The Hungarian Emigration law of 1903
The Problem of the Immigrant
(Translated from the Hungarian.)
THE LAW OF MARCH, 1903.
CONCERNING EMIGRATION.
Hungary
Chapter I.
About Emigration in General.
section 1.
In point of view of the application of this law he
is considered an emigrant who goes to foreign countries with the
object of continuously living there for an indefinite time.
section 2.
In regard to emigration, the following restrictions
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 only with the permission
of the respective competent authorities.
(b) Persons who are under preliminary investigation
or examination for having committed a crime or offense, against
whom either the judicial or police authorities have issued a warrant
of arrest, are not permitted to emigrate at all.
(c) Minors can emigrate only if they are able to
show the written and officially legalized consent of their father
or guardian; and those who have not yet attained their fifteenth
year of age, even under those conditions, can emigrate only in
company of a responsible adult, and then only on condition that
a future home is provided for them at their place of destination.
The following are not allowed to emigrate:--
(d) Those parents who intend to leave children under
fifteen years of age at home without providing for their proper
care.
(e)Those who have not sufficient funds for the journey
to the place of their destination, or to meet the conditions which
are established in regard to immigration into the country to which
they wish to emigrate.
(f) Those who are promised, by the Government of
any foreign country, or by any colonization or similar company,
or by a private person seeking to organize colonization, free
transportation in whole or in part, or any advance of the cost
of the trip.
section 3.
Every immigrant must supply himself with a passport
as required by that country which he desires to emigrate.
section 4.
The Ministry furnishes emigrants - if they apply
for it - full and reliable information as to all conditions concerning
those states or countries to which they have intention of going.
section 5.
The Ministry is empowered to prohibit the emigration
to any foreign country where the life, health, morals, or property
of the emigrants may be placed in jeopardy; this applies to emigration
as a whole or to persons of any particular occupation.
section 6
The Ministry is empowered to restrict emigration
in particular direction or directions as may seem best from the
standpoint of health, or to protect the interests of the emigrant.
Chapter II.
Passenger Traffic, Contractors, and Agents.
section 7.
Any person desiring to engage in the transportation
of emigrants must have a license granted by the Minister of the
Interior.
section 8.
Licenses are granted to:
(1) Resident contractors, whether individuals or
associations, provided the responsible managers are citizens of
Hungary;
(2) Non-resident contractors, whether individuals
or associations:
(a) Provided they designate a resident citizen of
Hungary as their representative in Hungary in all matters concerning
emigration, and in the relations of the principals towards the
Government authorities; these designated representatives to have
full power and responsibility.
(b) Provided they subject themselves to the Hungarian
law and to the Hungarian courts of justice in case of controversies
arising from said emigrant business.
section 9.
Every applicant for a license must prove ability
to transport emigrants safely and deposit in advance, as security,
at least 100,000 crowns.
section 10.
Licenses are only to be granted for business with
designated countries, parts of countries or places, and, if a
sea journey is involved, only for designated ports.
section 11.
Such license gives the holder the right to extend
his business over the entire territory within the scope of the
law.
section 12.
The contractor is bound from time to time to submit
his tariff of fares to the Minister of the Interior for approval.
Higher rates than approved of cannot be charged.
With the exception of an advertisement concerning
time-tables, subsistence, and fares it is forbidden to issue proclamations
or information concerning emigration, or send any such to individuals.
It is also forbidden for contractors and their agents
to attempt to induce emigration verbally, by letter, or to encourage
it in any manner, to solicit from door to door, or to ask or accept
any reward or service from emigrants, excepting the fare to be
paid for the passage.
section 13.
The contractor is allowed, with the permission of
the Minister of the Interior to have his business managed by a
representative, and also to establish branch offices. The person
selected as a representative must, however, be approved by the
Minister of the Interior.
section 14.
