act 030 of 1852 : Naturalization Act, 1852 [Repealed]

Naturalization Act, 1852 [Repealed]

ACTNO. 30 OF 1852
07 April, 1853
Repealed by Act 7 of 1926
Passed by the Governor General of India in Council, on the 16th July 1852.
An Act for the Naturalization of Aliens.

Whereas it is expedient to provide for the Naturalization of Aliens resident in the Territories under the Government of the East India Company. It is enacted as follows:

Section 1.

1. Any person whilst actually residing in any part of the Territories under the Government of the East India Company may present a memorial to Government, praying that the privileges of Naturalization may be conferred upon him.

Section 2.

2. Such memorial shall state to the best of the knowledge and belief of the memorialist, his age, place of birth, place of residence, profession, trade or occupation, the length of time during which he has resided within the said Territories, that he is settled in the said Territories, or is residing within the same with intent to settle therein, and any other particulars which the Government may require to be stated therein, and such memorial shall be in writing and signed by the memorialist, and accompanied by an affidavit sworn by him, verifying the truth of the statements contained therein.

Section 3.

3. The memorial shall be considered by the Government to whom it shall be presented, who shall inquire into the circumstances of the case, and may require such evidence either by affidavit or otherwise as they may deem proper, in addition to the before-mentioned affidavit of the memorialist, to prove the truth of the statements contained in such memorial.

Section 4.

4. The Government may, if they shall think fit, issue a certificate in writing reciting such of the contents of the memorial as they may consider to be true and material, and granting to the memorialist all the rights, privileges and capacities of Naturalization under this Act, except such rights, privileges or capacities, if any, as may be specially excepted in such certificate.

Section 5.

5. The certificate shall be delivered to the memorialist; and a copy off duplicate thereof, together with the memorial upon which the same shall he obtained, and any Affidavit which may accompany such memorial or be produced in support thereof, shall be filed by the Secretary to the Government, or such other Officer as the Government may direct; and such Secretary or Officer shall keep an alphabetical list of all persons who may be naturalized by such Government.

Section 6.

6. If any material statement contained in such memorial shall be false, the Government may, if they think fit, by an order in writing, declare the certificate issued upon such memorial to be null and void to all intents and purposes, except such purposes, if any, as may be specially excepted in such order; and from and after such order all the rights, privileges and capacities derived through such certificate shall cease to exist.

Section 7.

7. Such fees shall be payable in respect of the proceedings hereby authorized as shall be fixed by the Government.

Section 8.

8. Upon obtaining such certificate, and taking and Subscribing the oath as hereinafter prescribed, the memorialist shall within the said Territories under the Government of the East India Company be deemed a natural born subject of Her Majesty as if he had been born within the said Territories, and shall be entitled within the said Territories to all the rights, privileges and capacities of a subject of Her Majesty born within the said Territories, except such rights, privileges and capacities, if any, as may be specially excepted in such certificate.

Section 9.

9. Nothing in this Act contained shall be construed so as to deprive the Courts of the East India Company of jurisdiction over any such naturalized person, or to give to the Courts of Her Majesty any jurisdiction over any such person not otherwise subject to such jurisdiction.

Section 10.

10. Within sixty days from the day of the date of such certificate the memorialist named in such certificate shall take and subscribe the oath contained in the Schedule annexed to this Act.

Section 11.

11. Such oath, as well as any other oath or affidavit required by this Act, may be administered by any Magistrate or Justice of the Peace within the limits of his jurisdiction, or by any other person to be appointed for that purpose by Government, and the person who shall administer the oath mentioned in the Schedule to this Act annexed shall grant to the memorialist a certificate in writing of his having taken and subscribed such oath, and of the date of his taking and subscribing the same, and shall forward to the Government the oath so taken and subscribed together with a duplicate of such certificate, which oath and duplicate certificate shall be filed and kept with the memorial.

Section 12.

12. The word Government in this Act shall be deemed to mean the person or persons for the time being lawfully entitled to administer the executive Government in that part of the said Territories in which the memorialist, shall reside at the time of presenting such memorial. The word Magistrate shall include any person lawfully exercising the powers of a Magistrate, and words denoting the masculine gender shall include the feminine.

Section 13.

13. In every case in which the word oath or affidavit is used in this Act, an affirmation to the same effect as the oath or affidavit required shall be sufficient in cases where the person required to make such oath or affidavit shall be a person allowed by law to affirm in civil cases, and in every such case such affirmation shall be made before the person authorized to administer the oath, and the word oath or affidavit wherever used in this Act shall include such affirmation.

SCHEDULE.
Oath.

I., A.B., of (here state the description of the party) do swear (or being one of the persons allowed by law to affirm in civil cases, do affirm,) that I will be faithful and bear true allegiance to the Sovereign of the United Kingdom of Great Britain and Ireland, and of these Territories as dependent thereon, and that I will be true and faithful to the East India Company.

(Signed) A.B.