No. 7,

No. 7,

PRDINANCZ enacted by the Owemor of c consent of the Legislative

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To amend the Laws rela

W

HEREAS by an Act, passed in the seventh and eighth years of intituled "An Act to amend the Laws in force affecting Aliens were amendc is expedient to assimilate the

h w

ol England in this behalf:

BE'IT THEREFOIU~

ENACTED,

by the

G

with the advice ru~d conscut of the

[28f?~ July, 1846.1

.e Session o f Parliament,

of

^{b b l e}

:er hlajes ty's r e i ~ (cap. 66), 7 . a d 8 V i d , & I I ,

dating to Alien:" the Laws

.

^{in certain} respects; and it

this

Province to the

Law

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That the said recited Act of Pxlinmerzt, so fa m the same ie applicable to tllis Province s l i d be and !is 11ereby adopted, and &all be applied in the aclrninistibation of justice in the said Province, in like manner as other

Lnws

of ~ n ~ l d d are therein applied; and all _Aliens now _residing, or

who

shdjhereaf'ter come to reside in

@out$ Ar;latra;li%

shall

enjop

witpin tw said Province

a l l the

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rights and capacities as they:would be entitled to

if

they were resident in the United ~ i n ~ d o m .

9 5

Every w nh of 11.

AND

BE IT

ENACTED,

thaf every person now born, or hereafter

a British mother

,,a,o of holding . to be born, out of Her MajebtyH Dominions, of a mother being i(

m1 estate. Or W w n . 1 natural-boq subject of the anited Kingdom, shall be capable of . taking to him, his heirs, ex+utors, or administrators, any ^estate, real or persond, by devise or phchase, or inheritance of succession.

2 I:

Alien friends may

hold every apecics of 111. AND nE IT ENACTED, that fiom and after the passing of 'his

pormn.1 pmpm)i Act, every Alicn, being the subject of a friendly state, shalI and m a y

except chattels 'take ancl hold, by purchase, @ft, bequest, represen tntion, or otlwr- ,

, wise, evcry species of personal property, except chattds real, ns fully

L

, and cffcctudly to all intents nqd purposes, and with the same rights, remedies, exemptions, privilc$es, and capacities, ail if he wv~w ^ti natural-born subject of the Untted Kingdom.

1

1'

Sabjectnof afriendly

TV.

AND BE IT

ENACTED,

h a t every Alien, W Y residing h, or

state may hold lande,

&c, for the purpckco who shall hereafter come to Seside in any part of this Pro~ince,

of widen=, ^&G, for and being the subject of a friendly state, may, by grant, lease, demist.,

twenty-one yeua

assignment, bequest, representation, or otheiwise, take and. hold

, any lands, houses, or other tenements, for the purpose of residence or of occupation by him or her, or his or her fiervants, or for the purpose of any business, tra4e, or manufactore, f o r m y tenn of years not exceeding trventy-on$ years, ss fully and effectually to nll intents and purposes, and wit11;the same rights, remedies, exemptions, and prideges, except the right to vote at elections for BI~mhvrs

I . of the. Legislature, as if he we* a natural-born subject of the United

Kingdom.

$

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Alionr to hocomo V. AND IIE IT ENACTED, tl<ht llpon obtaining the crrtifi~ntc and

""'"'"'""

"PO" tnliing thc oath h c r r h ~ f t r r purscribcd, cvery B h n ~ now wsidin? in, .

taining cortiflrnto,

taking pro~cdb~d or who s l d l hcreaftcr conic $0 rcddc in m y part of this P ~ v m c c .

oath, nud bcamiug

rcnidastr In ,be 114th intont to settle tlictein; shnll enjoy within the sntnr, ill .thr

provisos lights and capncitics which

1

natural-born subject of the United

1 .I(mgdom can enjoy or transnlit, except that such Alien s h d not 'be cnlxdh of bccon~ing a 3fpmber of Her IInjmty's Councils, nor

t of the Legislature, nor of enjpying such other rights and cnpncitics,

& , a . if any, ^as slidl be specially mcepted in and by the certificate to be

granted in manner herei~~after~rmtioncd.

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8 mentioned.

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subject, md praying the granting of .