A license as emigration agent can only be obtained
by persons fulfilling the following requirements : --
(a) He must be a citizen of Hungary;
(b) He must live within the judicial districts or
in one of the districts in which he is doing business;
(c) He must not be under guardianship or trusteeship,
must be solvent, no criminal proceedings in penal law must be
pending against him, and he must never have been condemned to
imprisonment for crime or offense committed in self-interest (paragraph
38 of the law of 1881). He must not have been guilty of a transgression
coming under that law, and his morality and reliability must be
without reproach.
section 15.
With the approval of the Minister of the Interior
the contractor may appoint a representative competent to make
contracts.
section 16.
The contractor is responsible according to civil
law for every action of his representative within the scope of
the emigration business.
section 17.
The representative shall not be paid by commissions
on the contracts he makes, but by a regular salary in advance.
section 18.
Only persons answering to the conditions required
in section 14 regarding representatives may be appointed as such.
Officers of State, of justice, magistrates and subordinate officials,
clergymen and school teachers, cannot be representatives.
section 19.
The business territory of such a representative shall
be bounded only by the limits of a designated judicial district
or of several designated judicial districts.
Not more than one representative of the same contractor
is allowed to carry on business in any district.
section 20.
The manager is allowed to carry on his business in
person only, and is not permitted to conclude contracts for transportation
business for any other manager. Neither members of the manager's
family nor his employees are permitted to do business on their
own account.
The injunction of section 12 refers also to the representative.
The word "manager" here is used in the
sense of a proprietor or responsible head of a business
section 21.
The concession (or license) of the manager and that
of his representative, as well as the grant of authorization,
can be limited or withdrawn at any time by the Minister of the
Interior.
The concession shall be withdrawn:
(a) If the person concerned no longer meets the requirements
contained in sections 8, 14, and 18;
(b) If events occur to show that the manager, his
representative, or substitute is unreliable;
(G) If the deficit arising from legal deduction from
the security deposited is not made good within fifteen days.
section 22.
The security deposited by the manager is intended
cover all liabilities, as well as all fines and expenses growing
out of the business, whether payable to the authorities or to
private parties.
The nature of the security, as well as the manner
of depositing it, its management and restitution, is to decided
by the Minister of the Interior.
section 23.
The manager, as well as his representative, is required
to keep intelligible books, as prescribed by the Minister of the
Interior. He must also keep a copying-book for his correspondence.
The management of the deposit and form of contract
to be used shall be fixed by decree of the Minister of Interior.
The Minister of the Interior, as well as his authorized
substitute and the police authorities, have the right to investigate
the management of the business at any time, to make abstracts
of the accounts, and to control the proceedings of the manager
and his representative generally.
Chapter III.
Legal Relations between the Manager and the
Emigrant.
section 24.
The contractor can only transport an emigrant upon
the authority of a written contract made in advance.
It is forbidden to enter into contract with persons
having no passport, and also with persons described in section
2.
section 25.
The contract is to be drawn in the Hungarian language,
or in columns both in the Hungarian language and in the mother
tongue of the emigrant, in duplicate, one copy of which is given
to the emigrant, the other remaining with the agent.
The contract must contain the following :--
(1) The full name, age, and place of residence of
the emigrant;
(2) The exact route to be taken, and the place to
which transportation is to be contracted for;
(3) The exact time of starting, and, in case of an
ocean voyage, the name of the vessel as well as the day fixed
for the sailing;
(4) If a railway journey, the class must be stated,
if by ship, the place must be designated, which the emigrant,
his family, and his luggage are to occupy;
(5) The exact fare, in figures and words;
(6) The requirements of this law regarding the duties
of the contractor and the manner of settling possible complaints.
section 26.
The contractor is bound to the emigrant:
(1) To send the emigrant with his luggage to the
place stated in the contract and for the fare stated, which, under
no consideration, must be increased;
(2) To provide sufficient wholesome clean board and
lodging for the entire journey, in case the emigrant has not stipulated
to provide for himself during his journey on land;
(3) To provide medical treatment free of charge,
and, in case of death during the voyage, free burial;
(4> To insure the luggage against damage and loss,
the head of the family against accident, according to the rates
approved by the Minister of the Interior. The amount of the insurance
premium may be stipulated in the contract as additional to the
fare;
(5) If the trip is postponed or interrupted, without
apparent fault on the part of the emigrant, to give him entire
board and lodging without any extra charge, and to send him and
his luggage on to his place of destination as rapidly as possible.
section 27.
