Aliens Act 1857 (SA)

ANSO VICESISIO PRIM0 i

[IErucrvtcl, 27th J auuary, 1858. J

IIRREIZS it is ~xpcclient to amend arid consolidate the Ordi- Preamble 4 #&-F-

nancc KO. 7 of 1846, alld the Act No. 8 of 1855-6, relating to Aliens :- Re it therefore li;nxtcd, by the Govrrnor-in-Chief of the l'ro~ince of South Australia, by and with the advice and consent of the Legislative Council and H&so of Assernbly of the said Province, in this yrescnt Ydiamcnt asserulblcd, as fol!ows-

I. A11 Ordinance, No. 7 of 1846, "To amend thc Laws relating to Repeal of NO. 7 of 1846, and NO. 8 of

Aliens," and a n Act, No. 8 of 1855-6, intituled " An Act to amend 1856-6.

the l a w s rclating to Aliens," arc, l~crcby rcpealcti, save as regards

all rights wTihi(>ll rnn y have been l s w f ~ d y acquircd by or under the said Ordirmlce and Ach or either of them, and as regads pvrsons who shall have apydieci to bc naturalized prior to thc corniz~encement of this Act.

11 3

2. Every person now born or hereafter to be born, out of Hcr Everypersonbornofa who i s a nstu-

>lajesty7s dominions, of a mother b ~ i n g a natural horn or naturalized n~othcr ral born ur naturalized

subject of the Unitecl Kingdom, shall be capable of taking to him, subjwt, capable of

his heirs, executors, or administrators, any estate, real or persurd, ,,,,,,

holdingrealor personal

within the. said l'rorince, by devise, or purcllasc, or inlierititnce of

succession.

3. From anti after the passing of this Act, every Alien, bcing the *liem7 fricndb, m. r ~ hold personal property,

stnbject of a friendly State, shall and may takc and hold, by pwhase, , ~ ~ ~ p t ~ f i ~ t t ~ i ~ real.

gift, bequest, representation, or ot'herwis~, every species of persoaal

property, cxcept chattcls red, as fully and effcd~mlly to all intents ancl purposes, and with the smxe rights, remcriies, csemptions, privileges, and capacities, as if hc were a natural born subjcct of the United

Kingdom. 4. Every

friendly, 4. Every Alien now residing, or who shall hereafter come to reside

hold lands for twenty- in any part of the said Province, and being the subject of a friendly w e years.

State, may, by grant, lease, demise, assignment, bequest, repre- sentation. or otherwise. take and hold any land, houses, or other tenement's, for the purpbsc of residence or of occupation by him or her, or his or her servants, or for the purpose of any business, trade, or manufacture, for any term of years not exceeding twenty-one years as fully and effectually to all intcnts and purposes, and with thc same rights, remcdics, exemptions, and privileges, except the right to vote at elections for Mcntbers of l'urliament, as if' he were a. natural born subject of the Cnitcrl Kingdom.

Alien become natu-

ralized on obtaining	5. Upon obtaining the certificate hereinafter prescribed, cvery Alien now residing in, or who shall hereafter come to reside in, m y p r t of thc said Proviuce,witli intcnt to settle therein, bhall cnjogwithin the same all the right8 and r.apacitits which a natural born subject of the United Kingdom can crtjoy or transmitwitllin thc said Province, except that such Alicn shall not be capable of becoming a RTenlbcr
certificate.
of Her Majesty's Council, nor of Parliarncnt, unlrss 11c shall h i i ~ c
resided in the said Province for the period of fivc years, and until thc expiration of three years after t l ~ granting of such certifirntc,nor of enjoying such other rights ant1 capacities as shall be specially cxceptcd in and by such ccrtificate,
Aliens to present
memorial.	6. I t shall be lawful for any snoh Alicii, as aforesaid, to prcscnt to the Govrrnor a memorial stating his name, age, proti~ssion, trade, or other ocr.upation, and the duration of his residence iu the said Province, and all other the ground on ~vhich he secks to beconte naturalized within the said Province, ailcl off'ering to take and sub- scribe the oath of allegiance hereinaftcr directed when called upon so to do by the Gowinor, and praying the g r a n w f the certificate
hereinafter mentioned. L_- ---

Memorial to be con-	7. Every such mernorinl shall be consitlcrcd h3' the ~ovcsnor,	who
aideled by Governor.

shall inquire into the circ.~xrnstartccs of' cach vnsc, and recci~ e all such

evidence as s l d l be off~red b y affidavit, declnratioil, or otherwise, as he

may dceni necessary ur propcr for pro1 ing the truth of the allegations

F;; ; ~ r ~ contained in such incmurinl; ancl the Governor, if he shall br satiufiml ~ g ~ ~ ~ t

Her Majesty.	of the truth of the contents of the said ir~en~orial, and that the memorialist is a fit person to be naturalized, shaK forward the name
of the memorialist, together with such inform;dion as ma-e d ~ ~ ~ n c d
rquisitc., to 3 1 1 ~ nf H e r - ~ e s t ~ c t r & e s -cL.@tatc, for the
purposc of obtaining IIer Majesty's consent to the ~laturnlization of --
such mcrnorialist.

