IMAGE EVALUATION TEST TARGET (MT-3) A {/ V ^ .^ 4i. ^' ^. fe %" :/. w 4"^ fA 1.0 I.I ■,. 1112 11^ 1140 ||Z2 IM 1.8 1.25 1.4 1.6 -• 6" ► V] <^ /a. /a VI c'. e). peiure, on ^ n 1 2 3 32X 1 2 3 4 5 6 1 wmmm I NATURALIZATION AND NATIONALITY IN CANADA; EXPATR1ATI(3N AND REPATRIATION OF BRITISH SUBJECTS; ALIENS, THEIR DISABILITIES AND THEIR PRIVILEGES IN CANADA. THE NATURALIZATION ACT, CANADA, 1881, WITH NOTES, FORMS AND TABLE OF FEES TO BE TAKEN BY COMMISSIONERS, JUSTICES OF THE PEACE, NOTARIES • PUBLIC, STIPENDIARY AND POLICE MAGISTRATES, CLERKS OF COURTS, REGI^-RARS AND OTHER OFFICIALS, WITH APPENDIX CONTAINING TREATY, ETC., ALSO, NATURALIZATION LAWS OF UNITED STATES, WITH FORMS, ETC. By ALFRED HOWELL, Of Osgoodc Hall, Barrister at-Law. Author of "SURROGATE COURTS PRACTICE." TORONTO AND EDINBURGH : CARSWELL cS: CO., LAW BOOK PUBLISHERS, 188-1. « '>(■' XL I %) ■^ ^' -yC" J \ En.e ed according to Act of Pailiament of the Dominion of Canada, in the year of our LoKi ore iiioL!...iid e ^1:: b ^d.ed and eighty-four, by Alfred Howell, ir the office o! the Mii i ^e^' o1 A'^ricuKiTe. Ml PRINTKD AT Till'. OFFICK OF 11, iS; Co., 20 Ai)i;i.Aii)K St. East, " There is no right or function which we exercise as free citiz'"ts in which we do not desire you to participate, and with this civil freedom ; equally gladly offer you absolute religious liberty. The forms of worship which you have brought with you, you will be able to practice in the most unre- stricted manner, and we confidently trust that those blessings which have wai ed upon your virtuous exertions in your Russian homes will continue to attend you here ; for we hear that you are a sober-minded and God-fear- ing community, and as such you are doubly welcome amongst us. In the name then of Canada and her people, in the name of Queen Victoria and her Empire, I again stretch out to you the hand of brotherhood and good fellowship, for you are as welcome to our affection as you are to our lands, our liberties and our freedom. Beneath the flag whose folds now wave above us, you will find protection, peace, civil and religious liberty, consti- tutional freedom and equal \a.\vs."— Speech of His Excellency Bad Dufferin to Itmnigrants of Foreign Nationality settled in Manitoba, August, 1877. " There is no reason ultimately to doubt that the population attracted to you (the people of British Columbia) as soon as you have a line through the mountains, will be the population which we most desire to have— a people like that of the old Imperial Islands— drawn from the strongest races of Northern Europe, one that with English, American, Irish, German, French and Scandinavian blood shall be a worthy son of the old mother of nations." —Speech of His Excellency the Marquis of Lome, at Victoria, B C, i«82. aft'? 13 Preface The decennial census, 1881, showed the popuhition of foreign nationalities resident in the Dominion of Canada to be 121,309, which has since been increased by many thousands, and new accessions are constantly arriving. They come from the United States, from Norway and Sweden, Denmark, Holland, Germany, France, Russia, Italy, China, and other parts of the world ; and, unlike those who come from the British Islands, and other British possessions, who are our fellow-subjects, they are the sub- jects or citizens of foreign powers, and not entitled to the privileges of British subjects in this country unless they become such by naturalization. Upon becoming settled, especially those with families, they learn the advantages of being placed upon the same footing as native-born subjects, and large numbers in various parts of the Dominion annu- ally become naturalized. And it is more than probable that under the new law, which admits of denaturalization, larger numbers will seek naturalization than previously, as the scruples which some have had against abjuring their country or sovereign have been met by provisions of the new law. This law embodies the principle " tJiat it should be free to even/ one to expatriate and denationalize himself, and to transfer his allegiance to another country." (p. 56.) To persons contemplating naturalization or desirous of obtaining the benefit of other provisions of the Act, as well as to those who, in the discharge of professional or official duties, may be called upon to advise or aid them in the formalities of the law, it was thought a book containing vi. PREFACR. ill conv(!niont form, tlie necessary information, forms and directions colI(;ct(!d from various sources, together with tlu; Act itself aceompaiiiod by such ohsijrvations as would tend to elucidate the same, would be a work of practical utility. And in the small work now respectfully olfered, the author trusts he has in same useful measure accom])lishcd the object in view. Tlie law of the United States, and forms in use there, have been added, cliiefly for the boneiit of persons in Canada who may contemplate becoming citizens of that country, the government of which is in accord with that of Groat Britain upon the leading principles of the Act as will be seen by reference to the treaty and convention in the Appendix. The author acknowledges his obligations to the various eminent authorities cited in the following pages. A. II. Toronto, -A»///, ISSL Contents. Introduction i Explanation of Technical Terms 5 The Oi.n Rule of Perpetual Allegiance in the United King- dom, Canada, and the United States, Considered ig Nature of Allegiance in the United Kin<,'(lom 19 Calvin's Case 2\ Case of i^Eneas Macdonald 2i Introduction of English Law into Colony 25 The Quebec Act 26 Lord Chief Justice Mansfield oii Introduction of English law into conquered country 29 The rule in Canadian Courts 31 Opinion of Jurists and Statesmen in United States .... 34 Controversy 36 The new principle of Expatriation 37 Royal Commission, Lord Chief Justice Cockburn's Summary 24, 38 Views of Lord Chancellor Hatherlcy 38 Foreign Immigration received by United States 39 Adoption of new principle 42 The Naturalization Act, Canada, 1S81, with Notes 46-85 Schedule of Forms prescribed by the Act 8G-93 Regulations Made by Governor-General in Council under the Act, with Forms 94-98 Appendix gg Judicial decisions as to Naturalization gg Treaty of Naturalization between the British Government and the United States, of May 13, 1870 loi Convention between same powers, of 23rd February, 1871 103 Law of the United States of America on Citizenship and Naturalization and Forms 106 Naturalization in the United Kingdom, under the new law, viz., the Naturalization Acts, 1870-1872 117 Passports 120 Addenda 122 Index OF Forms 123 General Index 124 ^ Table of Cases. /Eueas Macdonald, 22, 33 Andros, Re Andros v. Andros, 75 B Bloxam v. Faure, 122 Hrockvillc 6 Brooke v. B., 95 Brown v. Collins, 122 Calvin's Case, 7, 20, 21, 22, 25 Carlisle v. United States, 7 Campbell v. Hall, 25, 28, 29 Campbell v. Gordon, loi, 108, 11 1 Chirack v. C, lob Cooke V. Wilby, 122 Corse V. C, 6, 50 Cullen V. McFarlaiic et al, 52 De Geer v. Stone, 8 Dezeter, Re, an alien, 62 Doe d, Anderson v. Todd, 31 Doe d. Patterson v. De Witt, 5 Doe d. Hay v. Hunt, 32 Donegani v. D., 31, 49 E Ex p. Dow, O3 Elijah Clarke, 3G Fitch V. Weber, 23 H Hope V, H., 122 L Le Noir v. Ritchie, 28 Lord Lovat's Case, 21 M Mayor of Lyons v. East India Co. 25. 31. 49 Montgomery v. Graham, 5 Murray v. Heron, i , Q Osborn v. U. S. Bank, 108 R KeHina v. Beckwitli, 50 V. Lynch, 33 V. McMahon, 37 Salter v. HuRhes, 9 Santissima Trinidad, Tlie, 35 Shanks v. Dupont, 35 Sharp V. St. Savour, 50 Shenck's vote, Lincoln, Smith V. Davis, 95 Spratt V. S., loi, :o8 Stark v. Chesapeake Ins. (Jo. loS Stormont, 6 Talbot v. Jansen, 34 u Udney v. Udney, 14 United States v. Gillies, 34 w Wallace v. Adamson, 5 V. Hewitt, 5 Webster. C. C, /« rtr 63, 64, 99 Corrigenda. Page. 6. 42. 76. 77. 78. 84. note (A) for " note" line 27, " "8" note " "in Appendix" read " vole. "9- " P- 94- lOI. " "p. III." " p. III." line 21, the pronouns " its " and " it " as relating to the word " oaths " in the first line of the section occur in the original statute ; But see C. S. C. c. 5, sec. 6, by which words importing the singular number are to include more things of the same kind than one. line Kj, for " 1S7S " read " 1870." ATURALIZATION OF ALIENS. INTRODUCTION A MONG the eniuneratecl classes of subjects, which in the ■^^ distribution of legislative powers by the British North America Act, (sec. 91), were assigned to the authority of tlie Dominion Parliament, we find as class ^5, " Natural- ization AND Aliens." "The Naturalization Act, Canada, 1881," is the same in principle as the Imperial Act, entitled " The Naturalization Ar-t, 1870," which having been amended by two subsequent Acts, is now to be cited as " The Naturalization Acts, 1870 an). He cannot in general acquire title to real estate by descent ; and if he purchase land he may be divested of the fee, upon inquest of office found ; but until this is done he may sell, convey or devise the lands and pass a good title. The disability of aliens in respect to holding lands are removed by statute in many of the states (V). A person born in the United States l)efore the Revolution, and remaining there was regarded here as an alien, and not entitled to maintain ejectment in this Province; nor could a person who voluntarily left the province in 1812, and came under the operation of 54 Geo. III. cap. 9 (//). (a) 2 Kent. Com. 50. (b) BuHviti-'s Law L>ic, Cit. G Johns. 33:. (c) Ibid. (d) Do.- dcm Patta-son v. Dc Witt, 5 O. -. 434; WalUue. v. Adamsun, 10 C. F. 335, ; WaHiUC v. Ih'r.'itf, 20 Q. B. S; , Mcnt^niina-v v, Gyaluim, u g. B. 57. / .. , 6 NATURALIZATION OF ALIENS. The question— who are aliens, as well as the question what are their rights as such, must be governed by the same law(c). An objection of alienage against the vote of a person at a provincial election on the ground that he had been born in the United States, although he resided nearly all his life in Canada was overruled, it being shown that his father and grandfather were U. E. Loyalists (./'). Taking the oath of allegiance, without obtaining a natur- alization certificate did not entitle to vote (g). There is a presumption in favor of the continuance of original status of alienage (h). Aliens are variously considered by the new law, as— 1. Aliens by birth, or foreigners. 2. Aliens by expatriation; referred to in the Act an *' Statutory aliens." Sees. 5, 9, 10. 3. Widows who have become aliens in consequence of marriage. Sec. 27. 4. Children of statutory aliens. Sec. 28. 5. Those who, after having obtained naturalization as British subjects, divest themselves of their status so ac- quired, by declaration of alienage under the Act. Sec. .'). 6. Those who are British subjects by birth, born either within or without Her Majesty's Dominions, but held to l)e subjects of a foreign state by the laws thereof. Sec. 7. (c) Corse \. Com-, 4L. C. R. 310 S. €.(1854); notwithstanding DoxfP-fl'."' v Doncgam, S. R. 605 P. C. (1S35). ^ h ■ (/) Stormont Hodgin's Election Cases, 42. (^) Brockvillc, lb. 129. (h) lb. Shcnck's note, Lincoln (2) 500. J NATURALIZATION OF ALIENS. 7 7. British subjects who became aliens by Daturalization in a foreign state before the Act, and who by a declaration of British nationality, iindersec. 9, sub-sec. 1, remain British subjects within Canada, but who when within the limits of the foreign state are not within Canada to be deemed British subjects. Allegiance is the tie or ligamen which binds the subject to the king in return for that protection which the king affords the subject (Bl. Comm. 369, 370, 457); the "true and faithful obedience of the subject due to his sovereign." It is of four kinds : (1). Natural allegiance, that which is due from all men born within the king's dominions, also defined as that which arises by nature and bh'th, said to be the primary allegiance. (2). Acquired allegiance, i.e., by naturalization or letters of denization. (3). Local allegiance, that which is due from every alien only so long as he con- tinues within the dominions of the English Crown. (4). Legal allegiance is that arising from taking the oath of allegiance when required by municipal laws, e.g. by persons on assuming office under the Crown (i). 5. M m ■m Allegiance, as judicially defined in the United States, is the obligation of fidelity and obedience which the individual owes to the government under which he lives, or to his sovereign, in return for the protection he receives. It may be an absolute and permanent obligation, or it may be qualified and temporary ( j). British Subjects. — By the common law of England every person born within the dominions of the Crown, no matter whether of English or foreign parents, and in the latter case, whether the parents were settled, or merely (/) Calvin's Case, 7 Rep. 1. (J) Carlisle v. Unitnl States, i6 Wall. 147. 8 NATfKALIZATION OF ALIKNS. temporarily' sojourning in the country, was an English subject, save only the children of foreign ambassadors (who were excepted because their fathers carried their own nationality with them), or a child born to a foreigner during the hostile occupation of any part of the territories of England. No effect appears to have been given to descent as a source of nationality (/.). The common law was modified and extended by certaui statutes, viz.: 25 Edw. III., stat. 2; 7 Anne, cap. 5; 4 Geo. II., cap. 21, and 13 Geo. III., cap. 21, so that up to the time of the passage of the English Naturalization Act all persons born within the dominions of the Crown, with the limited exceptions above mentioned, whether of British or foreign parents, and all persons being the children or grand-children of British parents, though born within the dominions of a foreign State, were considered to all intents and purposes British subjects, owing allegiance to and being entitled to protection from the sovereign of the British Empire (/). But the status of natural born British subjects, which l)y the Acts 7 Anne, c. 5; 4 Geo. II., c. 21, and 13 Geo. III., c. 21, is conferred on children and grand-ebildren born abroad of natural-l)orn British subjects, is a merely personal status, and is not by these Acts made transmissible to the descend- ants of the persons to whom that status is thereby given, and there is no foundation for the notion that by the common law of England the posterity of a natural-born British sub- ject, though born abroad, must be treated as British subjects forever (»(). It was held in Nova Scotia that the children and grand- children of natural-l)orn British subjects, though born in a {k) Cockhni-n on Nationality, p. 7, n. (/) Cockb. p. II, and Wheaton, 205. (m) DcGccr v. Stone, L. R. 22, C. D. 243. NATIKALIZATION CF ALIENS 9 loreign country, were not aliens, and therefore capable of transmitting real estate in that province by descent and otherwise (»)• British subjects arc variously considered by the new law as — 1. British subjects by birth. 