exercise of the said vagrant professions persons under the age of 18, not being his children, shall be punished with imprisonment from three to six months, and a fine from 100 to 500 lire.
Article 3.—Whoever should entrust, or deliver, within the State, or should take abroad for the purpose of entrusting or delivering to Italian subjects or aliens, persons under the age of 18, although children or under the guardianship of the persons entrusting them; and whoever, whether an Italian subject or alien, should receive such minors in order to takethem, entrust, or deliver them abroad for the purpose of employing them in any way and under any name in the exercise of the before-said vagrant professions, shall be punished with imprisonment from six months to a year, and with a fine from 100 to 500 lire.
Article 4.—Italian subjects who should keep with them in a foreign State, in the exercise of the before-said vagrant professions, persons of Italian nationality, under the age of 18, shall be punished with imprisonment from one to two years, and a fine from 500 to 1000 lire.
If it should appear from the proceedings that the minor had been abandoned, or that he had seriously suffered in health through want of food, bad treatment, or ill-usage, or had on that account to turn away or abscond from the person in whose charge he was, the imprisonment may be extended to three years.
Article 5.—This article treats of persons who should take these minors by violence or fraud for the purpose of employing them as above, in which case the punishment may be as much as seven years' imprisonment.
Article 9.—This article makes it compulsory, under penalty of fine, for parents or guardians who have entrusted minors for the above purpose, to declare them to the Mayor of the town in which they reside in Italy, or to the Diplomatic or Consular Authorities, if abroad, within three months from the date of the law.
Article 10.—This article makes it compulsory for persons, whether in Italy or abroad, who keep minors with them, to declare them under penalty of fine, and within four months from the date of the law, to the Mayors in Italy, and to the Ministers and Consuls abroad.
The minors must at the same time be returned to their families both in Italy or from abroad at the expense of the persons who have them in charge, or through the Diplomatic or Consular Authorities.
Articles 11 and 12.—The said Diplomatic or Consular Authorities must keep a register of such minors with all particulars, and give information to the Minister of the Interior.
Article 13.—When there are no parents, or guardians, or other persons who can take care of such minors, they shall be placed in a public educational or industrial establishment until they are of full age, or when they have learnt a trade or business.
(This Act may be taken as a specimen of Alien Lawsin European countries.)
(Translation.)
We, Christian IX., &c., make known the Rigsdag has passed, and we with our approval confirm, the following Law:—
1. Passports abolished, but may be required of inhabitants of countries in which Danish travellers are obliged to be furnished with them.
Residence in the country forbidden to foreign gipsies, musicians, exhibitors of animals, &c., acrobats and conjurers, and such like persons, gaining their livelihood by wandering about. Entry into the country forbidden also to all foreigners in search of work, unless they are provided with a document of identity from a public functionary.
2. Foreigners who are not possessed of any claim for maintenance in this country, and are destitute of the necessary means of subsistence, as well as those who, under the provisions of Article 1, are not allowed to settle in the country, shall be as soon as possible sent out of it, or turned out of it by the police. In connection herewith an injunction can be given by police certificate to the party concerned not to allow himself to be found again in the country, with a notification of his liability under Article 22 if he violates the order.
3. Foreigners not in possession of right of maintenance in the country, who seek to support themselves by manual or otherbodily labour, either as servants or, without legalizing themselves as travelling artisans, by any species of work necessitating journies from place to place, have to announce themselves to the Chief of the Police in whose jurisdiction they arrive, or as soon afterwards as they set about seeking such means of existence, to the Chief of the Police in whose jurisdiction they are resident at the time.
4. The Chief of the Police to whom application is made under the preceding Article, shall investigate whether the party is in a condition in which it can be reasonably expected that he can and will support himself in this country by lawful labour; he must in this connection look carefully into the accuracy of the documents of identity which the applicant exhibits; and also exact assurance that the applicant is either guaranteed work or service, or is in possession of sufficient means to provide himself with subsistence on a modest scale for eight days, and afterwards to leave the country.
Should the Chief of Police, after this examination, find that extended residence can be conceded to the applicant, he shall provide him with a residence-book, prescribed by the instructions of, and at the price fixed by, the Ministry of Justice, in the drawing up of which book provision is made for the certifying of the documents of identity; in the contrary event care must be taken to send or remove the applicant out of the country.
The foregoing provisions are also to be applied to all foreigners mentioned in Article 3, who, at the period when the present Law comes into operation, are found resident in the country without having procured means of subsistence, an allowance of one month being made to them in which to notify themselves to the Chief of Police in the place of their residence. Should they be provided with a journey-book, mark shooting-book, or other document of identity, they receive a residence-book, delivered at the cost of the police fund, in which the certificate of their documents of identity are set forth. In the residence-book it is notified that it is given in place of the former document of identity, which the applicant must nevertheless preserve, and produce when required to do so.