to oath of

allegiance, whenevcr 8. Every such memorialist shall, whcn at any time required to do

requircd.

so by the Governor, take and subscribe the fullowing oath, that is to

my-

Form of oath. " I, A.R., do sincerely promise aud swear, that I will he faithful, and bear true allegiance to Her Rlajcsty Qucei~ Victoria, ss lawful Sovereign of the rnited Kiugdorn of tircat Britain

axd

~ t n d Ireland, and of this Province of Sonth Australia, d e

pcnderit on and belonging to the said United ICirlgdom, a i d that I will defend Her to the utmost of my power against all traitorous conspirarirs and attempts what sow er, which shall be nlade against Her person, crown, arid dignity; and that I mill do my utmost cntlwvor to disclow and inalre known to Her Majcsty, l [er heirs, arid successors, all treasons and traitorous rolispiracies and attempts which I shall know to be against H a or any of them; ancl all this 1 do swear without any equivocation, mental evasion, or secret rcscrvation, and renouncing all pmdons and dispensatiolls from any person or

persons whatever to the contrary. So HELP n m GoI)."

Which oath shall bc tilken and subscribed by such rnomorialist, and be duly adn~inistered to him before ally Judge or Commissioner of the Supreme Court, or the Itegistrar or any of the Deputy Itlegistrars of the said I'~~oviiice, wlio shall grant to the memorialist a certificate of his having takcn and subscribed such oath accordingly.

9. After the mmiori;~list ssliall hnse token the said oath of ~~;g~?t~$;;~'-~

allegiaiice in rrlalmcr aforesaid, the (;-overnor	-P	upor1	notified, Governor to
issuc ccrtificate of
by ller M e s t y of Her consent	to su&

. -- -- naturaluat~un.

- - -

iint~~i&iZ&l, a i d after a noticc of such consput

i1; thr SolZNi A t r i Goarrrrm~st Gazette, m 2 issue a

certificnte reciting such of tlw coi l t~~i ts of the said merno1~alXS hc

shall conhicler to be true ailcl matcrirtl, ;tnd that Her Majwty h~ts

signified hcr app~oval of such ~ncmorialist bcing naturalized, and that

such memorialist has taken the oath hereinbefore prescribed, and

grauting to tlic memorialist all the rights and capacities within the mid Pro\ inw of a natural born British subjcct, except the capacity of bcing a Rlr~nber of l-icr Majesty's Council, or of Parliament, until af'tcr a rcsidenco in the said Province for the period of five years, and ~uit i l tlic cspiration of t h e e ycars after the granting of such certificate, and except the rights ancl capacities, if ally, specially usccptcd in and bp such certificate.

10. I n cast? any sl~ch Alien sEiall wilfully make any false state- Fraud, to render

rneilt in the mcmo&l so to irc prrsentcd,or inany affidavit or declarntion

void.

which may be innde by him as aforesaid, with intent to deceive

thc. (iovcrnor, tlic certificate so grantcrt shall be utterly void.

11. The certificate shall bc in duplicate, and one part shall be Certificate in dupli-

deposited in thc Rcgistry C)fficc of the said Province, and may be ,,,,d.

cate; one to be depo-

inspected, and copies thereof taken, as in the case of other instru-

ments deposited i11 the said office.

12. Every certificate of naturalization, and cvcry certificcl copy of Certificate to be prima

any certificate of natirtalization already granted, or hercaftcr to he roli,ation, \rittiout j a m widencc of n ~ t u -

granted shall be admissablc in cvidcnce, without proof of the sig- fulthcr proof.

natore or seal nntlwnti'&ng the same, and sliall be prima .ficie

proof of the person narncd therein lwing dnly naturalized, and of the

signature or seal authenticating the smle, and of al) tlic matters

contained

contained or recited in such certificate, or certified copy respectivdy, and of the official character of the persons appearing tu have signed the same,

G'overnr~r to make 13. The several proceedings hereby authorized to be taken for

rules.

obtaining such certificate as aforesaid, shall be regulated ill such

manner as the Governor shall, f'sonr time to time, direct.

Fee ptiyuble.

14. The fee payable in rcspcct of thc sert.ml proceedings hereby authorized, slrill be the fee specified in the Sclledule hereunto

z~imcxeci, and no other.

Act not to affed	15. Nothing herein contained shdtll pr~juclice?	or be construed to
prc-existing right.

prejudice, any rights or interests in law or in equity, whether vestcd or contingent, under any will, deed, or scttlcment csccuted by any natural born subject of Grcat Britain or Ireland before the passing

of this Act, or under any descent or representation from or under

any such natural born subject who shall have d i d before the passing

of this Act.

Act not to take as-ay

rights. 16, Nothing herein contained shall bc constrned so as to take away or diminish any right, privilc~e, or capacity heretofore possessed

by, 01' belon41o. to Alicns residing m t11c said Provinc~c, so fiw as relates

h.

to the possewon or enjoyment of any rtwl or personal property, but that all surh rights sl~all continue to be errjopecl by such dlicus in as full and ample a Tl?iZlillCr as such rights wcrc ciljojed before the passing of this Act.

