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E (See Section 18.)

Special Certificate of Naturalization to a person with respect to whose nationality a doubt exists.

THE NATURALIZATION ACT, CANADA, 1881.

Follow form C down to the sign ¶.—then add:

And whereas the said A. B. alleges that he is a person with respect to whose nationality as a British subject a doubt exists, and this certificate is issued for the purpose of quieting such doubts, and the application of the said A. B. therefor, and the issuing thereof shall not be deemed to be any admission that the said A. B. was not heretofore a British subject-(then continue the rest of form C to the end.)

Form D to be altered in a similar way when necessary.

F. (See Section 20.)

Certificate of re-admission to British Nationality.

THE NATURALIZATION ACT, CANADA, 1881.

Formal part as in form C.

Whereas A. B., of (describing him as in form C), who alleges that he was a natural born British subject and that he became an alien by being naturalized as a subject (or citizen) of has complied with the several requirements of The Naturalization Act, Canada, 1881, and has duly resided in Canada for the period of three (or five, as the case may be) years; and whereas the certificate granted

to the said A. B., under the twelfth section of the said Act, has been duly read in open Court, and thereupon by order of the said Court has been filed of record in the same pursuant to the said Act: This is therefore to certify to all whom it may concern that under and by virtue of the said Act the said A. B., from the date of this certificate, but not in respect of any previous transaction, is re-admitted to the status of a British subject—(then follow form C from the sign § to the end.)

Form D to be altered in a similar way when necessary.

Where the applicant is a widow the form must be modified accordingly and recite that she became an alien by marriage with her late husband, L. M., a subject (or citizen) of

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in the Province of (a Judge Magistrate or other person, naming him) the oaths (or affirmations) of residence and allegiance required by the laws respecting the naturalization of aliens then in force in the said Province. So help me God.

I did take and subscribe before

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* The reference here to section 43 appears to be an error; this form

being prescribed by section 41. See p. 82, ante.

+ Signature of official before whom sworn. See p. 86, ante, note.

G 1. (See Section 44).

*

THE NATURALIZATION ACT, CANADA, 1881.

I, A. B., of

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do swear (or affirm) that I had a settled place of abode in (Upper Canada, Lower Canada, Nova Scotia, or New Brunswick, as the case may be) on the first day of July, A.D. 1867, (or in Rupert's land or the North-West Territories, on the fifteenth day of July, A.D. 1870) (or in British Columbia, on the twentieth day of July, A.D. 1871) (or in Prince Edward Island, on the first day of July, A.D. 1873), and I resided therein with intent to settle therein; and I have continuously since resided in the Dominion of Canada. So help me God.

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THE NATURALIZATION ACT, CANADA,

I hereby certify that A. B., of

me as (Clerk of the Peace,

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or as the case may be)

the oath (or affirmation) of which the following is a copy:

(Copy of Oath or Affirmation).

This certificate is issued pursuant to the forty-fifth section of The Naturalization Act, Canada, 1881, and is to certify to all to whom it may concern that

(Follow Form C.)

* See sec. 42, pp. 82-3, ante.

+ Quære, sec. 43.

This Form is prescribed by sec. 43, not sec. 45. See p. 84, ante.

REGULATIONS* MADE UNDER THE AUTHORITY OF THE NATURALIZATION ACT, CANADA, 1881.†

1. The time within which an alien's three years' residence or service must be had before taking the oaths or affirmations of residence and allegiance, and procuring the same to be filed of record as provided in the tenth section of the said Act is limited to five years, immediately preceding the taking of such oaths or affirmations.

2. In the North-west Territories and in the District of Keewatin, the certificate mentioned in the twelfth section of the said Act shall be presented to one of the Stipendiary Magistrates of the North-west Territories, who shall take such measures to satisfy himself that the facts stated in the certificate are true, as shall in each case appear to him to be necessary; and when satisfied that the facts stated in the certificate are true, he shall grant to the alien a certificate of naturalization, authenticated under his hand and seal:

Each Stipendiary Magistrate shall keep a record of the certificates presented to and filed with him; also a record of all certificates of naturalization granted by him, of which he is hereby authorized at any time to give a certified copy.

3. The forms of declarations of alienage made in pursuance of the said Act shall be respectively as follows:

I.

THE NATURALIZATION ACT, CANADA, 1881.

Declaration of Alienage by a Naturalized British Subject.

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provisions of the Order of the Governor General in Council

* Published in Canada Gazette, January 5, 1884.

+ See sec. 32, ante p. 76,

+ Vide ante, p. 89.

of the

and of the treaty between Great Britain and C. D., renounce my naturalization as a British subject, and declare that it is my desire to resume my nationality as a

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"

Justice of the Peace

(or other official title).*

* A declaration of alienage may be made as follows:-If the declarant be in the United Kingdom, in the presence of any 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, or 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. (Vide, sec. 6, p. 54, ante). 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." This would appear to include the persons named in sec. II, p. 61, ante. It evidently includes Commissioners for taking Affidavits in the High Court of Justice, Ontario, (See the Act respecting Commissioners for taking Affidavits and Affirmations, R. S. O. cap. 63; The Ontario Judicature Act, 1881, sec. 73, and 45 Vict. cap. 11, sec. I [Ont.]) and Commissioners similarly authorized in the other Provinces. Notaries Public, in addition to their ancient authorities in connection with commercial documents, are by various statutes authorized to administer oaths for judicial and other legal purposes. Upon section 22 of the Chancery Procedure Act, 1852 (Imp.), providing that the Court shall take judicial notice of the seal and signature of (inter alia) a Notary Public in Her Majesty's colonies, attesting certain pleadings, affidavits and all other documents to be used in Court, the Court admitted a deed executed in Canada, and signed by and attested by the seal of a Notary Public, notwithstanding no evidence was produced to prove that the person so acting was a Notary Public. (Brooke v. B., L. R., 17 Ch. D. 833 (1881); Smith v. Davis, L. T. 1868-9. 376). In the United States of America, in all cases in which oaths or acknowledgments may be taken before any Justice of the Peace of any state or territory, or in the District of Columbia, they may also be taken and made before a Notary Public or any of the Commissioners of the Circuit Courts, and when certified under the hand and official seal of such Notary or Commissioner shall have the same force and effect as if taken or made by or before such Justice of the Peace (R. S. U. S., 1878, sec. 1777; sec. 845 as to Commissioners). Under State Laws Justices of the Peace, and Notaries have power to administer oaths for Judicial and other legal purposes. (e. gr. Gen. Stats. Mass. 1860, 610; Gen. Stats. Conn, 1866, 607; New York Code, Throop's, 2nd ed., 354; and other State Laws). And by Act of Congress of Aug. 15, 1875, Notaries are authorized to take depositions, acknowledgments, and affidavits to be used in the United States Courts in the same manner and with the same effect as Commissioners of the United States Circuit Court (Supp. R. S., 1874, 1881, 251).

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