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OF

CANADA.

ANNO REGNI NONO

VICTORIÆ,

DEI GRATIA, BRITANNIARUM REGINÆ.

HIS EXCELLENCY THE RIGHT HONORABLE

CHARLES THEOPHILUS, BARON METCALFE, G. C. B.,

GOVERNOR GENERAL.

BEING THE FIRST SESSION OF THE SECOND PROVINCIAL PARLIAMENT OF CANADA.

RESERVED ACT,

To which the ROYAL ASSENT was subsequently promulgated by His Excellency Charles THEOPHILUS, BARON METCALFE, G. C. B., &c., &c., &c., Governor General.

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WH

CAP. CVII.

An Act to make further provision regarding Aliens.

Reserved for the signification of Her Majesty's pleasure, 29th March, 1845.

The Royal Assent given by Her Majesty in Council, on the 30th June, following;
and Proclamation made thereof by His Excellency LORD METCALFE, in the
Canada Gazette of August 2, 1845.

HEREAS it is expedient that His Excellency the Governor General of this Preamble. Province, by and with the advice of the Executive Council thereof, should be enabled to grant to Aliens the rights and capacities of natural born British Subjects, under such regulations and exceptions as are hereinafter provided: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to Re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That upon obtaining the Certificate and taking the oath or affirmation hereinafter prescribed, every Alien now residing in, or who shall hereafter come to reside in any part of this Province, with intent to settle therein, (although he may not have been domiciled in this Province for a period of more than five years,) shall enjoy all the rights and capacities which a natural born subject of Her Majesty can enjoy or transmit, except such rights and capacities (if any) as shall be specially excepted in, and by the Certificate to be granted in manner hereinafter

mentioned:

Certificate

conferring rights upon Alien.

Proviso, as to special cases.

Alien's memorial to Governorin Council.

Certificate of
Governor in

Council.

Registration of
Certificate,

Fees of Certificate.

Oath of Alien.

mentioned: Provided always, that in special cases, requiring the immediate interference of the Governor in Council, it shall and may be lawful for the said Governor in Council to grant the Certificate hereinafter prescribed in favour of any particular individual or individuals presenting the Memorial hereinafter mentioned, although such individual or individuals shall not have been domiciled in this Province for a period of five years.

II. And be it enacted, That it shall be lawful for any such Alien as aforesaid to present to the Governor in Council, a Memorial, stating the age, profession, trade, or other occupation of the Memorialist, and the duration of his residence in this Province, and all other the grounds on which he seeks to obtain any of the rights and capacities of a natural born British Subject, and praying the Governor in Council to grant to the Memorialist the Certificate hereinafter mentioned.

III. And be it enacted, That every such Memorial may be considered by the Governor in Council, who may inquire into the circumstances of each case, and receive all such evidence as shall be offered by affidavit or otherwise, as the said Governor in Council may deem necessary or proper, for proving the truth of the allegations contained in such Memorial; and that the said Governor in Council, if he shall so think fit, may issue a Certificate reciting such of the contents of the Memorial, as he shall consider to be true and material, and granting to the Memorialist (upon his taking the oath or affirmation hereinafter prescribed) all the rights and capacities of a natural born British Subject, except the rights and capacities (if any) specially excepted in and by such Certificate.

IV. And be it enacted, That such Certificate shall be registered in a Book or Books, to be kept for that purpose, by some person or persons duly authorized to that effect by the Governor in Council, and may be inspected, and copies thereof taken by all persons desiring to make such inspection or to take such copies.

V. And be it enacted, That the several proceedings hereby authorized to be taken for obtaining such Certificate as aforesaid, and the fees payable in respect of the same shall, from time to time, be regulated and fixed by the Governor in Council.

VI. And be it enacted, That every Memorialist to whom rights and capacities shall be granted by such Certificate, shall take and subscribe the following oath, (or being one of those persons who are allowed by the laws of this Province to affirm, shall make affirmation to the same effect,) that is to say:

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