Aliens Act 1846 (SA)

No. 7,

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PRDINANCZ enacted by the Owemor of c W&

consent of the Legislative ̂ G ?+ A

To amend the Laws rela i i

[28f?~ July, 1846.1

W HEREAS by an Act, passed in 6 .e Session of Parliament, of b b l e (cap. 66), 7.ad8Vid,&II,

the seventh and eighth years of :er hlajes ty's r e i ~

intituled "An Act to amend the Laws t E dating to Alien:" the Laws

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in force affecting Aliens were amendc	$	. in certain respects; and it
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is expedient to assimilate the h w ol this Province to the Law af

England in this behalf:	' 6
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BE'IT THEREFOIU~ ENACTED, by the G

with the advice ru~d That the said recited Act of Pxlinmerzt, so fa m the same ie conscut of the G "

applicable to tllis Province s l i d be and !is 11ereby adopted, and &all be applied in the aclrninistibation of justice in the said Province, in

like manner as other Lnws of ~ n ~ l d d are therein applied; and all Aliens now residing, or who shdjhereaf'ter come to reside in

@out$ Ar;latra;li% shall enjop witpin tw said Province a l l the ..

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rights and capacities as they:would be entitled to if they were I

resident in the United ~ i n ~ d o m. 9 5

Every w n h of 11. AND BE IT ENACTED, thaf every person now born, or hereafter

a British mother to be born, out of Her MajebtyH Dominions, of a mother being i(

,a ,o , of holding .

m1	estate.	Or Wwn.1	natural-boq subject of the anited Kingdom, shall be capable of
. taking to him, his heirs, ex+utors, or administrators, any estate, real or persond, by devise or phchase, or inheritance of succession. 2 I:

Alien friends may	111. AND nE IT ENACTED,	that fiom and after the passing of 'his
hold every apecics of

pormn.1 pmpm)i Act, every Alicn, being the subject of a friendly state, shalI and may

except chattels

'take ancl hold, by purchase, @ft, bequest, represen tntion, or otlwr-,

, wise, evcry species of personal property, except chattds real, ns fully

, L and cffcctudly to all intents nqd purposes, and with the same rights, remedies, exemptions, privilc$es, and capacities, ail if he wv~w ti natural-born subject of the Untted Kingdom.

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Sabjectnof afriendly	TV. AND BE IT ENACTED,	h a t every Alien, WY	residing h, or
state may hold lande,

&c, for the purpckco who shall hereafter come to Seside in any part of this Pro~ince,

of widen=, &G, for	and being the subject of a friendly state, may, by grant, lease, demist.,
twenty-one yeua

, assignment, bequest, representation, or otheiwise, take and. hold any lands, houses, or other tenements, for the purpose of residence or of occupation by him or her, or his or her fiervants, or for the purpose of any business, tra4e, or manufactore, for m y tenn of years not exceeding trventy-on$ years, ss fully and effectually to nll intents and purposes, and wit11;the same rights, remedies, exemptions, and prideges, except the right to vote at elections for BI~mhvrs

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of the. Legislature, as if he we* a natural-born subject of the United

Kingdom. $ r,

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Alionr to hocomo V. AND IIE IT ENACTED, tl<ht llpon obtaining the crrtifi~ntc and

""'"'"'"" "PO" tnliing thc oath hc r rh~f t r r purscribcd, cvery B h n ~ now wsidin? in, .

taining cortiflrnto,

taking pro~cdb~d or who s l d l hcreaftcr conic $0 rcddc in m y part of this P ~ v m c c.

oath, nud bcamiug 114th intont to settle tlictein; shnll enjoy within the sntnr, ill .thr

rcnidastr In ,be

provisos lights and capncitics which 1 natural-born subject of the United

1 .I(mgdom can enjoy or transnlit, except that such Alien s h d not 'be cnlxdh of bccon~ing a 3fpmber of Her IInjmty's Councils, nor

t of the Legislature, nor of enjpying such other rights and cnpncitics, if any, as slidl be specially mcepted in and by the certificate to be

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granted in manner herei~~after~rmtioncd.

