have resided, or shall continue to reside therein, or in some other part of his Majesty's dominions, for the space of seven years continually, without having been during that time stated resident in any foreign country, shall be deemed and taken to be natural-born subjects, as if they had been born in this province: provided, that no one of the persons described in this clause, (except females) who, at the passing of this act, has been resident in his Majesty's dominions seven years continually, as aforesaid, shall be entitled to the benefits of this act) unless, within three years after the passing of this act, (if at the passing of the act he shall be sixteen years of age or upwards, or if not of that age, then within three years after he shall be of that age,) he shall take and subscribe the oath in the schedule to this act, marked A, or affirm to the same effect, before the register, or deputy register of some county in this province : and that no one of the persons described in this clause, who has not been resident, as aforesaid, seven years continually in his Majesty's dominions, shall be entitled to the benefits of this act, unless within three years after he shall have completed a stated residence of seven years continually, as aforesaid, in his Majesty's dominions, (if at the expiration of such residence he shall be of the age of sixteen years or upwards, or, if at that time not of that age, then within three years after he shall have attained that age) he shall take and subscribe such oath or make such affirmation."

Form of the Oath.

A.

"I do swear, (or being one of the persons allowed by law to affirm in civil cases, do affirm,) that I have resided seven years in his Majesty's dominions, without having been during that time resident in any foreign country: and that I will be faithful and bear true allegiance to the Sovereign of the United Kingdom of Great Britain and Ireland, and of this province, as dependent thereon."

By 1 W. IV. c. 8, the period of three years mentioned in the last act for taking the oath, is extended to four from the passing of this act, and thence to the end of the

next session.

years

By 2 V. c. 20, § 1, so much of the second clause of* 9 G. IV. c. 21. as limits the time for taking the oath therein prescribed, be revived and extended to two years from and after the passing of this act. [11th May, 1839.]

By 4 & 5 V. c. 7, all aliens actually residing within this province on the 10th February, 1841, and who were so

resident continually for seven years next before that day, or shall have been continually resident for seven years from the said day, or from their first residence in this province before that day, shall be deemed and taken to be natural-born subjects of her Majesty, to all intents and purposes whatsover: provided that residence within Lower Canada or residence within Upper Canada shall be deemed residence within this province for the purposes of this act. § 2. Temporary absence from the province, without renewal of allegiance to any foreign state, or actual removal of domicile, shall not be held an interruption. § 3. Every pereon naturalized under this Act shall, from the commencement of his residence, be deemed qualified to hold real estate in this province or the late provinces. § 4. Provided that no such alien (excepting females) who, at the passing of this Act, has been resident within this province seven years continually, shall be entitled to the benefit of this Act, unless within twelve months after the passing thereof he shall take the oath and make the declaration in the schedule, or, being one of the persons allowed to affirm, shall make affirmation to the same effect before some person whom the Governor, Lieutenant Governor, or person administering the government, shall, by commission under the great seal, empower to administer the same; and no such alien who having, at the passing of this Act, been for seven years continually resident within this province, (except as before excepted), shall be entitled to the benefit of this Act, unless within twelve months after he shall have completed such seven years' residence he shall take such oath or make such affirmation. § 5. Minors, having completed such stated residence, entitled to the benefit of the Act, upon taking the oath or making such affirmation within twelve months after they shall have attained the age of sixteen years. § 6. False swearing or false affirmation to be deemed perjury, and the offender, in addition to any other punishment authorised by law, shall forfeit all the privileges under the Act; but the rights of others, in respect to estates, not to be affected, unless such parties were cognizant of the perjury. § 7. Persons duly authorised may administer the oath or affirmation required, to any person above sixteen who shall desire to take the same, and shall make such declaration as will, if true, entitle him to the benefit of this Act, and shall keep books of registry, containing the oath or affirmation and declaration, which shall be signed or marked by the party. § 8. Duplicate books to be kept, containing the actual signatures or marks of the persons subscribing, and,

