Aliens Act 1864 (SA)

,4NNO VICESlMO SEPTIMO ET VICESIMO OCTAVO

No. 5.

Atz Act to ametzd and consolidate the Laws retating to Aliens.

[Assented to, 3rd November, 1864.1

i REAS it is expedient to amend and consolidate the laws re- Preamble,

in-Chief of the Province of SOLI~II Australia, with the advice and VIIr; sting to riliens-Be it therefore Enacted, by the Governor-

conseut of the Legislative Council and House of Assembly of the

said Province, ia this present Parliament assembled, as follows:

1. This Act may be cited for all purposes as the "Aliens Act, Short title of Act.

1864."

P

2. An Actl NO. 20 of 21st Victoria, intituled " An Act to amend Repeal of Actu,

aod consolidate the Acts relating to Aliens ;" and An Act, No. 20 of 1860, irltituled ' l An Act to aEord to Aliens who have been l~~turalized in Great Britain or in any of the Australasian Colonies, certain Privileges within the Province of South Australia," are hereby repealed, save as regards all rights which may have been lawfully acquired under or by virtue of the said Acts, or either of them, and as regards persons who shall have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against the said Acts, or eithor of them : Provided that no Act or Ordinance, repealed by the said acts or either of them shall be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 ,4ct, the expression " Governor in Council" shall mean the Governor of the mid Province, with the

advice a d consent of the Executive Council thereof.

4. Every

Aliens Act-1864.

Every person now born, or who may hereafter be ban,, out of Her sibject of Her Majesty, shall be capable of takin;

4.

B'evwmn

a mother who in a

natur 1 born or natu-	Majesty's dominions, of n mother being 8. natural born or natornlired
nliiz& ~ubjeat,	'C

to him, his heirs,

of holding

r e ~ o r r p ~ n ~ e ~ t a ~, executors, or administrators, any estate, real or personal, within

%	the said Province, by devise, or purchase, or inheritancc of suc-
cession.

Alien friends may

hold real and personal 5. Every alien friend resident in the said Province inay inlicrit,

or otherwise take by representation, acquire, hold, convey, assign, devise, bequeath, or otherwise dispofie of every description of i i o -

perty? whether real or personal, in the same manner as if he were s

natural born subject of Her Majesty.

Former conveyancea 6.

Every grant, conveyance, assignment, or will, to or by any such alien, made prior to the passing of this Act, ~11,211 he as valid and effectual :is if it had been made to or by n natural boru subject of Her Majesty.

by alien8 legalized.

Conditions of natu-

ralization. 7. When any alien fiiecd now residing in, or who sllnll l~crcaftcr

reside within the said Province &sires to be naturalized, if he be of good repute, and if he take the owth prescribed in Schedulc 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.

Naturalization to	ex-	8. When any alien woman is married to any nat~~ral-born naturalized subject of Her Majesty, sucl~ wolaan shall thereby become and be naturalized within the limits of the said Proviuce.	or
tend to wifo.
MO& of obtaining

haturalieation.	9. When any pe~son desires to obtain natumlization under this Act, he may present to the Governor in Couucil a incmorial signed b himself and verified upon oatlr, stating his name, age, billh- p!ke, residence, and occupation, tllc lcngth of lris resideme in the
said Province, and his desire to settle therein, aud praying that letters of naturalization rimy be granted to him, and also u certifi-
cate signed by some Justice of the Peace to the cRcct that the applicant is lrnown to him, and is, to the best of his belief and kmwledge, a person of good repute.

Ap licant to tnke 10. 'If the Governor in Council think fit to grant sucl~ letters. ha

of a l leg i~nc~. shall direct the applicant to take the oath prescribed by xhis Act before some one of the Judges of the Supreme Court, or hefore a Commissioner for taking affidavits in the said Court, and upon the certificate of such Judge or Coniiilissiorler that the applicant has taken before him the said oath, he shall issue letters of naturalization accordingly, which letters of naturalization shall be in duplicate, and one part shall be deposited in t l ~ c Registry Office of the said Province.

11. Upon obtaining the letters of naturalization hereinbefore

prescribed, every alien now residing in, or who shall hereafter come

to

- 27" & 28" VICTORIB, No. 6.

Alien.$ A c t 1 864.

to reside in any part of the said Province, with intent to settle therein, s l d l enjoy witliin the same all the rights and capacities which a natural born subject of Her Majesty can enjoy or transmit within the said Province, save as here& otherwise provided.

12. Every alien who lid have obtained letters of naturalization letters Alien having of naturaliza- obtained

in any British Colony or Possession, which letters of nntoralization tion elsewhew ,,,

ahallurecite that the nerson nientioned therein has taken an oath obtainsame hem.

of allegiance to Her	Most Gracious Majesty, and shall grant to
such person any of	tlic rigllts and privileges of n British subject
witliin the Colonv	or Possession in which the same shall have

been issued, shdl i ~ e entitled to obtain the privileges of i~storalization

within the said Proviuce upon the terms and in the nmmer hereio-

after set forth.

