Page images
PDF
EPUB

for a term of

years] and intends when naturalized to reside in this

colony [or to serve under the Crown] :

And whereas I have inquired into the circumstances of the case and have received such evidence as I have deemed necessary for proving the truth of the allegations contained in such memorial, so far as the same relate to the memorialist:

Now, in pursuance of the authority given to me by the said ordinances, I grant to the aforesaid this certificate, and declare that he is hereby naturalized as a British subject, and that upon taking the oath of allegiance and recording this certificate and the said oath of allegiance in the manner provided by the said ordinances he shall in this colony 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 this colony; with this qualification, that he shall not, when within the limits of the foreign state of which he was a subject previously to his obtaining this 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. In witness whereof I have hereto subscribed my name this

(Signed)

day of

Governor.

NOTE. The above certificate is void and of no effect unless the following oath is taken before a stipendiary magistrate within two months of the above date:

I,

Oath of allegiance.

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.

Sworn and subscribed before me this

(Signed) day of

1

(Signed)

Stipendiary Magistrate.

NOTE. The above certificate and oath must be recorded in the office of the registrar of British Guiana within three months from the date of the certificate; otherwise the certificate is void and of no effect.

Section.

BRITISH HONDURAS.

[Enclosure in despatch from Mr. Avery, consul at Belize, July 31, 1906.]

CONSOLIDATED LAWS OF THE COLONY OF BRITISH HONDURAS.

PART XIV. Of aliens.

CHAPTER XXXVIII.

1. Capacity of aliens to acquire property.

2. Certificate of naturalization.

3. Form of oath of allegiance.

4. National status of infant children.

5. Form of certificate.

6. Time in which oath of allegiance to be taken.

7. Certificate to be recorded.

8. Fees.

9. Further regulations may be made.

10. Rules as to evidence.

11. Saving as to British ships.

12. Not to affect chapter 5.

13. Fees on readmission to British nationality.

STATUS OF ALIENS IN THE COLONY OF BRITISH HONDURAS.

1. 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) This section shall not qualify an alien for any office or for a seat in the legislative council, or for any municipal, legislative, or other franchise, but a person shall not be deemed to be disqualified for the office of alcalde or interpreter by reason of his being an alien.

(2) 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) 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 19th day of November, 1883, or in pursuance of any devolution by law on the death of any person dying before the 19th day of November, 1883.

NATURALIZATION.

2. An alien who, within such limited time before making the application hereinafter mentioned as may be allowed by the governor in council, either by general order or on any special occasion, has resided in this colony for a term of not less than five years, and intends when naturalized to reside in this colony may apply through the colonial secretary to the governor in council for a certificate of naturalization.

The applicant shall aduce in support of his application such evidence of his residence and intention to reside as the governor in council may require. The governor in council, 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 the governor thinks most conducive to the public good, and no appeal shall lie from such 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 this colony 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 this colony.

An alien who has been naturalized previously to the passing of this chapter may apply to the governor in council for a certificate of naturalization under this chapter, and it shall be lawful for the governor in council 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 this colony.

3. The oath in this chapter referred to as the oath of allegiance shall be in the form following, that is to say:

"I, allegiance to Her according to law.

do swear that I will be faithful and bear true Majesty Queen Victoria, her heirs and successors, So help me God."

NATIONAL STATUS OF INFANT CHILDREN.

4. The following enactments shall be made with respect to the national status of children:

(1) Where the father, or the mother being a widow, has obtained a certificate of naturalization in this colony, every child of such father or mother, who during infancy has become resident with such father or mother in any part of this colony shall within this colony be deemed to be a naturalized British subject.

SUPPLEMENTAL PROVISIONS.

5. The certificate of naturalization shall be in the form given in schedule A of this chapter.

6. The oath of allegiance shall be taken and subscribed within sixty days of the date of the certificate of naturalization, and shall be administered by the colonial secretary or the chief justice, or any justice of the peace whom a dedimus shall be epecially directed for that purpose by the governor.

