Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 1, 1873

AN ACT to amend the law relating to the legal condition of aliens and British subjects. [12th May, 1870.]

[12th May, 1870.]

Whereas it is expedient to amend the law relating to the legal condition of aliens and British subjects:

Be it enacted by the Queen’s most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. This act may be cited for all purposes as “The Naturalization Act, 1870.”

2. Real and personal property of every description may be taken, acquired, held, and disposed of by an alien in the same manner in all respects as by a natural-born British subject) and a title to real and personal property of every description may be derived through, from, or in succession to an alien, in the same manner in all respects as through, from, or in succession to a natural-born British subject: Provided, (1.) That this section shall not confer any right on an alien to hold real property situate out of the United Kingdom, and shall not qualify an alien for any office, or for any municipal, parliamentary, or other franchise: (2.) That this section shall not entitle an alien to any right or privilege as a British subject, except such rights and privileges in respect of property as are hereby expressly given to him: (3.) That this section shall not affect any estate or interest in real or personal property to which any person has or may become entitled, either mediately or immediately, in possession or expectancy, in pursuance of any disposition made before the passing of this act, or in pursuance of any devolution by law on the death of any person dying before the passing of this act.

3. Where Her Majesty has entered into a convention with any foreign state to the effect that the subjects or citizens of that state who have been naturalized as British subjects may divest themselves of their status as such subjects, it shall be lawful for Her Majesty, by order in council, to declare that such convention has been entered into by Her Majesty; and from and after the date of such order in council, any person, being originally a subject or citizen of the state referred to in such order, who has been naturalized as a British subject, may, within such limit of time as may be provided in the convention, make a declaration of alienage, and from and after the date of his so making such declaration such person shall be regarded as an alien, and as a subject of the state to which he originally belonged, as aforesaid.

A declaration of alienage may be made as follows; that is to say,—If the declarant be in the United Kingdom, in the presence of any justice of the peace, if elsewhere in Her Majesty’s dominions, in the presence of any judge of any court of civil or criminal jurisdiction, of any justice of the peace, or of any other officer for the time being authorized by law in the place in which the declarant is to administer an oath for any judicial or other legal purpose. If out of Her Majesty’s dominions, in the presence of any officer in the diplomatic or consular service of Her Majesty.

4. Any person who by reason of his having been born within the dominions of Her Majesty is a natural-born subject, but who also at the time of his birth became, under the law of any foreign state, a subject of such state, and is still such subject, may, if of full age and not under any disability, make a declaration of alienage in manner aforesaid, and from and after the making of such declaration of alienage such person shall cease to be a British subject. Any person who is born out of Her Majesty’s dominions of a father being a British subject may, if of full age, and not under any disability, make a declaration of alienage in manner aforesaid, and from and after the making of such declaration shall cease to be a British subject.

5. From and after the passing of this act, an alien shall not be entitled to be tried by a jury de medietate linguœ, but shall be triable in the same manner as if he were a natural-born subject.

expatriation.

6. Any British subject who has at any time before, or may at any time after the passing of this act, when in any foreign state and not under any disability, voluntarily become naturalized in such state, shall, from and after the time of his so having become naturalized in such foreign state, be deemed to have ceased to be a British subject and be regarded as an alien; Provided, (1.) That where any British subject has, before the passing of this act, voluntarily become naturalized in a foreign state, and yet is desirous of remaining a British subject, he may, at any time within two years after the passing of this act, make a declaration that he is desirous of remaining a British subject, and upon such declaration, herein-after referred to as a declaration of British nationality, being made, and upon his taking the oath of allegiance, the declarant shall be deemed to be and to have been continually a British subject; with this qualification, that he shall not, when within the limits of the foreign state in which he has been naturalized, be deemed to be a British subject, unless he has ceased to be a subject of that state in pursuance of the laws thereof, or in pursuance of a treaty to that effect: (2.) A declaration of British nationality may be made, and the oath of allegiance be taken as follows; that is to say—if the declarant be in the United Kingdom in the presence of a justice of the peace; if elsewhere in Her Majesty’s dominions, in the presence of any judge of any court of civil or criminal jurisdiction, of any justice of the peace, or of any other officer for the time being authorized by law in the place in which the declarant is to administer an oath for any judicial or other legal purpose. If out of Her Majesty’s dominions, in the presence of any officer in the diplomatic or consular service of Her Majesty.

naturalization and resumption of british nationality.