13. Every such alien shall deposit in the Registry OWce of the htte1-8 ofn~tura~za- t ion and copy to be

said Provink the original lcttcrs of imtoraliz,ztim so grantod to him, asposited.

and a true copy tlrcrcof in such form, as may, for tlie time being, be 1 4-

rcqnircd bv the Kcgistrar-General of the said Province, an &U6f6d	f 1
slrnll at the same time ulal~e and subscribe s declaration before the Registrar-General of the said Province, or m y of tlie Deputy Registrars of the same, and which declaration the said Eegistrrtr- General or Deputy Itcgistmr is hereby :tiitliorized to receive, thnt he is thc person i~arned in such letters of naturalization, and that the samc bad been obtained without any fraud or iiltcntionnl false state- mcut, and that tlie signature and seal (if ,any) to the said letters of naturalization are, to the best of' his kiio~,~ledge a i d belief, geuuinr,
- and shall also tnkc and subscribe the oath prescribed by this Act,
aud which oath shall be taken and subscribed by him before, and shall hc duly ndiuini~t~crcd to him by, thc Registrar-Geaerid, or any of the Deputy Ikgistrars aforesaid, and the Registrar-Oeneral or Deputy Registrar slid1 tliereupon eiidorse upon the originid letters of naturalization, and :dso upon the copy deposited theremitll, a stnte-
ment under the haud and seal of office of such Registrar-General or	Deputy Registrar-General, thnt tile person mentioned therein liatli

made the dec1;wation and taken tlie oath by this Act directed to be Oath allegi~*~c.

inadc and takeiz, R ~ C I slrnll also endorse upon such copy a certificate that it has been esainined with the original and has been found to Be correct; and shall tlrereupou deliver to such person the original P + i h ~ c o n f ~ ~ e d *

letters of natnralizntion with tlle eridorselnent tliereon, nrrd froni and after sucli endorsemelit snc h alien sllnll have, enjoy, and exercise ~vitliin the said Province all the rights, privileges, C and capacities of

a natural-born British subject that arc granted, enjoyed, and ex- I n ~ e c t i o n ~fcopies-

crcised by, and bv virtue of the letters of naturalization authorized to be grmted by h i s Act; and all letters of mtuwlization granted in the said Province, and all copies of any letters of naturalization, and of the ondorsemcut thereon, to be deposited as above-mentioned,

may be inspected, and copies thereof taken and granted, 'as in the case of other instruments deposited in the Registry Office aforesaid.

14. If any person to whom letters of naturalizatiou have been pen* for fh

granted statement,

Aliens Act,-1864.

granted he convicted of having made any false statement in his memorial, or if any person s l d l make any false statement in the declaration to be made by llim, as rnentioued in the last preceding section, 11c shall be deemed guilty of perjury, and such letters of nxturalizatioo shall, except as agaiost boaaflde parcllasera from such person for valuable consideration, become utterly void.

Cfoverflor to make	15. The several psocccding~	bereby nutllorized to bc taken for
rules.

cbtaining letters of naturalization as nfovesnid, shall be reeulated in

such manner as the Govermr in Council shall from ti& to time

direct.

Fees payable. 16. The fees payable in respect of the several proceedingp hereby authorized sl~all bc the fees ~pecified in Schedule B to this Act.

Persons heretofore 17. Every person who shall hme bccn duly naturalized under any

naturalized to enjoy	Barno pririiosea as if law heretofore in force in the raid Province, dial1 have, enjoy, and
naturaliead under cxcrcise the same rights, pG4eges, aiid capacities, as if he had ob- this Act.

taincd letters of nattrralizntion under this Act.

Letters of naturaliza- IS. All letters of natnralization, and every certified copy of any

tion to be p r i ~ facie

evidence, without

letters of naturalization. deposited as aforesaid with the endorsements

further proof.

thcreon alrcndy granted, or hereafter to bc grantcd, shall be admissible in evideace witliont proof of the sig:mture or seal autllenticating the same, and shnll be prima ,facze proof of the pcrson ~mmed tl~erein beinq ddly naturalized, and of the sipnnture

or seal nnthehtk~ting the k n e, and of all the m:ttters conta~ned or

recited in such letters of iiatnmlizatinn, or certified copy respec-

tively, and of the ctiicid clrnractev of the pcrsoils apppcaring io have

signed the same.

0 0 a f f e c -

tutioo or Elcctcral 19. Nothing in this Act contained s l d l in any way alter or affect

AC~S. any of the Laws relating to the Constitutioi~ of the Parliament of

the said Province, or the electiou of Members to serve therein.

I n the name and on behalf of the Queen I hereby assent to

this Act.

D, DALY, Governor.

SCHEDULES

27% 2S0 VICTORIA, No, 5.

Aliens Act,-1864.

SCIIEDUIiES REFERRED TO.

X do sincerely promise and swear that T will be faithful and bear true allegiance to

Her M d j e s t y Queen Victoria, as lawful Sovel.cign of thc! Unitcd Kingdom of Crcnt

Britain m c l Ireland, and of this F r o v i n w of South Australia. So hell, file God.

.-c. S. d.

Lcttcrs of natiiralirntion in duplicate, depositing, and 05th .................... 1 1 0

Dq:oriting copy, lcttcrs of nntumlizstim grant~d out of tile Ptorince, declaration,

:m11 endolsing certif i~atc, &c. ........................................ 9 10 6

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Adelaide : Printed by authority, by W. C, Cox,