determine the same according to the course of Admiralty and the Law of Nations, and the Statutes, Rules, and Regulations in that behalf for the time being in force, to adjudge and condemn all such Ships, Vessels, and Goods as shall belong to the Foreign States named in such Proclamation, or to the Subjects of such State, or to any others inhabiting within any of the Countries, Territories, or Dominions of the same, or which are otherwise condemnable as Prize, and which shall be brought before the said Supreme Court of the Colony of Queensland for adjudication and condemnation. And for doing the acts herein before mentioned this shall be your Warrant until the same be withdrawn or revoked. Given under our Hands and the Seal of the Office of Admiralty this seventeenth day of August, one thousand eight hundred and ninety-nine. WALTER T. KERR. A. W. MOORE. To the Chief Justice of the Supreme Court of the Colony of Queensland THE NATURALIZATION ACT, 1870. An Act to amend the Law relating to the legal condition 33 Vict. c. 14. of Aliens and British Subjects.* THE NATURALIZATION [12TH MAY, 1870.] Аст, 1870. 1. This Act may be cited for all purposes as The Naturalization Act, Short title. 1870." Expatriation. 6. Any British subject who has at any time before, or may at any Capacity of time after the passing of this Act, when in any foreign state and not British under any disability voluntarily become naturalized in such state, shall renounce * Printed as amended by Statute Law Revision Act, 1893 (No. 2). Only so much of the Act is printed as may be applicable to Queensland. subject to allegiance to Her Majesty. Certificate of naturaliza tion. from and after the time of his so having become naturalized in such foreign state, be deemed to have ceased to be a British subject and be regarded as an alien; Provided, (1.) That where any British subject has before the passing of this Act voluntarily become naturalized in a foreign state and yet is desirous of remaining a British subject, he may, at any time within two years after the passing of this Act, make a declaration that he is desirous of remaining a British subject, and upon such declaration herein-after referred to as a declaration of British nationality being made, and upon his taking the oath of allegiance, the declarant shall be deemed to be and to have been continually a British subject; with this qualification, that he shall not, when within the limits of the foreign state in which he has been naturalized, be deemed to be a British subject, unless he has ceased to be a subject of that state in pursuance of the laws thereof, or in pursuance of a treaty to that effect: (2.) A declaration of British nationality may be made, and the oath of allegiance be taken as follows; that is to say,if the declarant be in the United Kingdom in the presence of a justice of the peace; if elsewhere in Her Majesty's dominions in the presence of any judge of any court of civil or criminal jurisdiction, of any justice of the peace, or of any other officer for the time being authorized by law in the place in which the declarant is to administer an oath for any judicial or other legal purpose. If out of Her Majesty's dominions in the presence of any officer in the diplomatic or consular service of Her Majesty. Naturalization and resumption of British Nationality. 7. An alien who, within such limited time before making the application herein-after mentioned as may be allowed by one of Her Majesty's Principal Secretaries of State, either by general order or on any special occasion, has resided in the United Kingdom for a term of not less than five years, or has been in the service of the Crown for a term of not less than five years, and intends, when naturalized, either to reside in the United Kingdom, or to serve under the Crown, may apply to one of Her Majesty's Principal Secretaries of State for a certificate of naturalization. The applicant shall adduce in support of his application such evidence of his residence or service, and intention to reside or serve, as such Secretary of State may require. The said Secretary of State, if satisfied with the evidence adduced, shall take the case of the applicant into consideration, and may, with or without assigning any reason, give or withhold a certificate as he thinks most conducive to the public good, and no appeal shall lie from his decision, but such certificate shall not take effect until the applicant has taken the oath of allegiance. An alien to whom a certificate of naturalization is granted shall in the United Kingdom be entitled to all political and other rights, powers, and privileges, and be subject to all obligations, to which a natural-born British subject is entitled or subject in the United Kingdom, with this qualification, that he shall not, when within the limits of the foreign state of which he was a subject previously to obtaining his certificate of naturalization, be deemed to be a British subject unless he has ceased to be a subject of that state in pursuance of the laws thereof, or in pursuance of a treaty to that effect. The said Secretary of State may in manner aforesaid grant a special certificate of naturalization to any person with respect to whose nationality as a British subject a doubt exists, and he may specify in such certificate that the grant thereof is made for the purpose of quieting doubts as to the right of such person to be a British subject, and the grant of such special certificate shall not be deemed to be any admission that the person to whom it was granted was not previously a British subject. An alien who has been naturalized previously to the passing of this Act may apply to the Secretary of State for a certificate of naturalization under this Act, and it shall be lawful for the said Secretary of State to grant such certificate to such naturalized alien upon the same terms and subject to the same conditions in and upon which such