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An act to alter and amend an act passed in the seventh year of the reign of His Majesty King James the First, entitled "An act that all such as are to be naturalized or restored in blood shall first receive the sacrament of the Lord's Supper, and the oath of allegiance, and the oath of supremacy." (6 Geo. 4, c. 67.)

An act to amend the laws relating to aliens. (7 and Vict., c. 66.)

An act for the naturalization of aliens. (10 and 11 Vict., c. 83.)

PART II.

ACTS OF THE IRISH PARLIAMENT WHOLLY REPEALED.

An act for encouraging Protestant strangers and others to inhabit and plant in the kingdom of Ireland. (14 and 15 Chas. 2, c. 13.)

An act for naturalizing of all Protestant strangers in this kingdom. (2 Anne, c. 14.) An act for naturalizing such foreign merchants, traders, artificers, artisans, manufacturers, workmen, seamen, farmers, and others as shall settle in this kingdom. (19 and 20 Geo. 3, c. 29.)

An act for extending the provisions of an act passed in this kingdom in the nineteenth and twentieth years of His Majesty's reign, intituled "An act for naturalizing such foreign merchants, traders, artificers, artisans, manufacturers, workmen, seamen, farmers, and others as shall settle in this kingdom." (23 and 24 Géo. 3, c. 38.)

An act to explain and amend an act intituled "An act for naturalizing such foreign merchants, traders, artificers, artisans, manufacturers, workmen, seamen, farmers, and others who shall settle in this kingdom." (36 Geo. 3, c. 48.)

PART III.

ACTS PARTIALLY REPEALED.

An act for reviving, continuing, and amending several statutes made in this kingdom heretofore temporary. (4 Geo. 1, c. 9; act of Irish Parliament.) Extent of repeal: So far as it makes perpetual the act of 2 Anne, c. 14.

An act for consolidating and amending the laws relative to jurors and juries. (6 Geo. 4, c. 50.) Extent of repeal: The whole of sec. 47.

An act consolidating and amending the laws relating to jurors and juries in Ireland. (3 and 4 Will. 4, c. 91.) Extent of repeal: The whole of sec. 37.

COLONIAL NATURALIZATION.

Doubts having arisen whether the Act 7 and 8 Vict. c. 66, of 1844, extended to the colonies, an act was passed in 1847 (10 and 11 Vict., c. 83) declaring that it did not extend to the colonies, and that all laws, statutes, or ordinances duly passed or to be passed within Her Majesty's colonies or possessions abroad conferring the privileges of naturalization within the limits of such colonies were valid, subject to the usual confirmation by the Crown.

It may be interesting to notice the naturalization acts at present in force in the principal colonies.

ANTIGUA, GRENADA, ST. VINCENT.1

In Antigua, (Act No. 739, October, 1861,) Grenada, (Act No. 230, 1858,) and St. Vincent, (Act of October, 1857, sect. 17,) alien immigrants of African descent, arriving from the United States, or from the British North American colonies, who may have entered or may enter into a written contract of service for not less than a year, shall after three years' residence enjoy all the privileges of a natural-born subject upon taking the oath of allegiance before the governor, in the presence of the secretary to the government. This officer is to keep a register of the names, &c., of such naturalized immigrants, and the register, or an official extract is, upon proof of the identity of the immigrant, to be evidence of his rights.

BAHAMAS.'

By the colonial act, No. 11 Vict., cap. 4, passed 22d March, 1848, aliens become naturalized upon taking the oath of allegiance and obtaining a certificate from the governor in council under the great seal of the colony that the oath has been taken. The cer

1 Colonization Circular, No. 27, 1868, published by the Emigration Commissioners.

tificate is obtainable on presentation to the governor in council of a memorial setting forth full particulars respecting the memorialist and the grounds on which the privi leges of naturalization are sought, and when obtained the certificate must be recorded in the office of the public secretary and registrar of records. The fees are to be regulated by the governor in council and to be paid into the public treasury.

BARBADOS, ST. VINCENT, ST. LUCIA, GRENADA.1

In Barbados, St. Vincent, St. Lucia, Grenada, and generally in the minor West Indian colonies, there is no general naturalization law, but special acts are required on each occasion.

