hereafter be entitled to all the privileges by this Act conferred on persons naturalized under this Act. affect Act of 3, C. 9. 39. Nothing in this Act contained Act not to shall repeal or in any manner affect the U.C., 54 Geo. Act of the Legislature of Upper Canada, passed in the fifty-fourth year of the reign of His late Majesty King George the Third, intituled "An Act to declare certain persons therein described Aliens, and to vest their estates in His Majesty," or any proceedings had under the said Act. Acts of Pro Canada. 40. Nor shall anything in this Act con- Nor certain tained repeal or in any manner affect the vince of Act of the legislature of the late Province of Canada, passed in the session held in the fourth and fifth years of Her Majesty's reign, chapter seven, intituled "An Act 4, 5 V., c. 7. to secure to and confer upon certain inhabitants of this Province, the civil and political rights of Natural born British Subjects," or the first, second or third section of the Act of the said legislature passed in the twelfth year of Her Majesty's reign chapter one hundred and ninety-seven, intituled "An Act to repeal a certain Act 12 V., c. 197. therein mentioned and to make better provision for the Naturalization of Aliens,”—or impair or affect the naturalization of any H.N.A. 8 of those Or the rights person naturalized under the said Acts, or naturalized either of them, or any rights acquired by under them. such person or by any other party by As to persons entitled to be naturalized before Jan under the law of any Province of Canada. virtue of such naturalization, all which shall remain valid and be possessed and enjoyed by such person or party respectively. 41. Every person who, being by birth an alien, did, prior to the first day of uary, 1868, January, 1868, take the oaths of residence and allegiance required by the naturalization laws then in force in that one of the Provinces now forming the Dominion of Canada, in which he then resided, shall, within Canada, be admitted to all the rights and privileges of a natural born British subject conferred upon naturalized persons by this Act; and the certificate of the Judge, Magistrate, or other person before whom such oaths were taken and subscribed, shall be evidence of his having taken them; or he may take and subscribe the oath in form G in the schedule hereto before some judge, justice, or person authorized to administer the oaths of residence and allegiance under this Act, in the county or district in which he resides.* Aliens who had their 42. All aliens who had their settled settled abode place of abode in either of the late ProProvinces, on vinces of Upper Canada or Lower Canada in certain * This section is in effect a re-enactment of sec. 1 of 34 Vict, cap. 22. and resi or Canada, or in Nova Scotia or New certain nam ed days, to be Brunswick, on or before the first day of British subJuly, A.D. 1867*, or in Rupert's Landing oaths of or the North-West Territories on or before allegiance, the fifteenth day of July, A.D. 1870,† or dence. in British Columbia, on or before the 20th day of July, A.D. 1871, or in Prince Edward Island, on or before the first day of July, A.D. 1873,§ and who are still residents in Canada, shall be deemed, adjudged, and taken to be, and to have been entitled to all the privileges of British birth within Canada as if they had been natural born subjects of Her Majesty, subject to the following provision, that is to say:―That no such person (being a male) shall be entitled to the benefit of this Act, unless nor until he shall take the oaths of allegiance and residence|| in the form prescribed by this Act, before some Justice of the Peace or other person authorized to administer oaths under this Act. oaths re 43. The oaths taken under the last pre- Where the ceding section shall be filed of record,-quired by s. if the person making them resides in the filed of record 42 shall be * Date of Union of Provinces named in Proclamations, Canada Gazette 1867, pp. 1835, 1839. † Date of admission to Dominion, see Stats. Can. 1872, p. lxv. Date of admission, see Stats. Can. 1872, p. lxxxiv. § Date of admission, see Stats. Can. 1873, p. ix. || See Forms, pp. 87, 93. Province of Ontario, with the Clerk of the Peace of the county in which he resides,—if he resides in the Province of Quebec, with the Clerk of the Circuit Court of the circuit within which he resides, if he resides in Nova Scotia, with the Clerk of the Supreme Court,and if he resides in New Brunswick, with the Clerk of the Supreme Court,-if he resides in British Columbia or Prince Edward Island, with the Clerk of the Supreme Court,-if he resides in Manitoba with the Clerk of the Court of Queen's Bench, or with the Clerk of the County Court of the county in which he tesides,—if he resides in the North-West Territories or in the District of Keewatin, with such person or authority as may be provided by order or regulation of the Governor General in Council;* and upon its being so filed, the person making it shall be entitled to the benefit of this Act and of the privileges of British birth within Canada, and shall also, upon payment of a fee of twenty-five cents, be entitled to a certificate from the person with whom the oaths have been filed, in the form H of the schedule hereto or to the like effect; and the production of such certificate shall be prima facie evidence of his naturalization under this Act, * Vide ante, p. 64, and Regulations in Appendix. Effect of filing: fee for certificate, and its effect. and that he is entitled to and enjoys all the rights and privileges of a British subject. 44. The Governor in Council may commissionappoint, from time to time, Commission-ers for administering ers to take and administer oaths under oaths. this Act. PENALTY FOR FALSE SWEARING. for false affirming. 45. Any person wilfully swearing false- Punishment ly, or making any false affirmation under swearing or this Act, shall be deemed guilty of wilful and corrupt perjury, and shall, on conviction, in addition to any other punishment authorized by law, forfeit all the privileges or advantages which he or she would otherwise, by making such oath or affirmation, have been entitled to under this Act; but the rights of others in Proviso; Saving rights respect to estates derived from or held of others. under him or her, shall not thereby be prejudiced, excepting always such others as shall have been cognizant of the perjury at the time the title by which they claim to hold under him or her was created. ralization 46. After the coming into force of this Future natuAct, no alien shall be naturalized within only under Canada, except under the provisions of this Act. this Act. |