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to arise before the beginning of the then next Session, pay the surplus to the Receiver-General, to the credit of the Consolidated Revenue Fund of Canada.
In case of dis. 8. For the purposes of this Act, the person who shall fill the
het office of Speaker at the time of any dissolution of Parliament, Speaker to act until another shall be deemed to be the Speaker until a Speaker shall be is chosen. chosen by the new Parliament; and in the event of the death, Case of death or disability, or absence from Canada of the Speaker, during provided for.
c. any dissolution or prorogation of Parliament, any three of the
Commissioners may execute any of the purposes of this Act.
ficer, or Me
Speaker may 9. If any complaint or representation shall at any time be 8uspend or re
as the made to the Speaker for the time being, of the misconduct or case may be, unfitness of any Clerk, Officer, Messenger or other person any Clerk, Of. ottandon
& attendant on the House of Commons, now or hereafter to be songer, guilty appointed, it shall be lawful for the said Speaker to cause an isconduct. enquiry to be made into the conduct or fitness of such person ;
and if thereupon it shall appear to the Speaker that such person has been guilty of misconduct, or is unfit to hold his situation, the Speaker may, if such Clerk, Officer, Messenger or other person has been appointed by the Crown, suspend him and report such suspension to the Governor, and if he has not been appointed by the Crown then the Speaker may suspend or remove such person, as the case may be, and such person shall be so suspended or removed, as the case may be, accordingly.
Clerk and 10. Immediately after the passing of this Act, the Clerk of other officers the House of Commons shall take and subscribe before the to take Oath of Allegiance. Speaker the oath of allegiance, and all other Officers, Clerks
and Messengers of the House of Commons shall take and subscribe before the Clerk of the House of Commons, the oath of Allegiance; and every Officer, Clerk or Messenger who shall hereafter be appointed, shall, before entering upon the duties of his office, take and subscribe the same oath; and the Clerk of the House of Commons shall keep a register of all such oaths.
tiho shall berdegiance; and eveof the House shall take".
11. For the purposes of this Act, all sums payable to Memspecting the bers of the House of Commons under the Members' Indemnity fiscal years 1867-8 and Act, and all sums voted and appropriated in the present Session 1868-9. of Parliament, for payment of salaries, allowances, contingent
expenses, and stationery of the House of Commons for the fiscal year ending on the thirtieth day of June, one thousand eight hundred and sixty-eight, and for the fiscal year ended on the thirtieth day of June, one thousand eight hundred and sixty-nine, shall be deemed and taken as having been estimated under the second section of this Act, and shall be subject to the several provisions of this Act in respect of the mode of payment thereof respectively, and of the disposal of any surplus thereof.
12. All sums of money which under the eighth section of Members' The Members' Indemnity Act, might heretofore have been ad- lodemnity Act
amended, so as vanced to the Clerk of the House of Commons, shall after the to agree with passing of this Act, be paid over to the Minister of Finance for this Act. the purposes of this Act and shall be subject to the provisions thereof: so much of the seventh or of the ninth section of the said Act, as relates to the Clerk of the House of Commons shall be repealed after the passing of this Act, and the Accountant shall thereafter perform the duties assigned to the Clerk by the said seventh section.
See pages 131, 132 ante.
C. S. CAN. CAP. 8.
The whole of this Statute is repealed by 31 V. c. 66, sec. 14 (Dom.), except section 9, which is as follows :
en shall have convey, province, as
he same powers as to
9. Every Alien shall have the same capacity to take, hold, Alien to have possess, enjoy, claim, recover, convey, devise, impart and transmit Real Estate in all parts of this Province, as Natural-born Real Estate as
Subjects of or Naturalized Subjects of Her Majesty, in the same parts Hitler thereof respectively:
2. Provided always, that nothing herein contained shall alter, Proviso. impair or affect or be construed to alter, impair or effect in any manner or way whatsoever, any right or title legally vested in or acquired by any person or persons whomsoever before the twenty-third day of November, 1849.
29 VICT. CAP. 16. An Act to enable aliens to transmit and take real
property in this Province by descent.
[Assented to 18th September, 1865.]
HEREAS it is desirable that aliens should have the right Preamble. to transmit and totake real estate by descent: Therefore,
Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:
of real estate
those of na.
Rights of 1. The real estate in any part of this Province of any alien aliens with res- a. pect to the
es dying intestate, shall descend and be transmitted as if the same transmission had been the real estate of a natural born or naturalized subby descent to Ject 01
ject of Her Majesty, and every alien shall have the same capabe the same as city to take real estate in any part of this Province by descent,
in as natural born and naturalized subjects of Her Majesty, in
the same parts thereof respectively; and this provision shall be construed and have effect as if it had been contained in the
Act passed in the twelfth year of Her Majesty's Reign, inti12 V. c. 197. tuled: An Act to repeal a certain Act therein mentioned, and
to make better provisions for the naturalization of aliens ; ProExisting rights vided always, that nothing herein contained shall alter, impair
or affect in any manner or way whatsoever, any right or title legally vested in or acquired by any person or persons whomsoever, before the twenty-third day of November, in the year one thousand eight hundred and forty-nine.
and in the eveffect as iely; an
31 VICT., CAP. 66.
An Act respecting Aliens and Naturalization.
[Assented to 22nd May, 1868.]