2. By naturalization. Sec. 17. 8. By "declaration of British nationality," made within two years after coming into force of the Act by persons naturalized in foreign state before the Act, but desirous of remaining British subjects. Sec. 9, sub-sec. 1. 4. By special certificate, where nationality as a British subject is doubtful. Sec. 18. 5. By certificate under the Act obtained by persons who were naturalized previously to the Act. Sec. 19. 6. By resumption of British nationality; ?.f., where a "statutory alien" obtains a "certificate of re-admission to British nation.ality." Sec. 20. 7. By naturalization, where the foreign state of which he was a subject, having by a convention, or by its laws, recognized the right of expatriation, by such convention or laws, requires a residence or service in Canada of more than three years as a condition precedent to its subjects divesting themselves of their status as such sul)jects, ar>.!. an oath has been taken and certificate granted, showing residence or service for such period. Sec. 24. 8. By naturalization, where an alien, who, whether under this Act or otherwise, has become entitled to the privilege,-, (ii) Siltt-r V. Hu^^itcs. O'A'lzht'?. Rep. 409. 10 NATURALIZATION OF ALIENS. of British birth iu Canada, aud desiring to divest himself of his status as subject of foreign state, takes the oath of residence or service for the period of time required by such convention or laws of foreign state. Sec. 25. \). By re-admission within Canada of a widow, who being a natural born British subject, is deemed to be a statutory alien in consequence of her marriage. Sec. 27. 10. Children of parents naturalized within Canada, becoming resident during infancy. 11. Children of parents who have been re-admitted to British nationally. t I Indlvns in Canada are not entitled to all the privileges of British subjects unless they arc enfranchised under 43 Vict., cap. 25 (Can.), or some of the previous statutes of which that is a consolidation. By section 2, sub-seC; 5, the term Enfranchised Indian means any Indian, his wife, or minor unmarried children, who has received letters patent granting him in fee simple any portion of the reserve which may have been allotted to him, his wife, and minor children by the band to which he belongs, or any unmarried Indian who may have received letters patent for any allotment of the reserve. Sections 99-101 specify the mode of obtaining such letters patent. Before the issue of the letters patent, the Indian must declare to the Superintendent-General of Indian Affairs the name or surname by which he or she wishes to be enfranchised and thereafter known ; and on his or her receiving such letters patent iu such name or sur- name, he or she shall be held to be also enfranchise , and be known by such name, and if a married man, his wife and minor unmarried children also are held to be enfranchised, apd from the date of such letters patent aiiy Act or lair making any distinction between the leqal rights, privileges, 1 NATUR.VLIZATION OF ALIENS. 11 (Usnhilitics and liaJtilitii's of IntUnns . Cit. Cooley. Const. Law, 77, and 92 U. S. 542, 21 Wall 162. By Eev. Stats. U. S. 1873-4, Tit. XXV. Citizenship, Sec. 1992.— All persons born in the United States and not sub- ject to any foreign powe^ excluding Indians not taxed, are 12 NATLKALIZ.VTION OF ALIKNS. (k'cliirc'd to be citizens of the L'liited States. By aec. 111>3 all children heretofore horn or hereafter horn out of the limits and jurisdiction of the United States, \vhose fathers were or may be at the time of their birth citizens thereof, are declared to be citizens of the United States, but the rights of citizenship shall not descend to children whose fathers never resided in the United States. British statesmen and writers now use the term "citizen" as the equivalent of the term " subject " (')), from which it may be inferred they understand that there are no sub- stantial ri<:?hts or liberties incident to citizenship in a republic, that are not attached to the character of subjects under a monarchy with free representative institutions and responsible government. Naturalization takes place when a person becomes the subject or citizen of a state to which he was before an alien. It is also defined as the act of adopting a foreigner and clothing him with all the privileges of a native Ijorn citizen. A person however cannot divest himself of his obligations to the state of which he was formerly a subject without the consent of that state ; hence it was necessary I'efore the Act, providing for expatriation, could go into force, that a convention should be entered into, containing the consent of the independent Sovereign States that their subjects or citizens might so transfer their allegiance. (See Convention between Great Britain and the United States, Appendix, post). The practice in England of applying to Parliament for Acts of Naturalization had been before the Act of 1870, superseded by 7 A: 8 Vict. cap. 66 (p) : and in Canada by 12 Vict. cap. 197. {o) See Debate -n the Natura'i;:ation Bill, Hansard. 1S70. { M Cockh. 30, « III ''i:i '$ t NATURALIZATION OF ALIENS. IS Colonial Natuhalization. — TIk Act 10 i^- 11 Vict. cap. 83 (Imp.) appears to recof^uizo the power of colonial le^,'i.slatures to grant naturalization operatiw only within the limit;; of the respective colonies. And in 1803, a circular was is-sued froki the Foreign OtHce hy Lord John Ihisscll, to the etfoct that the rights conferred by colonial naturalization must he taken to be limited to the precincts of the colony. It appears, however, that in 18(55, the opinion of the law othcers of the Crown was taken on this subject, and that, according to their view, a foreigner duly naturalized in a British colony is entitled as a subject of the Queen in that colony, to the protection of the British Government in every other state but that in which he was born, and to which he owes a natural allegiance. And this says Sir A. Cockburn would seem to be the sounder view(r/). Naturalization has sometimes been used for fraudulent purposes (/•). The case of Mr. D. is referred to who had (jbtainod naturalization in the United States merely to evade the law of Germany his native land. He returned registering himself in the book of the police as an American citizen, thereby escaping all l)urdens of a subject of his native country as well as those of a citizen of the United States. Questions have frequently arisen where persons in times of war or insurrection have claimed the protection of the country in which they have been naturalized as against the country to which they originally owed allegiance, that country not recognizing the right of throwing oft" such allegiance. Denization takes place in England where the crown in exercise of prerogative right grants to a person who is an alien born, letters patent called letters of denization to make ((;) Cockb. 38. See further as to Colonial Naturalization, note to Preamble of the Canadian Act. Post. [r) Wharton's Convict of Laws, 27 n. See also Hall's Int. Lav.-, p, 200. 14 NATURALIZATION OF ALIENS. him an English subject : formerly there were several differences between denizens and naturalized subjects, principally with reference to the inheritance of land ; but since the passing of the Naturalization Act these differences have become unimportant, and now that naturalization can be easily obtained, letters of denization are seldom granted. Expatriation. — In the light of the new naturahzation laws English and United States authorities give the follow- ing definition : Expatriation takes place when a person loses his nation- ality, and renounces his allegiance to his native country, by becoming the subject of a foreign State. Expatriation by a subject has been made possible in the United Kingdom by the Naturalization Acts, :'.870 and 1872 (s), and in the United States by the Act of Congress of July 27, 1868 (0, and in Canada by the Act of 1881 («)• To be legal, the expatriation must be for a purpose which is not unlawful, nor in fraud of the duties of the emigrant in the country of his origin (v). Repatriation takes place when a person who has been expatriated regains his nationality. Under section 20 of the Naturalization Act, a natural born British subjeci who has become a statutory alien (that is, expatriated himself) under the Act may repatriate himself in the same way as an ordinary alien may obtain a certificate of naturalization. (s) Udiiey V. Ud'icy, L. R. i Sc. & D. App. 441. {i) Vide App. (u) Vide post. (:•) Morse, 167. NATURALIZATION OF ALIENS. 15 FORMER STATUTES RELATING TO ALIENS AND NATURALIZATION IN CANADA. 54 Geo. III., cap. 9, 1814.— An Act to declare certain per- sons therein described aliens, and to vest their estates in His Majesty. 9 Geo. IV., cap. 41, U. C, 1828.-Collective Naturalization. —An Act to confer upon certain inhabitants of this pro- vince the civil and political rights of natural horn British subjects. S and 4 W. IV., cap. 60, U. C.-Private Act for naturalization ot Erb and others. 4 and 5 Vict., cap. 7, 1841, Canada.— Collective naturaliza- tion.— An act to secure to and confer upon certain inhabitants of this Province the civil and political rights of natural born British subjects. 12 Vict., cap. 197, 1849.-An Act to repeal a certain Act therein mentioned, and to make better provision for the naturalization of aliens ; and 12 Vict., cap. 1 ; Con. Stat. Can., cap. 8. 31 Vict., cap. 66, 1868, Canada—An Act respecting aliens and naturalization. The Act last mentioned re ...acting, but extending to the whole confederation cf provinces then recently formed nearly all the provisions of the previous' statutes,' was expressed to be for the purpose of making "one uni- iorm provision " for the whole Dominion of Canada with respect to naturalization. The preamble was that the laws in force in the Provinces ot Ontario and Quebec, in Nova Scotia, and in New Bruns- wick, providing for the naturalization of aliens were various, and local and limited in their effects, and that it 16 NATURALIZATION OF ALIENS. was expedient that one uniform provision should be made for Canada with respect to naturalization of aliens, saving always the rights, titles, and claims of all persons accord- ing to the laws of each province, at the time of the passing of the Act, and that it was also expedient to provide that the benefits theretofore obtained by any person by naturalization in any part of Canada should thenceforth extend to and be available for such person in every other part of Canada. It then provided that persons already naturalized were to be entitle-T to privileges equal to those conferred on persons thereafter to be naturalized under the Act (Sec. 1), in effect extending the privileges of British birth acquired by any prior provincial naturalization to the whole Dominion. Also that alien born women married to British subjects were to be deemed British subjects. Sec. 2. The common naturalization of aliens was then provided for, conditions precedent being specified, and formalities being prescribed. 34 Vict., cap. 22 (1871).— An Act to amend the Act 31 Vict., cap. 66, respecting aliens and Naturalization. •45 Date. lilPEIlIAL STATUTES REPEALED BY THE bll'ERIAL Act of 1870, some of which applied to Canada. title. 7 jas. I., c. 2. An Act that all such as are to be naturalized or restored in blood shall first receive the Sacra- ment of the Lord's Supper, and the oath of allegiance, and the oath of supremacy. n !% w# NATUEALIZATION OF ALIENS. 17 An Act to enable His Majesty's natural-born" wiu. iii„ subjects to inherit the estate of their ancestors, ^' ^' '"'^'^ either lineal or collateral, notwithstanding their father or mother were aliens. An Act for naturalizing such foreign Protes- i3Geo.li.c.7. tants and others therein mentioned, as are settled or shall settle in any of His Majesty's Colonies in America. An Act to extend the provisions of an Act 20 Geo. 11. c. made in the thirteenth year of His present •*•*• " Majesty's reign, intituled " An Act for natu- "ralizing such foreign Protestants and others " therein mentioned, as are settled or shall settle " in any of His Majesty's Colonies in America," to other foreign Protestants who conscientiously scruple the taking of an oath. An Act to explain two Acts of Parliament, one 13 Geo. in. c. of the thirteenth year of the reign of His late ^^' "Majesty, "for naturalizing such foreign Pro- "testants and others, as are settled or shall " settle in any of His Majesty's Colonies in "America," and the other of the second year of " the reign of His present Majesty, " for natura- "lizing such foreign Protestants as have served "or shall serve as officers or soldiers in His "Majesty's Eoyal American regiment or as en- " gineers in America." An Act to prevent certain inconveniences that 14 Geo. iii.c. may happen by bills of naturalization. ^-^^ Note.— (a.) 11 and 12 Will. Ill, (Ruff.) H.N. A. 2 m NATURALIZATION OF ALIENS. iGGeo. iii.c. An Act to declare His Majesty's natural-born 5'* subjects inheritable to the estate of their ances- tors, whether lineal or collateral, in that part of Great Britain called Scotland, notwithstanding their father or mother were aliens. 6 Geo. IV. c. 67. An Act to alter and amend an Act passed in the seventh year of the reign of His Majesty King James the First, intituled " An Act that "all such as are to be naturalized or restored "in blood shall first receive the Sacrament of '* the Lord's Supper and the oath of allegiance " and the oath of supremacy." 7 and 8 Vict., An Act to amend the laws relating to aliens. c. 66. 10 and II An Act for the naturalization of aliens. Vict., c. 83. '4 Acts partially Repealed by Imperl^l Act OF 1870. So far as it 4 Geo. I., c. f. — Act of Irish Parliament. — ^etuSthfAct^^ ^^^ for reviving, continuing and amending of 2 Anne c. several statutes made in this Kingdom heretofore ^'^' temporary. The whole of 6 Geo. IV. c. 50. — An Act for consolidating sect. 47. and amending the laws relative to jurors and juries. The whole of 3 and 4 Will. IV., c. 91.