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subject, md praying the granting of. !	he certificdxj hereinafter
mentioned.	I #

VII. AND BE IT ENACTED, that eve17 such Meinorid shall be ~ ~ f i $ , t ~ ~ ~

considered by the Govenlor, who shaq inquire into the circum- -3 i-

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stmccs of each case, and receive all q c h evidence as shall be @S- offercd by affidavit or othcr~vise, as ]I$ may deem necessary or	m	,	~	d. ,.	. S. -,
proper for proving the truth of the nl@gations contained in such hIcmorin1; and that the said Governoi$ if he shall so think fit, '
may issue n certificate, reciting such of ithe contents of the Memo-
rid as he s l d l consider to be true and'materid, and granting to the BIemorinlist (upon his taking the o$th hereinafter prescribed, and subject to Her Majesty's confiimntia~~ or clisallon-ance), all the rights and cnpacitics of a natural-born British subject, except the '
capacity of being a Meinber of the Coudcils, or of the hgis1ature, md mcept the rights and capacities (i$any) ~pecially excepted in ancl by such certi,ficatc; and every sucl(.certificate being confirmed by Iier ISIajesty through one of Her Ma'esty's piincipal Seeretarim of State, or in such other manner as $r Majesty may be pleased to appoint, shall take effect by relation f@m the date thereof.

VIII. AND BE ENACTED, that su& certificate shall be cn- 2z-wb.a

rolled for safe custody, in the Registry Office of this Province, and may be inspected, and copies thereof *ken, under the like regu- lations as in the crrse of other instrument8 so enrolled, . .

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IX. AND BE IT ENACTED, that withih sixty day8 from the day m b * a m

of the date of such certificate, , mery hfemorialist to whom rights and capacities shall be glanted by such! certificate, shall take and subscribe the following Oath, that is to S ~ Y -

I, A. B., do sincerely promise apd smear, that I wil l be I.

" faithful, and bear true allegiance to Her Majesty Queen Victoria, and will defend her to the utmost o$ my power against all con-

' L her person, crown, or dignity; and I m% do my utmost endeavour

'* spiracies and attempts whatever, which may be made against

" to cliisdosc mid n~allie known to TTer:' Alajcsty, Her Heirs and " successor^ all treasons and traitorous &iispirncies which may be

" famed dgdnst her or t11em; and I do:fiCtllfullp promise to main-

" tain, support, and dcfeild, to the nt+ost of my power, tlie sue*

" cession of the Crom, which successiod, by an Act, intit~lled

" Act for the further limitation of the q;orun, and better ~encriny

" rights and liberties .of the s u ~ ~ c t, ,:is, &nd stands limited to

" Princess Sophia, Electress of Ran the Heirs of

" body, being Protestants, hereby ut	uncing and abP*g
" any obedimceor @egiana, unto a	r peison d h n g ~r
"pretending a right to the Crown o	Re&lm--So help me

woa*,,

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Which Oath shall be

n and subscribed by

and shall be duly adm

red to him or her, be

Commissioner of the S

e Court, or before the

Province, who shall g

her having taken and

certificate shall be si

gistmr, before whom

Proceeding* for ob. X. AND BE IT E

trirdog certiticate. authorized to be

,	shall be regulated	the Governor s h d
to time direct,

Amount of faes to be XI. AND BE I

payable.	the several pro
fied in the Sche

Natarnliaed persons XII. AND BE IT persons who &alf have

rcsidaat yeerr m naturalized before the of this Orhance, and who

enjoy righu u Alien& have residcd in thils five s~lccessive years, shall

"	deemed entitled to	such rights and cqacitiear
British subjects as	Aliens by the provisions
this Ordinance.

Ordinance not tb XIII. PROVIDED AND BE IT ENACTED, that

pre-ai*b this Ordinance or be construed to prejudice,

dghtr.

whether veated or eont

executed by any rja

before the pawing

,	from or under
before the p

e

Qrdjamcr~tot&e XIV. AND BE I

. ~ r i g b k o f U e ~ a be construed so as

''-	capacity heretofore la
residing in this P

I joyment of any re

1 '	shall continue to be
manner as such ri re enjoyed before the passing

I	Ordinance,
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Women married to	XV. AND BE	IT
aatutd-born rabjecta

p-d	shall be married to
lshall be deemed and
' righte and privileg h L

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XVI. AND BB 1T ENACTED, that lhk drdinance shall not corn- Oldinance not totake effect U Ilod An.

nlcl~ce or take effect until the same shall have received the Royal ,

Approbation, and the notification of suchlapprobation shall

been made by the Governor in the South Australian Government	I "
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Fee on Certificate ............................. ...+. ............ 0 10 6

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Enrolment, same as in the case of other hstruments.

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Oath ......: ............................. ...i... ............ 0 5 0 , ?.

" Confirmation being notified ........... .:S. ............ 1 0 0

FREDK. d. ROBE, g V j

UeutenanbGovernor. I

2assed the Legislative Council thL twenty- '

e@th day of Jub, One Thousand Eight

Hzcndred and Fortipsix.