may admit of; also to found schools or colleges for mechanics, and to employ competent persons to lecture: and said boards shall keep records of their transactions and publish the same. § 28. Said Board of Arts, &c., authorised to make by-laws, copies of the same to be transmitted to the Bureau of Agriculture. § 29. Said Board of Arts, &c., to meet at Toronto and Montreal, four times a year, viz., on the first Tuesday in January, April, July and October, provided the same be not a holiday, in such case the next day thereafter. Special meetings may be called by the president, or in his absence the vice-president, whenever he may deem it necessary, or upon the requisition of any ten members, in the interval between any two quarterly meetings, upon seven clear days' notice to be given by the secretary of the board. § 30. Each board at its quarterly meeting in January each year, to elect a president, vice-president, and a secretary and treasurer for the ensuing year, appoint a sub-committee of not less than five nor more than nine of their number for the management of affairs. The president and vice-president to be ex officio members of such sub-committee, and a majority to be a quorum.

AGRICULTURAL ASSOCIATIONS.

§ 31. The members of the Boards of Agriculture and of the Boards of Arts and Manufactures, the presidents and vicepresidents of all lawfully organised county Agricultural Societies, and of all Horticultural Societies, and all subscribers of five shillings annually, shall constitute an agricultural association for that section. § 32. Members of the Board of Agriculture, and of the Board of Arts and Manufactures, and the president and vice-presidents of county societies and Horticultural Societies (or any two members appointed directors instead of its president and vice-president) shall be the directors of such agricultural associations and may elect a [For conclusion see page 861.]

ALE-HOUSES.

The power of licensing houses of this description was formerly vested in justices of the peace, but is now vested in the municipal authorities, who are by law authorised to make by-laws regulating the same, and imposing duties, &c.

ALIENS.

An alien is one, generally speaking, who is born in a foreign country out of the allegiance of the king.-4 Bl. Com. 342.

But by 7 Ann, c. 5; 5 G. II. c. 21; and 13 G. III. c. 21, all children born out of the king's legiance whose fathers or grandfathers by the father's side were naturalborn subjects, are deemed to be natural-born subjects themselves, to all intents and purposes; unless their said ancestors were attainted or banished beyond the sea for high treason; or were, at the birth of such children, in the service of a prince at enmity with Great Britain.

The children of aliens born in the king's dominions, are natural-born subjects, unless the alien parents are acting in the realm as enemies; for it is not cælum nec solum which gives them the rights of Englishmen, but their being born within the allegiance and under the protection of the king. -7 Co. 18 A.; 1 Bl. Com. 374.

When an alien is indicted for any crime, the jury should be one half foreigners, if so many are found in the place; but this privilege does not hold in treason, since aliens are holden to be not the proper judges of what is the breach of the allegiance due to a British Sovereign.-4 Bl. Com. 352.

An alien residing in this country, may be indicted for high treason, if he aid even his own countrymen in acts of hostility to this kingdom.-1 Haw. c. 17, § 5; Fost. 185.; Salk. 46; 2 Ld. Ray, 282; East. P. C. 53.

A conveyance in fee to an alien is not void, but he holds for the benefit of the crown, and is entitled, as against all others, until the land is seized into the hands of the Queen on office found; and if a subject be a trustee for an alien, he has the legal estate and the Queen is entitled to the profits; and a person claiming through an alien may have the benefit of the crown; and semble, a person claiming lands under a sheriff's deed sold at the suit of an alien, is entitled to recover in ejectment, notwithstanding stat. 5, G. II., it being necessary to take the objection of alienage, if available at all, before execution.-Cameron's Digest, p. 5.

A person who was born in the United States before the revolution, and has continued to reside there since, is an alien, and cannot maintain an ejectment in this country.-1b.

Various provincial statutes (a), have been from time to passed in favour of aliens domiciled in this province, but as these statutes were limited in their operation with respect to time, it has been deemed expedient by the legislature to pass a general law on the subject, under which aliens now coming into the province, and complying with the requisitions of the

(a) 9 G. IV., c. 21; 1 W. IV., c. 7: 2 W. IV., c. 7; 2 V., c. 20; 4 V., 7; 10, 11 V., c. 112.

act may acquire the rights and privileges of British born. subjects.

The statute referred to is the 12 V. c. 197 (a reserved act passed the 3rd May, 1849, the royal assent being given thereto the 6th October, 1849, and proclaimed the 23rd November, 1849.)

By this statute, the former act 8 V. c. 107, (in the act called the 9 V. c. 149,) is repealed.

§ 2 enacts, that all aliens who had their settled place of abode in either of the late provinces of Lower or Upper Canada, before the tenth day of February, in the year of our Lord, one thousand eight hundred and forty-one, and who are still resident in this province, shall be, and are hereby admitted to, and confirmed in all the privileges of British birth, and shall be deemed, adjudged, and taken to be, and to have been natural-born subjects of her Majesty, to all intents and purposes whatsoever, as if they and every of them had been born in this province, and that the children or more remote descendants of every such person who may be dead, shall be and are hereby admitted to the same privileges which such parents or ancestors, if living, could claim under this act: provided always, nevertheless, that none of such persons (except females) who have not taken the oath or affirmation of allegiance before some of her Majesty's justices of the peace or other person duly authorised by law to administer the same, shall be entitled to the benefit of this act unless they shall take such oath or affirmation before such justice or other person as aforesaid.

