3. The words "Provided, also, that no hiring or contract for service of any such immigrant shall be taken to be a contract for more than one month certain from the time of entering into service, any express or implied agreement to the contrary notwithstanding," at the end of Section 117 of the Immigration Ordinance, 1891, are hereby repealed.

4.—(1) When a male and female immigrant have cohabited together, without having been married, and one of them dies intestate during the period of cohabitation, and the estate of the one so dying is administered by the Official Receiver under the provisions of the Immigration Ordinance, 1891, Amendment Ordinance, 1905, it shall be lawful for the Official Receiver to assign to the survivor for his or her absolute use and benefit such share, not exceeding one-half, of all the property, movable and immovable, belonging to the estate of the deceased immigrant which has been acquired by their joint earnings, or to the acquisition of which the survivor has contributed, as, after due inquiry and consideration, may appear just.

(2) Every decision under the last preceding sub-section shall be final, and the Official Receiver shall have full power and authority to do all things necessary, including the power to transport immovable property, for placing such survivor in possession of the share of such property so assigned.

ACT of the Government of Canada respecting Naturalization and Aliens.*

[Chapter 77.]

Short Title.

[R.S., 1906.]

1. This Act may be cited as the Naturalization Act. (R.S., c. 113, s. 1.)

Interpretation.

2. In this Act, unless the context otherwise requires,(a) "Disability means the disability of being an infant, lunatic, idiot, or married woman;

(b) "Officer in the diplomatic service of His Majesty" means an ambassador, minister, chargé d'affaires, secretary of legation, or any person appointed by such ambassador, minister, chargé d'affaires, or secretary of legation, to execute any duty imposed upon an officer in the diplomatic service of His Majesty by the Naturalization Act, 1870,† passed by the Parliament of the United Kingdom;

(c) "Officer in the consular service of His Majesty means and includes consul-general, consul, vice-consul or consular * Amended by Act of 1907, page 654. † Vol. LX, page 267.

agent, and any person for the time being discharging the duties of consul-general, consul, vice-consul or consular agent;

(d) "County" includes à union of counties and a judicial district or other judicial division;

(e) "Alien" includes a statutory alien;

(f) "Statutory alien" means a natural born British subject who has become an alien under this Act or any Act in that behalf;

(g) "Subject" includes a citizen, when the foreign country referred to is a republic;

(h) "Form" means a form in the Schedule to this Act. (R.S., c. 113, s. 2.)

3. For the purposes of this Act the Clerk of the Peace of any county in Ontario shall be deemed to be the "clerk " of the General Sessions of the Peace of that County, and the prothonotary of the Supreme Court of Nova Scotia for any county shall be deemed to be the "clerk" of that court in relation to matters arising in or dealt with in respect to such county. (2 E. VII., e. 23, s. 1; 3 E. VII., c. 38, s. 2.)

Rights of Property of Aliens.

4. Real and personal property of any description may taken, acquired, held and disposed of by an alien in the same manner, in all respects, as by a natural-born British subject. (R.S., c. 113, s. 3.)

5. A title to real and personal property of any description may be derived through, from, or in succession to an alien, in the same manner in all respects as through, from, or in succession to a natural-born British subject. (R.S., c. 113, s. 3.)

6. Nothing in the two last preceding sections shall qualify an alien for any office, or for any municipal. parliamentary, or other franchise, or to be the owner of a British ship; nor shall anything therein entitle an alien to any right or privilege as a British subject, except such rights and privileges in respect of property as are hereby expressly conferred upon him. (R.S., c. 113, s. 3.)

7. The provisions of the three last preceding sections shall not affect any estate or interest in real or personal property to which any person has or may become entitled, either mediately or immediately, in possession or expectancy, in pursuance of any disposition made before July 4, 1883, or in pursuance of any devolution by law on the death of any person dying before the said date. (R.S., c. 113, s. 3.)

Expatriation.

8. Whenever His Majesty has entered into a convention with any foreign State to the effect that the subjects of that State who are naturalized as British subjects may divest themselves of

their status as British subjects, and whenever His Majesty, by Order in Council, passed under Section 3 of The Naturalization Act, 1870, enacted by the Parliament of the United Kingdom, has declared that such Convention has been entered into by His Majesty, from and after the date of such Order in Council, any person originally a subject of the State referred to in such Order, who has been naturalized as a British subject within Canada, may, within such limit of time as is prescribed in the Convention, make a declaration of alienage, and from and after the date of his so making such declaration, such person shall, within Canada, be regarded as an alien, and as a subject of the State to which he originally belonged, as aforesaid. (R.S., c. 113, s. 4.)

9. Any such declaration of alienage may be made,

(a) In the United Kingdom, before any Justice of the Peace; (b) Elsewhere, in His Majesty's dominions, before any Judge of any court of civil or criminal jurisdiction, or of any Justice of the Peace, or of any other officer for the time being authorized by law in such place to administer an oath for any judicial or other legal purpose; and,

(c) Out of His Majesty's dominions, before any officer in the diplomatic or consular service of His Majesty. (R.S., c. 113, 8.5.)

10. Any person who, by reason of his having been born within British dominions, is a natural-born subject of His Majesty, but who, at the time of his birth, under the law of any foreign State, was and still is a subject of such State, may, if of full age, and not under any disability, make a declaration of alienage in manner aforesaid, and, from and after the making of such declaration of alienage, such person shall, within Canada, cease to be a British subject. (R.S., c. 113, s. 6.)

