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act; which certificate of naturalization may be in the following form, or to the like effect, that is to say:
Whereas A. B., of, &c. (describing him or her as formerly of such a place in this province, and adding his or her aildition) bath complied with the several requirements of a certain act of the parliament of this province passed in the
year of the reign of her Majesty Queen Victoria, intituled, • An Act," (insert the title of this act) and the certificate thereof had been this day read in open court, and thereupon, by order of the said court, duly filed of record in the same, pursuant to the directions of the said act; these are therefore to certify to all whom it may concern, that under and by virtue of the said act, the said A. B., hath obtained all the rights and capacities of a Datural born British subject within this province, to have, hold, possess and enjoy the same within the limits thereof, upon, from, and after the
(the day of filing the certificate of residence) in the year of our Lord, one thousand eight hundred
and this certificate, therefore, is hereby granted to the said A. B., according to the form of the statute in such cases made and provided. Giren under my hand and the seal of the said court, this day of
in the year of our Lord, one thousand eight hundred and
Clerk of the Peace, (or, Clerk of the Recorder's Court, or Clerk of the Circuit Court, as the case may be.)
§ 8. that a copy of the said certificate of naturalization may, at the option of the party, be entered and registered in the registry office of any county or division of a county within this province, and a certified copy of such registry shall be sufficient evidence of such naturalization in all courts and places whatsoever.
$ 9. Provided always, and be it enacted, that it shall be lawful for any alien entitled to be naturalized under the provisions of the second or of the third section of this act, to take the oaths or affirmations of residence and of allegiance, and to obtain certificates as aforesaid in the same manner as
aliens entitled to be naturalized under the provisions of the fourth section of this act only, with the same effect to all intents and purposes.
§ 10. That any woman married, or who shall be married to a natural born British subject, or person naturalized under the authority of this, or any other, or former act either of this province or either of the late provinces of Lower or Upper Canada, shall be deemed and taken to be herself naturalized, and to have all the rights and privileges of a natural born British subject.
§ 11. That the said justice of the peace, or other person as aforesaid, for adıninistering the oath or Oaths or affirmation or affirmations above mentioned, shall be entitled to recover and receive from the person to whom the same may be administered, the sum of one shilling and three pence, and no more; and that the clerk of the peace or clerk of the recorder's court, or clerk of the circuit court shall, for reading and filing the certificate of residence, and preparing and issuing the certificate of naturalization under seal of the court, be entitled to recover and receive from such person, the sum of one shilling and three pence, and no more ; and that the registrar of the county, shall, for recording the said last mentioned certificate, be entitled to recover and receive from such person, the sum of one shilling and three pence, and a further sum of one shilling and three pence for every search and certified copy of the same, and no inore.
$ 12. That from and after the passing of this act, every alion shall have the same capacity to take, hold, possess, enjoy, claim, recover, convey, devise, impart and transmit real estate in all parts of this province, as natural born subjects of her Majesty, in the same parts thereof respectively; provided always, that nothing herein contained shall alter, impair, or affect, or be construed to alter, impair, or affect in any manner or way whatsoever, any right or title legally vested in or acquired by any person or persons whomsoever previous to, or at the time of the passing of this act.
$ 13. Provided always, and it is hereby declared, that the privileges of naturalization imparted by his act to the several classes of persons herein mentioned, are imparted to such persons respectively, on the respective terms and conditions herein stated and set forth, and to be by such persons exercised and enjoyed within the limits of this province, according to the true intent and meaning of an act passed in the parliament of the United Kingdom of Great Britain and
Ireland, in the tenth and eleventh years of her Majesty's reign, and intituled, An Act of Naturalization of Aliens.
§ 14. That nothing in this act contained shall be taken to repeal or in any manner affect or interfere with a certain act of the legislature of Upper Canada, passed in the fifty-fourth year of the reign of his late Majesty King George the Third, intituled An Act to declare certain persons therein described Aliens, and to vest their estates in his Majesty, or any procedings had under the said act.
§ 15. That any person who shall wilfully swear falsely or make any false affirmation under the authority of this act, before any justice of the peace, or before any person having ex officio the power and authority of a justice of the peace, as aforesaid, shall be deemed guilty of wilful and corrupt perjury, and every such person shall, on conviction thereof, in addition to any other punishment authorised by law, forfeit all the privileges and advantages which he or she would otherwise by making such oath or affirmation have been entitled to under this act, but the rights of others in respect to estates derived from, or held under him or her, shall not thereby be prejudiced, excepting always such others as shall have been cognizant of the perjury at the time the title by which they claim to hold under him or her was created.