W HEREAS the laws in force in the Provinces of Ontario
and Quebec, in the Province of Nova Scotia, and in the Province of New Brunswick, providing for the naturalization of Aliens are various, and are local and limited in their effects; and whereas it is expedient that one uniform provision should be made for Canada with respect to the naturalization of Aliens, saving always the rights, titles and claims of all persons, according to the laws of each Province, at the time of the passing of this Act; and whereas it is also expedient to provide that the benefits heretofore obtained by any person by naturalization in any part of Canada shall henceforth extend to and be available for such person in every other part of Canada : Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows :
g to tin ways the rigwith respect to the unifor
LOCALLY NATURALIZED SUBJECTS OF HER MAJESTY.
Provincia) 1. Each and every person who, being by birth an Alien, had, naturalization an on hefore the passir
nded to on or before the passing of this Act, become entitled to the the Dominion. privileges of British birth, within any part of Canada, by vir
tue of any general or special Act of Naturalization in force in such part of Canada, shall hereafter be entitled to all the privileges by this Act conferred on persons naturalized under this Act.
NATURALIZATION OF ALIENS.
2. Every Alien-born woman married to a natural-born Bri- Alien-born
in woman natutish subject, or person naturalized under the authority of this wa Act or of any law either of the Province of Nova Scotia, or of marriage with the Province of New Brunswick, or of the late Province of subjec Canada, or of the late Province of Upper Canada, or of the late Province of Lower Canada, shall be deemed to be herself naturalized, and shall have all the rights and privileges of a naturalborn British subject.
3. Every Alien (not being a woman married to a natural-born Other aliens or naturalized British subject) now residing in, or who shall may
aholi may become
naturalized by hereafter come to reside in any part of this Dominion, with in- residence, &c. tent to settle therein, and who after a continued residence therein for a period of three years or upwards, has taken the oaths or affirmations of residence and allegiance, and procured the same to be filed of record as hereinafter prescribed, so as to entitle him or her to a Certificate of Naturalization as hereinafter provided, shall thenceforth enjoy and may transmit all the rights and capacities which a natural-born subject of Her Majesty can enjoy or transmit.
4. Every such Alien (not being a woman married to a natu- Oath of resiral-born or naturalized British subject) in order to become taken for that
dence to be entitled to the benefit of this Act, shall take and subscribe the purpose. following Oath of Residence, or being one of those persons who are allowed by the Laws of the Province in which he or she then is, to affirm in judicial cases, shall make affirmation to the same effect, that is to say :
Oath of Residence.
“I, A. B., do swear (or, being one of the persons allowed by Form. “ Law to affirm in judicial cases, do affirm) that I have resided " three years in this Dominion, with intent to settle therein, “ without having been during that time a stated resident in “any foreign country. So help me God.”
2. And every such Alien, in order to become entitled to the And also oath benefit of this Act, shall also take and subscribe the following of a Oath of Allegiance, (or being one of those persons who are allowed, by the Laws of the Province in which he or she then is, to affirm in judicial cases, shall make affirmation to the same effect,) that is to say :
Oath of le gian ce.
“I, A. B., do sincerely promise and swear (or, being one of Form. “the persons allowed by Law to affirm in judicial cases, do
"affirm) 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 Jominion of “ Canada, dependent on 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 what“ ever which shall be made against Her Person, Crown and “ Dignity; and that I will do my utmost endeavour to disclose " and make 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; and all this I “do swear without any equivocation, mental evasion, or secret "reservation. So help me God.”
i benerous conso Her to the said Unghof
“do swearow to be against
Before whom 3. And every such oath or affirmation shall be taken and oath or affir
i subscribed by such Alien, and may be administered to him or mation shall
her by any Judge of any Court of Record in that Province of Canada in which such Alien resides, or by any person authorised to administer oaths in any of the Courts hereinafter mentioned, or by any Commissioner to be appointed by the Governor for that purpose, or by any Justice of the Peace of
the County or District within which such Alien resides ; Certificate to which said Judge, Commissioner, or Justice of the Peace, on
being satisfied by evidence produced by such Alien, that he or
she has been a resident of Canada, for a continuous period of What it shall
three years or upwards, and is a person of good character, shall grant to such Alien a Certificate, setting forth that such Alien has taken and subscribed the said oath or affirmation, and that such Judge, Commissioner or Justice of the Peace, has reason to believe that such Alien has been so resident within Canada for a period of three years or upwards, that he or she is a person of good character, and that there exists to the knowledge of such Judge, Commissioner or Justice of the Peace, no reason why such Alien should not be granted all the rights and capacities of a Natural-born British subject.
Certificate to 5. Such Certificate shall be presented to the Court of Quar
" ter Sessions of the Peace, or the Recorder's Court of the and read in court, and County or City within the jurisdiction of which the Alien
resides in Ontario, or to the Circuit Court in and for the Circuit within which he or she resides in Quebec, or to the Supreme Court if he or she resides in Nova Scotia, or to the Supreme Court of Judicature of New Brunswick, or County Court of the County in which he or she resides, if he or she resides in New Brunswisk, in open Court, on the first day of of some general sitting of such Court, and thereupon such
Court shall cause the same to be openly read in Court; Effect of such And if during such general sitting the facts mentioned in filing, if no ob- such Certificate are not controverted, or any other valid jection be
objection made to the Naturalization of such Alien, such Court, on the last day of such general sitting, shall direct that such Certificate be filed of record in the said Court, and