certified by such judge under his hand and seal, or before a commissioner of the said supreme court for taking oaths and affidavits, and certified by him under his hand and seal, or before the mayor or other chief magistrate of any city or town corporate, and certified by him under his hand and official seal, or the public seal of such city or town corporate.

(3) If executed in any British colony or possession out of the United Kingdom, other than the Channel Islands, by the affidavit or solemn aflirmation or declaration in writing of one of the attesting witnesses of the due execution thereof by such alien or statutory alien, and of the true date and place of such execution, made and signed before the governor, lieutenant-governor, or president, or person administering the government of such colony or possession, and certified by him under his hand, and the great seal of the colony or possession, or under his seal at arms, or before a judge of any court of record having a seal, and certified by him under his hand and the seal of such court, or before the mayor or other chief magistrate of any city or town in such colony or possession, and certified by him under his hand and official seal, or under the public seal of such city or town corporate.

(4) If executed in any place out of Her Majesty's dominions by the affidavit or solemn aflirmation or declaration in writing (in English, or accompanied by a translation into English verified by the minister or other functionary before whom the same shall be made) of one of the attesting witnesses of the due execution thereof by such alien or statutory alien, and of the true date and place of such execution, made and signed before a British minister or ambassador or secretary of legation resident in the country where such deed has been so executed, and certified by him under his hand, and official or other seal, or before a British consul, vice-consul, or consular agent, within whose district or consular jurisdiction such deed shall have been executed, and certified by him under his hand and seal of office, or before a judge of any court having a seal, and certified by him under his hand and the seal of such court. Every affidavit or solemn affirmation or declaration required by or made under this act, and every certificate thereof, shall be endorsed on or annexed to the deed to which they relate, under the hand of the judge or other officer or functionary before whom such affidavit or affirmation or declaration shall be made, and under such seal as aforesaid.

(5) Every such deed, together with all such proofs and certificates as aforesaid, shall be recorded in the secretary's office in these islands within six calendar months, if executed in these islands, or within twelve calendar months if executed elsewhere, after the execution thereof by such alien or statutory alien; and for the purposes of this enactment the date of such execution shall be deemed to be the date when the deed is proved by such affidavit or affirmation or declaration to have been executed by such alien or statutory alien unless and until the contrary be shewn; and every such deed shall be deemed to be recorded within the meaning of this enactment on and from the date of the delivery thereof, with the proper proofs, into the secretary's office for the purpose of being recorded, with the fee for recording the same at the rate allowed by the fee act, 1819, or such deposit as shall be estimated by the colonial secretary, or the clerk

in the secretary's office, as the amount of such fee, and the colonial secretary or the clerk shall, on receipt thereof, endorse on such deed the date of the receipt thereof, and shall deliver to the person depositing such deed a receipt for the amount of such fee or deposit, and when such deed shall, after having been recorded, be delivered back to the person depositing the same or his authorised agent or lawful representative, a receipt therefor shall be signed by the person to whom such deed shall delivered in a book to be provided and kept for the purpose, or in such other manner as the colonial secretary shall require.

Out of the fees paid for recording such deeds the colonial secretary shall defray the cost of recording the same, at a rate not exceeding sixpence for every folio of one hundred words, reckoning four figures as one word, and the remainder of such fees shall be paid by the colonial secretary into the public treasury.

If the fee or deposit paid at the time of the delivery of such deed to be recorded shall be less than the fee legally payable for the recording of such deed, the person to whom the same is delivered shall forthwith pay the difference, and if such fee or deposit exceeds the amount legally payable for such recording the colonial secretary or the clerk shall repay the excess to the person to whom the deed is delivered.

10. The wife of any alien, whether such alien was or was not a natural-born British subject, who shall, after the commencement of this act, obtain a certificate of naturalization under the provisions of the alien act, 1857, shall be entitled only to such rights and capacities of a natural-born British subject in these islands as her husband shall be entitled to by virtue of such certificate.

11. Whenever, before the commencement of this act, any alien or statutory alien shall, in good faith and for valuable consideration, have disposed by deed to any British subject of any land in these islands which such alien or statutory alien could, if a British subject, have lawfully disposed of by such deed, such land shall not be escheated to the Crown by reason of his or her being an alien or statutory alien, and the title of the person or persons lawfully holding such land under or by virtue of such deed shall be as valid as if such alien or statutory alien had been a British subject at the time of the execution of such deed.

12. The first section of the lien act, 1857, is hereby repealed.

13. This act shall not come into operation unless and until the governor notifies by proclamation that it is Her Majesty's pleasure not to disallow the same, and subject as aforesaid it shall come into operation on the thirty-first day of December, one thousand eight hundred and ninety-seven, or as soon after that day as such proclamation as aforesaid shall be made.

[1900.-No. 13.]

THE ALIEN ACT, 1900.

[1ST MARCH, 1900.]

Whereas by the alien act, 1897, it is enacted that no deed by which an alien or statutory alien should after the commencement of that act dispose of land under the provisions of the said act should be

valid or effectual for that purpose unless the same should be executed by such alien in the presence of and attested by two or more credible witnesses and such execution should be proved in the manner prescribed by the 9th section of the said act: But no provision is made in the said act for the execution of such deeds by the attorney of any alien or statutory alien and it is expedient to authorise and validate the execution of such deeds by the attorneys of such aliens: We therefore, &c., be it enacted, &c.:

1. Any deed or conveyance of any land or real estate in these islands of any alien or statutory alien under the provisions of the alien act, 1897, heretofore executed or hereafter to be executed by any attorney of such alien or statutory alien appointed by any power of attorney executed, proved, and recorded in the manne. prescribed or allowed by the ninth section of the said act with respect to conveyances of lands in these islands of aliens or statutory aliens shall be as valid and effectual as if such deed or conveyance had been signed, sealed, and executed by such alien or statutory alien by his or her own hand, and in the case of any married woman party thereto had been acknowledged to have been freely and voluntarily executed by her.

