Second Act

CHAPTER V

Director of Subject and Foreigners

 

 

ARTICLE 1	ARTICLE 2	ARTICLE 3
MANAGER	MANAGER	MANAGER
ALIENS   DENIZENS   KANAKA MAOLI   (NATIVES)	DEPARTMENT OF FOREIGNERS	ASSETS OF INTESTATE FOREIGNERS
I	I	I
OFFICERS	OFFICERS	OFFICERS

CONTENTS

VOLUME I - PART I

SECOND ACT

DIRECTOR OF THE ADMINISTRATION DEPARTMENTS

HAWAIIANS WITH A PROVEN LINE OF FIVE GENERATIONS

POSITION FOR PRO TEMP - 7 YEARS TERM

CHAPTER V

ADMINISTRATION ON SUBJECTS AND FOREIGNERS

ARTICLE I
ALIENS, DENIZENS, KANAKA MAOLI (NATIVES)

ARTICLE II
THE DEPARTURE OF FOREIGNERS

ARTICLE III
THE ASSETS OF INTERSTATE FOREIGNERS

TABLE OF CONTENTS

CHAPTER V

ON SUBJECTS AND FOREIGNERS

CHAPTER V. - ON SUBJECTS AND FOREIGNERS

SECTION I. The bureau of naturalization shall be presided over, superintended and managed by the Minister of the Interior, who may assign its immediate duties to a clerk, who shall open and keep a journal of all the matters detailed in the following articles of this chapter, and preserve for said minister all correspondence with the respective governors in relation thereto.

ARTICLE I. - ALIENS, DENIZENS AND KANAKA MAOLI (NATIVES)

SECTION I. It shall be incumbent upon all foreigners coming from foreign countries into this kingdom, whether for transient purposes or with intent to remain permanently, and being at the time aliens to this, to bring and here exhibit before landing, a passport from some competent officer in the country whence such foreigner shall have come, descriptive of the person, age, sex and vocation of such foreigner, and properly authenticated, so as to be attested by the diplomatic agent, consul or commercial agent here resident, of the country whence such foreigner shall have come.

SECTION II. It shall be incumbent on every such foreigner, before landing, and before removing from a vessel any articles of baggage, to cause his passport to be seen, and its genuineness attested by the endorsement of some diplomat agent, consul or commercial agent in this kingdom. It shall be his duty to exhibit said passport to the governor of the island, or if he be absent, to the collector of the customs at the port where such foreigner shall have arrived. Before landing personal baggage from on board a foreign vessel, it shall be further incumbent on every foreigner coming into the kingdom, to obtain a permit from the collector of the customs, as prescribed in the third part of this act. For certifying the authenticity of every passport, the diplomatic agent, consul or commercial agent shall be entitled to collect at law, for his own use, from the bearer; and

for examining the same when so certified, the governor, and for every permit to land baggage the said collector of customs shall severally be entitled to collect, for the use of the royal exchequer, the fees prescribed in the third part of this act.

SECTION III. All persons born within the jurisdiction of this kingdom, whether of parent native of this kingdom, and afterwards coming to reside in this, shall be deemed to owe native allegiance to His Majesty Akahi Nui. All such persons shall be amendable to the laws of this kingdom as kanaka maoli (native) subjects. All persons born abroad of foreign parents, shall, unless duly naturalized, as in this article prescribed, be deemed aliens, and treated as such, pursuant to the laws.

SECTION IV. All aliens shall, as in Great Britain and the United States of America continue to be under the following disabilities:

1. They are not eligible to any civil or military office in this kingdom, created by the laws.
2. They are not entitled to vote at any election for elective officers of this kingdom, nor to take any official share in the administration of the government.
3. They are not able to acquire any allodial or fee simple estate in lands.
4. They are not entitled to the registration of their vessels in this kingdom, nor to hoist thereon the Hawaiian flag.

SECTION V. Aliens are not, however, exempted from the taxes imposed by law, nor are they less than subjects, amenable to the punishments, fines, penalties, and forfeitures prescribed by the several acts of this kingdom.

SECTION VI. Aliens coming to reside and do business, or acquire advantages in this kingdom, shall, in order to the validity of their transactions, and to the valid acquisition of such advantages, exhibit to the Minister of the Interior their passport, certified as herein before required, and shall obtain from said minister, a certificate of nationality in the following form:

This is to certify that _____, a native of _____, in ____, has come to reside in the Hawaiian Islands, and to subject himself to the laws so long as he shall remain; and all authorities thereof are required to respect the rights guaranteed to him by law as a domiciled alien.

Given under my hand, and the seal of the interior department, at _____, this ____day of ____, 20____.

____________________(L.S.)

The minister of the interior shall demand and receive for every such certificate, the fees prescribed in the third part of this act.

SECTION VII. No co-partnership among aliens residing and doing mercantile or other business in this kingdom, shall be valid in law, until its members resident, shall have obtained a certificate of nationality, as in this article prescribed; neither shall any leasehold estate be considered validly acquired by any such alien; but the ordinary transactions and individual agreements of aliens, not resulting from co-partnership, nor from the leasehold of lands and tenements, and the obligations of the general law maritime and merchant, disconnected from co-partnership, shall not, in any other respect, be affected by the want of such certificate.

