Instructions.
issue of the certificate (see Regulation No. 12) and that both the certificate and the oath are registered in the Colony (see Regulation No. 9 (2)). He will then transmit officially to the Secretary of State for the Colonies a copy of the certificate, including the oath which is endorsed on the back of the certificate. This copy will then be transmitted from the Colonial Office to the Home Office for registration as required under Regulation 9 (2).
6. In connexion with this question of registration, I invite your attention to Regulations Nos. 10 and 13. All declarations of alienage or of resumption or of retention of British nationality which may be made in the Colony should be registered locally, and a copy of each such declaration should be sent officially to the Colonial Office for transmission to and registration at the Home Office.
7. It will accordingly be necessary to provide registers in the Colony for the purposes referred to in the two preceding paragraphs, and to make arrange- ments for the careful and regular performance of the work of registration.
8. I also enclose copies of four sets of Instructions as to applications for naturalization under the Act dealing with such applications as are ordinarily to be expected from persons resident in the Colonies which do not possess Responsible Government. It will be seen that these Instructions consist of :
(A) Instructions as to applications for certificates of naturalization by aliens resident in a Colony not possessing Responsible Government (certificates, Forms (A) and (B)).
(AA) Instructions as to applications for certificates of naturalization by aliens in the service of the Crown in a Colony not possessing Responsible Government (certificates, Forms (A) and (B)).
(B) Instructions as to an application for a certificate of naturaliza- tion by a woman resident in a Colony not possessing Responsible Government who was a British subject previously to her marriage to an alien, and whose husband has died, or whose marriage has been dissolved (certificates, Forms (A) and (B)).
(C) Instructions as to applications by persons resident in a colony not possessing Responsible Government who have been previously naturalized in that Colony (certificates, Forms (F) and (G) ).
9. With regard to these Instructions, I have to point out that no mention is made therein of payment of fees in respect of a grant of a certificate of naturalization. It will be seen from Regulation No. 14 (which is not in force in any British possession) that certain fees are payable in respect of certificates of naturalization granted, in this country. Similar fees should, no doubt, be charged in the Colony under your government. I do not consider it necessary or desirable to insist upon the general adoption of uniform scales of fees; but I suggest, for your consideration, that legislative provision should be made for establishing a moderate scale of fees in respect of the grunt of certificates under the Act.
10.
With reference to the Instructions marked (B) I have to mention that pledges were given in the course of the debates in Parliament that the fees for certificates of naturalization granted in this country to a widow or woman whose marriage has been dissolved should not in such cases exceed 5s., and though no pledge has been given which can in any way bind the Colonies in respect of the amount of the fees to be charged in such cases, I consider that the fee payable in the Colonies for certificates granted in these cases should also not exceed 58.
11.
With regard to the Instructions marked (C) I understand that the Secretary of State for Home Affairs has decided, in the exercise of the discretion conferred on him by Section 6 of the Act, that any applicant naturalized under the Act of 1870 who desires to obtain a certificate of naturalization in this country under the new Act should normally be required to be resident in this country. I consider it desirable that this principle should also be followed in His Majesty's oversea dominions, and that any person applying for a new certificate under Section 6 of the Act should be resident in, and should apply to the local authorities of, that part of His Majesty's dominions in which he was previously naturalized. Should he be no longer resident in that part of His Majesty's dominions, he should apply to the local authorities of the part of His Majesty's dominions in which he is then resident, but in that case it will be necessary for him to proceed as if he were making a first application for naturalization, i.e., under Section 2 and not under Section 6 of the Act, with the result that he will have to take the steps laid down in the Instructions marked (A) and not those in the Instructions marked (C').
12. I have not thought it necessary to issue special instructions for use in Colonies which do not possess Responsible Government regarding applications for naturalization by persons with respect to whose nationality as a British subject a doubt exists (see forms of certificate (D)) and (E)) or by minors (see form of certificate (C)). Both such cases are likely to be exceptional and infrequent, and should an application of either kind be made at any time in one of the Colonies not possessing Responsible Government, it should be forwarded, with a full report upon all the circumstances of the case, to the Secretary of State for the Colonies. The application will then be communicated to the Secretary of State for Home Affairs. This procedure will ensure the adoption of a uniform policy regarding the grant of such certificates, and whenever it may be decided by the Secretary of State for Home Affairs that an exceptional certificate of such a nature should be granted the certificate will, as in ordinary cases, be issued in the appropriate form by the Governor, after being approved by the Secretary of State for the Colonies, în accordance with the procedure laid down in paragraphs 4 and 5 of this despatch.
I have the honour to be,
Sir.
Your most obedient, humble servant,
L. HARCOURT.
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