7. An alien who, within such limited time before making the application hereinafter mentioned as may be allowed by one of Her Majesty’s principal secretaries of state, either by general order or on any special occasion, has resided in the United Kingdom for a term of not less than five years, or has been in the service of the Crown for a term of not less than five years, and intends, when naturalized, either to reside in the United Kingdom, or to serve under the Crown, may apply to one of Her Majesty’s principal secretaries of state for a certificate of naturalization.

The applicant shall adduce in support of his application such evidence of his residence or service, and intention to reside or serve, as such secretary of state may require. The said secretary of state, if satisfied with the evidence adduced, shall take the case of the applicant into consideration, and may, with or without assigning any reason, give or withhold a certificate as he thinks most conducive to the public good, and no appeal shall lie from his decision, but such certificate shall not take effect until the applicant has taken the oath of allegiance.

An alien to whom a certificate of naturalization is granted shall, in the United Kingdom, be entitled to all political and other rights, powers, and privileges, and be subject to all obligations to which a natural-born British subject is entitled or subject in the United Kingdom, with this qualification, that he shall not, when within the limits of the foreign state of which he was a subject previously to obtaining his certificate of naturalization, be deemed to be a British subject unless he has ceased to be a subject of that state in pursuance of the laws thereof, or in pursuance of a treaty to that effect.

The said secretary of state may, in manner aforesaid, grant a special certificate of naturalization to any person with respect to whose nationality as a British subject a doubt exists, and he may specify in such certificate that the grant thereof is made for the purpose of quieting doubts as to the right of such person to be a British subject, and the grant of such special certificate shall not be deemed to be any admission that the person to whom it was granted was not previously a British subject.

An alien who has been naturalized previously to the passing of this act may apply to the secretary of state for a certificate of naturalization under this act, and it shall be lawful for the said secretary of state to grant such certificate to such naturalized alien upon the same terms and subject to the same conditions in and upon which such certificate might have been granted if such alien had not been previously naturalized in the United Kingdom.

8. A natural-born British subject who has become an alien in pursuance of this act, and is in this act referred to as a statutory alien, may, on performing the same conditions and adducing the same evidence as is required in the case of an alien applying for a certificate of nationality, apply to one of Her Majesty’s principal secretaries of state for a certificate herein-after referred to as a certificate of re-admission to British nationality, re-admitting him to the status of a British subject. The said secretary of state shall have the same discretion as to the giving or withholding of the certificate as in the case of a certificate of naturalization, and an oath of allegiance shall in like manner be required previously to the issuing of the certificate.

A statutory alien to whom a certificate of re-admission to British nationality has been granted shall, from the date of the certificate of re-admission, but not in respect of any previous transaction, resume his position as a British subject; with this qualification, that within the limits of the foreign state of which he became a subject, he shall not be deemed to be a British subject, unless he has ceased to be a subject of that foreign state according to the laws thereof, of in pursuance of a treaty to that effect.

The jurisdiction by this act conferred on the secretary of state in the United Kingdom in respect of the grant of a certificate of re-admission to British nationality, in the case of any statutory alien being in any British possession, may be exercised by the governor of such possession; and residence in such possession shall, in the case of such person, be deemed equivalent to residence in the United Kingdom.

9. The oath in this act referred to as the oath of allegiance shall be in the form following; that is to say,

“I, ——— ———, do swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, her heirs, and successors, according to law. So help me God.”

national status of married women and infant children.

10. The following enactments shall be made with respect to the national status of women and children: (1.) A married woman shall be deemed to be a subject of the state of which her husband is for the time being a subject: (2.) A widow being a natural-born British subject, who has become an alien by or in consequence of her marriage, shall be deemed to be a statutory alien, and may as such at anytime during widowhood obtain a certificate of re-admission to British nationality in manner provided by this act: (3.) Where the father being a British subject, or the mother being a British subject and a widow, becomes an alien in pursuance of this act, every child Of such father or mother who, during infancy, has become resident in the country where the father or mother is naturalized, and has, according to the laws of such country, become naturalized therein, shall be deemed to be a subject of the state of which the father or mother has become a subject, and not a British subject: (4) Where the father, or the mother being a widow, has obtained a certificate of re-admission to British nationality, every child of such father or mother who, during infancy, has become resident in the British dominions with such father or mother, shall be deemed to have resumed the position of a British subject to all intents: (5.) Where the father, or the mother being a widow, has obtained a certificate of naturalization in the United Kingdom, every child of such father or mother who, during infancy, has become resident with such father or mother in any part of the United Kingdom, shall be deemed to be a naturalized British subject.

supplemental provisions.

