Emigrants Protection Act

Link to law: http://laws.gov.ag/acts/chapters/cap-150.pdf
Published: 1929

Emigrants Protection (CAP. 150 1

CHAPTER 150

T H E EMIGRANTS PROTECTION ACT

Arrangement of Sections
Section

1 . Short title.
2. Interpretation.
3. Application of Act to foreign country or place.
4. Proceeding to notified place without permit prohibited.
5. Grant of permit to individuals.
6. Granting of permits to persons recruited by recruiting

agents.
7 . Duration of permit.
8. Offences in connection with permits.
9. Recruiting agents.

10. Contract of service.
1 1. Payment by recruiting agent.
12. Offences in connection with recruiting.
13. Deposits by individuals.
14. Deposit by recruiting agent.
15. Deductions from deposits.
16. Distressed emigrants7 fund.
17. Applications of moneys deposited by individuals.
18. Application of money deposited by recruiting agent.
19. Repayment of cost of repatriation.
20. Shipping agent booking passenger to a notified place.
21. Master of ship not to receive passenger for a notified

place without permit or receipt.
22. Master of ship to furnish list of passengers to Commis-

sioner of Police.
23. Power to search ships.
24. List of emigrants to be sent to British Consul.
25. Penalty for offence not otherwise provided for.
26. Power to make regulations.

SCHEDULE.

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Emkrants Protection (CAP. 150 3

EMIGRANTS PROTECTION

(15th June,, 1929.) 1011929.
611931.

S.R.O. 2211956.
1811989.

S.I. 3911989.

1. This Act may be cited as the Emigrants Protection Short title.
Act.

2. In this Act- Interpretation.

"dependant" means the wife of any emigrant, or any
person wholly or partially unable to maintain
himself who has been wholly or partially supported
by any emigrant;

"labourer" includes mechanics, artizans, grooms,
gardeners, porters, labourers, domestic servants and
other persons working at manual labour;

"Master" includes a captain of an aircraft and
"Master's list" shall be construed accordingly;

"notified place" means any place named by the Cabinet
by any notice for the time being in force under
section 3;

6 ' permit" means a permit to leave Antigua and Barbuda
for a notified place granted in accordance with the
provisions of this Act, and in the prescribed form;

"recruiting agent" means any person who engages any
other person in Antigua and Barbuda to proceed
to a notified place under a contract of service;

"registered recruiting agent" means a recruiting agent
registered under section 9;

"ship" includes aircraft and "shipping agent" shall be
construed accordingly.

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CAP. 150) Emigrants Protection

Application of
Act to foreign

3. It shall be lawful for the Cabinet, by notice in the
country or place. Gazette, to declare any country or place out of Her Majesty's

Dominions to be a country or place to which this Act shall
apply, and in the same manner to revoke any such declara-
tion relating to any notified country or place.

PERMITS

Proceeding to
notified place

4. From and after the publication in the Gazette of any
without permit notice under section 3 and so long thereafter as such notice
prohibited. remains unrevoked, no person shall proceed from Antigua

and Barbuda to the country or place named in such notice
without a permit granted under the provisions of this Act:

Provided that the Cabinet may, if they think fit, exempt
any person or any class or description of persons from the
obligation to obtain a permit.

Grant of permit 5 . O n application in writing in the prescribed form
to individuals.

by or on behalf of a person desiring to leave Antigua and
Barbuda for a notified place, a permit (which shall be in
duplicate) shall be granted to him by the Commissioner of
Police, or such other person as the Governor-General may
appoint for the purpose:

Provided that the applicant establishes to the satisfac-
tion of such Commissioner or other person-

(a) that he is not a native of Antigua and Barbuda,
or

(b) being a native of Antigua and Barbuda-

(i) that he has already made that notified place
his temporary home; or

(ii) that he is carrying on business in that notified
place; or

(iii) that he is possessed of independent means
sufficient to remove all risk of his having to
be repatriated at any time at the cost of
Antigua and Barbuda; or

(iv) that he has deposited in the Treasury the sum
provided for by section 13 or any regulations
made thereunder.

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Emigrants Protection (CAP. 150 5

6. (1) If any person is recruited by a registered Granting of
permits to recruiting agent a permit (which shall be in duplicate) shall persons recruited

bc granted to such person by the Commissioner of Police by recruiting
agents. or such other person as the Governor-General may appoint

for the purpose, if-

(a) the recruiting agent has paid into the Treasury
the sums provided for in sections 11 and 14 in respect
of such person, and

(6) the recruiting agent and such person have
entered into the contract provided for in section 10.