If the delay lasts longer than a week, the emigrant
may cancel the contract and demand the return of the fare already
paid, and, in case of having suffered loss thereby, may claim
damages according to general laws.
section 28.
The fare can also be demanded in case of the death
of the emigrant, or a member of his family who accompanies him
dying before beginning the sea voyage, or being prevented from
leaving by illness or other circumstances for which it can be
proved he is not responsible. Half of the fare can be demanded
if the emigrant cancels the contract far any reason whatever before
starting on his journey.
section 29.
Agreements which violate sections 12, 26, 37, and
28 are invalid.
section 30.
The contractor is obliged to bring back, without
extra charge, such persons as, notwithstanding the prohibition
contained in section 24, are sent on without a passport, if these
persons had no right to emigrate according to section 2.
section 31.
During the sea voyage, the contractor must see that
the vessel in which the emigrants sail is kept in good order,
on the designated course, is furnished properly, well appointed
and provided with sufficient provisions. The same obligation is
incumbent upon the master of the vessel.
section 32.
Before leaving, the vessel is examined by the proper
authorities, to ascertain whether all the requirements of the
previous sections are provided for.
Every vessel is examined and emigrants and crew inspected
by the proper medical authorities.
section 33.
Within the meaning of this law, sea-going vessels
are considered fit for emigrant transportation which sail to non-European
ports, and carry at least twenty-five passengers, not including
those in separate compartments.
The Minister of the Interior is authorized to make
full arrangements in accord with the Minister of Commerce, respecting
the quality of such vessels, their accommodations and appointments
in regard to the supply of provisions, their official examinations
and control, also regarding the medical examination of travelers
and crew, the prohibition of the embarking of sick people, and
the preservation of health and morality among the emigrants.
Chapter IV.
Emigration Fund.
section 34.
For the relief of members of the families of emigrants
who remain behind in poverty, for obtaining information for them
as to those who have already emigrated, for providing employment,
for founding asylums for them, and lastly, for covering partly
or entirely the expenses of the destitute who desire to return
to their native country, special funds are to be raised as follows
:--
(a) From appropriation from the Government budget;
(b) From all unexpended balances received from issuing
passports after deduction of stamp duty and fees;
(c) From the fees fixed by law which are to be paid
by the transportation agents obtaining licenses;
(d) From annual dues to be fixed by contract, payable
by all banking institutions, which may be entrusted with the management
of the funds of emigrants and with their return passage money.
article 35.
The emigration funds shall be under the management
of the Minister of the Interior, who shall render account of them
in his annual report.
article 36.
The Ministry is instructed to provide for the proper
administration of the deposits, and to ensure the safe delivery
of money sent back by emigrants by means of the Royal Hungarian
Postsparkasse, or a reliable Hungarian bank.
Chapter V.
Officials
article 37.
For the proper treatment of questions regarding emigration,
and to aid the Minister of the Interior in the performance of
these duties, a Council of Emigration shall be organized.
article 38.
The Minister of the Interior shall be president of
this Council, and, in case of his being prevented, the first assistant
of the Minister shall take his place.
The members of this Council shall consist of one
appointee of the Prime Minister, one member each from the police
and sanitary upper divisions of the Ministry of the Interior,
Justice, Ecclesiastic Affairs and Public Instruction, of Commerce,
Agriculture, and the Department of National Defense. Then of ten
members named by Minister of the Interior from the chambers of
commerce and agricultural societies, or those engaged in agriculture,
manufactures, or commerce.
article 39.
The Minister of the Interior decides as to the organization
and order of business of the Council of Emigration.
article 40.
To supervise the operation of this law and for the
direct inspection of the entire emigration business, the Minister
of the Interior is authorized to appoint a Commissioner of Emigration
possessing the rank of a Government official (Staatsbeamter),
and assistants according to need.
article 41.