11. One of Her Majesty’s principal secretaries of state may, by regulation, provide for the following matters: (1.) The form and registration of declarations of British nationality: (2.) The form and registration of certificates of naturalization in the United Kingdom: (3.) The form and registration of certificates of re-admission to British nationality: (4.) The form and registration of declarations of alienage: (5.) The registration by officers in the diplomatic or consular service of Her Majesty of the births and deaths of British subjects who may be born or die out of Her Majesty’s dominions, and of the marriages of persons married at any of Her Majesty’s embassies or legations: (6.) The transmission to the United Kingdom for the purpose of registration or safe-keeping, or of being produced as evidence, of any declarations or certificates made in pursuance of this act out of the United Kingdom, or of any copies of such declarations or certificates, also of copies of entries contained in any register kept out of the United Kingdom in pursuance of or for the purpose of carrying into effect the provisions of this act: (7.) With the consent of the treasury the imposition and application of fees in respect of any registration authorized to be made by this act, and in respect of the making any declaration or the grant of any certificate authorized to be made or granted by this act.

The said secretary of state, by a further regulation may repeal, alter, or add to any regulation previously made by him in pursuance of this section.

Any regulation made by the said secretary of state in pursuance of this section shall be deemed to be within the powers conferred by this act, and shall be of the same force as if it had been enacted in this act, but shall not, so far as respects the imposition of fees, be in force in any British possession, and shall not so far as respects any other matter be in force in any British possession in which any act or ordinance to the contrary of or inconsistent with any such direction may for the time being be in force.

12. The following regulations shall be made with respect to evidence under this this act: (1.) Any declaration authorized to be made under this act may be proved in any legal proceeding by the production of the original declaration, or of any copy thereof certified to be a true copy by one of Her Majesty’s principal secretaries of state, or by any person authorized by regulations of one of Her Majesty’s principal secretaries of state to give certified copies of such declaration, and the production of such declaration or copy shall be evidence of the person therein named as declarant having made the same at the date in the said declaration mentioned: (2.) A certificate of naturalization may be proved in any legal proceeding by the production of the original certificate, or of any copy thereof certified to be a true copy by one of Her Majesty’s principal secretaries of state, or by any peraon authorized by regulations of one of Her Majesty’s principal secretaries of state to give certified copies of such certificate: (3.) A certificate of re-admission to British nationality may be proved in any legal proceeding by the production of the original certificate, or of any copy thereof certified to be a true copy by one of Her Majesty’s principal secretaries of state, or by any person authorized by regulations of one of Her Majesty’s principal secretaries of state to give certified copies of such certificate: (4.) Entries in any register authorized to be made in pursuance of this act shall be proved by such copies, and certified in such manner as maybe directed by one of Her Majesty’s principal secretaries of state, and the copies of such entries shall be evidence of any matters by this act or by any regulation of the said secretary of state authorized to be inserted in the register: (5.) The documentary-evidence act, 1868, shall apply to any regulation made by a secretary of state, in pursuance of, or for the purpose of carrying into effect any of the provisions of this act.

miscellaneous.

13. Nothing in this act contained shall affect the grant of letters of denization by Her Majesty.

14. Nothing in this act contained shall qualify an alien to be the owner of a British ship.

15. Where any British subject has in pursuance of this act become an alien, he shall not thereby be discharged from any liability in respect of any acts done before the date of his so becoming an alien.

16. All laws, statutes, and ordinances which may be duly made by the legislature of any British possession for imparting to any person the privileges, or any of the privileges, of naturalization, to be enjoyed by such person within the limits of such possession, shall within such limits have the authority of law, but shall be subject to be confirmed or disallowed by Her Majesty in the same manner, and subject to the same rules in and subject to which Her Majesty has power to confirm or disallow any other laws, statutes, or ordinances in that possession.