5. Any one in possession of a residence-book who shall wish to leave the police jurisdiction in which he resides, shall notify his intention to the police of the place, with a statement of the extent of his journey. The police shall make inquiry how far the applicant is in possession of the necessary means to arrive at the place indicated, and how far he is assured either of workor of subsistence, or, in the contrary case, whether he is provided with the means of modest subsistence for eight days after his arrival. If the applicant cannot guarantee the aforesaid, he can be sent or removed out of the country. Should no ground be found for his removal, notification of his announcement shall be certified in his book, and also leave for his journey, granted by the Chief of Police in accordance with the indicated wishes of the applicant; and further, a general sketch of the route by which the journey shall be made, and of the time in which it is to be accomplished, which arrangements must not be altered without sufficient ground, except by leave of the police.
6. On arrival at destination, as also when the individual concerned, during his journey, passes the night at any market town, or in Frederiksborg, Frederiksværk, Sikheborg, Nörresundby, and Lögstör, or remains in any country place for more than twenty-four hours, the residence-book must be exhibited to the police, who shall certify such exhibition in the book itself.
7. The holder of the book, when he has not found work or subsistence for eight days after he last notified the police, is bound to notify himself anew to the police of the place in which he happens to be, and can then, if not in possession of the means of modest subsistence for eight days, be expelled or sent out of the country.
He who has had no work for six weeks shall in all cases be sent or removed from the country, unless he can prove how during that period he has supported himself in a lawful manner.
8. Every one who engages a foreigner to work must see that the latter is provided with a residence-book. When the foreigner quits his employment he (the employer) must certify in the book how long the employment has lasted. In case of his refusal, the holder of the book shall at once notify the police, who shall insert in the book the necessary certificate.
Any conviction for offence must be certified in the book. The individual concerned can apply for a new book without such certificate if during the last five years he has not been convicted of any offence.
9. In all cases treated in Articles 5 to 8 the party concerned, should he at the period at which the notification should be made, not find himself in the parish or market town where the Chief of Police resides, may address himself to the local constable. The latter shall, in the stead of the Chief, pursue the necessary inquiry, and should the book be found in order, and theapplicant fulfil the further conditions for continued residence in the country, he (the constable) shall insert the necessary certificate in the book; in the contrary case, he must refer the applicant to the Chief of Police, to whom the book must at once be remitted. Should the certificates which the said functionary notifies require an injunction in a formal Protocol, the costs are to be charged to the police account.
In coast districts, so far as the present Law is concerned, the district Commissioners shall act in place of the Constables.
10. The dispositions of Articles 5 to 9 do not apply where the parties have continuous service, or only leave one employment to enter at once upon another. As long as such is the case the residence-book serves as a mark-book, and the conditions to be observed remain valid during the service.
The notice of servants' arrival and departure, which, by the Law of the 10th May, 1854, paragraph 60, were to be made to the parish priest, shall for the future be made to the constable, who shall certify in the book the notices given, and report the same in the Protocol as above.
11. Should the book be lost, notice must at once be given to the police. Should nothing appear, either from the information given by the owner or from any other source, of a nature to excite suspicion that the book has been purposely made away with, a new one shall be supplied, in which shall be recorded such information as to his previous residence in the country as can be procured without prolonged inquiry. In the contrary event, the party shall at once be sent out of or removed from the country, with such injunctions as are required by Articles 1 and 2.
12. The obligation to be provided with a residence-book exists also where the party gains his livelihood in this country, and he, moreover, is regarded as a native-born subject for the purposes of this Law. The party concerned can claim a book furnished with a certificate of his observance of this obligation.
13. He who has no rights as a native-born subject, and has not any claim to maintenance in this country, can, if he has not had continuous residence in this country for two years, be sent or removed out of it, by order of the Minister of Justice, when his conduct gives occasion therefor.
In the case of removal or expulsion, in respect of which the Minister of Justice can designate the modifications prescribed in Article 16, which, in the circumstances, may be found suitable, such injunction can be given by order of the Minister as is set forth in Article 2.
14. When, under the provisions of this Law, residence is refused to any one, the said person is to remain under the observation and surveillance of the police until sent out of the country.
15. All certificates mentioned in the preceding paragraphs shall be given gratuitously, except those for leaving a commune mentioned in Article 10, second portion, which shall be taxed at 25 ore each. For the payment of the certifying of journey-books is granted a sum in compensation out of the Treasury chest, calculated on the average of the receipts on this account during the last five years.
