In case of diзsolution, Speaker to act until another is chosen. Case of death of Speaker, &c. provided for Speaker may suspend or re of misconduct. the to arise before the beginning of the then next Session, pay surplus to the Receiver-General, to the credit of the Consolidated Revenue Fund of Canada. 8. For the purposes of this Act, the person who shall fill the office of Speaker at the time of any dissolution of Parliament, shall be deemed to be the Speaker until a Speaker shall be chosen by the new Parliament; and in the event of the death, or disability, or absence from Canada of the Speaker, during any dissolution or prorogation of Parliament, any three of the Commissioners may execute any of the purposes of this Act. 9. If any complaint or representation shall at any time be move, 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, Officer, or Mes- attendant on the House of Commons, now or hereafter to be senger, guilty appointed, it shall be lawful for the said Speaker to cause an 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 other officers to take Oath 10. Immediately after the passing of this Act, the Clerk of the House of Commons shall take and subscribe before the 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. Provisions respecting the fiscal years 1867-8 and 1868-9. 11. For the purposes of this Act, all sums payable to Members of the House of Commons under the Members' Indemnity Act, and all sums voted and appropriated in the present Session 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. amended,so as 12. All sums of money which under the eighth section of Members' The Members' Indemnity Act, might heretofore have been ad- Indemnity Act 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. Political Rights. C. S. CAN. CAP. 8. An Act respecting the Naturalization of Aliens. The whole of this Statute is repealed by 31 V. c. 66, sec. 14 (Dom.), except section 9, which is as follows: the same 9. Every Alien shall have the same capacity to take, hold, Alien to have possess, enjoy, claim, recover, convey, devise, impart and trans- powers as to mit Real Estate in all parts of this Province, as Natural-born Real Estate as or Naturalized Subjects of Her Majesty, in the same parts Her Majesty. Subjects of 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.] W HEREAS it is desirable that aliens should have the right Preamble. to transmit and totake real estate by descent: Therefore, Rights of aliens with res- by descent to be the same as those of na tural born sub jects. Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. The real estate in any part of this Province of any alien dying intestate, shall descend and be transmitted as if the same had been the real estate of a natural born or naturalized subject of Her Majesty, and every alien shall have the same capacity to take real estate in any part of this Province by descent, 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, intituled: 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. 12 V. c. 197. saved. Preamble. Provincial naturalization 31 VICT., CAP. 66. An Act respecting Aliens and Naturalization. [Assented to 22nd May, 1868.] 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: LOCALLY NATURALIZED SUBJECTS OF HER MAJESTY. 1. Each and every person who, being by birth an Alien, had, extended 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 virtue of any general or special Act of Naturalization in force in such part of Canada, shall hereafter be entitled to all the privi leges by this Act conferred on persons naturalized under this Act. NATURALIZATION OF ALIENS. woman natu 2. Every Alien-born woman married to a natural-born Bri- Alien-born tish subject, or person naturalized under the authority of this ralized by 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 subject. 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. naturalized by 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 become 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. dence to be 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 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 allegiance. 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 lle 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 Before whom oath or affirmation shall be taken. Certificate to be granted, What it shall state. Certificate to be presented and read in court, and afterwards filed of record. 66 "affirm) that I will be faithful and bear true allegiance to Her 66 3. And every such oath or affirmation shall be taken and subscribed by such Alien, and may be administered to him or 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; 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 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. 5. Such Certificate shall be presented to the Court of Quarter Sessions of the Peace, or the Recorder's Court of the 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 Brunswick, 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 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 jection be made. |