2. This act shall be construed together and as one with the alien acts, 1857-1897, and may be cited together with those acts as the alien acts, 1857-1900.

[1901.-No. 5.]

THE ALIEN ACT, 1901.

[15TH JULY, 1901.]

Whereas a convention between the United Kingdom and the United States of America relative to the disposal of real and personal property, a copy of which convention is appended to this act, was signed at Washington on the second day of March, 1899, the ratifications of which were exchanged at Washington on the twentyeighth day of July, 1900, and whereas it is deemed expedient to make such amendment of the law of these islands as will enable the stipulations of the said convention to be made applicable to this colony under the provisions of Article IV of the said convention:

Be it enacted by the governor, legislative council, and assembly of the Bermudas or Somers Islands as follows:

1. This act shall be construed together and as one with the alien act, 1897, except that the word "alien" as used in this act shall, where not inconsistent with the context, have its ordinary meaning, instead of the special meaning assigned thereto by the second clause of the alien act, 1897.

2. From and after the passing of this act, and during such time as the said convention between the United Kingdom and the United States of America relative to the disposal of real and personal property shall be applicable to this colony, the privileges granted by the fifth section of the alien act, 1897, to aliens and statutory aliens shall extend and apply to all aliens whatsoever; provided that, subject and without prejudice to the provisions of Article I of the said convention, the period within which such privileges may be exercised

by any alien, either under the said fifth section or under this section, shall be three years, instead of five years as provided by the said fifth section.

3. Nothing in this act contained shall be construed to prejudice or affect any right which at the time of the passing of this act any alien or statutory alien has acquired or is entitled to under the provisions of the fifth section of the alien act, 1897.

4. Where any person shall desire to obtain a prolongation of the term of three years in which, under the provisions of Article I of the said convention, he would be allowed to sell any real property in these islands, he may present a memorial in writing to the governor, stating the circumstances which render it necessary that such term should be reasonably prolonged, and in any such case it shall be lawful for the governor in council, by warrant under his hand and the great seal of these islands, to prolong the said term for such reasonable period as the governor in council shall deem expedient.

BRITISH GUIANA.

COURT OF POLICY.

[Ordnance No. 7 of 1891.]

AN ORDINANCE RELATING TO THE LEGAL CONDITION OF ALIENS AND BRITISH SUBJECTS."

Ordinance enacted by His Excellency Sir Charles Bruce, knight commander of the most distinguished order of Saint Michael and Saint George, lieutenant-governor and commander in chief in and over the colony of British Guiana, vice-admiral and ordinary of the same, &c., &c., &c., with the advice and consent of the honourable the court of policy of the said colony.

To all to whom these presents do, may, or shall come, Greeting! Be it known:

Be it enacted by the governor of British Guiana, with the advice and consent of the court of policy thereof, as follows:

1. This ordinance may be cited for all purposes as the naturalization ordinance, 1891.

STATUS OF ALIENS.

2. Movable and immovable 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 movable and immovable property of every description may be derived through, from, or in succession to an alien in the same manner

a Numbered 4/91 in Revised Laws.

Text as printed in the appendix to the Report of the Inter-Departmental Committee. Parl. Pap. (1901), Cd. 723.

in all respects as through, from, or in succession to a natural-born British subject: Provided that this section shall not

(1) Confer any right on an alien to immovable property situate out of this colony, and shall not qualify an alien for any office or for any legislative franchise, but a person shall not be deemed to be disqualified for the office of interpreter by reason of his being an alien; or

(2) Entitle an alien to any right or privilege as a British subject, except such rights and privileges in respect of property as are hereby expressly given to him; or

(3) Affect any estate or interest in movable or immovable 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 the coming into force of this ordinance, or in pursuance of any devolution by law on the death of any person dying before the coming into force of this ordinance; or

(4) Affect the liability of an alien to serve on juries under the provisions of any ordinance for the time being in force relating to juries.

NATURALIZATION.

3. (1) An alien who has resided in this colony, or has been in the service of the Crown, for a term in either case of not less than three years, and who intends, when naturalized, either to reside in this colony or to serve under the Crown, may apply to the government secretary for a certificate of naturalization.

(2) The applicant shall adduce in support of his application such evidence of his residence or service, and of his intention to reside or serve, as the case may be, as the government secretary may require. The government secretary shall, if satisfied with the evidence adduced, take the case of the applicant into consideration, and may, with or without assigning any reason, give or withhold a certificate, as he may think most conducive to the public good, and no appeal shall lie from his decision. No such certificate shall take effect until the applicant has taken the oath of allegiance, and until such certificate and oath have been recorded in the office of the registrar of British Guiana. Such oath shall be taken within two months after the date of the certificate, and such oath and certificate shall be recorded in a register book, to be kept for that purpose in the office of the registrar, within three months after the date of the certificate; and if default is made in complying with either of these requirements, the certificate shall be void and of no effect. A notice of the recording of every such certificate and oath shall forthwith be published by the registrar in "The Official Gazette."

(3) An alien to whom a certificate of naturalization is granted. shall in this colony 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 this colony, 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.