11. Any person who is born out of British dominions of a father being a British subject, may, if of full age and not under any disability, make a declaration of alienage in manner aforesaid, and from and after the making of such declaration shall, within Canada, cease to be a British subject. (R.S., c. 113, 8. 6.)

Effect of Naturalization Abroad.

12. Any British subject who has, at any time before or at any time after July 4, 1883, when in a foreign State and not under any disability, voluntarily become naturalized in such State, shall, from and after the time of his so having become naturalized in such foreign State, be deemed, within Canada, to have ceased to be a British subject, and shall be regarded as an alien. (R.S., c. 113, s. 7.)

Taking Oath.

13. Any alien who, within such limited time before taking the oaths or affirmations of residence and allegiance and pro

curing the same to be filed of record as hereinafter prescribed, as may be allowed by Order or regulation of the Governor-inCouncil, has resided in Canada for a term of not less than three years, or has been in the service of the Government of Canada or of any of the provinces of Canada, or of two or more of such governments, for a term of not less than three years, and intends, when naturalized, either to reside in Canada or to serve under the Government of Canada or the Government of one of the provinces of Canada, or two or more of such governments, may take and subscribe the oaths of residence and allegiance or of service and allegiance in Form A and apply for a certificate in Form B. (R.S., c. 113, s. 8.)

14. The following persons shall be competent to administer such oath, namely:

(a) A Judge of a Court of Record in Canada;

(b) A Commissioner authorized to administer oaths in any Court of Record in Canada.

(c) A Commissioner authorized by the Governor-General to take oaths under this Act;

(d) A Justice of the Peace of the county or district where the alien resides;

(e) A Notary Public;

() A Stipendiary Magistrate or a Police Magistrate. (R.S., c. 113, s. 9.)

Evidence of Residence or Service.

15. The alien shall adduce, in support of such application, such evidence of his residence or service, and intention to reside or serve, as the person before whom he takes the oaths aforesaid requires; and such person, on being satisfied with such evidence, and that the alien is of good character, shall grant to such alien a certificate in Form B. (R.S., c. 113, s. 10.)

Presentation of Certificate and Notice.

16. Such certificate shall be presented,-

(a) In Ontario, to the Court and General Sessions of the Peace of the county in which the alien resides, or to the Court of Assize and nisi prius during its sittings in such county;

(b) In Quebec, to any Circuit Court within the territorial limits of the jurisdiction of which the alien resides;

(c) In Nova Scotia, to the Supreme Court, during its sittings in the country in which the alien resides, or to the County Court having jurisdiction in such county;

(d) In New Brunswick, to the Supreme Court, during its sittings in the county in which the alien resides, or to the Circuit Court, as the case may be, in such county, or to the County Court having jurisdiction in such county;

(e) In British Columbia, to the Supreme Court of British Columbia, during its sittings in the electoral district in which

the alien resides, or to the Court of Assize and nisi prius during its sittings in such electoral district, or to the County Court of such electoral district;

(f) In Manitoba, to the County Court having jurisdiction where the alien resides, or, if there is no County Court having jurisdiction there, then to the County Court of the county nearest to his residence or the County Court the place of holding which is nearest to his residence ;

(g) In Prince Edward Island, to the Supreme Court of Judicature, during its sittings in the county within which the alien resides, or to the Court of Assize and nisi prius during its sittings in such county, or to the County Court of such county;

(h) In the province of Saskatchewan or Alberta, to a Judge of the Supreme Court of the Northwest Territories sitting in chambers in the judicial district in which the alien resides, pending the abolition of that Court by the legislature of the province, and thereafter to a Judge of such superior Court as, in respect of the civil jurisdiction of the said Court, is established for the province in lieu thereof;

(3) In the Yukon Territory, to the Territorial Court, during its sittings in the circuit within which the alien resides. (3 E. VII., c. 38, s. 1; 4 E. VII., c. 25, s. 1; 4-5 E, VII., c. 3, s. 16; c. 42, s. 16.)

17. Except in the provinces of Saskatchewan and Alberta, when it is intended to present a certificate under the last preceding section, on behalf of any alien, notice in writing of such intention stating the name, residence and occupation or addition of such alien shall be given to the Clerk of the Court at least three weeks before the sittings thereof.

(2) The Clerk shall post up in a conspicuous place in his office three weeks before such sittings, and keep posted there until such sittings are ended, a list showing the names, residences, and occupations or additions of all aliens as to whom due notice has been received by him of such intention. (3 E. VII., c. 38, 8. 2.)

18. Except in the provinces of Saskatchewan and Alberta, at any time after the filing of any such notice and previous to the sittings of the Court any person objecting to the naturalization of the alien may file in the office of the Clerk an opposition in which shall be stated the grounds of his objections. (3 E. VII., c. 38, s. 2.)

19. Except in the provinces of Saskatchewan and Alberta, presentation of such certificates shall be made in open Court and on the first day of some general sittings of the Court, and thereupon the Judge shall cause the particulars of all such certificates to be openly announced in Court, the name, residence, and occupation or addition of each applicant for naturalization being stated. (2) Where no opposition has been filed to the naturalization of an applicant, and no objection thereto is offered during the