thereupon such Alien shall be thereby admitted and confirmed in all the rights and privileges of British birth, to all intents whatever, as if he or she had been born within Canada. In Ontario, by 32 V., c. 6, sec. 16 (Ont.), all matters heretofore done in the Recorder's Courts are to be done in the Courts of General Sessions. By sec. 7 of the same Act the Courts formerly known as the Courts of Quarter Sessions of the Peace, are now called the Courts of General Sessions of the Peace. naturalization 6. Every such person shall be then entitled to receive a Certificate of Certificate of Naturalization under the seal of such Court, and to be granted the signature of the Clerk thereof, that he or she hath com- under seal of plied with the several requirements of this Act; which Certificate of Naturalization may be in the following form, or to the like effect, that is to say: Dominion of Canada, Province of Circuit, (or County or City) of to wit: In the Court of Court. certificate. Whereas A. B., of &c. (describing him or her as formerly of Form of such such a place, in such a Foreign Country, and now of such a place in Canada, and adding his or her addition), hath complied with the several requirements of the Act respecting Aliens and Naturalization, and the certificate thereof has been read in open Court, and thereupon, by order of the said Court, duly filed of record in the same, pursuant to the said Act; These are therefore to certify to all whom it may concern, 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, to have, hold, possess and enjoy the same upon, from, and after the day of , (the day of filing the Certificate of Residence) in the year of our Lord, one thousand eight hundred and ; and this Certificate thereof is hereby granted to the said A. B., according to the form of the said law. Given under my Hand and the Seal of the said Court, this in the year of our Lord, one thousand day of eight hundred and (or Clerk of the Recorder's Court, or Clerk of the Circuit Court, or Clerk of the Supreme Court, as the case may be.) 7. A copy of such Certificate of Naturalization may, at the Copy of certioption of the party, be registered in the Registry Office of any ficate may be County or District or Registration Division within Canada, and registered Aliens entitled lized under former Acts may take a certified copy of such Registry shall be sufficient evidence of such Naturalization in all Courts and places whatsoever. 8. Any Alien entitled, at the time of the passing of this Act, to be natura- to be naturalized under the provisions of any of the Acts mentioned in the twelfth and fourteenth sections of this Act, may take the oaths or affirmations of Residence and of Allegiance, oaths and ob- and obtain Certificates as aforesaid, in the same manner as Aliens entitled to be naturalized under the provisions of the third section of this Act, and with the same effect, to all intents and purposes: tain certifi cates under this Act. Fees to be taken under this Act. Privileges of naturalization under this Act to be subject to provisions of the Impe rial Act, 10, 11, V. c. 83. Act of U. C. 54 G. 3, c. 9, not affected. This Act not to affect 4 & 5 2. This sub-section relates to Nova Scotia only. 9. The Clerk of the Peace or Clerk of the Recorder's Court, or Clerk of the Circuit Court, or Clerk of the Supreme Court, shall, for reading and filing the Certificate of Residence, and preparing and issuing the Certificate of Naturalization under the Seal of the Court, be entitled to receive from such person, the sum of twenty-five cents, and no more; And the Registrar shall, for recording the said last mentioned Certificate, be entitled to receive from such person, the sum of fifty cents, and a further sum of twenty-five cents, for every search and certified copy of the same, and no more. 10. The privileges of Naturalization imparted by this Act, to the several classes of persons herein mentioned, are imparted to such persons respectively on the terms and conditions herein set forth, and are to be by such persons exercised and enjoyed, according to the true intent and meaning of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, in the Session held in the tenth and eleventh years. of Her Majesty's Reign, and intituled; An Act for the Naturalization of Aliens. The Imperial Act referred to was repealed by a later Imperial Act, 33 V., c. 14. (The Naturalization Act, 1870). 11. Nothing in this Act contained shall repeal or in any manner affect the Act of the Legislature of Upper Canada, passed in the fifty-fourth year of the Reign of His late Majesty King George the Third, intituled: An Act to declare certain persons therein described Aliens, and to vest their estates in His Majesty, or any proceedings had under the said Act. 12. Nor shall any thing in this Act contained repeal or in V. c. 7, or sec- any manner affect the Act passed in the session held in the fourth tions 1, 2 or 3 and fifth years of Her Majesty's reign, chapter seven, intituled: of 12 V. c. 197, An Act to secure to and confer upon certain inhabitants of this acquired un- Province, the civil and political rights of Natural-born British Subjects, or the first, second or third section of the Act passed in the twelfth year of Her Majesty's reign, chapter one hundred or any rights der the same. and ninety-seven, intituled: An Act to repeal a certain Act therein mentioned, and to make better provision for the Naturalization of Aliens,-or impair or affect the naturalization of any person naturalized under the said Acts, or either of them, or any rights acquired by such person or by any other party by virtue of such naturalization, all which shall remain valid and be possessed and enjoyed by such person or party respectively. PENALTY FOR FALSE SWEARING. ing or affirm 13. Any person wilfully swearing falsely, or making any Penalty on false affirmation under this Act, shall be deemed guilty of wilful person arearand corrupt perjury, and shall, on conviction, in addition to ing falsely. any other punishment authorized by Law, forfeit all the privileges or advantages which he or she would otherwise, by making such oath or affirmation, have been entitled to under this Act, but the rights of others in respect to estates derived from or held under him or her, shall not thereby be prejudiced, excepting always such others as shall have been cognizant of the perjury at the time the title by which they claim to hold under him or her was created. sec. 9: except sections 24 V. c. 54, 14. The following Acts are hereby repealed, that is to say: Con. Stat. Can The Act respecting the Naturalization of Aliens, forming the c. 8, except eighth chapter of the Consolidated Statutes of Canada, save