§ 3. That all aliens who had their settled place of abode in this province, on the tenth day of February, in the year of our Lord, one thousand eight hundred and forty-eight, not being of either of the descriptions of persons before mentioned, who shall have resided or shall continue to reside therein or in some other part of her Majesty's dominions, until they shall have been resident inhabitants thereof for the space of seven years continually, without having been during that time stated residents in any foreign country, shall be, and are hereby admitted to all the privileges of British birth, and shall be deemed, adjudged, and taken to be and to have been natural-born subjects of her Majesty to all intents and purposes whatsoever, as if they and every of them had been born in this province provided always, nevertheless, that none of the persons described in this clause (except females), who have not taken the oath or affirmation of allegiance before some of her Majesty's justices of the peace, or other

person duly authorised by law to administer the same, shall be entitled to the benefit of this act, unless they shall take such oath or affirmation before such justice of the peace or other person as aforesaid.

§ 4. That every alien now residing in, or who shall hereafter come to reside in, any part of this province, with intent to settle therein, who, after a continued residence therein for a period of seven years or upwards, shall take the oaths or affirmations of residence and allegiance (or the oath of affirmation of residence only if a female) and procure the same to be filed of record as hereinafter prescribed, so as to entitle him or her to a certificate of naturalization as hereinafter provided, shall thenceforth enjoy and may transmit all the rights and capacities which a natural-born subject of her Majesty can enjoy or transmit.

5. That every such alien shall take and subscribe the following oath of residence, or being one of those persons who are allowed by the laws of this province to affirm in judicial cases, shall make affirmation to the same effect, that is to say:

Oath of Residence.

"I, A. B., do swear (or being one of the persons allowed by law to affirm in judicial cases, do affirm) that I have resided seven years in this province, with intent to settle therein, without having been during that time a stated resident in any foreign country. So help me God."

And every such alien being a male shall also take and subscribe the following oath of allegiance, or being one of those persons who arc allowed by the laws of this province to affirm in judicial cases, shall make affirmation to the same effect,. that is to say:

Oath of Allegiance.

"I, A. B., do sincerely promise and swear (or, being one of the persons allowed by law to affirm in judicial cases, do affirm) that I will be faithful and bear true allegiance to her Majesty Queen Victoria, as lawful Sovereign of the United Kingdom of Great Britain and Ireland, and of the Province of Canada, dependent on, and belonging to the said United Kingdom, and I will defend her to the utmost of my power against all traitorous conspiracies and attempts whatever which shall be made against her person, crown and dignity; and that I will do my utmost endeavour to disclose and make known to her Majesty, her heirs and successors, all treasons and traitorous conspiracies and attempts which I shall know to be against her or any of them; and all this I do swear without any equivoca

tion, mental evasion, or secret reservation, and renouncing all pardons and dispensations from any person or persons whatever to the contrary. So help me God.

Which oath or oaths, or affirmation or affirmations, shall be taken and subscribed by the said alien, and shall be duly administered to him or her, by or before any justice of the peace or any person having ex officio the power and authority of a justice of the peace within the city, town, parish, village or township in which the said alien may reside, which said justice of the peace or person having such power as aforesaid, shall thereupon grant unto the said alien a certificate of residence, setting forth that such alien has taken and subscribed the said oath or oaths, or affirmation or affirmations, and (if the fact is so) that such justice or person having such power as aforesaid, has every reason to believe that such alien had been so resident within the province for a period of seven years or upwards; that he or she is a person of good character, and that there exists to the knowledge of such justice or person having such power as aforesaid, no reason why the said alien should not be granted all the rights and capacities of a natural-born British subject.

§ 6. That it shall be lawful for the said alien to present the certificate of residence from the said justice of the peace, or other person as aforesaid, to the court of quarter sessions of the peace, or the recorder's court of the district, county or city within the jurisdiction of which he shall reside in Upper Canada, or to the circuit court in and for the circuit within which he shall reside in Lower Canada, in open court, on the first day of some general sitting thereof, and it shall thereupon be the duty of such court to cause the same to be openly read in such court; and thereupon, if in the interval the facts mentioned in the said certificate of residence shall not be controverted, or any other valid. objection made to the naturalization of such alien, it shall and may be lawful for such court, on the last day of such general sitting, to direct that such certificate of residence shall be filed of recor in the said court, and thereupon such alien shall be thereby admitted and confirmed in all the rights and privileges of British birth, to all intents, constructions and purposes whatsoever, as if he or she had been born. within this province.

§ 7. That every such person shall be thenceforth entitled to receive a certificate of naturalization under the seal of such court and the signature of the clerk thereof, that he or she hath complied with the several requirements of this