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officers, and, on a separate sheet, a succinct report of the voyage completed. The captain is obliged to furnish him means of going on land and returning on board.

If requested, he shall assist the consular officers in the operation of embarking or disembarking the emigrants.

ART. 165. Upon returning to an Italian port, the military physician or the commissioner shall deliver to the harbor master a diary of the voyage, and to the inspector of immigration the following documents:

(a) A special report on the working of the service during the entire voyage, on the events which have occurred, on the operations conducted in the ports of call, on the fitness of the steamer to transport emigrants in view of the provisions of the laws and regulations, as well as on all other matters which he may deem worthy of mention for the betterment of the service.

(b) The journal of complaints referred to in article 82, and complaints made to him by the emigrants, and the record of violations which he may have drawn up.

In case of grave mistreatment having been committed on board during the voyage by the officers, to the detriment of members of the crew, the military physician or the commissioner shall make mention of the matter in his report in order that the commissioner's department may take the matter into account in considering whether to revoke or renew the license.

VIII. Special provisions.

ART. 166. When, in a steamer devoted to the transportation of emigrants, there are other classes besides that to which emigrants are assigned, usually called the third class, the commissioners of immigration shall, after carrying out the proper investigation and taking into account the fares paid by the passengers, the treatment accorded them, and all other circumstances likely to furnish clues from which to form a judgment, decide without appeal in each case whether any of the other classes are to be considered equivalent to the third class for the purposes of article 6 of the law. NOTE. The following are articles 14, 15, and 16 of royal decree No. 130, of March 14, 1909:

ART. 14. The commission of inspection as to fitness is obliged to examine all of the lodging apartments of passengers, and to declare according to the rules established by the commissioner's department what apartments on each steamer are third class, taking into account their equipment and requisites. The transporter shall be obliged to comply with the judgment of the commission, except that he shall have the right of appeal to the commissioner's department within fifteen days following the departure of the steamer.

The transporter must announce to the harbor master, who is president of the commission making the inspection for fitness, all variations introduced into the lodging apartments of the various classes.

Upon receiving such announcement, the president of the commission, with the consent of the inspector of immigration, shall briefly examine as to whether, in consequence of the changes made in the arrangements, there have been created new apartments which may be declared to belong to third class. In this latter case the steamer shall be subjected to a new special inspection.

ART. 15. The commission or preliminary inspector shall examine all the apartments intended for lodging passengers and give immediate notice to the harbor master if he finds apartments which he deems ought to be considered third class.

Upon receiving such notice, the harbor master shall immediately call a meeting of the commission on fitness inspection in order to ascertain the facts in accordance with the foregoing article.

ART. 16. The royal traveling commissioner and the inspection commissioner, when they ascertain that there are classes on board the steamer which may be declared equivalent to the third class, must give immediate notice of the fact to the commissioner's department.

ART. 167. In articles 63, 88, 99, 101, 102, 110, 112, 124, 125, 126, 129, and 191 of these regulations the word emigrant is used to signify a person who has attained the age of 10 years, or else two children between 1 and 10 years of age, in accordance with the provisions of article 108 above.

ART. 168. Steamers devoted to the transportation of emigrants shall not stop over thirty-six hours in each intermediate port of the voyage in progress, except in case of unavoidable accident; and the total duration of the stops made shall not exceed one-fourth the total duration of the voyage, computed from the date of the departure to that of arrival at the port of destination. Upon the return of the steamer, the harbor master, proceeding in the manner indicated in the last paragraph of article 96, shall order the necessary investigations to ascertain whether or not longer stops

in the ports of call, or the increased duration of the voyage, are justified by unavoidable accidents. A record relating to the subject should be transmitted, together with the opinion of the harbor master, to the ministry of the navy, which shall judge beyond appeal, giving its decision to the commissioner's department. The steamer shall be prohibited from taking in tow during the voyage any ship or craft whatsoever, excepting cases in which aid is lent to vessels in peril.

ART. 169. When the steamer, save in case of unavoidable accident, consumes a larger number of days in the voyage (including stops) than that indicated by the transporter or his representatives in the tickets sold to the emigrants, said transporter shall be liable, for every day consumed in addition, to a fine not exceeding 1,000 lire, according to article 31, paragraph 7, of the law. One day's grace shall be granted to steamers which have maintained an average speed exceeding 14 miles per hour. The transporter and his representatives shall be forbidden to state on the passage ticket that the voyage shall continue a greater number of days than that publicly announced by them.

ART. 170.a Transporters of emigrants, who convey third-class passengers of Italian nationality from a foreign transoceanic port directly to Italy, must obey all the provisions contained in the regulations regarding speed, nautical conditions, arrangement, and equipment of steamers, and they must also comply with the provisions in force concerning the treatment of emigrants with regard to victuals, hygiene, medical assistance, the spaces in the dormitories, and the free area on deck. Unless authorized by the commissioner's department, the transporter of emigrants shall not exceed the price of passage established for outward voyages, in accordance with article 14 of the law.

In the case of return voyages of steamers which have departed from Italy with emigrants, the government physician shall continue, up to the arrival in the Italian port of debarkation, to have the direction of the hygienic services and the care of all matters concerning the third-class passengers, persons who are not Italians having the privilege of securing the attendance of the physician embarked by the transporter. If the latter has not embarked a physician of his own, the government physician shall also assume medical attendance of the other passengers and the crew. Said physician, or in his default the government commissioner, shall continue discharging the duties of surveillance in regard to third-class Italian passengers.