and chapter 34 of except the Linth section thereof, the thirty-fourth chapter of the R. 8. N. S. Revised Statutes of Nova Scotia, third series, Of the privileges 1, 2 and 3; and Naturalization of Aliens, save and except the first, second acts of N. B. and third sections thereof; the Act of the Legislature of New and 28 V. c. 5, Brunswick, passed in the twenty-fourth year of Her Majesty's repealed. reign, chapter fifty-four, intituled: An Act relating to the Naturalization of Aliens; and the Act of the same Legislature passed in the twenty-eighth year of Her Majesty's reign, chapter five, intituled; An Act to amend the Act relating to the Natura- Saving the lization of Aliens; but nothing in this section contained shall im- rights of perpair or affect the naturalization of any person naturalized under lized under the said Acts, or either of them, or any rights acquired by such the same. person, or by any other party, by virtue of such naturalization, all which shall remain valid, and be possessed and enjoyed by such person or party respectively. sons natura 34 VICT., CAP. 22. An Act to amend the Act 31st Victoria, chapter 66, respecting Aliens and Naturalization. IN [Assented to 14th April, 1871.] N amendment of the Act passed in the thirty-first year of Preamble, 31 Her Majesty's Reign, Chaptered sixty-six, and intituled: V., c. 66. Aliens having taken certain oaths before naturalized. "An Act respecting Aliens and Naturalization," Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. Every person who, being by birth an Alien, did, prior to the first day of January, 1868, take the oaths of residence and 1 Jan, 1868, allegiance required by the Naturalization Laws then in force in that one of the Provinces now forming the Dominion of Canada, in which he then resided, shall be admitted to all the rights and privileges of a natural-born British subject conferred upon naturalized persons by the Act of Parliament of Canada respecting Aliens and Naturalization, passed in the thirty-first year of Her Majesty's reign, and the certificate of the Judge, Magistrate, or other person before whom such oaths were taken and subscribed, shall be evidence of his having taken them; or he may take and subscribe the following oath before some judge, justice, or person authorized to administer the oaths of residence and allegiance under the Act hereby amended, in the County or District in which he resides. Evidence thereof. May take another oath. Form. Aliens re siding in any Province now in Canada, before 1 July, 1867, naturalized. Proviso: eaths to be taken. Oath of residence. at in the Province of "I, A. B., do (swear or affirm) that, on or about the day of in the (County) of (or in the late Province of Canada), I did take and subscribe before a (Judge, Magistrate, or other proper person, naming him), the (oaths) of residence and allegiance required by the Laws respecting the Naturalization of Aliens then in force in the said Province; So help me God." 2. All Aliens who had their settled place of abode in either of the late Provinces of Upper Canada or Lower Canada, or in Nova Scotia, or New Brunswick, on or before the first day of July, A.D. 1867, and who are still residents in the Province of Ontario or of Quebec, or in either of the Provinces of Nova Scotia or New Brunswick, shall be deemed, adjudged and taken to be, and to have been entitled to all the privileges of British birth, as if they had been natural born subjects of Her Majesty, subject to the following provision, that is to say :-That no such person (being a male), shall be entitled to the benefit of this Act, unless nor until he shall take the oath or affirmation of allegiance in the form prescribed by the Act hereby amended, together with the oath of residence hereinafter prescribed, before some Justice of the Peace, or other person authorized to administer oaths under the said Act. 2. Such Alien shall take and subscribe the following oath of residence, that is to say: "I, A. B., do swear (or affirm) that I had a settled place of "abode in the Dominion of Canada on the first day of July "1867, and resided therein, with intent to settle therein, and "have continuously since resided therein: So help me God." to be filed. 3. Every affidavit or affirmation taken under this Act shall Oaths under be filed, if the person making it resides in the Province of On- this Act: how tario, with the Clerk of the Peace of the County in which he resides, if he resides in the Province of Quebec with the Clerk of the Circuit Court of the Circuit within which he resides,if he resides in Nova Scotia, with the Clerk of the Supreme Court, and if he resides in New Brunswick, with the Clerk of the Superior Court of Judicature; and such clerk shall file the Certificate, same of record in his Court, and upon its being so filed, the and its effect. person making it shall be entitled to the benefit of this Act and the privileges of British birth, and shall also, upon payment of a fee of twenty-five cents to such clerk, be entitled to a certificate from him, in the form or to the effect prescribed in section six of the Act hereby amended, and the production of such certificate shall be prima facie evidence of his naturalization under this Act, and that he is entitled to and enjoys all the rights and privileges of a British subject. 4. In this Act the word "oath" includes an "affirmation in every case where the person taking it is one of those who are allowed by the Laws of the Province in which he resides to affirm in judicial cases, and the forms herein given shall in such cases be worded accordingly. Interpretation clause. 24 VICT. CAP. 44. An Act respecting Forfeited Estates in Upper Canada. H a [Assented to 18th May, 1861.] ER Majesty, by and with the advice and consent of the Preamble nd enacts as follows: 3, c. 9, de 1. It is hereby declared to have been meant and intended by Intent of Act the Act of the Parliament of the late Province of Upper Canada, of U. C. 54 G. passed in the fifty-fourth year of the reign of His late Majesty, clared. King George the Third, and intituled: An Act to declare certain persons therein described Aliens, and to vest their Estates in His Majesty, that no person found to come within its provisions could have held or transmitted, or could or can hold or transmit lands in Upper Canada, by will or otherwise. 2. The Acts of the Commissioners appointed under and by Acts of Comvirtue of the said recited Act, and of the Commissioners missioners appointed under and by virtue of the other Act of the said late under that Parliament of Upper Canada, passed in the fifty-ninth year of 3, c. 12. dethe reign of His late Majesty, King George the Third, chapter Aet and 59 G. clared valid. |