« ForrigeFortsett »
Forging.—If any person shall wilfully make or transmit any false declaration, or shall wilfully forge, counterfeit, or alter, any declaration or certificate hereby directed, or shall obtain any such certificate under any other name or description than the true name and description of the alien intended to be named and described, without disclosing to the person granting such certificate the true name and description of such alien, or shall falsely pretend to be the person intended to be named and described in any such certificate, every person so offending shall, upon conviction thereof before two justices, either forfeit any sum not exceding 1001. or be imprisoned for any time not exceeding three calendar months, at the discretion of such justices. $ 9.
Prosecutions.--All offences against this Act shall be prosecuted within six calendar months after the offence committed ; and all such offences shall be prosecuted before two or more justices of the peace of the place where the offence shall be committed, who are required, in default of payment of any pecuniary penalty, to commit the offender to the common gaol for any time not exceeding one calendar month, unless the penalty shall be sooner paid, where such penalty shall not exceed 201., and forthwith to report to one of His Majesty's principal Secretaries of State, or to the chief Secretary for Ireland, as the case may require, the conviction of every offender under this Act, and the punishment to which he is adjudged ; and no writ of certiorari or of advocation or suspension shall be allowed to remove the proceedings of any justices touching the cases aforesaid, or to supersede or suspend execution or other proceeding thereupon. § 10.
Exemptions. Proof as to Alien.--Nothing in this Act shall affect any foreign ambassador or other public minister duly authorised, nor any domestic servant of any such foreign ambassador or public minister, registered as such according to law, or being actually attendant upon such ambassador or minister; nor any alien who shall have been continually residing within this realm for three years next before the passing of this Act, or who shall hereafter at any time complete such residence of three years, and who shall have obtained from one of His Majesty's principal Secretaries of State, or from the chief Secretary for Ireland, a certificate thereof; nor any alien, in respect of any act done or omitted to be done, who shall be under the age of fourteen years at the time when such act was so done or omitted to be done : provided always, that if any question shall arise whether any person alleged to be an alien, and to be subject to the provisions of this Act, is an alien or not, or is or is not subject to the provisions, the proof that such person is, or by law is to be deemed to be, a natural-born subject of His Majesty, or a denizen of this kingdom, or a naturalized subject, or that such person, if an alien, is not subject to the provisions of this Act, or any of them, by reason of any exception in this Act or otherwise, shall lie on the person so alleged to be an alien, and to be subject to the provisions of this Act.
Commencement.—This Act to commence from July 1, 1836.
Former Acts.--Such parts of the Acts 12 & 13 W. 3, c. 2; 1 G. I Sess. 2, c. 4, and 14 G. 3, c. 84, as are inconsistent with the provisions of this Act shalt be repealed. 7 & 8 Vict. c. 66, § 1. (Aug. 6, 1844.]
Restrictions to cease.—So much of the said Act of 1 G. 1, as provides, that no person shall hereafter be naturalized unless in the Bill exhibited for that purpose there shall be a clause or particular words inserted to declare that such person shall not thereby be enabled to be of the Privy Council, or a member of either House of Parliament, or to take any office either civil or military, or to have any grant of lands, tenements, or hereditaments from the Crown to himself or any
other person in trust for him, and that no Bill of Naturalization shall hereafter be received in either House of Parliament unless such clause or words first inserted, be repealed. $2.
Persons born of a British Mother.- Every person now born, or hereafter to be born, out of Her Majesty's dominions, of a mother being a natural-born subject of the United Kingdom, shall be capable of taking to him, his heirs, executors, or administrators, any estate, real or personal, by devise or purchase, or inheritance of successsion. $ 3.
How Alien Friends may hold Personal Property. Every, alien, being subject of a friendly state, shall and may take and hold, by purchase, gift, bequest, representation, or otherwise, every species of personal property, except chattels real, as fully and with the same rights, remedies, exemption, privileges, and capacities, as if he were a naturalborn subject of the United Kingdom. $ 4.
How Subjects of a friendly State may hold Lands, &c.—Every alien now residing in or who shall hereafter come to reside in any part of the United Kingdom, and being the subject of a friendly state may, by grant, lease, demise, assignment, bequest, representation, or otherwise, 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 servants, or for the purpose of any business, trade, or manufacture, for any term of years not exceeding twenty-one years, as fully, and with the same rights, remedies, exemptions, and privileges, except the right to vote at elections for members of parliament, as if he were a naturalborn subject of the United Kingdom. $5.
How Aliens to become Naturalized.—Upon obtaining the certificate and taking the oath hereinafter prescribed every alien now residing in, or who shall hereafter come to reside in, any part of Great Britain or Ireland with intent to settle therein, shall enjoy all the rights and capacities which a natural-born subject of the United Kingdom can enjoy or transmit, except that such alien shall not be capable of becoming of Her Majesty's Privy Council, nor a member of either House of Parliament, nor of enjoying such other rights and capacities, if any, as shall be specially excepted in and by the certificate to be granted in manner hereinafter mentioned. $ 6.