These provisions shall be applicable also in case of transshipment of third-class Italian passengers in the ports of the Mediterranean.

Before steamers, Italian or foreign, undertake the return voyage, the government physician shall see that the necessary washing and disinfecting have been done in order that the hygiene on board may answer the conditions imposed for departure from Italian ports in every respect and especially with regard to the berths, mattresses, and covers. A transporter, whether Italian or foreign, who, through his own agents in countries beyond the ocean, issues passenger tickets to Italian emigrants desirous of returning home, must comply with the provisions of article 74 of the regulations, as regards the information to be placed on the ticket.

On the passenger tickets it must also be specified whether the passenger is to be transported directly to the Italian port of destination, or whether there is to be a transshipment in an intermediate foreign or Italian port to another steamer, or conveyance by railroad. In case there is transshipment in a Mediterranean port to another steamer, the latter must possess the requisites provided by article 1 of the present decree (article 63 of the regulations); and the government physician or the royal commissioner taking his place must also embark on said steamer, together with the passengers, in order to look after them.

If the departure is then delayed, the transporter shall be obliged, whatever be the cause of the delay, to provide the expense of the victuals and lodging of the emigrant who has reached the port of embarkation, from the date of departure indicated on the ticket until the day on which the departure takes place, complying with the rules which shall be established in this regard by the Italian consular officers of the place. NOTE. The following is article 19 of royal decree No. 130, of March 14, 1909: The following provisions are substituted in place of those of royal decree No. 411, of June 28, 1909:

The captain of a national or foreign steamer which is not inscribed on the license of a transporter undertaking voyages from American ports must, if he embarks more than fifty third-class Italian passengers, or passengers of an equivalent class, bound for a port of Italy, provide himself with a special license from the royal Italian consular authorities.

This license may be granted:

a Text modified by royal decree No. 130, of March 14, 1909 (art. 18).

(a) If the steamer has not been previously excluded or struck off the emigration

service.

(b) If the steamer is bound for one of the ports indicated in article 9 of the law on emigration.

(c) If the steamer has the requisites of speed, nautical qualities, arrangement, and equipment, in accordance with the provisions contained in the present decree and in the regulations approved by royal decree No. 375, of July 10, 1901, and modified by decree No. 540, December 11, 1902.

(d) If the third-class passengers are given treatment with respect to victuals and lodging not inferior to that required for emigrants leaving Italy.

(e) If the steamer embarks an Italian physician authorized by the consul, for the hygienic care and medical attendance of the passengers.

The consular authority shall make the license subject, if he deems proper, to a previous inspection of the steamer which he shall have made by experts of his confidence at the expense of the captain.

The license shall indicate all the conditions imposed upon the captain.

The captain shall, upon reaching an Italian port in which he has to disembark passengers, send the list prescribed by article 185 of the regulations on emigration to the inspector of emigration.

The consul may, in order to issue the license, require that the steamer be subjected in Italy to the special inspection referred to in article 138 of the regulations.

As soon as the steamer has reached an Italian port in which it has to land passengers, the physician shall send to the inspector of emigration a report on the progress of the service during the voyage and on the events which have occurred.

The inspector of emigration shall proceed at once on board, before the steamer is permitted to disembark the third-class passengers, and make the inspection prescribed by article 186 of the regulations.

If the captain has not provided himself with a consular license, the landing of the passengers shall not be permitted from the steamer unless the emigration inspector, or an officer of the sanitary police, according to whether it is a port indicated in article 9 of the law on emigration or another port, has acquiesced therein. The inspector of emigration or the officer of the sanitary police shall proceed to make the inspection referred to above and to ascertain any violations which may have been made by the captain.

The consular license shall also be obligatory, under observance of the conditions indicated in paragraphs d and e, with respect to steamers navigating under license and on which no royal commissioner is embarked.

ART. 171 a An Italian emigrant returning home on an Italian or foreign steamer belonging to a transporter of emigrants, may present a complaint to the military physician or the traveling commissioner, or to the inspector of emigration, regarding injuries which he may have received in the course of the voyage through the negligence of the transporter or his agents.

A board of arbitration in the port of arrival in Italy shall be competent to judge in accordance with the rules established by law and the present regulations.

NOTE. The following is article 20 of royal decree No. 130, of March 14, 1909: Provisions shall be made for possible transshipment in intermediary ports, and for landing in ports of arrival, of passengers of the third class or equivalent class and of their baggage, in accordance with the rules established by the commissioner's department, under the supervision and at the expense of the transporter, or of the captain in case of a ship not carrying a transporter's license.

ART. 172. In case a sailing vessel should be authorized to transport emigrants on transoceanic voyages, it shall be subject to the provisions of these regulations as far as applicable, save the modifications which the harbor master, in agreement with the inspector of emigration, may deem convenient to establish in view of special circumstances.

ART. 173. Without prejudice to the application of heavier penalties provided by the penal code, the Merchant Marine Code, and other laws, infractions of the provisions of the present title shall be punished by a fine up to 1,000 lire, in accordance with article 31, paragraph 7, of the law.

NOTE. The following is article 23 of royal decree No. 130, of March 14, 1909: Without prejudice to the application of higher penalties provided by other laws, infractions of the provisions of the present decree shall be punished by a fine up to 1,000 lire, in accordance with article 31, paragraph 7, of the law of emigration, No. 23, of January 31, 1901.

Text modified by royal decree No. 540, of December 11, 1902.

STATE IMMIGRATION AND ALIEN LAWS.

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