ALLEGIANCE. Allegiance is the tie which binds the subject to the king, in return for the protection which the king affords the subject.—1 Bl. Com. 396. And there is an implied, original and virtual allegiance owing from every subject to his sovereign, although the subject never swore any oath or allegiance in due form-2 Inst. 121; 1 Bl. Com. 368—which, upon the death of the king in actual possession of the crown, is due to his heir and successor before his coronation-3 Inst. 7; 1 Hale, 61, 102; 1 Haw., c. 17, § 19.
Allegiance is of two sorts, the one natural, and the other local ; the former being perpetual, the latter only temporary.
Natural allegiance is such as is due from all men born within the king's dominions immediately upon their birth; and this cannot be forfeited, cancelled or altered by any change of time, place or circumstance, nor by any thing but the united concurrence of the legislature.-1 Bl. Com. 359; 2 P. Wm. 124; 1 Hale, 68, 96 ; Fost. 7.
Local allegiance is such as is due from an alien or stranger born, for so long a time as he continues within the king's dominions and protection; and this ceases the instant such stranger transfers himself from this kingdom to another._1 Bl. Com. 370.
Oath of Allegiance. I, A.B., do sincerely promise and swear, 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 this province dependant on and belonging to the said kingdom, and that I will defend her to the utmost of my power against all traitorous conspiracies or attempts whatever which shall be made against her person, crown and dignity; and I will do my utmost endeavour to disclose and make known to her Majesty, her heirs or successors, all treasons or traitorous conspiracies and attempts which I shall know to be against her, or any of them; and all this I do swear, without any equivocation, mental evasion, or secret reservation, and renouncing all pardons and dispensa:ions from any person or power whatsoever to the contrary-So help me God.
By 13 & 14 V. c. 18, § 3, it is enacted that the above form of oath and no other shall be that of the oath of allegiance to be administered to and taken by all persons in this province who, either of their own accord or in compliance with any lawful requirements made on them to take the oath of allegiance to her Majesty, or in obedience to any statute, shall be willing or desirous to take the same; and the power to tender or administer such oath is hereby declared to be vested in all magistrates and other officers now lawful authorised, or hereafter to be lawfully authorised, either by virtue of their office or by special commission from the crown for that purpose, to administer the oath of allegiance in this province or any part thereof.
AMENDMENT. * By 1 Wm. IV. c. 2, it is enacted, that any judge of any court of oyer and terminer and general gaol delivery, (if such court or judge shall think fit) may cause the record on which any trial may be pending before any such court, in any indictment or information for any misdemeanor, when any variance shall appear between any matter in writing or in print produced in evidence and the recital or setting forth thereof upon the trial is pending, to be forthwith amended in such particular by some officer of the court.. See also title “ Indictment."
AMNESTY. By 12 V. c. 13, a free pardon is granted to all persons in regard to the rebellion in 1837 and 1838; and by $ 2, all lands and tenements, goods and chattels, forfeited to the crown, are restored to the offender, excepting those actually seized and sold under lawful authority, in consequence of any such forfeiture or attainder, by any public officer or minister of justice; and by the same clause, corruption of blood, and forfeiture wrought by such attainder, are taken away.
ANATOMY. By 7 V. c. 5, entitled “An Act to regulate and facilitate the Study of Anatomy," § 1. Enacts that the bodies of persons found dead publicly exposed, or who immediately before their death shall have been supported in and by any public institution receiving aid from the provincial government shall be delivered up as hereinafter mentioned, unless the person 80 dying shall otherwise direct: or unless such bodies be claimed by bonâ fide friends or relations for interment. § 2. Persons qualified to receive such unclaimed bodies shall be public teachers of anatomy or surgery, or private medical practitioners having three or more pupils. But any public medical school in the locality to have a preferable claim. $3. The Governor authorised to appoint inspectors of anatomy in certain places. $ 4. Their duties. $25. The coroner presiding at the inquest on any body found publicly exposed and unclaimed shall notify the local inspector of anatomy if there be one, otherwise cause the body to be interred as heretofore. $6. Superintendents of public institutions shall notify in like manner such inspector of anatomy. § 7. A register to be kept by such superintendents of the bodies so delivered up. $ 8. Emoluments of the inspectors fixed. $ 9. Medical practitioners availing themselves of this act to give security for the decent interment of the remains.
By 20 V. c. 28, § 30, bodies of convicts in the penitentiary and unclaimed may be delivered up to the inspector of anatomy.
APPEAL. Formerly, an appeal against a conviction lay in cases only where it was expressly given by statute; but the law in this respect has been altered, and now appeal lies in all cases, under the 13 & 14 V. c. 54, which enacts as follows, viz:
That from and after the passing of this act, any person, complaint or respondent who shall think himself aggrieved by any conviction or decision before any one or more justices of the peace, mayor or police magistrate, in any matter cognizable by them, not being a crime, may appeal at the next court of general