Naturalisation Act 1871 (WA)

WESTERN AUSTRALIA

ANNO TRIGESIMO QUINTO

VICTORIA REGLNIE

No. 2

An Act for the Naturalization of Aliens within the Colony

of Western Australia. [Assented to 4th August, 1871.

Preamble

HEREAS an Act of Parliament was passed in the thirty-third

WAn Act to amend the law relating to the legal condition of Aliensyear of the reign of Her Majesty Queen Victoria, intituled

and British subjects,' and it is expedient to adopt the provisions of the said recited Act in so far as the same can be made applicable in the Colony of Western Australia ; be it therefore enacted, by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows :-

Short title 1. This Act may be cited for all purposes as The Naturalization

Act, 1871.'

Capacity of an	2. Real and personal property of every description may be taken, acquired, held, and disposed of by an alien in the same manner in all respects as by a natural-born British subject ; and a title to real and personal property of every description may be derived through, from, or in succession to an alien, in the same manner in all respects as though from or in succession to a natural-born British subject : provided,
alien as to pro-
perty

(1.) That this section shall not qualify an alien for any office, or

for any municipal, parliamentary, or other franchise.

(u.) That this section shall not entitle any alien to any right or privilege as a British subject, except such rights and privi- leges in respect of property as are hereby expressly given to him.

(m.) That this section shall not affect any estate or interest in real or personal property to which any person has or may become entitled, either mediately or immediately, in possession or expectancy, in pursuance of any disposition made before

35 VICTORIA. No. 2

Naturalization of Aliens

the passing of this Act, or in pursuance of any devolution by law on the death of any person dying before the passing of this Act.

(iv.) That this section shall not qualify an alien to be the owner

of a British ship.

3. From and after the passing of this Act, an alien shall not be entitled to be tried by a jury de inedietate lingua, but shall be triable	Alien not en-
titled to jury de
medietate Unglue
in the same manner as if he were a natural-born subject.
4. Upon obtaining the certificate and taking the oath hereinafter prescribed, every alien now residing hi, or who shall hereafter come to	Aliens become natandizen on
obtaining certifi-
reside in, any part of the Colony, with intent to settle therein, shall be	cate
entitled to all political and other rights, powers, and privileges, and be subject to all obligations, to which a natural-born subject is entitled or subject in the Colony.

the Governor a memorial, stating the age, profession, trade, or other memorial 5. It shall be lawful for any such alien as aforesaid to present to Aliens to presort

occupation of the memorialist, and the duration of his or her residence in the Colony, and all other the grounds on which he or she seeks to obtain any of the rights and capacities of a natural-born British subject within the Colony, and praying the Governor to grant to the memo- rialist the certificate hereinafter mentioned.

6. Every such memorial shall be considered by the Governor in 31emorial to be

Council, who shall inquire into the circumstances of each case, and &oiisiderer od

receive all such evidence as shall be offered, by affidavit or otherwise, may gamit

as he may deem necessary or proper for proving the truth of the allega- c tifieate

tions contained in such memorial ; and the Governor, if he so think fit, may issue a certificate reciting such of the contents of the memorial as he shall consider to be true and material, and granting to the memorialist (upon his or her taking the oath hereinafter prescribed) all the rights and capacities of a natural-born British subject within the Colony.

7. Such certificate shall be enrolled for safe custody as of record in Certificate to be

the Supreme Court, and may be inspected and copies thereof taken "ruled

under such regulations as the Chief Justice shall direct.

every memorialist to whom rights and capacities shall be granted by oath 8. Within sixty days from the day of the date of such certificate, Alien to bake

such certificate shall take and subscribe the following oath, that is to

say

I, A.B., do swear that I will be faithful and bear true allegiance Form of oath

to Her Majesty Queen Victoria, her heirs and successors,

according to law : so help me God.

Which oath shall be taken and subscribed by such memorialist and be duly administered to him or her before the Chief Justice or Resident or Police Magistrate, who shall grant to the memorialist a certificate of his or her having taken and subscribed such oath accordingly ; and such certificate shall be signed by the Chief Justice or Resident or Police Magistrate.

9. The several proceedings hereby authorised to be taken for Roe.; to be made

obtaining such certificate as aforesaid, shall be regulated in such bY cover""

manner as the. Governor shall from time to time direct.

35 VICTORIIE. No. 2

Naturalization of Aliens

Fees payable	10. The sum of one pound shall be payable in respect of the several proceedings hereby authorised ; and the same shall form part of the general revenue.
Mien previously	11. An alien who has been naturalized previously to the passing of under this Act, and it shall be lawful for the said Governor to grant such certificate to such naturalized alien upon the same terms and subject to the same conditions except payment of fee in and upon which such certificate might have been granted if such alien had not been previously naturalized in the Colony.
naturalized may
apply for certifi-	this Act may apply to the Governor for a certificate of naturalization
cate

Women =trial	12. Any woman married, or who shall be married, to a natural-born
to natural-born

subjects deemed

subject or person naturalized, shall be deemed and taken to be herself

naturalized

naturalized, and have all the rights and privileges of a natural-born

subject.

children

Statue of infant

13. Where the father (or the mother, being a widow) has obtained a certificate of naturalization in the Colony, every child of such father or mother who during infancy has become resident in the Colony shall be deemed to be a naturalized British subject.

Rereditaments

14. All hereditaments which have heretofore been held, disposed been lawfully holden, disposed of and transmitted, and not to have been liable to escheat or forfeiture ; and all hereditaments now held by any alien may be lawfully held, disposed of and transmitted, without being liable to escheat or forfeiture.

acquired or dis-

posed of by

of, or transmitted by or through any alien, shall be deemed to have

aliens. not liable

to escheat

FRED. A. WELD,

GOVERNOR.