— An Act consolidating sect. 37- and amending the laws relating to juries and jurors in Ireland. :^i: NATURALIZATION OF ALIENS. 19 born ices- rtof ding d in jesty that ;ored it of iauce ens. ^CT nt. — iding ofore ating and ating and The Old Rule of Perpetual Allegiance in the United KiNGDOii, Canada, and the United States, considered. The provisions of the Naturalization Act relating to ex- patriation have a most important bearing upon the legal condition or political status of Canadians as British subjects, and in conjunction with conventions entered into by the Crown with foreign states, upon our national character when abroad. The Act in effect abrogates the old rule of law, nemo potest exuere patriam, and concedes the right of ex- patriation, which was spoken of by Lord Stanley upon the debate on the bill in the Imperial Parliament as the lead- ing principle of the bill. Before taking final leave of this time-honoured maxim which in early days did good service, but which has become in modern times of as little use as the plated armour and helmet of a linight of the fifteenth cen- tury would be on a battle field of the present day, it will be of no little advantage to consider that rule as it prevailed in England, in the United States and in Canada prior to the time of its abrogation. And it must always be borne in mind that a clear distinction is to be drawn between the proposition that allegiance is due from the subject to the Crown, or from the citizen to the sovereign power of the State, and the proposition that allegiance is indefeasible. The Act does not impair the allegiance due from the sub- ject to the Crown, nor affect it in any degree, except in the case of those who put off their national character in the manner prescribed by the Act. The doctrine of indelible allegiance, as connected with the national character of British subjects, had prevailed from the foundation of government, not only in England, but also in Canada and the United States. {a). To refer shortly to the nature of allegiance as understood in England, it may be mentioned that although 20 NATUKALIZATION OF ALIENS. the duty existed iudependently of the taking of an oath of allegiance, by virtue of what Sir Matthew Hale describes as "intrinsic allegiance" (w), yet such oaths were in use from the earliest times. As early as the time of King Arthur, and afterwards in the time of King Ldgar, every man of the age of twelve years or upwards might have been sworn to the King in the tourn or in the leet {x). An oath of allegiance was prescribed by 1 Eliz. cap. 1, to be taken by certain public persons there referred to ; and numerous statutes provided for taking such oaths. Buckingham is made to say to the Duke of York : — " * * * why thou, — being a subject as I am, — Against thine oath and true allegiance sworn, Should'st raise so great a power," etc. (y). The oath prescribed by the B. N. A. Act, 5th schedule, is, that " I will be faithful and bear true allegiance to Her Majesty Queen Victoria." An oath of allegiance is also prescribed by the Ontario Statute respecting public officers, R. S. 0. cap. 15., more extended in form than that just mentioned. It was said in Calvin's case {z) that it is of the essence of high treason that it is contra ligeantem, and the statutes relating to that crime, passed at various periods of our history, such as 25 Edw. IH., cap. 2; 3 & 4 Wm. IV., cap. 4 (C. S. U. C, cap. 97), and 2 Vict., cap. 27 (L. C), show how the breach of thi duty of allegiance is regarded by the law. So the formal language of an indictment for high treason implies allegiance as a sacred duty as follows : — " The (til) Hale, P. C, vol. i, 67 ; and sec, 2 Inst. 121. x) Hale, P. C. vol. i. p. 6 ; Com. Dig. vol. i, p. 554, citing Co. Lit. ' ' Henry VI. Pt. ii. Act v. Sc. i. ,!: > 7 Rap. I. tkW\ NATURALIZATION OF ALIENS. 21 jurors, etc., present that J. S., being a subject of our lady the Queen, not regarding the duty of bis allegiance * * * and wholly withdrawing the allegiance, fidelity, and obedi- ence, which every true and faithful subject of our said lady the Queen should and of right ought to bear towards," etc. (a). And in the case of a peer of the realm, articles of im- peachment for high treason recited that J. S., " being a subject of His Majesty, and having withdrawn that due obedience, fidelity and allegiance which as a loyal subject he owed, and of right ought to bear to his only true, lawful, and undoubted sovereign of this kingdom,"' etc. (b). In Calvin's Case (c), adjudged in 1609 by the Court of E -^chequer, a much quoted authority, the fundamental principles governing the question are laid down. ** Lige- ance " is there defined as " the true and faithful obedience of the subject due to his sovereign. This ligeance and obedience is an incident inseparable to every subject " (p. 8) ; and it is said to be " a quality of the mind and soul, not confined within any place" (pp. 12, 16) ; that it is due by the law of nature (p. 22) ; and that " the ligeance of the subject is of as great an extent and latitude as the royal power and protection of the king, ct t^ converso " (p. 13) ; that the maxim was, protectio trahit subjectionem et subjectio protcctionem ; and that " power and protection draweth ligeance, and it followeth that seeing the king's power, command, and protection extendeth out of England, that ligeance cannot be local or confined within the bounds thereof " (p, 16) ; and it was held to be due at all times and in all countries (d) . {a) Arch. Crim. Pleadings (17th ed.) 20. (6) Lord Lovat's Case (1746), Howell's State Trials, vol. xviii. p. 546. (f) 7 Rep. r, and xviii. State Trials. (d) Broom's Com., vol. i. p. 445. 22 NATURALIZATION OP ALIENS. Sir M. Foster says, " Natural allegiance, namely, that which is due from all men born within the king's dominions, and which arises by nature and birth, is founded in the re- lation every man standeth in to the Crown, considered as the head of that society whereof he is born a member, and on the pecuhar privileges he deriveth from that relation, which are with great propriety called his birthright (e). It is a reciprocal bond, by which the subject is held to obedi- ence and the king to protection (/). This allegiance was by the common law of England, held to be indefeasible {g) or perpetual, a doctrine which has given rise to much controversy, and which has been urgently assailed, especially by American states- men, although at the same time, and until 1868, it con- tinued to be law in the United States, as will presently be shown. Sir M. Foster, in his work on Crown Law already referred to, sp aking of the privileges derived by the subject from the relation above mentioned, at p. 183, says, ** This birthright, nothing but his own demerit can deprive him of ; it is indefeasible and perpetual ; and consequently the duty of allegiance which arises out of it, and is inseparably connected with it, is, in consideration of law, likewise inalienable and perpetual ;" and he refers to a then modern case " in which this doctrine was treated by the Court as a point never yet disputed." This was the case of ^Eneos Macdonald{h), who was tried for high treason in the King's Bench, for having borne arms in the rebellion of 1745. It appeared that the prisoner had been brought up from early infancy in France, and that he held a commission from the French king. His counsel, in addressing the jury, spoke of the doctrine of natural allegiance as a slavish principle, (c) Foster's Crown Law, 183 (1762). (/) Com. Dig. vol. i. p. 553 cit. Calvin's Case ; Chitty on Prerog. lo. {g) I Inst. 129(1 ; Cockb. pp. 63, 128. [h) Foster's Cr. Cas. p. 59, and State Trials, vol. xviii. p. 85S1. NATURALIZATION OF ALIENS. 23 derogating from the principles of the revolution. But the Court interposed and said it never was doubted that a sub- ject born, taking a commission from a foreign prince and committing high treason, may be punished as a subject for such treason, notwithstanding his foreign commission, and that it was not in the power of any private person to shake off his allegiance, or transfer it to a foreign prince ; nor was it in the power of a foreign prince, by naturalizing or employing subjects of Great Britain to dissolve the bond of allegiance between them and the Crown. Lord Chief Justice Lee told the jury that the only fact to be tried was whether he was a subject of Great Britian, as in that case he must be found guilty. He was found guilty and received sen- tence of death as in cases of high treason ; but received a pardon on condition of banishment (i). " Nothing," said Vice-Chancellor Shadwell, in a case before him in 1847, *' I apprehend can be more certain, than that a natural born subject cannot throw off his allegiance by any such acts," referring to naturalization in the United States (;■). And as recently as 1867 the doctrine was re-affirmed by Chief Baron Piggott and Mr. Justice Keogh at Dublin, on trying a charge of treason felony. A jury de medietate lingu. 214). The leadin}^ principle of the bill was the abroj^ation of the old legal rule, nemo potest cxiiere jxitrimn, an old rule of law which, however expedient and UBoful it may have been in other timoH, and in a dilTcreut utato of society, has become obBolete and in inapplicable in the case of a country which, CANADA, I SHI, 57 I I like Kiij^'liiiid at llic [ticscnt day, ciu'ouriiji^L'.s emignitioii on a very Uiv^c Kcale. (Sul; spueelioM of Lord Cliaucullor 11a- thciloy and tliu Euil of Derby, Hansard, Imp. 1870, and ante ID). (//). Lord CliaiicoUor Jlatlicrley explained that the word " vohnitarily" was iiecesssiry, as follows : In several of the Southern States of Anieriea men were naturalized aj^ainst their will by Acts of the Legislature, and it would be gi'ossly unfair to refuse to receive back as citizens persons who had been compelled to cast olf their allegiance to this country if they came asking us to be reinstated in their privileges. And in Prussia no person could hold a consular or dipkmiati.- l»osition in a fortified town unless he were naturalized, A practical result of this had occurred. An Englishman who iiad acted as consul in Prussia, and who had necessarily becin naturalized, was afraid to let his sons visit him in Prussia because they would be liable to the conscription as subjects. I. Tli.it wlurc imy IJiitisli subject hasivovibo , r 1 • ■ . r r ii • "ow such l)i;l()lC the coining into lorCC Oi this s-il.jcd may Act vc)lunt;irily ])cc()inc iKitui:ilizcil in a [iriii'sil sub- lorciirn State; ruul vet is desirous of re- J*'^'. '" ^^' maining a British subject within Canachi, he may, at any time within two years {h) alter tlie comin;^ into force of this Act, make a declaration that he is desirous of remaiiiins; a British subject, and upon such declaration (hereinafter referred to iKdaratiun as a declaration of British nationality) bcinf( macU.', and ujK)n his taking thi: oath of allegiance, the declarant shall be deemed to be and to have been coiitinu- n.N.A. anil its L'lJci I. 5 58 tin: naturalization act, Except when ally .1 British subject within Canada, such foreign witli this qualification, that he shall not, ^'^''''" when within the limits of the foreij^n State in which he has been naturalized, be deemed within Canada to be a British subject, unless he has ceased to be a sub- ject of that State in pursuance of the laws thereof, or in pursuance of a treaty to that effect (i). (//). This period, as cxphiiiuid by the Lord Chancellor, was f^iveii for the benefit of those who had been natural- ized abroad previous to the passing of the measurt;, and who, according to the existing law, were still British subjects, to choose whether they would remain foreign subjects or return and reclaim their citizenship in Kng- ];ind. That was a point upon which lie thought there could be no real difference of opinion, for up to this time, when a man asked for naturalization abroad bo knew that be would remain a British subject, and it would be unjust by ex post fdcto legislation to deprive him of that privilege. The interuiitional measure could only be made perfect by jigreement with all foreign states, but a great step was made l)y pointing out to other states the princii)lo deemed most expedient for adoption — namely, that as soon as a man was naturalized in one country be ceased, ijmt fdcto, to belong to another. (See conventions or treaties between (xreat Britain and the United States in Appendix). (/) The conunissioners on the English Naturalization Bill recommended that when a i)erson had fairly and voluntarily caused himself to be naturalized in one country be should cease, i]m) farto, to be subject to the country which ho had (piitted, and become the subject of the country he had CANADA, ]8,m. 5;) adopted. They further recommended that inasmuch as it would he well to make these re^^nilations retrospective, and clear the whole question at once, it might he advisahle to allow a period of time within which any person who, at the passing of the Act, has been so naturalized in any forei^u country might, if he thought fit, give up such naturalization and return to the country of which he was originally a citizen. Sec. 5, ante, provides for the case Oi an alien who had become naturalized in Canada; this provides for the case of a British subject who has been naturahzed abroad, divesting himself of his acquired nationality within a given' time. (See Form of Declaration, post). 