7. The certificate of naturalization, and oath so taken shall within three months from the date of such certificate, be recorded in the office of the keeper of records, in a special register book to be kept for the purpose, otherwise such certificate shall be void, and of no effect.

8. The fees enumerated in schedule B to this chapter shall be payable by the applicant in respect of a certificate of naturalization, and such fees shall be payable into the public treasury.

9. It shall be lawful for the governor in council to make further regulations in respect of the afore-mentioned supplemental provisions, and to alter or vary the forms or the fees specified in the schedules, and to repeal or alter any such regulation made in pursuance of this section.

10. The following regulations shall apply with respect to evidence under this chapter:

(1) 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 the keeper of records. (2) Entries in any register authorized to be made in pursuance of this chapter shall be proved by copies certified by the keeper of records, and the copies of such entries shall be evidence of matter by this chapter authorized to be inserted in the register.

MISCELLANEOUS.

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

12. Nothing in this chapter contained shall affect the provisions of chapter 5.

13. The fees in schedule C to this chapter shall be paid to the officers respectively as therein directed, in cases where any matter or thing may be done in this colony under the provisions of the imperial act, 33 Victoria, ch. 14, "to amend the law relating to the legal condition of aliens and British subjects," and such fees shall be payable by such officer into the public treasury.

BRITISH HONDURAS, to wit:

SCHEDULE A (SECTION 6).

Know all men by these presents, that by virtue of the provisions of chapter 38 of the consolidated laws, the governor in council has this day been [SEAL.] pleased to grant this certificate of naturalization to

Governor.

of

Given under my hand and the public seal of the colony, this
A. D. 188-.

N. B.

day of

The above certificate is of no effect unless the following oath is taken within sixty days of the above date. (Section 6.)

I,

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

Name of applicant.

Sworn before me this

day of

A. D. 188.
Colonial Secretary (or as the case may be).

N. B. The above must be recorded in the office of the keeper of records, within three months from the date of the certificate, otherwise it is void and of no effect. (Section 7.)

[blocks in formation]

CANADA.

[Enclosures in despatch from Mr. Foster, consul-general, Ottawa, Canada, September 3,

1906.]

[Revised Statutes of Canada.]

CHAP. 113.-AN ACT RESPECTING NATURALIZATION AND ALIENS.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE.

1. This act may be cited as "the naturalization act." 44 V., c. 13, s. 3.

INTERPRETATION.

2. In this act, unless the context otherwise requires

(a) The expression "disability " means the disability of being an infant, lunatic, idiot, or married woman;

(b) The expression "officer in the diplomatic service of Her Majesty" means any ambassador, minister, or chargé d'affaires, or secretary of legation, or any person appointed by such ambassador, minister, chargé d'affaires, or secretary of legation, to execute any duty imposed upon an officer in the diplomatic service of Her Majesty by the act passed by the Parliament of the United Kingdom, known as "the naturalization act, 1870;"

(c) The expression "officer in the consular service of Her Majesty" means and includes consul-general, consul, vice-consul, and consular agent, and any person for the time being discharging the duties of consul-general, consul, vice-consul, or consular agent;

(d) The expression "oath" includes affirmation, in the case of a person allowed by law to affirm in judicial cases;

(e) The expression "county" includes a union of counties and a judicial district or other judicial division;

(f) The expression "alien " includes a statutory alien;

(g) The expression "statutory alien " means a natural-born British subject who has become an alien under this act or any act or acts in that behalf;

(h) The expression "subject "-includes a citizen when the foreign country referred to is a republic. (44 V., c. 13, s. 1, and s. 20, part.)

RIGHTS OF PROPERTY OF ALIENS.

3. Real and personal property of any 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 any 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; but nothing in this section shall qualify an alien for any office, or for any municipal, parliamentary, or other franchise; nor shall anything therein entitle an alien to any right or privilege as a British

« PreviousContinue »