17. In this act, if not inconsistent with the context or subject-matter thereof: —“disability” shall mean the status of being an infant, lunatic, idiot, or married woman: “British possession” shall mean any colony, plantation, island, territory, or settlement within Her Majesty’s dominions, and not within the United Kingdom, and all territories and places under one legislature are deemed to be one British possession for the purposes of this act: “The governor of any British possession” shall include any person exercising the chief authority in such possession: “Officer in the diplomatic service of Her Majesty:” shall mean any embassador, minister, or chargé d’affaires, or secretary of legation or any person appointed by such embassador, minister, chargé d’affaires, or secretary of legation to execute any duties imposed by this act on an officer in the diplomatic service of Her Majesty. “Officer in the consular service of Her Majesty” shall mean and include consul-general, consul, vice-consul, and consular agent, and any person for the time being discharging the duties of consul-general, consul, vice-consul, and consular agent.

repeal of acts mentioned in schedule.

18. The several acts set forth in the first and second parts of the schedule annexed hereto shall be wholly repealed, and the acts set forth in the third part of the said schedule shall be repealed to the extent therein mentioned; Provided, That the repeal enacted in this act shall not affect—(1.) Any right acquired or thing done before the passing of this act: (2.) Any liability accruing before the passing of this act: (3.) Any penalty, forfeiture, or other punishment incurred or to be incurred in respect of any offense committed before the passing of this act: (4.) The institution of any investigation or legal proceeding, or any other remedy for ascertaining or enforcing any such liability, penalty, forfeiture, or punishment as aforesaid.

SCHEDULE.

Note.—Reference is made to the repeal of the “whole act” where portions have been repealed before, in order to preclude henceforth the necessity of looking back to previous acts.

This schedule, so far as respects acts prior to the reign of George the Second, other than acts of the Irish Parliament, refers to the edition prepared under the direction of the record commission, intituled “The Statutes of the Realm; printed by command of His Majesty King George the Third, in pursuance of an address of the House of Commons of Great Britain. From original records and authentic manuscripts.”

PART I.

acts wholly repealed, other than acts of the irish parliament.

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. (7 Jas. 1, c. 2.)

An act to enable His Majesty’s natural-born subjects to inherit the estate of their ancestors, either lineal or collateral, notwithstanding their father or mother were aliens. (11 Will. 3, c. 6.¹)

An act for naturalizing such foreign Protestants and others therein mentioned, as are settled or shall settle in any of His Majesty’s colonies in America. (13 Geo. 2, c. 7.)

An act to extend the provisions of an act made in the thirteenth year of his present Majesty’s reign, intituled “An act for naturalizing foreign Protestants and others therein mentioned, as are settled or shall settle in any of His Majesty’s colonies in America, to other foreign Protestants who conscientiously scruple the taking of an oath.” (20 Geo. 2, c. 44.)

An act to explain two acts of Parliament: one of the thirteenth year of the reign of his late Majesty, “for naturalizing such foreign Protestants and others as are settled or shall settle in any of His Majesty’s colonies in America;” and the other of the second year of the reign of his present Majesty, “for naturalizing such foreign Protestants as have served or shall serve as officers or soldiers in His Majesty’s royal American regiment, or as engineers in America.” (13 Geo. 3, c. 25.)

An act to prevent certain inconveniences that may happen by bills of naturalization. (14 Geo. 3, c. 84.)

An act to declare His Majesty’s natural-born subjects inheritable to the estates of their ancestors, whether lineal or collateral, in that part of Great Britain called Scotland, notwithstanding their father or mother were aliens. (16 Geo. 3, c. 52.)

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 8 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 snail settle in this kingdom.” (23 and 24 Geo. 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.²

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.³

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 certificate 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 privileges 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.⁴

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.⁵

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.⁶

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 this⁷ 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 18th 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.

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.⁸

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.⁹

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 18 l. 15s.

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 300l.

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 20 l.

HONDURAS.¹⁰

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 Vict., 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 aliens, except the capability to become a member of assembly, which privilege, however, may be allowed by the superintendent.

HONG-KONG.¹¹

By the colonial ordinance, No. 2, of 1853, passed 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.¹²

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 Vict., c. 40., 1851.

By another act, 22 Vict., cap. 1. (Nov., 1858,)¹³ every “immigrant” born out of the British dominions, who may obtain or become entitled to a “certificate of industrial residence” under the act, thereby becomes entitled to all the privileges of a natural-born subject within the island. An immigrant is defined to be any person introduced at the public expense from certain specified places.

NATAL.¹⁴

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 300 l., 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 natural-born 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,¹⁵

The colonial act, 24 Vict., c. 24, April 1861, required one year’s residence and an oath of allegiance. By the Dominion Consolidation¹⁶ 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 natural-born 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.¹⁷

(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.”

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

NEW ZEALAND.¹⁸

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 1 l. 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 1 s. for each 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.