2. A declaration of British nation ilitywi.ero and may be made, and the oath of ^Icq^mnccl:;;!:;;':^::^^- be taken as follows: — ff the declarant ''"",'"*'*> '"' 1 ■ 1 TT ■ 1 T r niaile be in the United Kinf(dom in the presence of a Justice of the Peace ; if elsewhere in Her Majesty's dominions in the pres- ence of any jud^^e of any court of civil or criminal jurisdiction, or of any Justice of the Peace, or of any other officer for the time beinnr authorized by law, in the place in which the declarant is, to ad- minister an oath for any judicial or other le.i^al purpose; if out of Her Majesty's dominions, in the presence of any officer in the diplomatic or consiilnr service dI Her Majesty. GO TIIK NATUUALI/iATlON ACT, NATURALIZATION AND UI-SHMl'TION OF JJKITISII NATIONALITY. Alien haviiiR 10. All alicn wlio, wi'thiii siicli Hmitod can!ida"or tiiTic (;) l)cf()rc t.'ikinijj tlic oaths or affirma- been in the ^\^^^^c^ Qf rcsidoiicc and allcl TIIK NATUIIALIZATION ACT, such certificate be filed of record in the court. * In the North- 14. In tile Noitli-Wcst Tenitoiies aiul torics, &c, ill the District of Keewatin, such certili- cate shall be presented to such autlior- ities or persons as may be provided by order or regulation of the Governor-Gen- eral in Council, f and thereupon such authority or person shall take such pro- ceedings with respect to such certificate, and shall cause the same to be filed of record in such way as may be provided by such order or regulation. Cortifkaie 15. The alicii shall, afier the filing of zaiion from asuch Certificate, be entitled, under the ^''"'^'" seal of the Court if such certificate has been presented to a Court, to a certificate of naturalization in the form C in the schedule hereto annexed or to the like effect ; and if the certificate has been presented to an authority or person, as Froin an an- • i i i i i • r i thority duly providctl by ordcr or regulation oi the by the Govor- Governor General in Council, the alien uor in Council gj^.^j| be entitled to receive from such authority or person a certificate of nat- uralization authenticated as may be pro- vided by such order or regulation. J * Sic decision of Judjj;e Ardagh, Co. Simcoe, Ont., In re C. C. WebsUr, a coutciited case, in Appentlix. f Vide Regulations, post. I Ibiii. 1 1 'I CANADA, 1881. (\r> 16. 1 lie ccrtifiCcitc j^nintcd to an alien if ccrtiiicuc who applies for naturalization on account tioniu; on fl ,1 /'^ , account of service under the Government, as pro- service. vided by the tenth section hereof, shall be filed of record in the office of Her Majesty's Secretary of State for Canada ; and thereupon the Governor General in Council may authorize the issue of a certificate of naturalization to such alien in the form D in the schedule hereto or to the like effect. 17. An alien to whom a certificate of KikIusoi naturalization is granted shall, within uiSi^Jj'''" Canada, be entitled to all political and other rif^hts, powers and privileges, and be subject to all obligations, to which a natural born British subject is entitled or subject * within Canada, with this qualifi- cation (w), that he shall not, when within the limits of the foreign State of which he wS lu/','. was a subject previously to obtaining his^J."'"" !:''^ J I J o St.iti; of certificate of naturalization, be deemed ^^''i^*' '"• ^as a subject. to be a British subject unless he has ceased to be a subject of that State in pursuance of the laws thereof, or in pur- suance of a treaty or convention to that efTect.t (m) The (jualilication of thr etTect of naturalization, and the exccptiou to it wiuch follows, with the similar iiualilica- • See ante, p. 49, as tu object of provisoes in sec. 4. f- See Cuiivention between United States and Great liritain in Appendix. U.N.A. G H- (w; THE NATlUtAMZATlON ACT, tion iind Lxecption in Koction 0, sub-section 1, and in section 23, are inserted in deference to the rij^lits of forcij^Mi ^^overn- iiients under the rules of international law before referred to.* Again, the language of the Lord Chancellor may be cited with advantage. Upon this provision, referring to Lord Westbury's ])roposed amendment that the bill should require a foreigner to obtain tlu' consent of his own country before he could be naturalized in England, he said, " There were countries even in the present day which declined altogether to allow their subjects to accept foreign naturalization and to become subjects of a foreign state. All those states which adopted the Code Napoleon were in the position — that after the naturalization of their subjects in a foreign country, their natural status in the country from which those persons proceeded was lost. But there were other countries, such as Prussia, and other states in Germany where a dilfercnt law prevailed, they refused to permit any such rejection of this allegiance by their subjects. The (picstion, therefore, came to this, whether we were prepared to refuse every foreigner who could not obtain previous leave from the country of his origin the right of naturaliza- tion in England. What would that principle involve'? Heretofore we had opened our gates wide to all the per- secuted in all parts of the globe, and there had been times in which it would have been impossible for those who sought refuge on our shores from what they conceived to be the l)er8ecution of their own governments to obtain the consent of those governments to their settling here. Such consent might have been refused for example l>y llussia in regard to the Poles, and other Powers of Europe might have taken the same course. * * * Hu apprehended that neither • Vide anic, pp. 40, 5>s. These (jualifyiiig words arc inserted in pass- ports issued ty IJritisli subjects as siiown in the form in Appendix, nANADA, 1881. e? Houso of Piirliamrnt would bo rciuly to part with thiit ^rcnt (liHtiiiction, tlio hospitality this country cxtondod to all, comiuf; from every land, who were in trouble or distress. liUt if we opened to thcni our hospitality should we say that they were * >■ he incapable of beeominfj; our fi'llow-subjects if they desired itV For we could not expect them always to obtain the consent of the countri(!S from which they came. Could we tell them we would have nothing; to do with them beyond iiffording them shelter for a time, that they could not remain and settle among us as citizens ? " What under such a rule would have become of all the Huguenot families who cam^; over here on the revocation of the edict of Nantes, and who had produced some of the ablest men in this country from that time — men some of whom might be mentioned as sitting in that House with honour ? It was not likely that those refugees would have ol)tained leave from the government of Louis XIV. to become naturalized in England. He trusted, therclbre, that their lordships would not sluit the door against the possi- bility of foreigners being naturalized in this country unless they could procure the consent of the state from which they come. That sul)ject had ))een well weighed by the government who had acted on the well-considered report of the commissioners. From that report it would be found that the countries from which the greater number of foreigners proceeded who would be naturalized here were countries where the cessation of a subject's original status was not permitted. When the matter came to be con- sidered it would be a serious thing to deny such persons naturalization when they desired permanently to settle in this country " {IlansartJ, Imp. 1870). 18. A special certificate of naturaliza- ^e'-fifi';^;'*^^ ^f ' , naturaliza- tion may, in manner aforesaid, he f^ranted tinn whore . , , natiiinality to any person with respect to whose is doMixfui. ()H rilK NATURALIZATION ACT, nntionality as a British subject a doubt exists, and such certificate may specify that the ^rant thereof is made for the jiurpose of (luietinjj; doubts as to the rij^lit of such person to be deemed a British i-:fr.(i thnrnofsul)jcct ; and the pjrant of such special certificate sliall not be deemed to be any admission that tlie person to whom it was <];ranted was not previously a Britisli subject. Such special certificate may 1)0 in the form E in the schedule hereto annexed or to the like effect. Ar, lo aliens iiatur.ilizcil 1)1 Inni tliis Act. 19. An alien who has been naturalized previously to the coming into force of tliis Act may apply for a certificate of naturalization under this Act, and such certificate may be (granted to such natu- ralized alien upon the same terms and subject to the same conditions upon which such certificate mij;ht have been <;ranted if such alien had not been previously naturalized. Aivi as In 20. A natural born British subject who jrl'/bybiriii '^'^^ bccomc au alicii in pursuance of this who hash,.- j^^.^ ^j. Qf ^,^ j^^^ ^j- i^y^ j„ 1-1^,^ behalf, come, an J aiicMi. ^nd is, in this Act, referred to as a " statutory alien," may, upon the same terms and subject to the same conditions as arc reciuired in the case of an alien , apjilyinjT; for a certificate of naturalization, CANADA, IHHl, (J!) apply to tlic proper Court or authority or person in thnt hclialf for a certificate, hereinafter referred to as a '* certificate {%,rtir,rat.> m of re-admission to British nationality/' i;-,!,!;;';^,'''" re-a(hnittins of their status as subjects of such foreign * Sec note to si!C. 17 I Si-o Troaty bctwtvn Cunt linlaiii and IJnitoM Slates in Ap|v«nilix, CANADA, 18H1. fl State, and where such convention or tlie hiws of such lorei^Mi State leijuire a resi- dence in Canada of more tlian three years or a service under tlie Government of Canada or of any of the I'rovinces of Canada, or of two or more of such I'ro- • vinces, of more tlian three years, as a conthtion precedent to such subjects (hvestin^ themselves of their status as such foreif^n subjects — an alien beiii}^ .i Mow jiii.n subject oi such foreign State, v^'llo desntssiidi siiir to divest himselt ol his status as such,,.r(i(i,,,i, ui subject, may, if at the time of taking ^ij^..utui.iiiza nun. oath of residence or service he has resided or served the length of time re(|uired by such convcnti(jn or by the laws of tiic foreign State, instead of taking the oath shewing three years residence or service, take an oath shewing residence or service for the length of time re(|uired by such convention or by the laws of the foreign State ; and the certificate to be granted to the alien under the twelfth section hereof shall vState the |)eriod of residence or service sworn to. The c(.'rtificate ofWiaitiu Ullillt.ltr naturalization shall liki;wise state the ^ii;iii .lu.w , /• . I ■ .Itlll lib L'tlcCl. period ol resklence or service sworn to, and the statement in such certificate of naturalization shall be suHicient evidence of such residence or service in all courts and places whatsoever. m TUE NATUUALIZATION ACT, As to aliens 25- An alien who, either before or after in such case ,, . • . r r . t • \ . a oftonven the coming into torce oi this Aet, has, bto-me^Jir' whether under this Act or otherwise, be- ""'■'I '" f come entitled to the privileges of British |>ri\ ilcf^cs (if I (^ Hntish birth birth in Canada, and who is a subject of ill Cauuda. _ . . a foreign State with which a convention: to the effect above mentioned has been entered into by Her Majesty, and who desires to divest himself of his status as such subject, and who has resided or served the length of time recjuired by such convention or by the laws of the foreign State, may take the oath of resi- lience or service shewing residence or service for the length of time leciuired by such convention or by the laws of the foreign State, and apply for a certihcate (or a second certificate, as the case may be) of naturalization under this Act. Married woman. NATIONAL STATUS OF MARRIED WOMEN AND INFANT CHILDREN. 26. A married woman shall, within Canada, be deemed to be a subject of the State of which her husband is for the time being a subject (n). {n) This section and the following seetions 27 to 81 inelu- sivG correspond to section 10 Imp. Act of 1870, and its sulj-sections, and sec. 3 of Imp. Act of 1872, upon which there was some discussion iu the Imperial I'arliament. CANADA, iHiSl. 7a Mr. Aitlcnuaii Lawrence olycctcd tlitiL * * * "A married woiium niif^lit have married a Jiritisli .sul»ject, yet by a former clause in the I -ill combined in tlio present one, if the husband .iiado himself an alien, the wife althouf^h residing with her children in this country, and Judicially separated from lier husband who lived abroad, would be made a forei^jn subject against her will, * * * through his changing his natitmality. Sir Roundell Palmer, said those questions were very carefully considered in the com- mission, and it was proposed that they should bo settled in accordance with the universal principles of private Inter- national Law. It was quite settled as a matter of Inter- national Law generally tliat the status of the wife and that of the minor children followed the status of the Imsband and father. The Dill proceeded on that principle, and no harm could result from that, because it was only political status that was in (|uestion ; the Bill abolished all distinc- tiy birth who has l)t;- fiiiiican ahi;ii by niarriaj^c. ('hiltli(jii i)f liritish sub- jccls who liavu bocumu aliens. ('hihlii!ii ol parnits who liavt; liiiiMi riN uhnillcil to liiiti'.h luUiunulily. 27. A widow bcinj,' a natural lunii liritisli subject, who has become an aheii by or in consecjuence of lier niarriai^e, shall be deemetl to be a statutory alien, and may, as such, at any time during; widowhood, obtain a certificate of re- admission to British nationality, within Canada, in manner provided i)y this Act. 28. Where the father being a British subject, or the mother beinf,^ a British subject and a widow, becomes an alien in jnirsuance of this Act, every child of such father or mother who durinj^ infancy has become resident in the country where the lather or mother is naturalized, and has, according to the laws of such country, become naturalized therein, sliall, within Canada, be deemed to be a subject of the State of which the father or mother has become a subject, and ncjt a British subject.* 29. Where the lather, or the mother being a widow, has obtained a certihcate of re-admission to British nationality within Canada, every child of such father or mother who during infancy has become resident within Canada with such father or mother, shall be deemed to have resumed the position of a British subject within Canada, to all intents. • Vutc iintt:, [). 73. CANADA, 1881. 7r. 30. Where the father, or the motlicrwhoro the , . . , , 1-1 -r pannts havn heiii*^ :\ widow, lias ol)taine{l a certihcateoiunined ci- ol naturanzation witliin Canada, every nrituraiiza- child of such father cjr mother wlio (liirin«;""" infancy lias become resident with such father or mother witliin Canada sliall, within Canada, be deemed to be a natu- ralized Britisli subject {o). {()) Aecovdinp; to continontul law tlio nationality of nat- ural children doiicndH on the niotlu r, ixpopt, indeed, whore, aH can !