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THE NATURALIZATION ACT, CANADA, 1881. Declaration of Alienage by a Person born within British
Dominions, but also a subject or Citizen of a Foreign
State by the law thereof. I, A.B., of being held by the common law of Great Britain to be a natural-born subject of Her Britannic Majesty by reason of my having been born within Her Majesty's dominions, and being also held by the law of C.D. to have been at my birth, and to be still, a subject (or citizen) of C.D., hereby renounce my nationality as a British subject, and declare that it is my desire to be considered and treated as a subject (or citizen) of C.D.
(Signed), A.B. Made and subscribed this
18 , before me,
(Signed), E. F.
(or other official title).*
Made and subscribed this me,
(or other official title).*
* See note p. 95.
THE NATURALIZATION ACT, CANADA, 1881.
Declaration of British Nationality.
I, A.B., of being a natural born subject of Her Britannic Majesty, and having voluntarily become naturalized as a subject (or citizen) of C.D., on the
of 18 do hereby renounce such naturalization, and declare that it is my desire to be considered and treated as a British subject.
NOTE.—The Act under which this declaration is made provides that the declarant “shall not within the limits of the Foreign State in which he was naturalized be deemed within Canada to be a British subject, unless he has ceased to be a subject of the State in pursuance of the laws thereof or in pursuance of a treaty to that effect.”'
4. Every declaration, whether of alienage or British nationality, made in pursuance of the said Act, shall be deposited and registered in the office of the Secretary of State of Canada :
The Secretary of State of Canada, the Under Secretary of State, or the Deputy Registrar General of Canada may give certified copies of any such declaration for the purposes mentioned in the said Act.
* Any of the officials mentioned in sec. 9. sub-sec. 2, p. 59 ante, being the same as those mentioned in note p. 95. H.N.A.
5. With the consent of the Treasury Board, the following provision is made in regard to the imposition and application of fees :
OTTAWA, 19th December, 1883. The foregoing Regulations made under the authority of the Naturalization Act, Canada, 1881, have been approved by His Excellency the Governor General in Council this 19th day of December, 1883.
JOHN J. McGEE,
Clerk, Privy Council.
OTHER FEES NAMED IN STATUTE. I
To Clerk of Court on certificate of naturalization. $0 25 To Registrar land registry office for recording 0 50 for search and certified copy
0 25 For certificate under section 43,
* Vide ante, p. 78.
In re C. C. WEBSTER. (1)
In the Court of General Sessions of the Peace, County Simcoe, before Ardagh, Deputy Judge, Chairman, Dec., 1870, the granting of certificates of Naturalization to C.C. Webster, and others, under the Dominion Act, 31 Vict. cap. 66 (1868), was opposed on the following grounds :
1. That the time of residence was not stated in the affidavit of residence.
2. That the certificates of the Justice of the Peace, read on the first day of Court, did not show that the requisite oaths of allegiance had been taken by the applicants.
3. That initial letters only were used in the headings of the affidavits, and not the full names of the applicants.
Ardagh, D.J., referring to section 3 of the Act, pointed out that there was no provision for filing of record the affidavits of residence and allegiance; the only thing required to be filed of record being the certificate of residence; and that by section 5 this certificate should be presented to Court on the first day of some general sitting thereof, and read in open Court, and on the other provisions of the section the learned Judge observed that the mere lodging of such certificate is not to be considered as a filing thereof, the filing taking place only upon the order of the Court on the last day of its sitting, proceeds, “The only certificate spoken of is one of residence alone (except, indeed, that
(1) 7 U. C. L. J. (1871) 39.
mentioned in sec. 6,
) and this appears from section 4, sub-section 3." He was of opinion that the certificate referred to in section 5 is the certificate of residence only,
“The only thing before the Court and the only thing they are bound to take notice of is this certificate of residence. Behind this we cannot go, nor have we authority to enquire whether the evidence upon which it was granted was sufficient. We must presume that the Justice who granted it saw that the Act was complied with.” Referring to section 5, the learned Judge proceeds
“We must enquire if the facts mentioned in such certificate, read on the first day of the Court, are controverted or not. It is not attempted to be shown by the contestant that the alien has not taken and subscribed the oath of residence, but merely that he has made an affidavit which does not conform to the Act. This we think is not such a controverting of the fact of residence as to form a bar to the granting the certificate mentioned in section 6, in the face, too, of the certificates of the Justice saying the oath of residence has been made, and further that a residence of seven years has actually been proved before him." The three objections were over-ruled, and the certificates read were ordered to be filed of record under the provisions of the Act. But referring to section 6—the learned Judge says that “the form (i. e. of the certificate to be granted by the Court) recites the reading of a certificate that the alien has complied with the requirements of the Act, that is, amongst other things that he has taken the oaths of residence and allegiance. In no place, however, do we see any provision for such a certificate;
the only certificate to be read is that mentioned in section 5, and that says nothing whatever about the oath of allegiance. In consequence of this and inasmuch as the third section enacts, that the oaths of residence and allegiance required