BERMUDA.1

In this colony the rights of aliens and the steps to be taken for obtaining naturalization are prescribed by a colonial act, No. 11 of 1857. They are similar in their main features to those in force in New South Wales.

The time, however, within which the oath is to be taken is extended to three calendar months from the date of the certificate of naturalization. The oath is to be taken before the governor, and a memorandum of the fact indorsed on the certificate, which document is to be registered in the colonial secretary's office, and then enrolled in the court of the chancery.

BRITISH COLUMBIA.1

In this colony the privileges of aliens are at present regulated by a proclamation,dated 14th May, 1859, and issued by the governor, under the authority of the imperial act, 21 and 22 Vict., cap. 99, and of his commission. By this proclamation aliens have the same capacity to hold and transmit landed and real estate of every description as natural-born British subjects, and after a residence of three years may demand naturalization on producing a declaration of residence and character from some British subject, on making himself a declaration of residence, and on taking the oath of allegiance. The latter declaration must be made and oath taken before a justice of the peace, who is to declare that he knows no reason why the applicant should not be naturalized. These conditions being fulfilled, the court of British Columbia is to record the proceedings, and the alien is then to be deemed a British subject for all purposes whatsoever while within the colony. The cost of this process is 18s. Aliens, wives of British subjects, are to be deemed to be naturalized.

The naturalization may be annulled (in addition to the penalties for perjury) if any party to either of the above declarations is convicted of perjury therein.

BRITISH GUIANA.

In this colony there is no general act for naturalization. A special ordinance is therefore passed on each occasion, authorizing the governor to issue letters-patent, granting to the alien the rights and capacities of naturalization.

The letters-patent must be recorded in the registrar's office of the counties of Demerara and Essequibo, and within ten days from their date the alien must take and subscribe the oath of allegiance before a judge of the supreme court, and a certificate thereof is issued by the registrar of the court, whose certificate is to be received as sufficient evidence of the fact.

These ordinances are reserved for Her Majesty's pleasure, and do not take effect until the same has been notified in the official gazette of the colony.

CANADA.

Naturalization act, 22 Vict., c. 8, 1859:

Section 1. "Every alien residing in any part of this province before or since 1-th January, 1849, with intent to settle therein, and who, after a continued residence of three years or upwards, has taken the oaths or affirmations of residence and allegiance, shall thenceforth enjoy and transmit all the rights and capacities which a natural-born subject of Her Majesty can enjoy and transmit."

OATH OF RESIDENCE.

Section 2. "I, A. B., do swear that I have resided three years in this province with intent to settle therein, without having been, during that time, a stated resident in any foreign country. So help me GOD."

The oath of allegiance is the same as in the English act of 1844.

Colonization Circular, No. 27, 1868, published by the Emigration Commissioners. Parliamentary papers on British Columbia, Part 3, 1860.

These oaths are to be taken before the justices of the peace at quarter sessions, or before the recorder, and a certificate is to be at the same time produced, signed, if practicable, by a magistrate, testifying to the truth of the statement as to residence.

Thereupon the clerk of the court is to issue a certificate, stating that "under and by virtue of the said act, the said A. B. hath obtained all the rights and capacities of a natural born British subject within this province."

Section 7. Any woman married to a natural-born British subject, or person naturalized under the authority of this act, to be deemed naturalized, and have all the rights and privileges of a British subject.'

Section 10. The rights to be enjoyed under this act to be subject to the conditions and limited to the province, as provided by the act of the Imperial Parliament. There are no disabling clauses.

CAPE OF GOOD HOPE.

By a proclamation issued on the 2d day of May, 1817, by the then governor-general, Lord Charles Henry Somerset, deeds of burghership, subject to the approbation of the Crown, can be granted to all foreigners and aliens of good character and conduct applying for the same, provided they shall have resided for the last five successive years within the settlement, and upon their taking the usual oths of allegiance, and paying the usual fees for the deed of burghership in addition to a stamp of 181. 158.

By an act, No. 8, of 1856, all former laws, customs, or usages inconsistent with the act are repealed, and from its promulgation (4th June, 1856,) aliens may purchase, acquire, and own fixed property in the colony, in like manner as natural-born subjects. But beyond this nothing in the act is to be taken as naturalizing any aliens or bestowing upon them any of the privileges conferred by deeds of burghership.