NOYA SCOTIA.¹⁹

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.²⁰

(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.²¹

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.

oath of allegiance.

“I, A. B., do sincerely promise and swear that I will be faithful and bear true allegiance to her Majesty Queen Victoria as lawful sovereign of the United Kingdom of Great Britain and Ireland and of the colony of Queensland, dependent and belonging to the said United Kingdom, and that I will defend her to the utmost of my power against all traitorous conspiracies and attempts whatsoever, which shall be made agaist her person, crown, and dignity; and that I will do my utmost endeavor to mate known to her Majesty, her heirs and successors, all treasons and traitorous conspiracies and attempts which I shall know to be against her or any of them. So help me God.”

The fees under this act are remarkably small, viz: oath, 1s.; filing record, 1s.; certificate, 2s. 6d.; so that any white alien can be naturalized for 4s. 6d.

ST. KITTS AND ANGUILA.²²

By a local act, No. 127, passed on the 3d February, 1857, all domiciled or resident liberated Africans are to be deemed to be natural-born subjects, and capable of holding and conveying real and personal estate. The children, wherever born, of a mother a natural-born subject are made capable of taking real or personal estate by purchase or descent; and wives of natural-born or naturalized subjects are to be deemed to be naturalized.

Aliens, subjects of a friendly state, may acquire and hold either real or personal estate as effectually as natural-born subjects, but they are not thereby made capable of becoming members of the council or of the assembly, nor of voting at the election of members of the assembly.

SIERRA LEONE.²³

By the imperial act, 16 and 17 Vict., cap. 86, (20 Aug., 1853,) liberated Africans domiciled or resident in Sierra Leone are to be deemed within the colony to be natural-born subjects as from the date of their arrival, and to be capable of holding and transmitting any estate, real or personal, within the colony. Power is given to the local legislature to alter or repeal any of the provisions of the act so far as they relate to the right to real property. Liberated Africans are also to be considered as British subjects for the purposes of treaties with native chiefs,

SOUTH AUSTRALIA.²⁴

By the colonial amending and consolidating act, No. 5, of 1864, every person born of a mother who is a natural-born or naturalized subject is capable of holding real or personal estate.

Friendly aliens may hold every description of property whether real or personal.

A certificate of naturalization may be applied for by any alien, and upon receipt of such application, countersigned by a justice of the peace, the governor, if he think fit, shall direct the applicant to take the oath of allegiance before one of the judges of the superior court, and, on such oath being taken, he shall issue letters of naturalization. The fee for obtaining the certificate in duplicate is 1l.1s.

The effect of this certificate is to vest all the rights and privileges of a natural-born British subject in such naturalized alien.

A subsequent act, 23 and 24 Vict., No. 20, provides that aliens who obtain certificates of naturalization in any British colony or possession may obtain the privileges of naturalization in South Australia on lodging with the registrar-general of the colony their original certificates of naturalization together with a true copy thereof. The original is then returned with an indorsement that the alien had made the declaration and taken the oath of allegiance prescribed by the act.

The fee for this process is fixed at 10s.6d.

TASMANIA.²⁵

By a colonial act, 25 Vict., No. 2, passed in November, 1861, repealing 5 Will. 4, No. 4,

the governor in council is empowered, on the presentation of a memorial, stating particulars, to issue a certificate granting all the rights and capacities of a natural-born British subject within the colony, such certificate to be enrolled in the supreme court, and an oath of allegiance to be taken before a judge or commissioner of the supreme court, (within 60 days from the date of the certificate,) who will grant a certificate of the taking and subscribing the oath. The cost of the whole process is 6s.

TRINIDAD.²⁶

In this island a special ordinance of naturalization is required on each occasion, to obtain which the alien must present a petition to the governor. When the ordinance has been passed, and the alien has taken the oath of allegiance before the governor, he becomes entitled, within the limits of the colony, to all the privileges of a natural-born subject.

The taking of the oath is to be immediately certified by the governor, and the certificate is to be recorded in the registrar-general’s office.

These ordinances are reserved for Her Majesty’s pleasure, and do not take effect until it has been signified.

TURK’S ISLAND AND CAICOS ISLAND.²⁷

By the colonial act, No. 1, Vict., c. 4, passed 22d March, 1848, aliens become naturalized upon taking the oath of allegiance and obtaining a certificate from the president in council, under the great seal of the colony, that the oath has been taken. The certificate is obtainable on presentation to the president of a memorial setting forth the grounds on which the privileges of naturalization are sought, and when obtained it must be recorded in the office of the public secretary and registrar of records. The fees are to be regulated by the president in council.

