[Inclosure in No. 162.]
Act 77.
AN ACT to prescribe the procedure in proceedings for
naturalization of aliens.
Be it enacted by the Legislature
of the Republic of Hawaii:
Section 1. An alien may be admitted to
become a citizen of the Republic of Hawaii in the following manner,
and not otherwise:
He shall file a petition in writing, verified by oath, with a justice
of the supreme court.
Sec. 2. He must set forth in his petition:
- (1)
- That he has resided in the Hawaiian Islands for not less
than two years,
- (2)
- That he intends to become a permanent citizen of the
Republic of Hawaii.
- (3)
- That he is able understandingly to read, write, and speak
the English language.
- (4)
- That he is able intelligently to explain, in his own
words, in the English language, the general meaning and
intent of any article or articles of the constitution of the
Republic of Hawaii.
- (5)
- That he is a citizen or subject of a country having
express treaty stipulations with the Republic of Hawaii
concerning naturalization (stating the same).
- (6)
- That he is of good moral character and not a refugee from
justice.
- (7)
- That he is engaged in some lawful business or employment
(stating the same) or has some other lawful means of support
(stating the same).
- (8)
- That he is the owner, in his own right, of property in the
Republic of Hawaii, of the value of not less than two
hundred dollars over and above all incumbrances.
- (9)
- That lie has taken the oath prescribed in article 101 of
the constitution of the Republic of Hawaii.
Sec. 3. The petition shall set forth the
petitioner’s name in fall, his age, place of birth, and the date of
his coming into the Hawaiian Islands.
Sec. 4. The petitioner shall at or before
the time of his application to be admitted to citizenship declare
upon oath, and subscribe to the same, that he renounces and abjures
all allegiance and fidelity to every foreign prince, potentate,
state, or sovereignty and particularly, by name, to the prince,
potentate, state, or sovereignty of which he was before a citizen or
subject, whether by birth, naturalization or otherwise, and that he
will bear true allegiance to the Republic of Hawaii. Such oath may
be administered by any person authorized to administer oaths.
Sec. 5. The petitioner shall be required to
prove all the allegations of his petition to the satisfaction of the
justice hearing his application, and said justice is hereby
authorized to examine the petitioner upon oath and to summon and
examine such witnesses as he may deem essential as to the possession
by the petitioner of the qualifications set forth in his
petition.
[Page 388]
Sec. 6. Upon compliance with all the
requirements of this act, the petitioner shall be entitled to
receive a certificate of naturalization in such form as may be
prescribed by the justices of the supreme court, under the hand of
the justice hearing the petition, impressed with the seal of the
supreme court and attested by a clerk thereof.
Sec. 7. The petition, the oath prescribed
by section 4 of this act, a copy of the certificate of
naturalization, and a concise statement of the evidence adduced
shall be preserved among the records of the supreme court.
Sec. 8. Every petition of an alien to be
naturalized shall be stamped as are ordinary petitions to the
circuit courts, and a fee of five dollars shall be charged as costs
of the proceedings.
Sec. 9. If the petitioner shall have
received from the minister of the interior a certificate of service,
as authorized and set forth in section 2 of article 17 of the
constitution of the Republic of Hawaii, he shall not be required to
allege in his petition his possession of the qualifications set
forth in section 2 of this act, but he shall allege in his petition
the receipt of such certificate and shall exhibit the same, or, in
case of loss, a certified copy of the same, to the justice hearing
his application. In all other respects his petition shall comply
with the provisions of this act.
Approved this 15th day of June, A. D.
1896.
Sanford B. Dole,
President of the Republic of
Hawaii.