>(> done under that law as distiuj^'uished (Vom that of Falkland, the father, l»y sultseimcnt niiirria^'e, or by formal recognition, le<;itinii/i'S tJK otVspriu;^. And when- ever the parents are unknown, they arc presinued to have iu'louf^ed to the country in which the child is found : ho that the child of unknown parents always takes the nation- ality of the country in which he is Ih'st found. {Coclch. 25; Storij Conll. Law, oKJ). A bequest of persoualty in an Enr^iish will to the child- ren of a foreij^Mier uiiist be construed to mean his le^'itimate children, and by internatiouMl law as recofiinized in this country (».<■. Enpjland), those children arc> lej^itinuite whose lef^itiniacy is established by the laws of the fnther's domi- cile, (/ic Andron, Amlros v. Atidrnft, L. K. '21, Ch. P. (VM (188'2). See fnrthei' Jis to status of children born out of lawful wedlock, J'liilliinori- Int. Law, 2nd ed. vol. iv, ciii». 21). 31. Nothinp; in this Act contained Art nm m shall d(>privt^ ;iny married woman of any r.i'riKiie'Mi , . • . , • 1 1 in.'irii('(l estate (U' inti'nst in real (U' personal ^^„„„.„. projHU'tv ti» which she mav have become tit ^M 70 TIIK NATURALIZATION ACT, entitled previously to the cominj; into force of this Act, or affect such estate or interest to her prejudice. H«'Kuiatinns 32. Thc Governor-Gcneial in Council by (Jovi^rnor- . • i r i r n in-Coiuicii as may by regulation provide lor the lollovv- "~ ing matters : — (p) (;)). Some of tho matters Hpcciiicd in this H(>ctioii appear to have been provided for in the Aet its(>ll" with Schedule of ForniB, and not wholly left to rei^ulation by Order in Council; (.(fr.: those matters specified in sub-sections 2, H, 7 and 8. For other matters see ra'}:;ulations in Api)endi\. ncdaratinn. I. Tlic form and registration of declara- tions of British nationality ;* K«Kisiiaiion. 2. The form and registration of certi- ficates of naturalization in Canada ; Kc-ailinis- sioii. AlionnRC. 3. The form and registration of certi- cates of re-admission to thc I British nationality within Canada ; 4. The form and registration of declara- tions of alienage ; t TranKinisRion 5- Tlic transmission to Canada for the 'flIr'pnrpos(y any regulation of" the Governor in Council authorized to be inserted in the register. 36. Any Act passed during the present session touching documentary evidence, shall apply to any regulation made by the Governor-General in Council, in pursu- ance of or for the purpose of carrying into effect any of the provisions of this Act.* As to acts (lone hcfore naturaliza- tion. MISCELLANEOUS. 37. Where any British subject has, in pursuance of this Act, become an alien, he shall not thereby be discharged from any liability in respect of any acts done before the date of his so becoming an alien. As to aliens naturalized in any part of Canada before this Act. 38. Each and every person who, being by birth an alien, had, on or before the coming into force of this Act, become entitled to the privileges of British birth, within any part of Canada, by virtue of any general or special Act of Naturaliza- tion in force in such part of Canada, shall • See the Act to amend the law respecting documentary evidence in curtain cabes, 44 Vict. cap. 2ti. (Cuu.) CAN..DA, 1881. hereafter be entitled to all the privilej^rcs by this Act conferred on persons natural- ized under this Act. HI 39. Nothin (r in this Act contained Act not to shall repeal or in any manner affect the'iflcVsTci Act of the Le^nslature of Upper Canada, ^' ""■ ''■ passed in the hfty-fourth year of the reij^n of His late Majesty Kin«; (leorL^e the Third, intituled ''An Act to declare certain persons therein described A liens, and to vest their estates in His Majesty,'' or any pro- ceedings had under the said Act. 40. Nor shall anything in this Act con- Nor certain tained repeal or in any manner affect thevinlVof''"" Act of the legislature of the late Province ^^°''^''- of Canada, passed in the session held in the fourth and fifth years of Her Majesty's reign, chapter seven, intituled '' An Act 4, sw..c. j. to secure to and confer upon certain inhabi- tants of this Province, the civil and political rights of Natural born British Subjects,'' or the first, second or third section of the Act of the said legislature passed in the twelfth year of Her Majesty's reign chapter one hundred and ninety-seven, intituled ''An Act to repeal a certain Act i. v., c. ..^7. therein mentioned and to make better provi- sion for the Naturalization of A liens," —ov impair or affect the naturalization of any II.N.A. g (V ■^ O IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1.25 '^iiiim iM IIM 1140 1.4 1= 1.6 "n & % //, e. ^A VI * A V /A Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, NY. 14S80 (716) 872-4503 ? :<" C'. ,^ ^ : 9) n? 82 THE NATURALIZATION ACT, naturalized under them. Or the rights 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 naturahzation, all which ' shall remain valid and be possessed and enjoyed by such person or party respec- tively. As to persons 41. Evcrv person who, beine: by birth entitled to be , , ,/. ^ . I r ^ r naturalized an alien, aid, prior to the nrst day oi uary^^isS' January, 1868, take the oaths of residence of any Pro^''' and allegiance required by the naturaliza- vinceof ^jq^ laws then ir Toice in that one of the Cant'da. Provinces now forming the Dominion of Canada, in ^\'hich ^ ^ hen resided, shall, within Canada, be •.■'imitted to all the rights and privileges of a natural born British subject conferred upon naturalized persons by this Act ; 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 oath in form G in the schedule hereto before some judge, justice, or person authorized to administer the oaths of resi- dence and allegiance under this Act, in the county or district in which he resides.* Aliens who 42. All alicus who had their settled had their r i i • ■ i r i i t-» settled abode placc of abodc lu Cither of the late Pro- in certain . ^^-t r^ i t /-« i Provinces, on viuccs OI Upper Canada or Lower Canada * This section is in effect a re-enactment of sec. i c^f 34 Vict, cap. 22. CANADA, 1881. 83 or Canada, or in Nova Scotia or New certain nam- Brunswick, on or before the first day of Bd&ib-^' July, A.D. 1867*, or in Rupert's Land j^f^ °"h *",V or the North- West Territories on or before allegiance, the fifteenth day of July, A.D. 1870,1 ordence!''" in British Columbia, on or before the 20th day of July, A.D. 1871!, or in Prince Edward Island, on or before the first day of July, A.D. 1873, § and who are still residents in Canada, shall be deemed, adjudged, and taken to be, and to have been entitled to all the privileges of British birth within Canada 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 oaths of allegiance and residence|| in the form prescribed by this Act, before some Justice of the Peace or other person authorized to administer oaths under this Act. 43. The oaths taken under the last pre- Wh^re the ceding section shall be filed of record,— Quired b'ys. if the person making them resides in the Sled ofrecw * Date of Union of Provinces named in Proclamations, dutaila Gazette 1S67, pp. 1835, 1839. t Date of admission to Dominion, see Stats Can. 1S72, p. Ixv. t Date of admission, see Stats. Can. 1S72, p. Ixxxiv. § Date of admission, see Stats. Can. 1S73, p. ix. II See Forms, pp. 87, 93. mmm 84 THE NATURALIZATION ACT, Province of Ontario, 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 Supreme Court, — if he resides in British Columbia or Prince Edward Island, with the Clerk of the Supreme Court, — if he resides in Mani- toba with the Clerk of the Court of Queen's Bench, or with the Clerk of the County Court of the county in which he tesides, — if he resides in the North-West Territories or in the District of Keewatin, with such person or authority as may be provided by order or regulation of the Governor General in Council ;* and upon its being so filed, the person making it shall be entitled to the benefit of this Act and of the privileges of British birth within Canada, and shall also, upon pay- ment of a fee of twenty-five cents, be entitled to a certificate from the person with whom the oaths have been filed, in the form H of the schedule hereto or to the like effect ; and the production of such certificate shall be prima facie evi- dence of his naturalization under this Act, Vide ante, p. 64, and Regulations in .\ppendix. Effect of tiling ; fee for certificate, and its effect. CANADA, 1881. m and that he is entitled to and enjoys all the rights and privileges of a British subject. 44. The Governor in Council ma}' commission- appoint, from time to time, Commission- ^'^ ^°'" ^^■ ' mmistering ers to take and administer oaths under °'iths. this Act. PENALTY FOR FALSE SWEARING. 45. Any person wilfully swearing false- ^""3/5^^°^ ly, or making any false affirmation under s^^^ari°g or this Act, shall be deemed guilty of wilful ^^''"''''^• and corrupt perjury, and shall, on con- viction, in addition to any other punish- ment 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 P''°^''«o ; i . . . 1 ? , Saving rights respect to estates derived trom or held "Mothers, under him or her, shall not thereby be prejudiced, excepting always such others as shall have been cognizant of the per- jury at the time the title by which they claim to hold under him or her was created. 46. After the coming into force of this Future natu- Act, no alien shall be naturalized within onlySer Canada, except under the provisions of*''''^^'- this Act. ippp 86 THE NATURALIZATION ACT, CANADA, 1881. SCHEDULE OF FORMS. ; '• A. {See Section 10). The Naturalization Act, Canada, 1881. Oath of Residence. I, A. B., do swear {or, being a person allowed by law to affirm in judicial cases, do affirm) tbat, in the period of years preceding this date I have resided three {or five, (is the case may be) years in the Dominion of Canada with in- tent to settle therein, without having been, during such three years {or five years, as the case may he), a stated resi- dent in any foreign country. So help me God. Sworn before me at on the y A. B. day of * The NATUR.UiizATioN Act of Canada, 1881. Oath of Service. I, A. B., do swear {or, being a person allowed by law to affirm in judicial cases, do affirm), that, in the period of years preceding this date, I have been in the service of the Government of Canada {or, of the Government of the Pro- vince of , in Canada, or as the case may he) for * Signature of official who administers the oath. Every such oath shall be taken and subscribed by such alien, and may be administered to him by any of the following persons, viz. : — A judge of a court of record in Canada, a commissioner authorized to administer oaths in any court of record in Canada, a commissioner authorized by the Governor-General to take oaths under this Act, a Justice of the Peace of the County or district where the alien resides, a Notary Public, a Stipendiary Magistrate, a Police Magistrate. Vide ante, p. 6i. SCHEDULE OF FORMS. if the term of three years, and I intend, when naturalized, to reside in Canada (or to serve under the government of (IS the case may he). Sworn before me at on the day of A. B. The Naturalization Act, Canada, 1881. Oath of Alk'ijiancc. I, A. B., do sincerely promise and swear (or, being a person allowed by law to affirm injudicial cases, 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 Dominion of Canada, dependent on and belonging to the said Kingdom, and that I will defend her to the utmost of my power against all traitorous conspiracies or attempts whatever which shall be made against Pier Person, Crown and Dig- nity, and that I will do my utmost endeavour to disclose and make known to Her Majesty, Her Heirs or Successors, all treasons or traitorous conspiracies and attempts which I shall know to be against Her or any of them ; and all this I do swear (or affirm) without any equivocation, mental evasion or secret reservation. So help me God. Sworn before me at this day of t * See preceding note, p. 86. \. \ t See note to form A. A. B. 88 THE NATURALIZATION ACT, CANADA, 1881. B (See Section 12). The Naturalization Act, Canada, 1881. Certificate under Section 12. I, C. D. (name and description of the person Infore wlioni the oaths have been taken — See Section 11), do certif}' that A. B., an alien, on the day of , siil)scril)ed and took before me the oaths {or affirmations) of residence and allegiance (or service and allegiance, as the case may he), authorized hy the tenth section of The Naturalization Act, Canada, 1881, and therein swore (or aftirmed) to a residence in Ca^^ada (or service, ka.), of years, that I have reason to believe and do believe that the said A. B., within the period of years preceding the said day, has been a resident within Canada for (three or five, as the case 7nay he) years (or has been in the service of the Government of Canada for three years ; or, as the case may he), that the said A. B. is a person of good character, and that there exists, to my knowledge, no reason why the said A. B. should not be granted all the rights and capacities of a natural born British subject. Dated at , the day of CD. If the above Certificate be applied for by a person, icith res- pect to tvhose nationality a doubt exists, and who desires a special Certificate of Naturalization under Section eiyhteen, add thefollowiny ; — " I further certify that the said A. B. has doubts as to his nationality as a British subject, and desires a special certificate of naturalization under section eighteen of said Act." If the above certificate be applied for by a person previously a naturcd born British subject, but who became a7i alien by naturalization, an appropriate statement to that effect should be inserted in the certificate. SCHEDULE OF FORMS. 89 C. (See Seetiou 15). The Naturalization Act, Canada, 1881. Certificate of Xatturdhation. Dominion of Ccanada, Province of In the {name of Court) : Whereas, A. 13., of, .