! ^he

certificdxj hereinafter

I #

VII. AND BE IT

ENACTED,

that eve17 such Meinorid

shall

be ~ ~ f i $, t ~ ~ ~

considered by the Govenlor, who shaq inquire into the circum- _-3 i-

stmccs of each case, and receive all q c h evidence as

shall

be ^{@S- -}

-

offercd by affidavit or othcr~vise, as ^]I$ may deem necessary or m , ~ d . , . . S . - ,

proper for proving the truth of the nl@gations contained in such hIcmorin1; and that the said Governoi$ if he shall so think fit, ^' may issue n certificate, reciting such of ithe contents of the Memo- rid as he s l d l consider to be true and'materid, and granting to the BIemorinlist (upon his taking the o$th hereinafter prescribed, and subject to Her Majesty's confiimntia~~ or clisallon-ance), all the rights and cnpacitics of a natural-born British subject, except the ^' capacity of being a Meinber of the Coudcils, or of the hgis1ature,

md mcept the rights and capacities (i$any) ~pecially excepted in

ancl by such certi,ficatc ; and every sucl(.certificate being confirmed by Iier ISIajesty through one of Her Ma'esty's piincipal Seeretarim of State, or in such other manner as $r Majesty may be pleased to appoint, shall take effect by relation f@m the date thereof.

VIII. AND ^BE ENACTED, that su& certificate shall be cn-

2z-wb.a

rolled for safe custody, in the Registry Office of this Province, and may be inspected, and copies thereof *ken, under the like regu-

lations as in the crrse of other instrument8 so enrolled,

.

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IX.

AND BE IT

ENACTED,

that withih sixty day8 from the day m b * a m of the date of such certificate, ^, mery hfemorialist to whom rights

and capacities shall be glanted by such! certificate, shall take and subscribe the following Oath, that is to ^{S ~ Y -}

I.

I, A. B., do sincerely promise apd smear, that

I

w i l l be

"

faithful, and bear true allegiance to Her Majesty Queen Victoria,

and will defend her to the utmost o$ my power against all con-

'* spiracies and attempts whatever, which may be made against

' L her person, crown, or dignity ^; and I ^m% do my utmost endeavour

"

to cliisdosc mid n~allie known to TTer:' Alajcsty, Her Heirs and

"

successor^

all treasons and traitorous &iispirncies which may be

"

famed dgdnst her or t11em ; and I do:fiCtllfullp promise to main-

"

tain, support, and dcfeild, to the nt+ost of ^my power, tlie sue*

" cession of the C r o m , which successiod, by an Act,

intit~lled

" Act for the further limitation of the q;orun, and better ~encriny

"

rights and liberties

.of

the s u ~ ~ c t , ,:is, &nd stands limited to

" Princess Sophia, Electress of Ran the Heirs of

"

body, being Protestants, hereby ut uncing and

abP*g

"

any

obedimceor

@egiana,

unto

^a r peison

d h n g ~r

"pretending a

right to the Crown

o

Re&lm--So

help me

woa*,,

!

Which Oath

shall

be

n

and subscribed by and shall be duly adm red to him or her, be Commissioner of the S ^e Court, or before the Province, who shall g

her having _taken and certificate shall be si gistmr, before whom

Proceeding* for ob.

X.

AND ^{BE IT}

E

trirdog certiticate.

authorized to be

,

shall be regulated the Governor

s h d

to time direct,

Amount of faes to be

XI.

AND BE I

payable. the several pro

fied in the Sche

Natarnliaed persons

XII. AND

BE IT persons who

&alf

_have

rcsidaat yeerr m naturalized before the of this Orhance, and who

enjoy righu u Alien&

have residcd in thils ^five s~lccessive years,

shall

" deemed entitled to such rights and cqacitiear

British subjects ^as Aliens by the provisions this Ordinance.

XIII. PROVIDED ^{AND BE IT}

ENACTED,

that

Ordinance not tb

pre-ai*b this Ordinance or be construed to prejudice,

dghtr.

whether veated or eont executed by any rja before the

pawing

, from or under

before the p

e

Q r d j a m c r ~ t o t & e

XIV.

AND ^{BE I}

. ~ r i g b k o f U e ~ a be construed so as

''- capacity heretofore la residing in this P

I joyment of any re

1 ' shall continue to be

manner as such ri re enjoyed before

the

passing

I Ordinance,

c.

Women married to

XV. AND

^{BE IT}

aatutd-born rabjecta

p-d shall be married to lshall be deemed and

righte

and

privileg

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1

5

XVI. AND ^{BB 1T} ENACTED, that lhk drdinance shall not corn- Oldinance not totake effect U I l o d An.

nlcl~ce or take effect until the same shall have received the Royal , Approbation, and the notification of suchlapprobation shall

been made by the Governor in the South Australian Government I " d ;

.- g

1 9 m .

S S. d.

Fee on Certificate

... ...+. ...

^{0 10 6}

" Enrolment, same ^as in the case of other hstruments.

( L Oath

... ^: ...

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...

^{0 5 0}

"

Confirmation being notified

...

^.:S.

...

^{1 0 0}

FREDK.

d.

^{ROBE, g V j}

UeutenanbGovernor. ^I

2assed the Legislative Council thL twenty- ^' e@th day of Jub, One Thousand Eight

Hzcndred and Fortipsix.