By an act, No. 37, of 1861, the governor is empowered to grant letters of naturalization to any alien of full age and good character, and able to read and understand some European language, and to write his name, provided he has been resident in the colony five years, or is married to a natural-born British subject, or possesses unencumbered landed property in the colony of not less value than 3001,

This act also provides that naturalization elsewhere within British dominion shall hold good at the Cape.

The fee for these letters of naturalization is fixed at 201.

HONDURAS,

The naturalization act for this colony, 18 Vict., cap. 18, was proclaimed 19th July, 1855. It is similar to the New South Wales act. By the 23d section immigration act, 24 Viet., cap. 5, passed in 1861, every immigrant born out of the British dominions who shall have obtained or become entitled to a certificate of industrial residence, shall immediately thereafter become entitled to all such privileges as are conferred by the act 18 Vict., cap. 18, on naturalized alions, except the capability to become a member of assembly, which privilege, however, may be allowed by the superintendent.

HONG-KONG.

By the colonial ordinance, No. 2, of 1853, assed on the 17th November of that year aliens, though not naturalized, may acquire and dispose of real estate within the colony as effectually as natural-born subjects. The ordinance confers no other rights on aliens.

JAMAICA.

The governor may by instrument under the broad seal make any alien or foreigner coming to settle and plant in the island, having first taken the oath of allegiance, to be completely naturalized, and the persons named to enjoy the same immunities and rights to the laws of this island as natural-born subjects.

The statute 13 Geo. II, c. 7, naturalizing foreign Protestants and others settling in the colonies, to be in full force and operation.

The alien disabled from being a member of the council or assembly.

The provisions, &c., as to the rights of aliens, enacted by the English act of 1844, made applicable to Jamaica by 14 Viet., c. 40., 1851.

By another act, 22 Vict., cap. 1. (Nov., 1858,) every "6 immigrant" born out of the British dominions, who may obtain or become entitled to a "certificate of industrial

3

This clanse, which is the same as the 16th section of the English act, is repeated in all the colonial acts. Colonization Circular, 1868. Digest of laws of Jamaica, by the attorney-general of Jamaica, Ed. 1865, p. 5.

residence" under the act, thereby becomes entitled to all the privileges of a naturalborn subject within the island. An immigrant is defined to be any person introduced at the public expense from certain specified places.

NATAL

Under the law No. 1, of 1860, the lieutenant-governor is authorized and empowered to grant, under the public seal of the colony, letters of naturalization to any alien who shall have attained the full age of 21 years, and who shall be able to read and understand one or more of the languages of Europe, and to write his name, and shall have presented to the said governor a memorial praying to be naturalized; and every such alien, prior to obtaining such letters of naturalization, shall pay into the treasury of the colony a sum of five pounds sterling.

No alien shall (except as in the next succeeding section is excepted) be capable of receiving letters of naturalization unless he shall have been a resident within the colony during the five years immediately preceding the presentation of his memorial praying to be naturalized.

Any alien who shall be married to a natural-born subject of Her Majesty the Queen, or who, being married to an alien, shall have had by his said wife, during their marriage and residence within the colony, not less than three children, and any alien who shall be the owner of landed property within the colony, and registered in his name, of not less a value than 3001., over and above all special conventional mortgages affecting the same, shall be capable of obtaining letters of naturalization, although he shall not have resided in the colony for five years.

No letters of naturalization shall be granted to any alien who is an uncertificated insolvent, or of unsound mind, or has been convicted and sentenced for treason, murder, rape, theft, fraud, perjury, forgery, or any other infamous crime.

When such letters of naturalization shall have been obtained by any alien he shall be bound to take the oath of allegiance to Her Majesty the Queen.

Any alien woman already married or who shall be hereafter married to a naturalborn subject or person naturalized under this or any other law, shall be deemed and taken to be herself naturalized. All minor children, alien born, of any alien parent, who shall himself or herself be naturalized under this or any other law, and which children shall be within the colony at the time of the naturalization of their parent, shall be themselves naturalized ipso facto by such naturalization.