^-c. {deseribiuf/ him as formerly of such aplaee, m such a foreion country, and now of such a place in Canada, and addiny his occupation or addition), lias com- plied with the several requirements of The Xaturaliyation Act, Canada, 1881, and has duly resided in Canada for the period of (three or five, as the case maij be) years. And whereas the certificate granted to the said A. B. under the twelfth section of the said Act has been duly read in open Court, and thereupon, by order of the said Court, has been filed of record in the same pursuant to the said Act [^') This IS therefore to certify to all whom it may concern that under and by virtue of the said Act, A. 13. has l)ecome na- turalized as a British subject (§), and is, within Canada, entitled to all political and other rights, powers and priv- ileges, and is subject to all obligations to which a natural born British subject is entitled or subject within Canada with this qualification that he shall not, when within the limits of the foreign State of which he was a subject (or citizen) previous to the date hereof, be deemed to be a British subject unless he has ceased to be a subject (or citizen) of that State in pursuance of the laws thereof or '•• in pursuance of a treaty or convention to that effect. Given under the seal of the said Court, this ^^^y of , one thousand eight hundred and E. F. Judge, Clerk (or other proju-r officer of the Court.) This form may he altered so as to apply to the North- West Territories or District of Kcewatin* * See Regulations, post. p. 94. • J«lfC^ I 90 THE NATURALIZATION ACT, CANADA, 1881. D {See Section 16.) The Naturalization Act, Canada, 1881. Certificate of Naturalization to a person after service under Government. Whereas A. B., of {descrilnnff him, and adding his occupa- tion or addition) has compli(;(l with the scv^eral reqiurements of The Naturalization Act, Canada, 1881, and has been in the service of the Government of Canada, {or, as the case maij he) for a terra of not leas than three years, and intends, when naturahzed, to reside in Canada {or to serve under the Government of , as the case may he) ; and whereas the certificate granted to the said A. B., under the twelfth section of the said Act, has been duly filed of record in the office of Her Majesty's Secretary of State for Canada pur- suant to the said Act; and whereas the Governor General in Council has duly authorized the issue of this certificate of naturalization ; This is therefore to certify to all whom it may concern that under and by virtue of the said Act the said A. B. has become naturalized as a British subject and is, within Canada, entitled to all political and other rights, powers and privileges, and is subject to all obligations to which a natural born British subject is entitled or subject within Canada, with this qualification that he shall not, when within the limits of the foreign State of which he was a subject {or citizen) previous to the date hereof, be deemed to be a British subject unless he has ceased to be a subject {or citizen) of that State in pursuance of the laws thereof, or in pursuance of a treaty or convention to that effect. , • Given under my hand, this day of Secretary of State of Canada. ' SCHEDULE OF FORMS. E {See Section 18.) n Special Certificate of Naturalization to a person with respect to whose nationality a doubt exists. The Naturalization Act, Canada, 1881. Follow form C down to the sicpi M» 1)1 THE NATURALIZATION ACT, CANADA, 1881. REGULATIONS* MADE UNDER THE AUTHORITY OF THE NATURALIZATION ACT, CANADA, 1881. f 1. The time within which an alien's three years' resi- dence or service must be had before taking the oaths or affirmations of residence and allegiance, and procuring the same to be tiled of record as provided in the tenth section of the said Act is limited to live years, immediately prece- ding the taking of such oaths or affirmations. '2. In the North-west Territories and in ■^he District of Keewatin, the certificate mentioned in the twelfth section of thq" said Act shall be presented to one of the Stipendiary Magistrates of the North-west Territories, who shall take such measures to satisfy himself that the facts stated in the certificate are true, as shall in each ease appear to him to be necessary ; and when satisfied that the facts stated in the certificate arc true, he shall grant to the alien a cer- tificate of naturalization, authenticated under his hand and seal :l Each Stipendiary Magistrate shall keep a record of the certificates presented to and filed with him ; also a record of all certificates of naturalization granted by him, of which he is hereby authorized at any time to give a certified copy. 3i?; The forms of declarations of alienage made in pur- suance of the said Act shall be respectively as follows : — L The Naturalization Act, Canada, 1881. Declard'tioH of AVwrnujc in/ a X n»t v. ■ the same as those mentioned in note p. 95. ^ ' P" ^9 ««^^. being h.n.a. fi 98 THE NATURALIZATION ACT, CANADA, 1881. 5. With the consent of the Treasury Board, the following provision is made in regard to the imposition and application of fees : — * Matter in which fee may be taken. For taking a declaration, whether of alienage or Brit- ish nationality For administering the oath of allegiance For registration of declaration, with or without the oath of allegiance For certified copy of declara- tion, with or without oath. . How to be applied. To the Justice or other official taking declaration. To the Justice, Commissioner, Notary, Stipendiary or other Magistrate administering the oath. Consolidated Revenue of Canada. Consolidated Canada. Revenue of Consented to by the Treasury Board. Privy Council, Ottawa, 19th December, 1883. The foregoing Regulations made under the authority of the Naturalization Act, Canada, 1881, have been approved by His Excellency the Governor General in Council this 19th day of December, 1883. JOHN J. McGEE, Clerk, Privy Council. + OTHER FEES NAMED IN STATUTE.; To Clerk of Court on certificate of naturalization. §0 25 To Eegistrar land registry office for recording - - 50 " for search and certified copy - - - 25 For certificate under section 43, 25 * Vide ante, p. 78. f Canada Gazette, January 5, 1S84. I See sees. 22, 43. IN RE C. C. WEBSTER. m APPENDIX. In re C. C. Webster. (1) In the Court of General Sessions of the Peace, Coun^:y Simcoe, before Ardagh, Deputy Judge, Chairman, Dec, 1870, the granting of certificates of Naturalization to C. C. Webster, and others, under the Dominion Act, 31 Vict! cap. 66 (1868), was opposed .m the following grounds :— 1. That the time of residence was not stated in the affidavit of residence. 2. That the certificates of the Justice of the Peace, read on the first day of Court, did not show that the requisite oaths of allegiance had been taken by the applicants. 3. That initial letters only were used in the headings of the affidavits, and not the full names of the applicants! Ardar/h, B.J., referring to section 3 of the Act, pointed out that there was no provision for filing of record the affidavits of residence and allegiance ; the only thing required to be filed of record being the certificate of residence; and tiiat by section 5 this certificate should be presented to Court on the first day of some general sitting thereof, and read m open Court, and on the other provisions of the sec- tion the learned Judge observed that the mere lodging of such certificate is not to be considered as a filing thereof, the filing taking place only upon the order of the Court on the last day of its sitting, proceeds, "The only certificate spoken of IS one of residence alone (except, indeed, that (i) 7 U. C. L.J. (1871)39. ^» 100 APPENDIX. mentioned in sec. 6, * * * ) and this appears from section 4, sub-section 3." He was of opinion that the certificate referred to in section 5 iw the certificate of residence only, * * * "The only thing before the Court and the only thing they are bound to take notice of is this certificate of residence. Behind this we cannot go, nor have we authority to enquire whether the evidence upon which it was granted was sufficient. We must presume that the Justice who granted it saw that the Act was com- plied with." Referring to section 5, the learned Judge proceeds * * * "We must enquire if the facts mentioned in such certificate, read on the first day of the Court, are controvert- ed or not. It is not attempted to be shown by the contes- tant that the alien has not taken and subscribed the oath of residence, but merely that he has made an affidavit which does not conform to the Act. This we think is not such a controverting of the fact of residence as to form a bar to the granting the certificate mentioned in section 6, in the face, too, of the certificates of the Justice saying the oath of residence has been made, and further that a residence of seven years has actually been proved before him." The three objections were over-ruled, and the certificates read were ordered to be filed of record under the provisions of the Act. But referring to section 6 — the learned Judge says that " the form (?. e. of the certificate to be granted by the Court) recites the reading of a certificate that the alien has complied with the requirements of the Act, that is, amongst other things that he has taken the oaths of residence and allegiance. In no place, however ^ do we see any provision for such a certificate ; * * the only certificate to be read is that mentioned in section 5, and that says nothing whatever about the oath of allegiance. In consequence of this and inasmuch as the third section enacts, that the oaths of residence and allegiance required TKEATY — GEEAT BRITAIN AND UNITED STATES. 101 by section 4 shall be filed of record before the alien shall be entitled to a certificate of naturalization (but without say- ing when the same are to be made, or when or where they they are to be filed), the Clerk of the Peace is hereby di- rected not to file the certificate read before the Court, nor to issue the certificates mentioned in section 6, until the said oaths are duly filed of record with him." Obiter dictum.~"It is against public policy that such certificates should be refused, except upon good and sufii- cient grounds." In the United States it has been held upon their law that the act of the Court admitting a citizen is a judgment ot that Court, and that the Supreme Court cannot look be- hind it and enquire on what testimony it was pronounced. (Spratt V. Spratt, 4 Pet. Eep. 393 ; Campbell v. Gordon, 6 Cr. 14). II Treaty of Naturalization between the British Govern- ment AND the United States. Signed May 13, 1870. Ratifications Exchanged August 10th, 1878 (2). Article 1.— British subjects who have become or shall become, and are naturalized according to law within the United States of America as citizens thereof, shall, subject to the provisions of Article II., be held by Great Britain to be in all respects and for all purposes citizens of the United States, and shall be treated as such by Great Britain. Eeciprocally, citizens of the United States of America who have become, or shall become, and are naturalized 0^£Ll\'i;of^[%. ^o"''"' ''° • ""' ^''"''^'' ''''■' Washington Govt. Print. •'It ' t • • .- 102 APPENDIX. according to law within the British clominions as British subjects shall, subject to the provisions of Article II., be held by the United States to be in all respects and for all purposes British subjects, and shall be treated as such by the United States. Article II. — Such British subjects as aforesaid who have become and are naturalized as citizens within the United States, shall be at liberty to renounce their natural- zation, and to resume their British nationality, provided that such renunciation be publicly declared within two years after the 12th day of May, 1870. Such citizens of the United States as aforesaid who have become and are naturalized within the dominions of Her Britannic Majesty as British subjects, shall be at liberty to renounce their naturalization and to resume their nation- ality as citizens of the United States, provided that such renunciation be publicly declared within two years after the exchange of the ratifications of the pre'^ent convention. The manner in which this renunciation may be made and publicly declared shall be agreed upon by the governments of the respective countries. Article III. — If any such British subject as aforesaid naturalized in the United States, should renew his resi- dence within the dominions of Her Britannic Majesty, Her Majesty's Government may, on his own application, and on such condition as that government may think fit to impose, re-admit him to the character and privileges of a British subject, and the United States shall not in that case claim him as a citizen of the United States on account of his former naturalization. In the same manner if any such citizen of the United States as aforesaid naturalized within the dominions of Her CONVENTION, io;5 liritannic Majesty, should renew his residence in the United States, the United States government may, on his own application, and on such conditions as that government may think fit to impose, re-admit him to the character anil privileges of a citizen of the United States, and Great Britain shall not in that case claim him as a British siih- ject on account of his former naturalization. Article IV. — As to cxchmtcjc of ratiftvaiiims. (Signed), JOHN LOTHBOP MOTLEY. CLABENDON. Convention {a) between Her Majesty and the United States of America supplementary to the Convention OF May 13, 1870, respecting Naturaliration. Supied (It Washington, 2Srd Fehrncmj, 1871. Ratifwations exchamjed at Washinr/ton, 4th May, 1S71. Whereas, by the second article of the co]ivention Ijetween Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and the United States of America for regulating the citizenship of subjects and citizens of tlic contracting parties who have emigrated or may emigrate from the dominions of the one to those of the other party signed at London on the 13th May, 1870, it was stipulated that the manner in which the renunciation by such subjects and citizens of their naturalization, and the resumption of their native allegiance, may be made and publicly declared, should be agreed upon by the governments of the respective countries : Her Majesty the Queen of the United Kingdom t^; 104 .PrENDIX. of Great Britain and Ireland and the President of the United States of America, for the purpose of effecting such aKroemcnt, have resolved to conclude a supphsniental con- vention, and have named as their plenipotentiaries, that is to say, Her Majesty the Queen, &c., Sir ]*ldward Thornton, Knight, Sec, Iler Envoy Extraordhiary and IMinister I'len- ipotcntiary to the United States of America, and the Pres- ident of the United States of America, Hamilton Fish, Secretary of State ; who have agreed as follows : Article I. — Any person being originally a citizen of the United States who had, previously to May 13, 1870, been naturalized as a British subject, may at any time before August 10, 1872, and any British subject who, at the date lirst aforesaid, had been naturalized as a citizen within the United States, may at any time before May 12, 1872, pub- licly declare his renunciation of such naturalization by subscribing an instrument in writing substantially in the form hereunto appended, and designated as Annex A. Such renunciation by an original citizen of the United States of British nationality shall, within the territories and jurisdiction of the United States, be made in duplicate, in the presence of any Court authorized by law for the time being to admit aliens to naturalization, or before the clerk or prothonotary of any such Court ; if the declarant be beyond the territories of the United States, it shall be made in duplicate before any diplomatic or consular officer of the United States. One of such duplicates shall remain of record in the custody of the Court or ofiicer in whose presence it was made; the other shall be, without delay, transmitted to the department of State. Such renunciation, if declared by an original British subject, of his acquired nationality as a citizen of the United States, shall, if the declarant be in the United Kingdom of CONVENTION. 