By ordinance No. 8, of 1857, (passed 17th October, 1857, and confirmed 13th February, 1858,) aliens may hold lands, salt ponds, &c., (except salt ponds at Turk’s Island,) on lease not exceeding 21 years, which lease may be renewed at the end of the term.

VICTORIA.²⁸

The colonial act, 28 Vict., No. 256, which came into operation on the 1st of June, 1865, and is called “The Alien’s Statute, 1865,” repeals the previous acts, 24 Vict., No. 112, and 26 Vict., No. 166. It provides that alien friends resident in the colony may inherit, acquire, hold, and dispose of every description of property, whether real or personal, in the same manner as natural-born subjects of the Crown; and all dispositions made before the passing of this act to or by such aliens are declared to be valid. The governor may, if he thinks fit, grant under the seal of the colony letters of naturalization to resident alien friends, provided they be of good repute and take the oath of allegiance to the British Crown. But they are rendered incapable of being members of the legislative council and the legislative assembly.

To obtain naturalization, the alien is to present a memorial to the governor, signed by himself, and verified on oath, stating his name, age, birthplace, occupation, length of his residence in the colony, and his desire to settle therein. The memorial must be accompanied by a certificate, signed by a warden, police magistrate, or justice of the peace, that the applicant is known to him, and is a person of good repute.

If the application be favorably entertained, the alien must take the oath of allegiance before a judge of the supreme court, or of a county court, or court of mines, or police magistrate, and, on production of a certificate from the judge or magistrate to that effect, the governor in council issues the letters of naturalization” they, and a certified copy of the certificate, are then to be recorded by the chief secretary, for which a fee of 1l. is to be paid.

The penalty for false statements in the memorial is the avoidance of the letters of naturalization (except against purchasers for valuable considerations) superadded to the penalties of perjury.

The alien wives of natural-born or naturalized subjects are to be deemed naturalized.

Persons resident in Victoria who have been naturalized in the United Kingdom, or in any British colony in Australia, (including Tasmania and New Zealand,) Africa, or America, may, if the governor thinks fit, be naturalized in Victoria 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, to the best of their belief, genuine.

WESTERN AUSTRALIA.²⁹

Aliens can become naturalized by local ordinance, which is introduced on their own application, and on payment of 51. for expenses of preparing the bill. The ordinance does not become law until it has received the confirmation of the Crown.

Naturalized aliens may hold lands and enjoy all the rights within the colony of a natural-born subject, except the right of holding anyplace or office of trust in the courts of law or connected with the treasury.

1. 11 and 12 Wm.3. (Ruff.)
2. Colonization Circular, No. 27, 1868, published by the Emigration Commissioners.
3. Colonization Circular, No. 27, 1868, published by the Emigration Commissioners.
4. Colonization Circular, No. 27, 1868, published by the Emigration Commissioners.
5. Colonization Circular, No. 27, 1868, published by the Emigration Commissioners.
6. Colonization Circular, No. 27, 1868, published by the Emigration Commissioners.
7. Parliamentary papers on British Columbia, Part 3, 1860.
8. This clause, which is the same as the 16th section of the English act, is repeated in all the colonial acts.
9. Colonization Circular, 1868.
10. Digest of laws of Jamaica, by the attorney-general of Jamaica, Ed. 1865, p. 5.
11. Colonization Circular, 1868.
12. Digest of laws of Jamaica, by the attorney-general of Jamaica, Ed. 1865, p. 5.
13. Colonization Circular, 1868.
14. Colonization Circular, 1868.
15. Colonization Circular, 1868.
16. Dominion act c. 66, 1868.
17. Callagham’s Statutes of New South Wales, vol. ii, p. 1830.
18. Colonization Circular, 1868.
19. Revised Statutes of Nova Scotia, 2nd series, p. 153.
20. Laws of Prince Edward Island, vol. ii. p. 567.
21. Queensland Act, 31 Vict, December 28, 1867.
22. Colonization Circular, 1868.
23. Colonization Circular, 1868.
24. Colonization Circular, 1868.
25. Colonization Circular, 1868.
26. Colonization Circular, 1868.
27. Colonization Circular, 1868.
28. Colonization Circular, 1868.
29. Colonization Circular, 1868.