(2) If any person who has obtained a permit under the
provisions of section 5 and has made a deposit as required
thereby is subsequently recruited by a registered recruiting
agent, such person shall-

(a) on application to the Treasury have such deposit
returned to him;

(b) before any permit is granted to him under the
provisions of this section surrender to the Commissioner
of Police the permit granted to him under section 5.

7. Every permit shall be in force for four weeks from Duration of
permit. the granting thereof and no longer.

8. Any person who- Offences in
connection with

(a) attempts to proceed to any notified place permits.
without a permit (not being a person exempted under
the proviso to section 4) or with a permit which has
become void; or

(6) obtains or attempts to obtain any permit for
himself or for any other person by any false pretence; or

(6) uses or attempts to use for the purpose of pro-
ceeding to any notified place any permit granted to any
other person;

shall be guilty of an offence against this Act and shall be
liable on summary conviction to a fine not exceeding five
hundred dollars.

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6 CAP. 150) Emigrants Protection

RECRUITING AGENTS

Recruiting
agents.

9. (1) No person shall act as a recruiting agent in
Antigua and Barbuda unless he is registered under this Act
as a person entitled so to act in Antigua and Barbuda.

( 2 ) A register of all persons entitled to act as recruiting
agents in Antigua and Barbuda shall be kept by the
Commissioner of Police.

(3) Any person desirous of being registered as a
recruiting agent shall pay into the Treasury the sum of
twenty-four dollars and shall procure a receipt for the same,
he shall then apply to the Commissioner of Police to be
registered, and such officer-

( a ) on view of such receipt, and

(6) on the production of such evidence as he may
deem satisfactory that the applicant is duly authorized
by some person or persons to bind him or them by any
contract of service entered into by him on his or their
behalf with any emigrant,

shall enter the name of the applicant in the register provided
for in subsection (2):

Provided that the Cabinet may at any time cancel the
registration of any person as a recruiting agent and may upon
such cancellation return to such person the whole or any
part of the sum of twenty-four dollars paid by him under
the provisions of this subsection, or may direct that the name
of any person shall be registered in such register notwith-
standing that his application to be registered has been refused.

(4) Subject to the provisions of subsection (3) , any
person registered as a recruiting agent under the provisions
of this section shall remain so registered for a period of twelve
months.

Contract of 10. (1) A registered recruiting agent shall enter into
service.

a contract of service in the prescribed form with every person
recruited by him.

( 2 ) Every such contract shall be executed in the presence
of the Commissioner of Police or any other person appointed
by the Governor-General to grant permits.

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Emigrants Protection (CAP. 150 7

( 3 ) Every such contract shall be executed in triplicate
originals, one of which shall be kept by the recruiting agent,
one by the person recruited, and one by the Commissioner
of Police.

1 . Every registered recruiting agent shall pay into Payment by
recruiting agent.

the Treasury the sum of four dollars and eighty cents in
respect of every person engaged by him to proceed to a
notified place under a contract of service.

12. Any person who- Offences in
connection with

( a ) not being registered as a recruiting agent, shall rec"iting.
engage, agree with, procure, cause, induce or attempt
to engage, agree with, procure, cause or induce any
labourer to proceed to a notified place under contract
of service or otherwise, or to leave any place in Antigua
and Barbuda with a view to proceeding to a notified
place;

(b) by means of intoxication, coercion or fraud,
causes or induces, or attempts to cause or induce, any
labourer to proceed to a notified place, or to enter into
any agreement to so proceed or to leave any place in
Antigua and Barbuda with a view to so proceeding;

(c) being a registered recruiting agent shall employ
or otherwise authorize any person to engage, agree with,
procure, cause or induce, any labourer to proceed to
a notified place, or shall give any remuneration or
reward to any person who has acted in any of the ways
aforesaid;

(d) being a registered recruiting agent shall make
or agree to any variation of the prescribed form of the
contract of service provided for in section 10;

( e ) not being a registered recruiting agent shall
make any promise or give any undertaking, verbal or
otherwise to any labourer, to the effect that if he pro-
ceeds to a notified place he will be given work;

(f) makes any false statement with a view to being
registered as a recruiting agent;

shall be guilty of an offence against this Act and shall be

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8 CAP. 150) Emigrants Protection

liable on summary conviction to a fine not exceeding ten
thousand dollars.

