✨ Legislation Text




194
THE NEW ZEALAND GAZETTE.

Majesty's dominions, in the presence of any of a certificate of naturalization, and an oath of
Judge of any court of civil or criminal juris- allegiance shall in like manner be required previously
diction, of any Justice of the Peace, or of any to the issuing of the certificate.
other officer for the time being authorized by
law in the place in which the declarant is to
administer an oath for any judicial or other
legal purpose. If out of Her Majesty's
dominions, in the presence of any officer in
the diplomatic or consular service of Her
Majesty.

Naturalization and resumption of British Nationality.
7. An alien who, within such limited time before
making the application hereinafter mentioned as may
be allowed by one of Her Majesty's Principal Secre-
taries of State, either by general order or on any
special occasion, has resided in the United Kingdom
for a term of not less than five years, or has been in
the service of the Crown for a term of not less than
five years, and intends, when naturalized, either to
reside in the United Kingdom, or to serve under the
Crown, may apply to one of Her Majesty's Principal
Secretaries of State for a certificate of naturalization.
The applicant shall adduce in support of his appli-
cation such evidence of his residence or service, and
intention to reside or serve, as such Secretary of
State may require. The said Secretary of State, if
satisfied with the evidence adduced, shall take the
case of the applicant into consideration, and may,
with or without assigning any reason, give or with-
hold a certificate as he thinks most conducive to the
public good, and no appeal shall lie from his decision;
but such certificate shall not take effect until the
applicant has taken the oath of allegiance.
An alien to whom a certificate of naturalization is
granted shall in the United Kingdom be entitled to
all political and other rights, powers, and privileges,
and be subject to all obligations, to which a natural-
born British subject is entitled or subject in the
United Kingdom; with this qualification, that he
shall not, when within the limits of the foreign State
of which he was a subject previously to obtaining his
certificate of naturalization, be deemed to be a
British subject unless he has ceased to be a subject
of that State in pursuance of the laws thereof, or in
pursuance of a treaty to that effect.
The said Secretary of State may in manner afore-
said grant a special certificate of naturalization to
any person with respect to whose nationality as a
British subject a doubt exists, and he may specify in
such certificate that the grant thereof is made for
the purpose of quieting doubts as to the right of
such person to be a British subject, and the grant of
such special certificate shall not be deemed to be
any admission that the person to whom it was
granted was not previously a British subject.
An alien who has been naturalized previously to
the passing of this Act may apply to the Secretary
of State for a certificate of naturalization under this
Act, and it shall be lawful for the said Secretary of
State to grant such certificate to such naturalized
alien upon the same terms and subject to the same
conditions in and upon which such certificate might
have been granted if such alien had not been pre-
viously naturalized in the United Kingdom.
8. A natural-born British subject who has become
an alien in pursuance of this Act, and is in this Act
referred to as a statutory alien, may, on performing
the same conditions and adducing the same evidence
as is required in the case of an alien applying for a
certificate of nationality, apply to one of Her
Majesty's Principal Secretaries of State for a cer-
tificate (hereinafter referred to as a certificate of
readmission to British nationality), readmitting him
to the status of a British subject. The said Secretary
of State shall have the same discretion as to the
giving or withholding of the certificate as in the case
A statutory alien to whom a certificate of readmis-
sion to British nationality has been granted shall,
from the date of the certificate of readmission, but
not in respect of any previous transaction, resume
his position as a British subject; with this qualifi-
cation, that, within the limits of the foreign State of
which he became a subject, he shall not be deemed to
be a British subject unless he has ceased to be a
subject of that foreign State according to the laws
thereof, or in pursuance of a treaty to that effect.
The jurisdiction by this Act conferred on the
Secretary of State in the United Kingdom in respect
of the grant of a certificate of readmission to British
nationality, in the case of any statutory alien being
in any British possession, may be exercised by the
Governor of such possession; and residence in such
possession shall, in the case of such person, be
deemed equivalent to residence in the United
Kingdom.

  1. The oath in this Act referred to as the oath of
    allegiance shall be in the form following, that is to
    say,-

"I do swear that I will be faithful
and bear true allegiance to Her Majesty Queen
Victoria, her heirs and successors, according to
law. So help me GOD."

National Status of Married Women and Infant
Children.
10. The following enactments shall be made with
respect to the national status of women and
children :-
(1.) A married woman shall be deemed to be
a subject of the State of which her husband
is for the time being a subject:

(2.) A widow, being a natural-born British
subject, who has become an alien by or in
consequence of her marriage, shall be deemed
to be a statutory alien, and may as such at
any time during widowhood obtain a cer-
tificate of readmission to British nationality,
in manner provided by this Act:

(3.) Where the father being a British subject,
or the mother being a British subject and a
widow, becomes an alien in pursuance of this
Act, every child of such father or mother who
during infancy has become resident in the
country where the father or mother is natural-
ized, and has, according to the laws of such
country, become naturalized therein, shall be
deemed to be a subject of the State of which
the father or mother has become a subject,
and not a British subject:

(4.) Where the father, or the mother being a
widow, has obtained a certificate of readmis-
sion to British nationality, every child of such
father or mother who during infancy has
become resident in the British dominions with
such father or mother, shall be deemed to have
resumed the position of a British subject to
all intents:

(5.) Where the father, or the mother being a
widow, has obtained a certificate of naturaliza-
tion in the United Kingdom, every child of
such father or mother who during infancy has
become resident with such father or mother in
any part of the United Kingdom shall be
deemed to be a naturalized British subject.

Supplemental Provisions.
11. One of Her Majesty's Principal Secretaries of
State may by regulation provide for the following
matters :-
(1.) The form and registration of declarations of
British nationality:



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1871, No 26





✨ LLM interpretation of page content

πŸ›οΈ Implementation details and text of The Naturalization Act, 1870. (continued from previous page)

πŸ›οΈ Governance & Central Administration
2 February 1871
Naturalization, British Nationality, Oaths, Residence, Married Women, Children, Legislation