The Commissioner of Emigration has power to be present
at the examination of vessels employed in emigration traffic and
even to make independent examination. He is to report to the Minister
of the Interior any deficiencies or irregularities, and, in special
cases, to inform the local authorities.
The masters of vessels employed in emigrant traffic
are obliged, if the Commissioner so desires, to furnish a true
statement of the condition of the ship and its route, and to allow
at any time inspection of the ship and the ship's papers.
article 42.
The Commissioner of Emigration is the immediate subordinate
of the Minister of the Interior, and his compensation, as well
as that of those assigned to him as assistants, shall be placed
in the annual budget. Any special services are regulated by the
Minister of the Interior.
Chapter VI.
Articles in Penal Code
article 43.
Any contractor or contractor's agent who violates
the stipulations of sections 12, 13, 14, 23, 24, 26, and 31, or
who does not observe the decrees issued by the Minister of the
Interior, according to this law, in case such action on his part
does not include a graver offense, commits a misdemeanour, and
is to be punished by imprisonment not exceeding two months, as
well as by a fine not exceeding 600 crowns.
In case this misdemeanour is committed by the agent,
but with the knowledge of the contractor, or if the latter has
neglected the inspection demanded by the circumstances, the contractor
is liable to punishment together with the agent.
Every shipmaster is also guilty of a misdemeanour,
and punished by the same penalty, if he does not fulfill his duty
as indicated in section 31 or in the second paragraph of section
33, whether this, happens in his own country or abroad.
article 44.
Any agent who does not comply with the provisions
of sections 13, 19, and 24, as well as those regulations regarding
the management of business which may be issued by the Minister
of the Interior under this law, commits a misdemeanour, and is
to be punished by imprisonment for not more than one month, and
also by a fine not exceeding 600 crowns.
article 45.
Any one who engages in the transportation of emigrants,
either as principal of agent, without having the license required
in sections 7 and 15, is guilty of a misdemeanour, and is to be
punished by imprisonment not exceeding two months, and a fine
not exceeding 600 crowns.
Letters, circulars, printed matter, and passage tickets
sent out by contractors and agents without a license may be seized
and confiscated by the proper authorities in the post-office.
article 46.
Any one who encourages emigration at a public meeting
by speeches, or by distributing printed matter or pamphlets, or
by exhibiting these publicly, shall be punished with imprisonment
for not more than two months, and by a fine not exceeding 600
crowns.
article 47.
Any one is guilty of a misdemeanour, and is to be
punished by a fine amounting to not more than 200 crowns, who
publishes, by means of press advertisements, the business of traffic
managers and agents, who have not permission of the Minister of
the Interior to do business
article 48.
Over all violations of this law, so far as not committed
by the press, the criminal court has original and appellate jurisdiction.
(a) In small and large villages, in towns with regularly
designated magistrates and with independent municipal organizations,
the authorities mentioned in section 13 of the article of Law
No. 20, of the year 1901, of the primary and appellate courts.
(b) In the capital and residence town of Budapest,
and in the districts of Neupest and Rakospalota, the head of the
prefectory of the district shall have original jurisdiction. On
appeal, the local governor of the district or his deputy, with
appeal to the Minister of the Interior in the third instance.
Chapter VII.
Final Articles
article 49.
For the purpose of founding an emigration fund according
to section 34, 80,000 crowns are appropriated for the year 1903.
article 50.
At the moment of this law becoming operative, the
law of the year 1881, as well as all decrees relative to emigration,
are annulled.
article 51.
The Minister of the Interior is authorized to fix
the date when this law is to take effect, as well as when its
administration shall begin.
Budapest, November 5th, of the year 1902.
(Signed) Koloman Szell.
Continue with the balance of Chapter 14,
Austria Hungary
Back to The Problem of the Immigrant Table of Contents
Back to Genealogical Research in Slovakia
Back to Genealogical Research in the Czech Republic
FIRST NAME
LAST NAME
|
|