DEPOSITS

Dcposits by 13. Any person applying for a permit under the pro-
individuals. visions of section 5 shall deposit in the Treasury of Antigua

and Barbuda the sum of six dollars or such other sum as
the Cabinet may fix by regulations as sufficient to remove
all risk of that person having to be repatriated at the cost
of Antigua and Barbuda:

Provided that the Cabinet may in specific cases and for
specific periods declare that no sum shall be deposited.

Deposit by
recruiting agent.

14. (1) A registered recruiting agent shall deposit in
the Treasury the sum of six dollars or such other sum as
the Cabinet may fix by regulations for each permit issued
under the provisions of subsection (1) of section 6 in respect
of persons recruited by him:

Provided that the Cabinet may in lieu of such deposit
accept a Bank guarantee in respect of any part of such sum
and a correspondingly reduced deposit.

(2) Neither the person to whom the permit is issued
nor the recruiting agent on behalf of such person shall have
any interest in any sum deposited under the provisions of
subsection (1).

Deductions from 15. Where a permit is granted to any person there
deposits.

shall be deducted from the deposit made by such person or
from the deposit made by a registered recruiting agent in
respect of such person the sum of forty-eight cents; twenty-
four cents thereof shall be deemed a fee in respect of such
permit, and shall be paid into the general revenue of Antigua
and Barbuda and twenty-four cents shall be appropriated
as a contribution toward the costs and expenses of such British
Consulates in notified places as the Cabinet may think fit.

APPLICATION O F MONEYS

Distressed
emigrants' fund.

16. All moneys coming into the hands of the
Accountant-General under sections 9 and 11 shall be car-
ried by him to the credit of a fund to be called "The
Distressed Emigrants' Fund"; and the said fund may be

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Emigrants Protection (CAP. 150

applied as the Cabinet may direct in meeting such expenses
as may be incurred in repatriating or otherwise relieving
natives of Antigua and Barbuda or their dependants who
may become destitute, or incurred in sending any destitute
person in Antigua and Barbuda to his native place out of
Antigua and Barbuda.

17. (1) If any person who has made a deposit under Applications of
moneys deposited section 13 fails to proceed to any notified place, or having by individuals.

proceeded to a notified place returns to Antigua and Barbuda,
such deposit shall be returned to him:

Provided that it shall be lawful to deduct from such
deposit-

(a) any expenses incurred by a British Consular
officer or other like authority in repatriating or other-
wise assisting such person;

(b) any expenses incurred by Antigua and Barbuda
in repatriating or otherwise assisting such person;

( 6 ) any amount which may have been paid to the
dependants of such person during his absence from
Antigua and Barbuda out of moneys provided from the
revenue of Antigua and Barbuda;

(6) the deduction provided for in section 15.

(2) If the Accountant-General is satisfied that any person
who has made a deposit under section 13 is dead, he may
return such deposit to the personal representative of such
person, or to such other person as the Cabinet may direct:

Provided that it shall be lawful to make therefrom the
dcductions provided for in subsection (1).

18. (1) A registered recruiting agent or his ",!P,L:;2;:{ed
principal shall recover from the Accountant-General so much by recruiting
of' the amount deposited by him under the provisions of agent.
section 14 in respect of a recruited person who has returned
to Antigua and Barbuda under the terms of his contract,
as has not been expended by or on behalf of the Govern-
ment in the relief of such recruited person in any place out
of Antigua and Barbuda or in payment of the cost of his
return to Antigua and Barbuda, if the Accountant-General

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10 CAP. 150) Emigrants Protection

is satisfied that the cost of the return of such recruited per-
son to Antigua and Barbuda has been paid by the recruiting
agent or his principal.

(2) Any deposits, or the balance of any deposits made
under the provisions of section 14 in respect of recruited
persons which shall be in the hands of the Accountant-General
after the expiration of twelve months after the making thereof
shall be placed "on deposit" in the Treasury for a period
of five years. If during such period, the recruiting agent or
his principal is able to prove to the satisfaction of the
Accountant-General that any recruited person in respect of
whom any moneys are so on deposit has been repatriated
to Antigua and Barbuda without expense to Antigua and
Barbuda, the Accountant-General shall pay to the recruiting
agent or his principal so much of the moneys so deposited
as represents the cost of such repatriation. If no such claim
is made during such period of five years such moneys so
deposited shall at the end thereof lapse to general revenue.

