ARTICLE XXV—OF PASSPORTS.

 

§645.  Every person who may have resided on these islands for more than thirty days, wishing to leave the Kingdom, shall make application to the collector of the port from which he intends to sail, for a passport.

 

§646.  It shall be lawful for the collectors of customs, and in case of their sickness or absence, for their respective deputies, to grant passports to all applicants for the same, as provided in the last preceding section, upon the payment of one dollar, the price of the stamp, except in the following cases:

 

First.  In case of the indebtedness or obligation to pay money, of the applicant, to the Government or to any private individual, of which the collector has received written notice, accompanied by a request not to grant a passport;

 

Second.  In case the applicant is a party defendant in a suit, civil or criminal, pending before any court in this Kingdom, of which the collector shall have received written notice;

 

Third.  In case of a writ of ne exeat regno¸or any other process to arrest or stay the departure of the applicant, shall have been issued by any court of the Kingdom, of which the collector shall have received notice in writing;

 

Fourth.  In case of a written complaint being made to the collector, that the applicant is about to depart the Kingdom, leaving his wife or family unprovided for.

 

That Section 646 of the Civil Code be, and the same is hereby amended, by adding another clause as follows:

 

Fifth.  All protests against the granting of a passport shall be made on a stamped form, to be furnished by the collector of customs, for which a charge of three dollars shall be made.

 

That Section 646 of the Civil Code is hereby amended by adding a new clause to be entitled “Sixth,” which shall read as follows:

 

Sixth.  The written notice, complaint or protest and accompanying request not to grant a passport required by this section, shall be duly attested by oath as to the truth of the claim or debt owing by the person applying for a passport made before a collector of customs, or his deputy, of the port where application for a passport is made, and unless so attested shall have no effect against granting a passport, and after the expiration of ten days from the presentation of the said written notice, complaint and protest, it shall be the duty of the said collector of customs or his deputy to grant a passport to the person designated in said notice, complaint or protest, unless said collector of customs or his deputy shall, within this time be satisfied that in some court having jurisdiction, a suit has been commenced to enforce the said claim or collect the said debt; and on receiving written notice thereafter of the termination of said suit or the filing of an approved bond conditioned to pay the amount claimed by the person protesting against the issuing of such passport in case the suit shall terminate adversely to him, it shall be th eduty of the said collector of customs or his deputy, to grant such passport, anything in this Act containing to the contrary notwithstanding.

 

Section 2.  A passport shall not be refused to any laborer who may have served out a written contract to labor, or has been duly discharged from service by reason of any demand, claim or debt arising out of said contract to labor made by or owing to his employer or any person in his behalf.

 

§647.  Every collector of customs may, after granting a passport, cancel the same, upon being satisfied that it was obtained by any deceit or misrepresentation; or that the permission to leave the Kingdom will work great wrong or injustice to the Government, or to any individual.  The collector shall, within twenty-four hours after cancelling any such passport, give written notice of such cancellation to the master or commanding officer of every vessel in port, either by personal service, or by leaving the same on board such vessel, and shall forward a like notice to the Government Gazette for publication.

 

§648.  No passport shall be construed to prevent the arrest of any person obtaining the same, upon process issuing out of any court of the Kingdom.

 

§649.  Every person who shall depart from any port in the Kingdom with the intention of leaving the same, without first obtaining a passport, shall be subject to a fine not exceeding one hundred dollars, in the discretion of the court.

 

§650.  Every collector who shall grant a passport contrary to the provisions of Section 646, and shall refuse to cancel the same in accordance with the provisions of Section 647, previous to the departure of the person obtaining the same, shall be subject to a fine not exceeding one hundred dollars, in the discretion of the court; and the party injured thereby may have his remedy against him by a civil action.

 

§651.  Every master or commanding officer of a vessel, who shall convey out of this Kingdom any person not having a passport, shall be subject to a fine of fifty dollars, and be liable for all debts which such person may have left unpaid in this Kingdom; and if he shall fail to pay such fine and debts, such vessel shall be subject to seizure, condemnation and sale for the payment thereof: provided always,  if the master or commanding officer of such vessel shall by the aid of the police of this Kingdom make a thorough and faithful search of the vessel after clearance, and previous to passing the boundaries of the jurisdiction of this Kingdom, with a view to guard against persons making their escape, such master or commanding officer of a vessel shall not be liable to said fine or liable for the payment of the debts which such person may have left unpaid in this Kingdom, nor shall the vessel be liable to seizure and confiscation.  And provided further,  that none of the provisions of this Section or Article, shall be construed as applicable to any seaman legally shipped on board of any vessel.

 

§652.  Nothing in this article contained shall be construed as contrary to Section 453, which provides for the granting of passports by the Minister of Foreign Affairs in certain cases.

 

§653.  Any person who has obtained a passport to leave the Kingdom, who may leave and return within one year, may leave again under the same passport, there being no written notice filed against him; provided it be vised by the collector of the port, at which any such party may embark.  After the lapse of one year a new passport shall be required.

 

§654.  In all cases in which any collector shall have refused, or cancelled a passport, on any of the grounds set forth in Sections 646 and 647, such collector may, in case such applicant shall file with him a sufficient bond with sureties to be approved by him, conditioned that said applicant will pay the amount of his indebtedness, or obligation, or abide the results of the suit, and pay the amount of any judgment that may be rendered against him in any pending suit, or provide for the support of his family, as the case may be, issue a passport to the party applying for the same.

 

 

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