NEW BRUNSWICK,1

The colonial act, 24 Vict., c. 24, April 1861, required one year's residence and an oath of allegiance. By the Dominion Consolidation act, however, (cap. 66, 1868,) the process of naturalization in New Brunswick has been assimilated to that previously in force in Canada. (See Canada.)

NEWFOUNDLAND.

By a colonial act, 19 Vict., cap. 20, passed on the 12th May, 1856, the governor may, by letters-patent under the great seal of the colony, naturalize any alien resident

therein.

Within ten days thereafter the alien must take and subscribe in duplicate, before a judge of the supreme court, the oath of allegiance, one copy of which is to be filed in the registry of the court, and the other in the office of the government secretary. The alien is then entitled to all the privileges and subject to all the liabilities of a naturalborn subject.

The judge shall, if required, certify on the letters of naturalization that the oath has been taken, which certificate shall be evidence of its contents.

NEW SOUTH WALES.3

(11 Vict., No. 39, 1848.)

The same as the English act of 1844, mutatis mutandis.

The governor to grant the certificates.

Section 4 disables from being a member of the executive or legislative councils. The rights and capacities conferred by the certificate limited to "within the said colony."

1 Colonization Circular, 1868. Dominion act c. 66, 1868. Callagham's Statutes of New South Wales, vol. ii, p. 1830.

Naturalized aliens who shall have resided in the colony for three years, being otherwise qualified, are entitled to vote at elections, and, after five years' residence, to be elected members of the assembly.

NEW ZEALAND.1

The colonial act (30 Vict. No. 17, 1866) is the same as the English act, mutatis mutandis, with the following additional provisions:

Persons resident in the colony who have been naturalized in the United Kingdom, or in any British colony on the continents of Australia, (including Tasmania,) Africa, or America, may, if the governor thinks fit, be naturalized in New Zealand on exhibiting the certificate of naturalization and stating in their memorials that such certificate has been obtained without fraud or intentional false statement, and that the signature and seal, if any, thereto are genuine.

The colonial secretary is to enroll all letters of naturalization and a certified copy of every such certificate, and shall be entitled to a fee of 11. from every person to whom the letters are granted, and shall cause indices to be made to such letters and certificates, which shall be open for inspection or copying on payment of a fee of 18. for sach inspection.

The penalty for false statements in the memorial is the avoidance of the letters of naturalization (except against bona-fide purchasers for valuable consideration) in addition to the penalties of perjury. All pre-existing rights are saved, whether of aliens or natural-born subjects.

NOVA SCOTIA.

After one year's residence, and on taking the oath of allegiance, the alien was entitled to all the rights and privileges of a British subject within the province, under the colonial act of 1858, (Title 8, c. 43.)

By the Dominion act, however, (c. 66, 1868,) the Canadian naturalization law was extended to Nova Scotia. (See Canada.)

PRINCE EDWARD ISLAND.8

(Naturalization law, April 17, 1862.)

After seven years' residence, and on taking the following oath, the alien is entitled to "all the privileges of a natural-born subject of Her Majesty:"

OATH.

"I, A. B., of do swear that I have resided seven years in this island, without having during that time been a stated resident in any foreign country, and that I will be faithful and bear true allegiance to the sovereign of Great Britain and Ireland, and of this island as dependent thereon. So help me God."

It is somewhat remarkable that the period of seven years required by the act of Geo. 2, and which the Americans complained against as excessive in the Declaration of Independence, should be purposely retained to this day in Prince Edward Island.

QUEENSLAND.

A colonial act passed in 1867 contains the same clauses as the English act with regard to the possession of leasehold property by aliens and the rights of aliens descended from British mothers, with the following additional provisions:

1. Any alien, native of a friendly European or North American state, can become naturalized on taking an oath of allegiance.

2. No Asiatic or African alien to be naturalized unless he has resided in the colonies for three years, and is married, and his wife resident in the colonies at the time of his naturalization.

Asiatic and African aliens only to be naturalized on obtaining a certificate from the governor, subject to such reservations as he may thing fit to insert in such certificate. Such aliens disqualified from being members of the executive or legislative council, or legislative assembly.

Colonization Circular, 1868. Revised Statutes of Nova Scotia, 2nd series, p. 153. Laws of Prince Edward Island, vol. ii. p. 567. 4Queensland Act, 31 Vict., December 28, 1867.

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