Repayment of
cost of
repatriation.

19. If any British Consular Officer or other like
authority in any notified place pays the cost of the repatria-
tion to Antigua and Barbuda of any emigrant named in a
permit, such cost not exceeding the sum stated in the permit
to have been deposited in the Treasury by or in respect of
such emigrant shall be repaid out of such sum so deposited.

PASSAGE AND SHIPPING O F EMIGRANTS

Shipping agent 20. (1) Any shipping agent or other person engaged
booking
passenger to a in booking or receiving passengers for any ship, who books
notified place. or receives any passenger to a notified place without the

passenger having first produced and left with him a permit
to such passenger to proceed to the notified place duly signed
by the Commissioner of Police or other person appointed
by the Minister to issue permits, shall be guilty of an offence
against this Act.

(2) The shipping agent or other person aforesaid shall
sign and deliver to the passenger a receipt for the permit
left with him by the passenger, and the receipt shall set out
the date of the permit, the name of the person mentioned
in the permit as the person to whom the permit was granted
and the name of the notified place mentioned in the permit.

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Emigrants Protection (CAP. 150 11

Any shipping agent or other person aforesaid who fails to
dcliver such a receipt shall be guilty of an offence against
his Act.

21. The Master of any ship bound directly or Master of ship
not to receive

indirectly for any notified place, who shall receive or have passenger for a
on board as a passenger any person who is not furnished notified place

without permit with a permit granted to him under this Act or with a receipt or rece;pt,
fix that permit signed by the shipping agent or other person
who booked him as a passenger by that ship, shall be guilty
sf an offence against this Act.

22. (1) The Master of any ship bound directly or Master of ship to
furnish list of indirectly, for any notified place shall, before demanding a passengers to

clearance for his ship, sign in duplicate a passengers' ommissioner of list' L i c e .
that is to say, a list correctly setting forth the name and other
particulars of the ship and of every passenger going by such
ship giving their names and the places to which they have
respectively taken passages.

(2) The passengers' list shall be countersigned by the
Commissioner of Police or by any police officer deputed by
him in writing for the purpose, and then delivered by the
Master to the Customs Officer from whom a clearance is
demanded, and that officer shall thereupon countersign and
rcturn to the Master one copy which will be marked the
"Master's list" and shall retain the other which will be
atached to the outward manifest of the ship

(3) If at any time after the passengers' list has been
signed and delivered as aforesaid any additional passenger
is taken on board, the Master shall add to the Master's list
and also enter on a separate list signed by him the name
and other particulars of such additional passenger.

(4) The separate list shall be countersigned by the Com-
missioner of Police or by any police officer deputed by him
ill writing for the purpose and shall, together with the
blaster's list to which the addition has been made, be
delivered to such Customs Officer who shall thereupon
countersign the Master's list and return the same to the
Master, and shall retain the separate list, and so on in like
manner whenever any additional passenger is taken on board.

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CAP. 150) Emifrants Protection

(5) The Master of any ship who fails to comply with
any of the requirements of this section shall be guilty of an
offence against this Act.

Power to search
ships.

23. (1) It shall be lawful for any police officer to go
on board any ship bound directly or indirectly for any notified
place, or on board any ship in which he suspects any
passenger from Antigua and Barbuda to be, whose destina-
tion is a notified place, and to require the Master of the ship
to produce to him any passenger on board such ship who
has taken passage from Antigua and Barbuda, and any
Master who fails to comply with any such requisition shall
be guilty of an offence against this Act.

(2) It shall be lawful for any police officer to search such
ship for, and to cause to be removed from such ship, if found,
any passenger whose destination is a notified place and who
has not been granted a permit under this Act.

(3) If a person is found on board such ship with intent
to obtain a passage therein without the consent of the owner,
charterer, or Master thereof, he shall be guilty of an offence
against this Act, and shall be liable on summary conviction
to a fine not exceeding one thousand dollars and any person
so found on board may be arrested without warrant by any
police officer.

GENERAL

List of emigrants
to be sent to
British Consul.

Penalty for
offence not
otherwise
provided for.

Power to make
regulations.

24. A list of all persons proceeding to any notified
place, whether proceeding individually or under contract of
service entered into with a registered recruiting agent shall
be sent by the Minister to the British Consular Officer of
the country or place to which such persons are proceeding.