16. In all cases named in this Law removal from the country shall be effected under police direction, and in the cheapest manner compatible with the circumstances, by railway, waggon, by sea, or on foot, so that hired conveyance is only used in rare exceptions.
Removal shall be effected without escort by a compulsory pass from the Chief of Police, so that the party, by means of conveyance as aforesaid, and as far as possible under control, shall be sent direct out of the country. The pass shall contain the necessary details of the route, the police authorities to whom the bearer shall present himself, as well as the amount given for subsistence money. Only when the means of conveyance aforesaid fail can the party be permitted to depart, and the Chief of Police shall appoint in the pass a period in which the journey must be completed; but such freedom of travel shall not be conceded to persons who have been convicted of vagrancy or mendicancy.
When a person is sent by one authority to another by such a pass, the documents of identity are to be sent after him; and if he departs by rail or by sea, due notice of his coming must be given by telegraph to the police at the place of his destination.
In the event of any such removals, care must be taken that the party is provided with the necessary clothing; that he is not suffering from itch or any other contagious disease, and also that his state of health is not such as to prevent the removal being carried out.
17. The expenses incurred in removals in virtue of this Law, as also the expenses of maintenance and lodging until departure, and of clothing and watching in cases provided by Article 13, are to be paid out of the Treasury chest, and the expenses of those falling under Article 1, who are not permitted to reside in the country, are to be paid by themselves so far as they have the means. In all other cases, the expenses, including subsistencemoney, are to be paid by the communal funds of the locality, according to the specially given injunctions, but may be advanced by the police chest of any place. The Chief of Police from whose jurisdiction any one is removed as aforesaid, must take care that any expenses incurred thereby in another jurisdiction, are immediately settled.
18. The right conceded to itinerant workmen to seek for the ordinary assistance given by Guilds and Corporations is abolished.
19. He who, for payment, lets out to any one lodgings either by the day or by the week, or who gratuitously houses unknown or vagrant personages, is bound to inquire of such information as to their name, position, and last place of sojourn. The statements received must, in Copenhagen and in all market towns, including Frederiksborg, Frederiksværk, Sikheborg, Nörresundby, and Lögstör, be communicated before noon on the morrow in writing to the police, and elsewhere within twenty-four hours to the constable, and in coast districts to the Commissary, accompanied according to circumstances with observations as to any ground which may appear for doubting the accuracy of the statements made.
The police can require all keepers of hotels, inns, and lodging-houses, and the waiters therein, instead of giving daily notice as above, to keep a book authorized by the police, which shall at any time be open to the inspection of the latter. With regard to such persons who, under Article 6, are obliged to announce themselves to the police, it is incumbent on all who shelter them to see that such announcements are duly made.
20. Every one is bound, when required by the police either on account of information given in virtue of the preceding paragraph or of other special circumstances, to prove further that he is the person whom he professes to be, or to adduce such information as to make this probable.
21. Every town and parish Council must see that twice a year lists are compiled by which every house proprietor shall show within eight days, exactly for every house the number of persons resident therein, as well as their names, occupation, age, and the date of their taking up residence in the commune. For residents in Copenhagen the Regulations in force hitherto remain valid.
22. Violations of the prescriptions of Articles 2, 11, and 13, are to be punished with imprisonment on bread and water for 6 × 5 [sic] days, or hard labour for 180 days.
Whoever, by false representations to the police, contrives that the residence-book furnished to him does not answer to his real name, or who wilfully tears out leaves therefrom, or makes use of documents of identity not his own, or who lends those given for his own use to another, or who deliberately makes false statements under Articles 19, 20, and 21, shall be punished, if no heavier sentence is provided by the law, with confinement on bread and water for 2 × 5 [sic] days, or with simple imprisonment for two months, or hard labour for sixty days, or under extenuating circumstances, with a fine of from 5 to 100 crowns.
Deviations from the route prescribed in a police pass, or neglect to accomplish the journey in the prescribed time, unless reasonable excuse can be alleged, are to be punished with imprisonment, of not more than five days on bread and water. (VidePenal Law, section 25.)
Other violations of this Law to be punished with fines of from 2 to 50 crowns.
Prosecutions under this Law to be brought by the Public Prosecutor.
So soon as any sentence of fine imposed by this Law is read or communicated to the offender, shall the fine, when the sentence is undisputed, or the offender declares himself satisfied therewith, be at once exacted, paid, and in default of payment, without any appeal to the authorities, forthwith expiated in accordance with the prescriptions of the Law of the 16th February, 1866, upon the expiation of fines.