certificate might have been granted if such alien had not been previously naturalized in the United Kingdom. re-admission 8. A natural-born British subject who has become an alien in pursu- Certificate of ance of this Act, and is in this Act referred to as a statutory alien, may, to British on performing the same conditions and adducing the same evidence as is nationality. required in the case of an alien applying for a certificate of nationality, apply to one of Her Majesty's Principal Secretaries of State for a certificate herein-after referred to as a certificate of re-admission to British nationality, re-admitting him to the status of a British subject. The said Secretary of State shall have the same discretion as to the giving or withholding of the certificate as in the case of a certificate of naturalization, and an oath of allegiance shall in like manner be required previously to the issuing of the certificate. A statutory alien to whom a certificate of re-admission to British nationality has been granted shall, from the date of the certificate of re-admission, but not in respect of any previous transaction, resume his position as a British subject; with this qualification, that within the limits of the foreign state of which he became a subject he shall not be deemed to be a British subject unless he has ceased to be a subject of that foreign state according to the laws thereof, or in pursuance of a treaty to that effect. The jurisdiction by this Act conferred on the Secretary of State in the United Kingdom in respect of the grant of a certificate of re-admission to British nationality, in the case of any statutory alien being in any British possession, may be exercised by the governor of such possession: and residence in such possession shall, in the case of such person, be deemed equivalent to residence in the United Kingdom. 9. The oath in this Act referred to as the oath of allegiance shall be Form of oath in the form following; that is to say, "I do swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, her heirs and successors, "according to law. So help me GOD." National status of married women and infant children. of allegiance. 10. The following enactments shall be made with respect to the National national status of women and children: status of married women and (1.) A married woman shall be deemed to be a subject of the state infant children. Regulations as to registration. (2.) A widow being a natural-born British subject, who has become an alien by or in consequence of her marriage, shall be deemed to be a statutory alien, and may as such at any time during widowhood obtain a certificate of re-admission to British nationality in manner provided by this Act: (3.) Where the father being a British subject, or the mother being a British subject and a widow, becomes an alien in pursuance of this Act, every child of such father or mother who during infancy has become resident in the country where the father or mother is naturalized, and has, according to the laws of such country, become naturalized therein, shall be deemed to be a subject of the state of which the father or mother has become a subject, and not a British subject: (4.) Where the father, or the mother being a widow, has obtained a certificate of re-admission to British nationality, every child of such father or mother who during infancy has become resident in the British dominions with such father or mother, shall be deemed to have resumed the position of a British subject to all intents: (5.) Where the father, or the mother being a widow, has obtained a certificate of naturalization in the United Kingdom, every child of such father or mother who during infancy has become resident with such father or mother in any part of the United Kingdom, *or with such father while in the service of the Crown out of the United Kingdom, shall be deemed to be a naturalized British subject. Supplemental Provisions. 11. One of Her Majesty's Principal Secretaries of State may by regulation provide for the following matters :— (1.) The form and registration of declarations of British nationality: (2.) The form and registration of certificates of naturalization in the United Kingdom: (3.) The form and registration of certificates of re-admission to (4.) The form and registration of declarations of alienage: (6.) The transmission to the United Kingdom for the purpose of *Words from "or" to Kingdom inserted by section 1 (2) of the amending Act of 1895, infra. Power to make Regulations extended by the Naturalization Oath Act, 1870 (33 & 34 Vict. c. 102), next Act printed. + Words "and of the marriages of persons married at any of Her Majesty's embassies or legations repealed by the Foreign Marriage Act, 1892 (55 & 56 Vict. c. 23), s. 26, infra, title Marriage. (7.) With the consent of the Treasury the imposition and appli- The said Secretary of State, by a further regulation, may repeal, alter, or add to any regulation previously made by him in pursuance of this section. Any regulation made by the said Secretary of State in pursuance of this section shall be deemed to be within the powers conferred by this Act, and shall be of the same force as if it had been enacted in this Act, but shall not so far as respects the imposition of fees be in force in any British possession, and shall not, so far as respects any other matter, be in force in any British possession in which any Act or ordinance to the contrary of or inconsistent with any such direction may for the time being be in force. 12. The following regulations shall be made with respect to evidence Regulations under this Act: (1.) Any declaration authorized to be made under this Act may (2) A certificate of naturalization may be proved in any legal (4.) Entries in any register authorized to be made in pursuance of (5.) The Documentary Evidence Act, 1868,* shall apply to any 31 & 32 Vict. c. 37, infra, title Evidence. as to evidence. |