on or before the 31st day of December in each year, one of them shall be transmitted by the person in charge to the registrar of the province and the other retained, and both shall be public records. § 9. If either shall be lost or destroyed, it shall be supplied by a copy on oath from the other. § 10. A copy or extract from any such book or registry of the whole entry, made in respect to any person whose name is recorded therein, certified by the person in charge, shall be sufficient evidence of naturalization of the person described. § 11. The books transmitted to be verified by the commissioner or his deputy; § 12. Under the penalty of £200, to be recovered by information in any superior court of record. § 13. Alphabetical lists to be kept by the commissioners and registrar, and open for inspection, on payment of one shilling, search. 14. A fee of one shilling and three-pence to be charged for the oath or affirmation, and the like sum for the search and a certified copy. § 15. Any alien who, on the 10th February, 1841, was domiciled in this province, dying before the period limited by the Act for taking the oath, shall be deemed to have been a natural-born subject, so far as regards holding and departing real estate. § 16. This Act not to repeal or affect the 54 Geo. III. c. 9, or any proceedings under the same, or any law now in force for the naturalization of aliens. § 17. Aliens by birth, but naturalized in one part of the province, to be entitled to the same privileges throughout. § 18. Aliens under sixteen years of age, resident in the province on the 10th February, 1841, not to be disturbed in the possession or precluded from recovering real estate. § 19. Titles derived through aliens, before the passing of this Act, not to be disturbed. § 22. Claimants next entitled to an alien heir, in possession and having made improvements, or who shall have actually sold or contracted to sell real estate, the provisions of this Act not to invalidate any right or title to such estate.

SCHEDULE.
Oath.

I do swear (or, solemnly affirm, as the case may be,) that I was actually resident within the province of Canada, on the tenth day of February, in the year of our Lord one thousand eight hundred and forty-one, at the place named in the declaration to which I have set my name in this register; that I was continually resident in the said province for a term of seven years, in which the said day was included; that all the other particulars in the said declara

tion are true to the best of my knowledge and belief, and that I do truly believe myself entitled to be admitted to all the privileges of British birth within the said province, under the provisions of an Act of the Legislature thereof passed in the fifth year of the reign of her Majesty Queen Victoria, and intituled, An Act to secure to and confer upon certain inhabitants of this Province the civil and political rights of natural born British subjects, and I do further swear (or solemnly affirm, as the case may be,) that I will be faithful and bear true allegiance to the Sovereign of the United Kingdom of Great Britain and Ireland and of this province, as dependent thereon. So help me God.

A conveyance in fee to an alien is not void, but he holds for the benefit of the crown, and is entitled, as against all others, until the land is seised into the hands of the Queen on office found; and if a subject be a trustee for an alien, he has the legal estate and the Queen is entitled to the profits; and a person claiming through an alien may have a good title, although the alien himself would hold only for the benefit of the crown; and semble, a person claiming lands under a sheriff's deed sold at the suit of an alien, is entitled to recover in ejectment, notwithstanding stat. 5, G. II., it being necessary to take the objection of alienage, if available at all, before execution executed.-Cameron's Digest, p. 5.

A person who was born in the United States before the revolution, and has continued to reside there since, is an alien, and cannot maintain an ejectment in this country.-Ib.

ALLEGIANCE.

Allegiance is the tie which binds the subject to the King, in return for the protection which the king affords the sub

D

ject.-1 Bl. Com. 396. And there is an implied, original and virtual allegiance owing from every subject to his sovereign, although the subject never swore any oath or allegiance in form-2 Inst. 121; 1 Bl. Com. 368-which, upon the death of the king in actual possession of the crown, is due to his heir and successor before his coronation.-3 Inst. 7; 1 Hale, 61, 102; 1 Haw., c. 17, § 19.

Allegiance is of two sorts, the one natural, and the other local; the former being perpetual, the latter only temporary. Natural allegiance is such as is due from all men born within the king's dominions immediately upon their birth; and this cannot be forfeited, cancelled or altered by any change of time, place or circumstance, nor by anything but the united concurrence of the legislature.-1 Bl. Com. 359; 2 P. Wm. 124; 1 Hale, 68, 96; Fst. 7.

Local allegiance is such as is due from an alien or stranger born, for so long a time as he continues within the king's dominions and protection; and this ceases the instant such stranger transfers himself from this kingdom to another.-1 Bl. Com. 370.

Oath of Allegiance.

I, A.B. do sincerely promise and swear, that I will be faithful and bear true allegiance to her Majesty Queen Victoria, and her will defend to the utmost of my power against all traitorous conspiracies and attempts whatsoever which shall be made against her person, crown and dignity; and I will do my utmost endeavour to disclose and make known to her Majesty, her heirs and successors, all treasons and traitorous conspiracies and attempts which I shall know to be against her, or any of them; and all this I do swear, without any equivocation, mental evasion, or secret reservation, and renouncing all pardons and dispensations from any power or persons whomsoever to the contrary. So help me God.

AMENDMENT.

By 1 Wm. IV. c. 2, it is enacted, that any judge of any court of oyer and terminer and general gaol delivery, (if such court or judge shall think fit) may cause the record on which any trial may be pending before any such court, in any indictment or information for any misdemeanor, when any variance shall appear between any matter in writing or in print produced in evidence and the recital or setting forth thereof upon the record whereon the trial is pending, to be forthwith amended in such particular by some officer of the court.