105 Great Britain and Ireland, be made in duplicate in the pre- sence of a Justice of the Peace ; if elsewhere in Her Britannic Majesty's dominions in triplicate in the presence of any Judge of civil or criminal Jurisdiction, of any Justice of the Peace or of any other officer for the time being au- thorized by law, in the place in which the declarant ?s, to administer an oath for any judicial or other legal purpose;* if out of Her Majesty's dominions, in triplicate, in the pre- sence of any officer in the diplomatic or consular service of Her Majesty. Akticle n.— The contracting parties hereby engage to communicate each to the other, from timo to time, lists of the persons, who, within their respective dominions and territories, or before their diplomatic and consular officers have declared their renunciation of naturalization, with the dates and places of making such declarations, and such information as to the abode of the declarants, and the times and places of their naturalization, as they may have fur- nished. Aeticle hi.— The present convention shall be ratified by Her Britannic Majesty and by the President of the United States by and with the advice and consent of the Senate thereof, and the ratifications shall be exchanged at Washington as soon as may be convenient. ^ In witness whereof, the respective plenipotentiaries have signed the same and have affixed thereto their respective seals. Done at Washington, the 23rd day of February, in the year A.D., 1871. [l.b.] [l s. I ' See note, p. 95 ante. (Signed), EDW'D THORNTON. (Signed), HAMILTON FISH. 106 APrENDIX. ANNEX A. I, A. B., of iinficrt abode) beinpj orij^inally a citizen of the United States of America, (or a Jiritish Siihjiu-t), and liaving become naturalized within the dominions of Her Britannic Majesty as a British subject (or, jcct.) (Signed), A. B. Made and subscribed before me (insert country or other sub-division, and state, province, colony, legation or consulate) this day of 18 . (Signed) E. F. {Official before whom sworn as required by Art. 1, above.) LAW OF UNITED STATES OF AMEEICA ON CITIZENSHIP AND NATURALIZATION. Citizens of the United States according to existing laws and the most recent American writers {a) are : — 1. Persons who are born in or naturalized in the United States. 2. The children of native and naturalized citizens. 3. Persons born on an American vessel. 4. Persons made such by treaty. (fl) Morse, p. 298. LAW OF UNITED STATES. 107 5. Cliildroii l.orn Jiliroad, whoso fiitlicrs wore at tho time of their hirth citizens, uiid had at some time resided in tlie United States. (i. Citizens made such by collective naturalization hy Acts of Congress. As, by emancipation. Indians taxed as citizens. And all persons Ijorn in the district of country for- merly the Territory of Oregon are citizens as if born elsewhere in the United States. A collective naturalization takes place when a countrv or province becomes incorporated in another country l)y conquest, cession, or free gift (/>). There is a State citizenship as distinguished from United States citizenship (c). The constitution of the United States Art. lY, section 2 provides that "the citizens of each state shall be entitled to all the privileges and immunities of citizens of the several states." Expatriation, (United States.) . Section 1999 Rev. Stats, "Whereas the right of expatria- tion is a natural and inherent right of all people indispen- sable to the enjoyment of the rights of life, liberty, and tho pursuit of happiness; and whereas in the recognition of this principle this government has freely received emigrants from all nations, and invested them with the rights of citizenship ; and whereas it is claimed that such American citizens ,with their descendants, are subjects of foreign States owing allegiance to the government thereof ; and whereas (b) Morse on Citizenship, 129. (c) lb. 302. '■ '3' 108 APPENDIX. it is necessary to the maintenance of public peace that that claim of foreign allegiance should be promptly and filially disavowed : Therefore any declaration, instruction, opinion, order, or decision of any officer of the United States which denies, restricts, impairs or cpiestions the right of oxpr.triation is declared inconsistent with the fundamental principles of the republic." Section 2000. — All naturalized citizens of the United States, while in foreign countries, are entitled to, and shall receive from this government the same protection of persons and property which is accorded to native born citizens. Section 2001. — Provides that the release of citizens im- prisoned by foreign governments is to be demanded by the President. Naturalization in the United States of America. Piovised Statutes U. S. 1873-4, p. 330, title xxx., sec. 2,165. An alien may be admitted to become a citizen of the United States in the following manner, and not otherwise : — (1). He shall declare on oath, before a Circuit or District Court of the United States, or a District or Supreme Court of the Territories, or a Court (d) of record of any of the States, having common law jurisdiction, and a seal and clerk, two years at least prior to his admission, that it is hoHd Jide, his intention to become a citizen of the United States, and to renounce for ever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and, l)articularly, by name, to the prince, potentate, state, or sovereignty, of which the alien may be at the time a citizen or subject (c"). {d) The declarations may, by J-'.atute of 1876, be taken before the Clerk of any of the Courts named. [c) Campbell v. Gordon, 6 Cranch. 176; Stark v. Chesapeake, Ins. Co., 7 Crauch. 420; Cliirack v. Chirack, 2 Wheaton, 259; Osborn v. U. S. Bank, 9 ib. 827; Spratt v. Spralt, 4 Peters, 393. LAW OF UNITED STATES. 109 (2). He shall at the time of his application to be admitted, declare, on oatk, before some one of the Courts above specified, that he will support the Constitution of the United States, and that he absolutely and entirely renounces and abjures all allegiance and fidelity to every foreign prince, potentate, state, or sovereigrty, and particulaxly by name, to the prince, potentate, state, or sovereignty, of which he was before a citizen or subject ; which proceedings shall be recorded by the clerk of the Court. (3). It shall be made to appear to the satisfaction of the Court, admitting such alien, that he has resided within the United States five years at least, and within the State or Territory where such Court is at the time held, one year at least ; and that during that time he has behaved as a man of a good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same ; but the oath of the applicant shall in no case be allowed to prove his residence. (4). In case the alien applying to be admitted to citizen- ship has borne any hereditary title, or been of any of the orders of nobility in the Kingdom or State from which he came, he shall in addition to the above requisites make an express renunciation of his title or order of nobility in the Court to which his application is made, and his renuncia- tion shall be recorded in Court. Section 2,106.— Any alien of tlie age of 21 years and upwards, who has enlisted, or may enlist, in the armies of the United States, either regular or volunteer forces, and has been, or may be her jafter, honoura])ly discharged, shall be admitted to become a citizen of the United States, upon his petition, without any previous declaration of his inten- tion to become such ; and he shall not ])g required to prove flfW 110 APPENDIX. more than one years residence within the United States previous to his application to hecome siicli citizen ; and the Court admitting such alien shall in addition to such proof of residence and good moral character, as now provided by law, be satisl&ed by competent proof of such persons having been honourably discharged from the service of the United States. Section 2167. — Any alien being under the age of 21 years, who has resided in the United States three years next preceding his arrival at that age, and who has con- tinued to reside therein to the time he ma}' make appli- cation to be admitted a citizen thereof, may, after he arrives at the age of 21 years, and after he has resided live years within the United States, including the three years of his minority, be admitted a citizen of the United States without having made the declaration recpiircd in the first condition of section 2165, but such alien shall make the declaration required therein at the time of his admission, and shall further declare on oath, and prove to the satis- faction of the court that, for two years next preceding, it has been his bona Jide intention to become a citizen of the United States, and he shall in all respects comply witli the laws in regard to naturalization. Section 2168. — "When any alien who has complied with the first condition in section 2165 dies before he is actually naturalized, the widow and the children of such alien shall be considered as citizens of the United States, and shall be entitled to all rights and privileges as such upon taking the oaths prescribed by law. Section 2169. — The provisions of this title shall ai)i>ly to aliens of African nativity, and to persons of Afiican descent. LAW OF UNITED STATES. Ill Section 2170.— No alien shall be admitted to become a citizen who has not for the continued term of five years next preceding his admission resided in the United States. Section 2171.— No alien who is a native citizen or subject, or a denizen of any country, state, or sovereignty with which the United States are at war, at the time* of his application, shall be admitted to become a citizen of the United States. Section 2172.— The children of persons who have been duly naturalized under any law of the United States, or who, previous to the passing of any law on that subject by the government of the United States, may have become citizens of any one of the States, under the laws thereof, being under the age of 21 years at the time of the natural- ization of their parents shall, if dwelling in the United States, be considered as citizens thereof, and the children of persons who now are, or have been, citizens of the United States shall, though born out of the limits and jurisdiction of the United States, be considered as citizens thereof (/). Section 2174. — Foreign seamen who have served for three years on board a United States merchant vessel may be naturalized. Since the passage of the foregoing Act of Congress of July 27, 18(38, the United States have entered into treaty stipulations with nearly all the nations of Europe by which the contracting powers mutually concede to subjects and citizens the right of expatriation on conditions and subject to (jualiiications (g). « (/) Campbell v. Gurdun, 6 Cranch, 176. (^'■) i1/u;-5(.- on Citizenship (Boston, I SS2), p. 220. i 112 APPENDIX. FORMS. 1. DECLARATION OF INTENTION. State * Court, County. I, A. B., do declare on oath {or affirm), that it is bona fide my intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to all and any foreign prince,potentate, state and sovereignty, whatever; and particularly to (iiame of sovereign or jwwcr of which he ic as formally a subject). A. B. Sworn (or affirmed) in open court) this before me, j C. D., Clerk. 2. clerk's certificate to copy .DECLARATION. State f Court, Clerk's Office, County, as. I, C. B., Clerk of the above named court, do hereby certify that the same is a court of record having common law jurisdiction, and having a Clerk and seal, and I do also certify that the foregoing is a true copy of a declaration and of the whole of such declaration of intention of A. B. to become a citizen of the United States, now remaining of record in my office. In testimony whereof, I have hereto subscribed my name and affixed the seal of said court the day of 18 C. D. [L. s.] Clerk. * As to Court, see p. io8 ante. t Ibid. LAW OF UNITED STATES — NATURALIZATION FORMS. 113 8 CERTIFICATE OR PROOF OF DECLARATION. State Court, County, ss. Be it remembered that A. B. appeared in the Court, on the day of in the year of our Lord 18 (the said court being a Court of Eecord, having common law jurisdiction, and a clerk and seal), and declared on oath in open court that it was bona fide his intention to become a citizen of the United States and to renounce forever, all allegiance and fidelity to any foreign prince, potentate, state or sovereignty whatever ; and particularly to (name of sovereign or power of tvkich he icas formally a subject). In testimony whereof, I have hereunto subscribed my name and the seal of the said court is hereunto affixed, this day of in the }^^^.. of our Lord, 18 C. D., [L. s.] Clerk. 4. OATH OR AFFIRMATION AT THE TIME OF ADMISSION. State Court, County, ss. I, A. B., do sol- emnly swear [or affirm) that I will support the Constitution of the United States, and that I do absolutely and entirely renounce and abjure all allegiance and fidelity to every for- eign prince, potentate, state or so , ereignty, whatever ; and particularly of of whom I was formerly subject. A. B. Sworn, &c. H.N.A. 10 114 APPENDIX. 