How Aliens desirous of becoming Naturalized to act.-It shall be lawful for any such alien to present to one of Her Majesty's principal Secretaries of State, a memorial, stating the age, profession, trade, or other occupation of the memorialist and the duration of his residence in Great Britain or Ireland, and all other the grounds on which he seeks to obtain any of the rights and capacities of a natural-born British subject, and praying the Secretary of State to grant to the memorialist the certificate hereinafter mentioned. $ 7.
Grant of Rights.—Every such memorial shall be considered by the Secretary of State, who shall inquire into the circumstances of each case, and receive all such evidence as shall be offered, by affidavit or otherwise, as he may deem necessary or proper for proving the truth of the allegations contained in such memorial ; and the said Secretary of State, if he shall so think fit, may issue a certificate, reciting such of the contents of the memorial as he shall consider to be true and material, and granting to the memorialist (upon his taking the oath hereinafter prescribed) all the rights and capacities of a natural-born British subject, except the capacity of being a member of the Privy Council, or a member of either House of Parliament, and except the rights and capacities (if any) specially excepted in and by such certificate. $ 8. Certificate to be Enrolled.-Such certificate shall be enrolled for safe
custody as of record in Her Majesty's High Court of Chancery, and may be inspected, and copies thereof taken, under such regulations as the Lord High Chancellor shall direct. $ 9.
Oath.--Within sixty days from the day of the date of such certificate, every memorialist to whom rights and capacities shall be granted by such certificate shall take and subscribe the following oath, viz. :-“I, A. B., do sincerely promise and swear, that I will be faithful and bear
“true allegiance to Her Majesty Queen Victoria, and will defend her to “the utmost of my power against all conspiracies and attempts whatever “ which may be made against Her person, crown, or dignity; and I will “ do my utmost endeavour to disclose and make known to Her Majesty, “her heirs, and succcessors, all treasons and traitorous conspiracies “which may be formed against her or them; and I do faithfully pro“mise to maintain, support, and defend to the utmost of my power the “ succession of the crown, which succession, by an Act, intituled An Act " for the further Limitation of the Crown, and better securing the Rights “and Liberties of the Subject, is and stands limited to the Princess
Sophia, Electress of Hanover, and the heirs of her body, being Pro"testants, hereby utterly renouncing and abjuring any obedience or “allegiance unto any other person claiming or pretending a right to the crown of this realm.
“SO HELP ME GOD." Which oath shall be taken and subscribed by such memorialist, and shall be duly administered to him or her, before any of Her Majesty's judges of the Court of Queen's Bench, or Court of Common Pleas, or Court of Exchequer, or before any master or master extraordinary in Chancery; and the judge or master or master extraordinary in Chancery, whether in England or in Ireleland, before whom such oath may be administered, shall grant to the memorialist a certificate of his or her having taken and subscribed such oath accordingly; and such certificate shall be signed by the judge, master or master extraordinary in Chancery, before whom such oath shall be administered. $ 10.
Regulation of Proceedings. The several proceedings hereby authorised to be taken for obtaining such certificate shall be regulated in such manner as the Secretary of State shall from time to time direct. § 11.
Fees. The fees payable in respect of the several proceedings hereby authorised shall be fixed and regulated by the Commissioners of Her Majesty's Treasury. $ 12.
Naturalized Persons.-All persons who shall have been naturalized before the passing of this Act, and who shall have resided in the United Kingdom during five successive years, shall be deemed entitled to and shall enjoy all such rights and capacities of British subjects as may be conferred on aliens by the provisions of this Act. § 13.
Pre-existing Rights.—Nothing in this Act shall prejudice, or be construed to prejudice, any rights or interests in law or in equity, whether vested or contingent, under any will, deed, or settlement executed by any natural-born subject of Great Britain or Ireland before the passing of this Act, or under any descent or representation from or under any such natural-born subject who shall have died before the passing of this Act. § 14.
Not to take away Rights.- Nothing herein shall be construed so as to take away or diminish any right, privilege, or capacity heretofore lawfully possessed by or belonging to aliens residing in Great Britain or Ireland, so far as relates to the possession or enjoyment of any real or personal property, but all such rights shall continue to be enjoyed by such aliens in as full and ample a manner as such rights were enjoyed before the passing of this Act.
$ 15. Married Women.-Any woman married or who shall be married to a natural-born subject or person naturalized shall be deemed to be herself naturalized, and have all the rights and privileges of a naturalborn subject. § 16.
AGENTS, BROKERS, AND FACTORS.
It is required in stewards that a man be found faithful.-1 Cor. iv, 2.
Much evil would be avoided, if parties were accustomed to exact from their agents accounts at stated periods of the funds intrusted to their care. Rigid caution begets accuracy, as carelessness provokes laxity, negligence, and prodigality. No body of men ought to tempt the moral principle of one man by unhesitating confidence or dilatory examination. Every agent will be both honest and exact, when he knows that he is amenable to the strict supervision of his principals; but the most honest man may slide into slovenly inaccuracy or lazy procrastination, when he has reason to doubt the diligence, the energy, or the caution of his employers. There are some things which may be effected by the hands of an agent-for other services a man cannot trust any hands but his own.-Ed.