23. Certain Laws repugnant to the provisions of this Law are repealed.
24. This Law, which has no operation in the Faro Isles, shall come into force on the 1st July, 1875.
Dated at the Amelienborg, the 15th May, 1875.
(Signed) CHRISTIAN R.
Section 1 provides for the levying of a duty of fifty cents on all alien passengers arriving at any port in the United States. The money thus collected goes to form the "Immigrant Fund," which is used for the purpose of defraying the expenses of carrying out the Act, and for the care of the immigrants who arrive at the ports in sickness or distress.
By Section 2 the Secretary of the Treasury is charged with the general supervision of immigration business. He is empowered to enter into contracts with such State Commissioners or Boards as may be designated by the Governor of any State, to take charge of the Local immigration of the ports within the said States. It authorizes the State Commissioners to appoint persons to go on board the ships when they arrive at the ports, and if "on such examination there shall be found among such passengers any convict, lunatic, idiot, or any person unable to take care of himself or herself, without becoming a public charge, they shall report the same in writing to the collector of such port, and such persons shall not be permitted to land."
Section 3 gives the Secretary of the Treasury wide discretion as to the regulations which he may deem fit to issue from time to time.
Section 4 enacts that "all foreign convicts, except those convicted of political offences, upon arrival shall be sent back to the nations to which they belong." Lastly—and this is mostimportant—"the expense of the return of such passengers as are not permitted to land shall be borne by the owners of the vessel in which they came."
By Section 1 it is made unlawful for any person, company, etc., to prepay the transportation, or in any way assist the importation, of aliens under contract to perform labour made previous to the importation.
Section 2 declares that all such contracts shall be void in the United States.
Section 3 imposes a penalty of one thousand dollars for each violation of Section 1.
Section 4 declares that any master of a vessel knowingly bringing any such labourers into the United States, is guilty of a misdemeanour, and will be fined five hundred dollars for each labourer, or six months' imprisonment, or both.
Section 5 makes certain exceptions to the excluded classes, in the case of a skilled workman engaged to carry out a new industry not already established in the United States, and so forth.
In 1885 further sections were added to this Act, providing for the examination of ships; for the non-landing of prohibited persons; for the return of such persons by Boards designated by the Secretary of the Treasury; and for compelling the expense of the return of such persons to be borne by the owners of the vessels which brought them to America; the owners and masters of vessels refusing to pay such expenses, not being allowed to land at, or clear from, any port in the United States.
The new Act may briefly be analyzed as follows:—Section 1 specifies the classes of aliens henceforth to be excluded from admission to the United States, viz.—All idiots, insane persons, paupers, or persons likely to become a public charge; persons suffering from a loathsome or a dangerous contagious disease; persons who have been convicted of felony or other infamous crime or misdemeanour involving moral turpitude; polygamists; and also any persons whose ticket or passage is paid for withthe money of another, or who is assisted by others to come, unless it is satisfactorily shown on inquiry that such person does not belong to any of the foregoing excluded classes, or to the class of contract labourers excluded by the Act of 1885. As in the Act of 1882, the exclusion of persons convicted of political offences is carefully guarded against.
Section 2 provides for the more vigorous enforcement of the Act of 1885.
Sections 3 and 4 declare that immigrants coming to the United States through the solicitation of advertising agents in Europe shall be treated as violators of the law, and steamship companies are prohibited from encouraging such immigration.
Section 5 specifies ministers of religion, persons belonging to the recognized professions, and professors of colleges or seminaries, as persons not to be excluded under the Act of 1885.
Section 6 provides penalties of fine and imprisonment up to a thousand dollars, or a year's imprisonment, or both, for violation of Act.
Section 7 establishes the office of Superintendent of Immigration under the Treasury Department. The remaining sections of the Act may be summarized as follows:—(a) That the names and nationalities of immigrants shall be reported on arrival, and that they shall be promptly inspected by authorized agents empowered to decide upon their right to land. (b) Provision is made for the better inspection of the Canadian, British, Columbian, and Mexican borders, (c) That State and municipal authorities may exercise such jurisdiction over immigrant stations as may be necessary for the public peace, (d) That all immigrants who come in violation of the law shall be immediately sent back to the ships that brought them to the port; or if that be impracticable, they may be returned at any time within a year after their arrival. Any alien who may become a public charge within a year from his arrival shall be sent back to the country from whence he came. (e) That the Federal Courts shall have full jurisdiction in all cases arising under this Act.
The Immigration Act, 1886 (R.S.C. 1886, c. 65, secs. 23 and 24) enacts as follows:—