ANNO VICESIMO SEXTO ET VICESIMO SEPTIMO
No. 26.
An Act to amend c02d consolidate the Laws relatinq to Aliens.
[Reserved, 12 tli November, 1863.1
W HEREAS it is expedient to amend and consolidate the laws Preamble. | relating to Aliens-Be | it therefore Enacted, by the Governor- |
in-Chef of the Province of Soutli Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Parliament assembled, as follows:
1. This Act may be cited for all purposes as | "The Aliens Act, Shorr title o f ~ e t. |
1863."
2. An Act, No. 20 of 21st Victoria, intitulcd 'cAn Act to amend Repeal of Acte.
and consolidate the Acts relating to Aliens;" and an Act, No. 20 of 1860, intituled "A11 Act to afford to Aliens who have been nat~iralizcd in Great Britain or in any of tlic Australasian Colonies, certain Privileges within the Province of South Australia," are hereby repealed, save as regards all rights which may have been lawfully acquired under or by virtue of the said Acts, or either of tlicm, and as regards persons who shall have applied to be naturalized prior to the passing of this Act, and save so far as may be necessary to enable any punishment to be inflicted for any offence against the said Acts, or either of them: Provided that no Act or Ordinance, repealed by the said Acts or either of them shall be revived by this Act.
3. In the construction of this Act, the expression " Governor in Interpretation of
Council" shall mean the Governor-in-Chief of the said Province, with the advice and consent of the Executive Council thereof.
4. Every
292 26" & 27" VICTORIB, No. 26.
Aliens Act-1863.
Every a mother penon who is a nn- of | 4. Every person now born, or hereafter to be born, out of Her |
tural bore cr nnto- Majesty's dominions, of a mother being a natural born or naturalizccl ralixed subject, cnpa-
ble of holding real or subject of Her Majesty, shall be capable crf' taking to him, his heirs, | personal estate. executors, or administrators, any estate, real or personal, within the |
said Province, by devise, or purchase, or inheritance of snccession.
*lien sicnds may | 6. Every alien friend resident in the said Province may inherit, ,or otherwise take by representation, acquire, hold, convey, assign, devise, bequeath, or otherwise dispose of every dcscription of pro- perty, whether real or personal, in the same manner as if he were a natural born subject of IIm Majes:y. |
real nt~d | personal pro- |
perty. |
Former con~eynncej
by aliens lrgalizcd. | 6. Evcry grant, convey aacc, assignment, or will, to or by any such alien, made p~ io r | to the passil~g of this Act, shall be as valid and |
effectual as if it had been made to or by a natural born s~~bjec t
of Her Majesty.
Condi~ionsofnnturali~
zation, | 7. When ahy alien friend now residing in, or who shall hereafter reside within the said Yrovince desires to be naturalized, if he be of good repute, and if he take the oath prescribed in Schedule A hereto, the Governor may, if he think fit, grant to him under the seal of the said Province letters of naturalization, subject to such con- ditions (if any) as he may consider necessary or advisable. |
Nntmalizntioa to er- | F, IVhen any alien m m x m is married to any natural born or |
tend to wife. | na',uralizecl subject of Iier Rl~jesty, such woman shall thereby become and be naturalized. |
Xrotle of obtaining |
naturalisation. | 9. When any person desires to obtain iiaturalizat.ion under this Act, hc may prcsent to the Governor in Council n lncmorial signed by llirnsclf and verifie~l'u~on oath, stating his name, age, birth-place, l,esidence, and occupation, the length of his residence in the said l'rovinco, and his desire: to settle therein, and praying that letters of naturalization mixy be granted to him, and also a certificate signed |
by some Justice of t.hc Fence to the effect that the applicant is known | to him, and is, to the best of his belief and lmowlcdge, n person |
|
of good wput e. |
Applicant to take oath |
of allegiance. | 10. If the Govcruor in C'oulicil think fit to grant such letters, he shall direct the applicant to take the oath prescribed by this Act before some one of the Judges of the Sapreme Court, or beforc a Commissioner for taking affidavits in the said Court, and upon the certificate of such Judge or Commissioner that the applicant has taken beforc him thc said oath, he shall issue lcttcrs of naturalization accordingly, which letters of naturalization hall be in duplicate, and one part sliall be deposited in the Registry Office of the said l'rovince. |
Effect of letters of |
naturalization. | 11. Upon obtaining thc lctters of naturdizntion hereinbefore prescribed, every alien now resifling in, or who shall hereafter come |
to reeide in, any part of the said Province with intent to settle therein, |
.
shall
- | 26O & &To VTrICTORId3, No. 26, |
shall enjoy within the same all the rights and capacities which a natural born subject of Rcr Majesty can enjoy or transmit within the said Province, except that such alien shall not be capable of becoming a hleinber of Her Majesty's Council, nor of Parliament, unless he shall have resided in the said Province for a period of five years, and until the cspiration of three years after the granting of such letters of naturalizatioll, nor of enjoying such other rights and capacities as shall be specially excepted in and by such letters of naturalixation.
