[Act 30 of 1852] [16th July, 1852] Repealed
by Act 7 of 1926 Passed
by the Governor General of India in Council, on the 16th July 1852. An Act
for the Naturalization of Aliens. Whereas it is
expedient to provide for the Naturalization of Aliens resident in the
Territories under the Government of the East India Company. It is enacted as
follows:? Any
person whilst actually residing in any part of the Territories under the
Government of the East India Company may present a memorial to Government,
praying that the privileges of Naturalization may be conferred upon him. Such
memorial shall state to the best of the knowledge and belief of the
memorialist, his age, place of birth, place of residence, profession, trade or
occupation, the length of time during which he has resided within the said
Territories, that he is settled in the said Territories, or is residing within
the same with intent to settle therein, and any other particulars which the
Government may require to be stated therein, and such memorial shall be in
writing and signed by the memorialist, and accompanied by an affidavit sworn by
him, verifying the truth of the statements contained therein. The
memorial shall be considered by the Government to whom it shall be presented,
who shall inquire into the circumstances of the case, and may require such
evidence either by affidavit or otherwise as they may deem proper, in addition
to the before-mentioned affidavit of the memorialist, to prove the truth of the
statements contained in such memorial. The
Government may, if they shall think fit, issue a certificate in writing
reciting such of the contents of the memorial as they may consider to be true
and material, and granting to the memorialist all the rights, privileges and
capacities of Naturalization under this Act, except such rights, privileges or
capacities, if any, as may be specially excepted in such certificate. The
certificate shall be delivered to the memorialist; and a copy off duplicate
thereof, together with the memorial upon which the same shall he obtained, and
any Affidavit which may accompany such memorial or be produced in support
thereof, shall be filed by the Secretary to the Government, or such other
Officer as the Government may direct; and such Secretary or Officer shall keep
an alphabetical list of all persons who may be naturalized by such Government. If any
material statement contained in such memorial shall be false, the Government
may, if they think fit, by an order in writing, declare the certificate issued
upon such memorial to be null and void to all intents and purposes, except such
purposes, if any, as may be specially excepted in such order; and from and
after such order all the rights, privileges and capacities derived through such
certificate shall cease to exist. Such
fees shall be payable in respect of the proceedings hereby authorized as shall be
fixed by the Government. Upon
obtaining such certificate, and taking and Subscribing the oath as hereinafter
prescribed, the memorialist shall within the said Territories under the
Government of the East India Company be deemed a natural born subject of Her
Majesty as if he had been born within the said Territories, and shall be
entitled within the said Territories to all the rights, privileges and
capacities of a subject of Her Majesty born within the said Territories, except
such rights, privileges and capacities, if any, as may be specially excepted in
such certificate. Nothing
in this Act contained shall be construed so as to deprive the Courts of the
East India Company of jurisdiction over any such naturalized person, or to give
to the Courts of Her Majesty any jurisdiction over any such person not
otherwise subject to such jurisdiction. Within
sixty days from the day of the date of such certificate the memorialist named
in such certificate shall take and subscribe the oath contained in the Schedule
annexed to this Act. Such
oath, as well as any other oath or affidavit required by this Act, may be
administered by any Magistrate or Justice of the Peace within the limits of his
jurisdiction, or by any other person to be appointed for that purpose by
Government, and the person who shall administer the oath mentioned in the
Schedule to this Act annexed shall grant to the memorialist a certificate in
writing of his having taken and subscribed such oath, and of the date of his
taking and subscribing the same, and shall forward to the Government the oath
so taken and subscribed together with a duplicate of such certificate, which
oath and duplicate certificate shall be filed and kept with the memorial. The
word ?Government? in this Act shall be deemed to mean the person or persons for
the time being lawfully entitled to administer the executive Government in that
part of the said Territories in which the memorialist, shall reside at the time
of presenting such memorial. The word ?Magistrate? shall include any person
lawfully exercising the powers of a Magistrate, and words denoting the
masculine gender shall include the feminine. In
every case in which the word ?oath? or ?affidavit? is used in this Act, an
affirmation to the same effect as the oath or affidavit required shall be
sufficient in cases where the person required to make such oath or affidavit
shall be a person allowed by law to affirm in civil cases, and in every such
case such affirmation shall be made before the person authorized to administer
the oath, and the word ?oath? or ?affidavit? wherever used in this Act shall
include such affirmation. SCHEDULE OATH I.,
A.B., of (here state the description of the party) do swear (or being one of
the persons allowed by law to affirm in civil cases, do affirm,) that I will be
faithful and bear true allegiance to the Sovereign of the United Kingdom of
Great Britain and Ireland, and of these Territories as dependent thereon, and
that I will be true and faithful to the East India Company. (Signed) A.B.Naturalization Act,
1852 [Repealed]