5. PROOF OF RESIDENCE AND GOOD BEHAVIOR. State Court, County, ss. E. F., of said county, being sworn {or affirmed), says that he is u citizen of the United States, and is, and for five years last past has been, well acquainted with A. B., now present ; that said A. B. has resided within the United States for five years at least, last past, and for one year last past within the §tate of ^ and that during that time the said A. B. has behaved as a man of a good moral character attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same. Sworn, &c. E. F. 6. OATH OF A PERSON AT THE TIME OF ADMISSION WHOSE RESIDENCE BEGAN DURING MINORITY. Same as Xo. 4, adding: And I do also declare on oath {or affirmation), that it is bona fide my intention, and has been for the last three years, to become a citizen of the United States. A. B. Sworn, «5cc. LAW OF UNITED STATES— NATURALIZATION FOUMS. Hi PROOF OF RESIDENCE AND GOOD BEHAVIOR FOR SUCH PERSON. Same as No. 5, inserting after i: : And that said A. B. resided within the United States at least three years next previous to his becoming twenty-one years of age. 8. AFFIDAVIT OF RESIDENT ALIEN TO HOLD REAL ESTATE. ^*^^^ Ooiinty of ss. A. B., being duly sworn {or affirmed), says that he is a resident of, and intends always to reside in the United States, and to become a citizen thereof as soon as he can be naturalized, and that he has taken such incipient measures as the laws of the United States require to enable him to obtain naturalization. Sworn, &c. A. B. 9. CERTIFICATE OF CITIZENSHIP. ^f^'*<^ Court, County of ss. Be it remembered, that on the day ' in the year of our Lord 18 A. B. late of in the kingdom of at present of the city of State of appeared in the Court of the State of (the said court being a Court 116 APPENDIX. of Record, having common law jursidiction, and a clerk and seal), and applied to the said court to be admitted to become a citizen of the United States of America, pursuant to the directions of the Acts of Congress of the United States of America in relation to naturalization; And the said A. B. having thereupon produced to the court such evidence, made such declaration and renunciation, and takeni'such oaths as are by the said acts required: Thereupon it was ordered by the said court that the said A. B. be admitted, and he was accordingly admitted by the said court a citizen of the United States of America. In test mony whereof, I have hereunto set my hand and affixed tl*e seal of the said court, this day of 18 in the year of the Independence of the United States. By the court, C. D., [L. s.J Clerk. IN GREAT BRITAIN. 117 IN GREAT BRITAIN. Naturalization of Aliens in the United Kingdom under THE Imperial Acts, 1870 and 1872.* The forms to be used under these Acts are not given in a schedule to the Acts, as in the case of the Canadian Act, but are prescribed by Regulations and Instructions issued in pursuance of the Act by Her Majesty's Principal Secre- tary of State, t Although the Canadian forms are for the most part taken from these, the course of procedure differs very much. There, the application for a certificate of naturalization is made to one of Her Majesty's Principal Secretaries of State ; and a memorial to that official setting forth the facts of the case is the foundation of the proceed- ing. The requirements as to evidence are more ample and perhaps more stringent than in Canada. If a reason were sought for this, it would most probably be found in the widely different circumstances of the two countries in regard to population and area of territory requiring settlement. It may be of use in certain cases arising under the Canadian Act to refer to the procedure under the Imperial Acts, which is regulated by instructions and forms prescribed by Her Majesty's Principal Secretary of State. The instructions for common naturalization are as follows : (A) Instructions for Aliens appliiim) for Certificates of Naturalization. 1. Any alien desirous to obtain a certificate of naturaliza- tion must present to one of Her Majesty's Principal Secretaries of State a memorial, praying for the grant of such certificate. * See Statutes of Canada, 1872, pp. ix., xlix., lix. f 13 Hcrtslcts, 1292. n 118 APPENDIX. 2. The memorial must state— (1). Of what foreign state the applicant is a subject. (2). His name, acidress, age, profession, trade, or other occupation. (3). Whether he is married, and has any children under age residing with him, and if so, to state their names and ages. (4). That during the period of eight years preceding the application, the applicant has for tive years resided within the United Kingdom (the place or places of such residence being specified), or that during the same period of eight years he has for five years been in the service of the Crown (the post in which he served being specified). (5). That he intends to reside in the United Kingdom or to serve under the Crown. 3. The applicant must verify the statements in his memorial by a statutory declaration, made before a magis- trate or other person authorized to receive such declara- tions in pursuance of the Act passed in the 6th and 6th years of His late Majesty King William IV., chapter 62.* 4. The statements in the memorial must be further verified, and the respectability and loyalty of the applicant vouched for by a declaration made in like manner by four householders who are natural-born British subjects, and neither of them the agent or solicitor of the memorialist. The declaration may be made by such declarants jointly or by each separately; but each of the declarants must in his declaration state, as to himself, the fact that he is a householder and a natural-born British subject, the place * As to extra-judicial oaths. I.N (iltEAT liltlTAIN. Ill) of his residence, and the period during \vhich he has per- sonally known the applicant. 5. {Xdmes the fee to he paid.) 6. After obtaining the grant of a certificate the grantee must take and subscribe the oath of allegiance, a blank form whereof will be annexed to the certificate. 7. The oath of allegiance may be taken and subscribed : In England or Ireland : — ' In the presence of any Justice of the Peace, or any Com- missioner authorized to administer oaths in Chancery. In Scotland : — In the presence of any Sheriff, Sheriff- substitute, or Justice of the Peace. 8. (As to fee for the administration of the oath.) 9. After taking and subscribing the oath of allegiance, the grantee of the certificate shall cause the oath to be registered at the Home Office. 10. After registration the certificate and oath of allegiance will be re-delivered to the grantee of the certificate. Home Office, August, 1870. For other Instructions and Forms in use in the United Kingdom, see 13 Hertslcts, 1292. 120 APPENDIX. PASSPORTS. A naturalized British subject, applying for a passport to facilitate his travelling in foreign countries will receive one with the qualification mentioned in the statute, inserted as follows : — " This passport is granted with the qualifica- tion that the bearer shall not, when within the limits of the foreign State of which he was a subject previously to obtaining his 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.* Applications in England for Foreign Office Passports are made in writing to Her Majesty's Secretary of State for Foreign Affairs with the word " Passport " written upon the cover. They are granted to those who are cither known to the Secretary of State or recommended to him by some per- son who is known to him, or upon the application of any banking firm established in London or in any other part of the United Kingdom. Foreign Office Passports must be countersigned at the Mission in London, or at some Consulate in the United Kingdom of the Government of the country which the bearer of the passport intends to visit, t It is requisite that the bearer of every passport granted by the Foreign Office should sign his passport before send- ing it to be visM at any Foreign Mission or Consulate in England : without such signature either the visa may be refused, or the validity of the passport questioned abroad. + * Joel's Consuls' Manual, 361, and p. 65 ante. f ID Hertslets, 283. + Ibid. PASSPORTS. m In Canada, — The application for a passport is to the Secretary of State, Ottawa. The form issued in the ordi- nary case of a British subject by birth, is as follows : — * L.S. DESCRIPTION OF HOLDER. Height Colour of Eyes Colour of Hair Complexion Nose General Appearance Age Signature of the Holder Attested by justice of the Peace. By command, Under Secretary of State. By His Excellency (titles) Governor General of Canada, and Vice- Admiral of the same. To all to whom these Presents shall come, — Greeting : These are to certify that the holder hereof, whose Description is given in the margin, is a British Subject ; and that these pre- sents are granted to enable him to travel in foreign parts. Given at Ottawa, this day of '*n the year of Our Lord one thousand eight hundred and eighty , and of Her Majesty's Eeign the forty , If the applicant be a British subject by naturalization, the qualification before mentioned will be inserted so as to make it conform to the certificate granted upon natural- ization. (See pp. 89, 120, ante). * In the United States the application is made to the Secretary of State, and the form is similar to the foregoing. — See HilVs Manual of Forms. Pub. Chicago, 1883. m 122 ADDENDA. ADDENDA. Page 48-50 mid to note (a) :-A will made according to the forms of English law by an alien who, though her domicile of origin was EnglisE was domiciled abroad at the time of makin ; her will and of her death fsni entitled to probate m England. In determining what is the 4lid w I of an Act, 870, (Imp.), are still apphcab.e: BIox. 51 51 52 56 i, So 60 60 68 6S 80 82 ALLEGIANCE. Defined 7 Perpetual, old rule of ig Old rule abrogated 42 In England and United States 19, 34 Oath ot 60 " by certain persons desirous of remaining British subjects within Canada 57 B BRITISH SUBJECTS. Who are 7, 8 Enfranchised Indians 10 May divest themselves of status 52 A " Statutory Alien " may be re-admitted 68 Character of, ceases upon naturalization in foreign State 56 And upon declaration in certain cases 55 Declaration by 57 See Subject, Citizen BRITISH NATIONALITY. Sec Nationality. BRITISH POSSESSION. Defined Laws made by Legislatures of 46 c CANADA. Status of Aliens in ^8 Ceasing to be a British subject within 55, 36 CERTIFICATE. Of persons administering oaths of residence and allegiance, 60, 61-2 Evidence required 61 Courts to which presented — In Ontario 62 Quebec 62 Nova Scotia 62 Ne7i' Bruusivick 62 British Columbia 62 Manitoba 53 Prince Edward Island 63 Keewatin 64 To be read in open Court 63 Filed, of record 63 126 GENERAL INDEX. CERTIFICATE— Contiuucd. Obtained by persons who took oaths before January, rS6S .... 82 Application for, opposed CERTIFICATE OF NATURALIZATION. Granted to Alien in pursuance of the Act g. On account of service under Government \\' 5c Rights of Alien naturalized [[ ^,. Where nationality doubtful .... ,^ ■' 07 effect of ,„ Registration of Proof of, in legal proceedings Where convention exists 70 CHILDREN. Of British subjects and grandchildren 3 Of Aliens, property transmitted to ^" * 3 Of British subject naturalized in foreign countries ."'.'.' - , Of Parent re-admitted ' who has obtained certificate - , Illegitimate, nationality of ^ | Sec Nationality. CITIZEN, Definition II CLERK OF THE PEACE. Oaths in certain cases to be filed with 3 , COLONIES. Sec British Possession. COLONIAL. Naturalization 13 COMMISSIONER FOR TAKING AFFIDAVITS. Authorized to administer oaths under the Act 61, q- Governor in Council may appoint ' s- Scc Officer. COMMON LAW. S'.'c England. CONVENTION. By Her Majesty with Foreign States 52 ^^ Between British Government and UnitedStates ".".'.".". . ."'103 British Order in Counci! declaring, entered into ..." 53 8z 99 f'4 65 ^>5 67 68 69 79 70 8 48 74 75 74 75 II 84 13 95 «5 GENERAL INDEX. 127 "COUNTY," Interpretation of , _ COURTS. Application to, for certificate of naturalization 62 In United States , los CROWN. Prerogative as to allegiance 24 See King. DECLARATION. Of Alienage 52, 54. 59. 94. 95 Of British Nationality 57^ n- Before whom made ca sn n- 54. 59. 9o DENATURALIZATION 53 DENIZATION j^ DISABILITY. Interpretation .g DOMINION OF CANADA. Ses British Possession. E ^ ENGLAND. Natives of Canada became subjects of King of 31 Law of, stated by Ch. J. Cockburn on natural Allegiance 24 Common Law of, as to Allegiance 22 Sec Great Britain. EVIDENCE. To be adduced by alien in support of application for certificate B 61 Proof of declarations -3 certificates -q entries of registration -q Oaths taken before January, 186S 82 Act touching documentary So Other provisions ^5 „ , Certified copies of declaratit)ns q^ 128 GENERAL INDEX. EXPATRIATION. Defined 14 Should be free to every one 56 British subjects who have or shall become naturalized in foreign State cease to be British subjects 56 Proviso for certain persons remaining British subjects 57 Rule of Continental powers 66 Of citizens of United States 41, 107 Provided for by Treaty and convention between Great Britain and United States 101, 103 FEES. Table of, under the Act and under Regulations ol Governor in Council 98 FOREIGN STATK. Claims of, respected 44, 66 Consent of, to subject or ci: c .ing relations with .. 4, 35, 66 FORMS. See Index of Forms. G GREAT BRITAIN. Treaty with United States loi Convention with United States 103 Order in Council 53 See United Kingdom. INDIANS. In Canada, status of 10 Enfranchised, have rights of British subjects 10, 11 INTERPRETATION. Clause of the Act 46 INTERNATIONAL LAW. References to 42, 43, 53, 66 GENERAL INDEX. 129 J JURIES i/f ;;;t(//('^7^- /()io-)(«'. Claim to, refused 23 Abolished 56 JUSTICES OF THE PEACE. Sit? Officers. &, KING. Of England, king of Canada 25 Proclamation of, 1S63 25 L • LEGIANCE. Sec Allegiance. M MARRIED WOMEN. Status of 72 Subject of State of which husband a subject 72 Interests in property not to be prejudiced by the Act 75 See Widow. MANITOBA. Naturalizations in, legalized 3 N NATIONALITY. Of wife and minor children follow that of husband 72. 74 Double, policy of Government to do away with 55 Divested 52, 7° Choosing between natural and acquired 53 Where doubtful, certificate 67 Declaration of British 57' 97 Distinction between, and Naturalization 4° Resumption of, by natural born British subject 60, 68 Law of European States as to 66 NATURALIZATION. Definition ^^ In Canada ^0 H.N. A. 11 130 GENERAL INDEX. NATURALIZATION— Con