Ports, &c.—The Commissioners of the Treasury may by their warrant appoint and declare in what ports in the United Kingdom persons acting as agents in the entry or clearance of any ships, or of any goods or baggage, or any business relating thereto, shall be required to be duly licensed for that purpose, and may from time to time revoke such warrants or appointments, and make others in lieu thereof, when and as they may see fit; and such warrants, if they relate to ports in Great Britain, shall be published in the London Gazette, if to ports in Ireland in the Dublin Gazette, and if to ports in Great Britain and Ireland in both those Gazettes : provided that the appointments already made as to London, Dublin, Dover, Folkestone, Southampton, and Shoreham shall continue as if such appointments had been made under this Act, until the same shall be revoked. 16 & 17 Vict. c. 107, $ 15. (August 20, 1853.]
How and to whom Licenses may be granted.—The Commissioners of Customs are hereby authorized to grant licences, in such form and manner and to such persons as they shall think fit, to act as agents for transacting business which shall relate to the entry or clearance of any ship, or of any goods or of any baggage, in any of the ports in respect of which such appointments now are or hereafter shall be made, so long as such appointments shall remain in force, and, by order under their hands, may cancel or revoke any licence so granted for fraud or misconduct ; a copy of such order stating the cause of dismissal shall be delivered to such person, or to his clerk, or left at his usual place of abode or business, but such person shall be at liberty to appeal to the Commissioners of Customs for an investigation and reconsideration of the case ; and if no such appeal be made within three days after the delivery of a copy of such order, or if such order shall be confirmed, such licence shall be void ; and the Commissioners of Customs op granting any such licence are hereby empowered to require bond to be given by every person to whom such licence shall be granted (not being one of the sworn brokers of the City of London, and acting as such agent in the port of London), with one sufficient surety, in the sum of 1,0001., for the faithful and incorrupt conduct of such person and of his clerks, acting for him, both as regards the customs and his employers; and all licences heretofore granted by the
Commissioners of Customs to any persons to act as agents shall be valid until revoked, and all bonds taken for the faithful and incorrupt conduct of such persons shall remain in full force : provided always, that any person, in co-partnership, may, with the approval of the Commissioners of Customs, appoint a clerk or servant to transact such business on his behalf, and the name, residence, and date of appointment of such clerk or servant shall thereupon be endorsed on the licence of such person, and shall be signed by him in the presence of and attested by the collector or comptroller of customs at the port for which such licence is granted, and all such appointments shall be recorded in a register to be kept at the Custom House for that purpose ; and no person shall act as such clerk or servant unless so appointed, endorsed, and recorded, nor act for or on behalf of any other than the person so appointing him ; and every such appointment may be revoked by the Commissioners of Customs at any time, by order under their hands. $ 16. (August 20, 1853.]
In what Ports, and by whom, Goods may be water-borne-Licence. The Commissioners of Customs may order in what ports in the United Kingdom goods cleared for drawback or from the warehouse shall be carried or water-borne to be put on board any ship for exportation, or goods carried or water-borne from any importing ship to, or to be landed at any wharf, quay, or other place, shall be so carried or water-borne only, by persons authorized for that purpose by licence under the hands of the Commissioners of Customs, and may revoke any such orders, or make others in lieu thereof, when and as they may deem expedient; and the Commissioners of Customs may grant such licences in such form and manner and to such persons as they may deem
proper, and may revoke the same when and as they shall think fit; and before granting any such licence the commissioners may require such security by bond for the faithful and incorrupt conduct of such person as they shall deem necessary; and all such licences in force at the time of the commencement of this Act shall continue in force as if the same had been granted under the authority of this Act. $ 17.
Agents without Licence.-If at any port where persons acting as agents for transacting any business relating to the clearance of any ship or goods or baggage shall be required to be licensed, any person not so licensed, or not being the duly appointed clerk to any person so licensed, shall act as such agent or clerk, or if any person, whether so licensed or appointed or not, shall make entry of any goods without being duly authorized for that purpose by the proprietor or consignee of such goods, every such person shall for every such offence forfeit 201. ; but no such penalty shail extend to any person acting under the directions of the several dock companies, or to any person otherwise authorized by law to pass entries, nor to any merchant, importer, or consignee of goods, acting himself in respect thereof, or any clerk or servant exclusively employed by him or by any such persons in copartnership. $ 61.
Written Authority. Whenever any person shall make application to any officer of customs to transact business on behalf of any other person, such officer may require of the person so applying to produce a written authority from the person on whose behalf such application shall be made, and in default of the production of such authority refuse to transact such business. $ 62.
Lightermen.—If goods cleared for drawback or from the warehouse be carried or water-borne to be put on board any ship for exportation by any person not at the time duly licensed and authorized to act as a