Woman rnnnied to a 17. Any woman who shall have been, or hereafter shall bc married

natural born or

naturalized subject,	to a nat~ir*&	born snbject or person natordiaed, s11.hidl bc drsmed to
t o be deemed

naturalized.	have thereby become natnralizcd within the meaning of this Act.
Hereditarnents ac-

quired or disposed of 18. All hereditamcnts which have been or shall be acquired by,

by Alicns, not liable	and which have been or shall be transmitted to, or disposed of by or
to cschest.	through any person not beii~g a ilatnral born subject of I-lcr Majesty,
or naturalizad according to ln\r, ahall notwithstanding be d&med
and taken to haw bccn lswfidly accpired, trnnsinitted, and clisposed of, and not to have been cschcated or forfeited, or to be liable to
oscheat or forfeiture.
naturalized, may

Alicns hnr~tofnre 19. Evcry Alien who sllall have rcccired such certificate and

becnmp Mtmbcrs of	taken such oath as are authorized aud prcscribcd by Ordinancc
twe.
Council or Legisla-	No. 7 of 18-41;, and who shall have rcsidecl five years within thc said Province, shall be capable of becoming a 3Pember of bier Majesty's Council and of Parliament, in likc manner as a natnral born snbject of Her Majesty; and evcry such oath shall bo demed cffcctual, although the sake may have been administci-ed by a Deputy Registrar of the said I'rovince.

This A C ~ when to , l 20. This Act slillnll commrnce and take effect from the day of the

take effect.	I, rroclamation in the 80uth Australian Govcrmmen t Gazette of Her
1) Majesty's approval of the same having been received.

SCHEDULE REFERRED TO.

S .v. d.

Certificate in duplicate, depositing, oath, confirmation being notified .. 1 1 0

Chief Secrstaq's Officc, Adclaide, August 19th, 1858. should apply to and be in fbree in the Colony of South Ass. )

OTICE ie hereby given that HIS Excellency the tralia: And whereas, on the 27th day of January, 1858, the (ioremor of the aaid Colony of South Australia reserved a \

Governor-in-Chief' has received a Despatch, KO. certain Bill passed by the Legislative Coumi! and Legislative _*

3, of the l l t h J u n e, 1858, from t h e Righ t Hon. Sir , Assembly of the said Colony, intituled " An Act to amend +

Bdward 13ulwer Lytton,Bart., 1-Ier Majesty the Queen's / and consolidate the Acts r e l a t i n, g - T r the sign-- 1

principal Sccrctary of State for the Colonies, trans-	t%Ton or u e r Majesty's pleasure thereon: And whereas the
mit t ing the following Order of the Queen in Council	said Rill so resenal as aforesaid, has been laid before Her

confirmin t h e A c t of 185'7-8 passed by the Parliament Majesty in Council, and it is espedient that the said Bill

o d u s t m d i n, and ~ - e ~ c r r d by Hia Excellency for should be asseated to by Her Majesty: Now, therefore,

the signification uf the Q-hleasure, intituled " An Her Majesty in purswnce of the said Acts and in exercise of

A c t t o amend and consolidate the Laws relating to the powers thereby reservcd to Her Majesty as aforesaid, I

Aliena." By command, doth by t h i resent order, bp and with the advice of Her

WM. YOUNQIIUSBAX~, Privy Counci P , declare Her assent to the said Bill. '

And the Right Hon. Sir Edward B u l v e ~ L v t t ~ n, Bart,, ono

Chief Secretary. o$ IIer M8esty's Prillcipitl Secretaries of Strpis to t?;\:%g&e

At the Courtat Buckingham Palace, n_ecessary directions hercin accordingly. " a * * V *

Present-- WM.

The Queen's Most Excellent Majesty. f

Lord Chancellor	Lord Stanley
Lord President	Mr. Secretary Walpole
Lord Privy Seal	General Peel !
Duke of Beaufort	Sir Edward Bulwer Lytton,

Lord Steward Bart.

Lord Chamberlain	Sir John Pakington, Bart.
Earl of Derby	Mr. Chancellor cd the Ex-

Earl of Malmesbmy chequer

Lord John Manners Mr. Henley.

WHEREAS, by SIP. Aet passed in the fifth and uixth years

of Her ~ ~ a j e s t $ s reign, ;ntituled c' An Act for the Govern-

ment of Wew South JVales and Van Diemen's Land," it is amongst other things enacted, that no Bill which shall be reserved for the signification of Her Majesty's plcasure thereon shall h a w any force or authority within the Colony of New South Wales, until the Governor of the said Colony sl~all

signify either by speech or message to the Lrgislative Council of the said Colony, or by Proclamation as therein aforesaid, that such Bill has bcen laid before Her Majesty in Council,

and that IIer hlajcsty has been plt.ased to assent to the same: And whereas, by another Act passed in the thirteenth and

fourteenth years of Her Majesty's rc$p, intituled " An Act for the better Government of Her Majesty's Australian Colonies," it was provided amongst other things that the provisi.ons of $he said former Act concerning the Reservation

of Bills fox the signification of Her Maje~ty'rpleasure thereon,