25. Every person guilty of an offence against this Act
for which no penalty is therein expressly provided shall be
liable on summary conviction to a fine not exceeding ten
thousand dollars.

26. The Cabinet may make regulations prescribing
the forms of application, of permit and of contract to be used
under this Act:

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Emigrants Protection (CAP. 150 13

Provided that until such regulations are made the forms
in the Schedule shall be used. Schedule.

SCHEDULE S. 26

FORM I

Application for a permit under the Emigrants Protection Act.

I ........ ................. ...... ........... of .......... .....................
desire to proceed to a notified place, and
hereby apply for a permit authorizing me to do so.

( a ) I am not a native of
( 6 ) I have already made

See ( f ) if he is
proceeding under ,

my temporary contract of
home service.

( c ) I am carrying on business in
(d) I am possessed of independent means
( e ) I am a native of and have deposited

in the Treasury the sum of , to cover the
cost of my repatriation if necessary.

V) I am a native of and I am
proceeding to under a contract of service
with dated which appears
to be in accordance with the law, and the sum of
has been paid into the Treasury on my behalf by

of a registered recruiting agent.

Dated at the day of

Signature of Applicant.

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14 CAP. 150) Emigrants Protection

FORM I1

Form of Permit.

is permitted to leave Antigua and Barbuda for
he having satisfied me that he

See (f) if he is
proceeding under

(a) is not a native of
contract of (b) has already made
service. home

his temporary

( 6 ) is carrying on business in
(4 is possessed of independent means
(e) is a native of and has deposited

in the Treasury the sum of to cover the
cost of his repatriation if necessary.

V) is a native of , and is proceeding
to under a contract of service with
dated which appears to be in accordance
with the law and that the sum aforesaid has been paid into
the Treasury in respect of him by
of a registered recruiting agent.

Dated at the day of

NOTE-This permit shall be in force for one month from the
granting thereof and no longer.

If the applicant comes under the terms of any one of
the six provisions ( a ) , (b) , (c), (d ) , (e) or Cf) above the other
five may be struck out.

This permit should be retained as a voucher by the per-
son to whom it is granted in the event of his being entitled
to a refund of the sum deposited by him in the Treasury.
Any claim by the representatives of any deceased emigrant
to such deposit should be supported by the production of
his permit and a certificate of his death endorsed thereon
by the British Consular Authority in the place where he died.

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Emigrants Protection (CAP. 150

FORM I11

Form of Agreement

Memorandum of Agreement made this day of
, 19 , between of
for and on behalf of

of (hereinafter called the
employer) of the one part and
of (hereinafter called the
labourer) of the other part.

Subject to the provisions of the Emigrants Protection Act,
the labourer hereby agrees to serve the employer as
at for the term of
months, and to obey all lawful and reasonable orders of the
employer or his overseers or authorized agents; in consideration
whereof and subject as aforesaid the employer agrees with the
labourer to convey him free of cost, whether for transport or
maintenance, to his place of employment, and as from the date
of his departure from Antigua and Barbuda in which he was
recruired to pay him wages at the rate of Per

, together with adequate daily rations
or an allowance in lieu thereof at the rate of
Per ; such wages and allowance (if any) to
be paid not less frequently than once a month.

The employer further agrees to provide the said labourer with
medicine and medical attendance when sick; and also within one
month after the expiration of this contract to convey the labourer
free of cost, whether for transport or maintenance, to the place
from which he first embarked for the purpose of fulfilling this
contract.

The employer further agrees that he will not at any time deduct
from the said wages of the labourer or otherwise obtain from the
labourer the sum br any part thereof deposited by him or his agent
in respect of the labourer under the provisions of the Emigrants
Protection Act.

It is further mutually agreed that this contract shall be
cognizable before and enforceable in the Courts of Antigua and
Barbuda, or the Courts of at the option
of the labourer.

In witness whereof the parties have hereunto set their hands
the day and year first above written.

Signed by the said
on behalf of the

said employer
Signed by the said labourer

I

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16 CAP. 150) Emigrants Protection

I hereby certify that this contract was executed in my presence
in accordance with the provisions of section 10 of the Emigrants
Protection Act.

NOTE-This contract must be executed in triplicate originals, one
of which shall be kept by the recruiting agent, one by the
labourer and one by the Commissioner of Police.
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