Alien having obtained
2 2. Every alien who shall have obtained letters of naturalization in the Uuited Kingdom of Grcat Britain and Ireland, or any part | letters of naturaliza- |
tion elwwhere may |
thereof, or in any 13ritish Colony on thc continents of Australia, | obtain same here. |
Africa, or Amcricn, or in thc Colony of Tasmania or New Zealand, which letters of naturalization shall recite that the person mentioned therein has taken nil oath of allegiance to Her Most Gracious Majesty, and shall grant to such person any of the rights and privi- |
leges of a British subject within the Kingdom or Colony in which |
the same shall have been issued, shall be eatitled to obtain the privileges of naturalization within the said Province upon the terms and in thc manner hereinafter set forth. |
13. Every such alien shall deposit in the Registry Office of the said Frovince the original letters of naturalization so granted to him, | Eion and copy to bo |
Letters of naturaliaa- |
deposited. |
and n true copy thereof in such form as may, for the $imc being, be |
required by the ltcgistrar-Gencrd of the said Province, and |
shall at the same trme makc and subscribe a declaration before | Declaration. |
the Registrar-Geneunl of the said I'rovince, or any of the Ilepnty Registrars of the s:mmr, and which declaration thc said ~egistrar- |
. | General or Deputy Registrar is hereby authorized to receive, that he |
is the person narncd in such letters of naturalization, ancl that the
same had been obtained without any fraud or intentional false state-
ment, ancl that thc signature a d seal (if any) to the said letters of
naturalization are to the best of his Icnowledge and belief genuine,
and shall also take and subscribe the oath prescribed by this Act, | and which oath shall be taken a i d subscribed by him bcfore, and | Oath of allegiance, |
|
shall be duly administercc1 to him by the Registrar-General, or any of the Ilcputy Registrars aforesaid, and the Ilcgistrar-General or Deputy Registrar shall thereupon endorse upon the original letters of naturalization, and also upon the copy clepositcd therewith, a state- mcnt under the hand and seal of office of such Rcgistmr-General or Deputy Rcgistrw-General, that the pmon ~nentioned thercin hath ~nade the declaration and taken the oath by this Act dircctcd to he made and takcn, and shall also endorse upciz such copy a certificate that it has bcen examined with the original and has been found to be correct; ancl shall thcreupon deliver to such person the original letters of naturalization with the endorsemellt thereon, and from and after such cndorscment such alien slmll have, enioi, and exercise | . | V | I - |
|
within the said Province all the rights, privileges, and capacities of a natural-born British subject that are granted, enjoyed, and exer- cised by, and by virtue of the letters of nnturalization authorized to |
be
26" & 27" VICTORIB, No. 26.
Aliens Act.-1863.
Privileges conferred. | be granted by this Act; and all lcttcrs of naturalization granted in the said Province, and all copies of any letters of naturalization, and |
Inspection of copies. | of the endorsement thereon, to be deposited as above-mentioned, may be inspectcd, and copies thereof taken and granted, as in the case of other instruments deposited in the Registry Office aforesaid. |
Penalty for false |
statement. | 14. If any ycreon to whom letters of naturalization have been granted be convicted of having made m y false statement in his memorial, or if anv person shall make any false stntcment in the declaration to be made by him, as mentioned in the last preceding section, he shdl be deemed guilty of perjury, a i d such letters of naturalization shall, except as against bonc i j l l e 1>nrchasers from such person for valmble consideration, become uttcrlp void. |
Governor to make |
rules. | 15. The several proceedings hereby authorized to be taken for obtaining letters of naturalization as af'oresaid, shall be regdated in such manner as the Governor in Council shall from time to time direct. |
Fees payable. | 16. The fees payable in rcspcct of thc several proceedings hereby authorized s l d l be the fees specified in Schedule B to this Act. |
Persons heretofore |
naturalized to enjoy | 17. Every person who shall lmve been duly naturalized under any |
saruc privileges as if | law 11c.retofore in force in the said Province, shall have, elljoy, and |
this Act. | exercise the same rights, privileges, ancl capacities as if he had ob- tained letters of naturalizatiox uncler this Act. |
I.vtters of naturaliza- |
tion to be pritniz facie | 18, All letters of naturalization, and every certified copy of any thereon, already granted, or hereafter to he granted, shall bp admissable in evidence without proof of the sigllature or seal authenticating the same, aucl s l d l be prima $ h e proof of the person named therein being duly natnralized, and of thc signature or seal authenticating thc same, ancl of all the matters contamecl or recited in such letters of naturalization, or certified copy respec- |
Evidmce, without | letters of naturalization, deposited as aforcsnici with the cadorscrnents |
further proof. |
signed the same. | tively, nncl of the oflicial character of the persons appearing to havc | I hereby rcstr,+e | Illis: Act for the signification of the Queen's |
|
pleasure.
D, IDALY, Gowrnor.
SCHEDULES
26" & 27" VICTORUE, No. 26.
Aliens Act.-1863.
SCHEDULES REFERRED TO.
I do sincerely promise and swear that I will be faithful and boar true allegiance to Her Majesty Queen Victoria, as lawful Sovereign of the United Kingdom of Great
Britain and Ireland, and of this Province of South Australia. | So help me God. |
Lettere of naturalization in duplioate, depositing, and oath ..................... | 1 1 | 0 |
Depositing copy, lettars of naturalization granted out of the Province, declaration, |
and endorsing certificate, &c. ........................................ 0 10 6
-
Addaide: Printed by authority, by W. | 0. Coz, Gownment Prink, Victoria-qwe. |
r M