ARTICLE VIII.—NATURALIZATION OF FOREIGNERS

 

§428.  The Minister of the Interior, with the approval of the King, shall have the superintendence and direction of the naturalization of foreigners.

 

§429.  The said Minister, with the approval of the King, shall have the power in person upon the application of any alien foreigner who shall have resided within the Kingdom for five years or more next preceding such application, stating his intention to become a permanent resident of the Kingdom, to administer the oath of allegiance to such foreigner, if satisfied that it will be for the good of the Kingdom, and that such foreigner owns without encumbrance taxable real estate within the Kingdom, and is not of immoral character, nor a refugee from justice of some other country, nor a deserting sailor, marine, soldier or officer.

 

§430.  The oath of allegiance to be administered as aforesaid, shall be as follows:

 

The undersigned, a native of ­­­­­­­­­­­­________, lately residing in ________, being duly sworn, upon his oath, declares that he will support the Constitution and laws of the Hawaiian Islands, and bear true allegiance to His Majesty ________, the King.

Subscribed and sworn to this _______ day of _______, A.D. 18__, before me, ________­­­­­­­­­­­­­________

 

§431.  The oath of allegiance shall always be subscribed by the person so naturalized, be sworn to in the form most obligatory upon his conscience, and the jurat thereof shall be subscribed by the Minister of the Interior (or his chief clerk).

 

See Sections 428 and 428 as amended in 1882, Chapter XVIII.

 

§432.  Every foreigner so naturalized, shall be deemed to all intents and purposes a native of the Hawaiian Islands, be amenable only to the laws of this Kingdom, and to the authority and control thereof, be entitled to the protection of said laws, and be no longer amenable to his native sovereign while residing in this Kingdom, nor entitled to resort to his native country for protection or intervention.  He shall be amenable, for every such resort, to the pains and penalties annexed to rebellion by the Criminal Code.  And every foreigner so naturalized, shall be entitled to all the rights, privileges and immunities of an Hawaiian subject.

 

§433.  It shall be competent for His Majesty to confer upon any alien resident abroad, or temporarily resident in this Kingdom, letters patent of denization, conferring upon such alien, without abjuration of allegiance, all the rights, privileges and immunities of a native.  Said letters patent shall render the denizen in all respects accountable to the laws of this Kingdom, and impose upon him the like fealty to the King, as if he had been naturalized as hereinbefore provided.

 

The fee for administering the oath of allegiance, subscribing the jurat and granting certificate of the same, shall be Five Dollars; provided, however, that the Minister of the Interior may, in his discretion, remit part or the whole of said fee, when the aforesaid oath shall be administered to immigrants introduced here through the agency of the Board of Immigration.

 

TO PROVIDE FOR THE TAKING OF THE OATH OF ALLEGIANCE BY PERSONS IN THE EMPLOY OF THE HAWAIIAN GOVERNMENT.

 

Whereas, it is expedient that all persons who may be appointed to places of profit or emolument under the Hawaiian Government should take the oath of allegiance.

 

Be it Enacted by the King and the Legislative Assembly of he Hawaiian Islands in the Legislature of the Kingdom assembled.

 

SECTION 1.  From and after the passage of this Act every person of foreign birth who may be appointed to any office of profit or emolument under the Government of this Kingdom shall, before entering upon the duties of his office, take and subscribe the oath of allegiance, in manner and form prescribed by Sections 430 and 431 of the Civil Code.

   

SECTION 2.  Every person now holding any office of profit or emolument under the Government of this Kingdom, who shall not already have taken such oath as aforesaid, and who shall neglect or refuse to take such oath within three months from the passage of this Act, shall be deemed to have resigned his office, which shall become vacant at the expiration of such period.

 

(SECTION 3.  The said oath may be taken and subscribed by any person not resident on the Island of Oahu, before any Judge of a Court of Record, who shall immediately forward the same to the Minister of the Interior.)

 

NOTE.—Section 3 repealed, by implication, by Act of 1882, amending Sections 428 and 429.

 

TARIFF OF CHARGES

 

§435.  The following Tariff of Charges, for the Department of the Interior, not elsewhere provided for, is hereby established:

   

For every Royal Patent, lease, or other grant of land, inclusive of stamp, $5.

   

For every charter, $10.

   

For every copy of any patent, charter, or other document 50 cents per hundred words.

    

For all other acts and duties, the fees which are not otherwise provided for, such charges as the Minister of the Interior may, from time to time, prescribe.

 

 

Return to Civil Code Table of Contents