SECTION VIII. Aliens duly enrolled by the Minister of the Interior, and receiving certificates of nationality, shall be denominated domiciled, and be entitled to all the particular privileges granted by law to domiciled foreigners, in addition to those not specially precluded by law to aliens in this kingdom. They shall be capable of taking by will, an inheritance in lands and tenements less than allodial or fee simple; of acquiring, owning, possessing, enjoying, disposing of, and of transmitting by inheritance, any chattel property, real or personal, within this kingdom. They shall be entitled to all the marital and parental rights, the rights of dower, of curtsey and of divorce; and they shall be compatible to do all the marital and parental duties defined in the laws of this kingdom.

They, in common with all other aliens, shall be civilly and criminally responsible in all respects to the extent of the rights and privileges conferred on them by law, and be entitled to seek international intervention when all the internal recourses afforded by the laws of this kingdom shall have been fully and finally resorted to for redress without just effect, but not otherwise. They shall, when domciliated as aforesaid, be compatible to pay all taxes and assessments applicable to personal and real chattels, and to contribute to the maintenance of schools. The right of civil redress shall be allowed them in the courts personal liberty and security, as modified by law.

SECTION IX. If any master of a vessel shall suffer the baggage of an alien foreigner coming into any of the ports of this kingdom, to be removed on shore from his vessel before compliance with provisions of this article, such master shall be liable to pay, for the use of this government, five hundred dollars for each offense; and the baggage so landed, shall be liable to seizure, confiscation and sale for that purpose, in the courts of this kingdom, as prescribed in the act to organize the judiciary; the foreigner so offending, shall also be amenable to the like fine, and to banished the realm.

SECTION X. Any alien foreigner complying with the preceding sections of this article as compile, may, after a residence of one year this kingdom, apply to his Excellency the governor of the island of Oahu, at Honolulu, for permission to become naturalized, and said governor shall have power, after the expiration of one year from the time such application was made, to administer the oath of allegiance to him, upon evidence that the applicant has complied with the requisitions above set forth, that he is not of immoral character, nor a refugee from the justice of some other country, nor a deserting sailor, marine, soldier or officer, belonging thereto.

SECTION XI. The oath of allegiance to be administered as aforesaid, shall be in the following words:

GOVERNMENT OF THE HAWAIIAN ISLANDS

The undersigned, a native of ____, lately residing in ____, being duly sworn upon the holy evangelists, upon his oath declares that he will support the constitution and laws of the Hawaiian Islands, and bear true allegiance to His Majesty Akahi Nui the king.

Subscribed and sworn to, this ________ of ________, A.D., 20____.

Before me,_________________

Which oath shall always be subscribed by the foreigner so naturalized, be sworn to in the form most obligatory upon his conscience, and the jury at thereof subscribed by said governor; for which services the governor shall demand and receive the fees prescribed in the third part of this act.

SECTION XII. The records of naturalization shall be kept in deposit at the office of the Minister of the Interior, whose duty it shall be, on being paid fees of transcription, prescribed in the third part of this act, to furnish such naturalized foreigner with a certified copy, to be used in evidence in any court of this kingdom.

SECTION XIII. 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 the kingdom, and to the authority and control thereof---be entitled to the protection of said laws, and be not longer amendable 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. Any every foreigner so naturalized, shall be entitled to all the rights, privileges and immunities of an Hawaiian subject.

SECTION XIV. It shall be competent to His Majesty Akahi Nui, with the attestation of the premier, and on consultation in privy council, to confer upon any alien resident abroad, or temporarily resident in this kingdom, letters patent of denization, conferring upon such alien, without abjuration of native allegiance, all the rights, privileges and immunities of a Kanaka Maoli (native). Said letters patent shall render the denizen in all respect accountable to the laws of this kingdom, and impose upon him the like fealty to the king Akahi Nui, as if he had been naturalized before provided.

VOLUME I - PART I

SECOND ACT

MINISTER OF INTERIOR

CHAPTER V

ARTICLE I

ALIEN, DENIZENS, KANAKA MAOLI (NATIVE)

SECTION VI. Aliens coming to reside and do business, or acquire advantages in this kingdom, shall, in order to the validity of their transactions, and to the valid acquisition of such advantages, exhibit to the Minister of the Interior their passport, certified as here in before required, and shall obtain from said minister, a certificate of nationality in the following form:

This is to certify that _____, a native of _____, in _____, has come to reside in the Hawaiian Islands, and to subject himself to the laws so long as he shall remain; and all authorities thereof are require to respect the rights guaranteed to him by law as a domiciled alien.

Given under my hand, and the seal of the Interior Department, at _____________, this _____day of __________, 20______.

Dated: Seal on this____day of ________,20__.

Approved by: _____________________
"His Majesty Akahi Nui"

Approved by:________________
Minister of Interior

VOLUME I - PART I

SECOND ACT

EXECUTIVE DEPARTMENT

MINISTER OF INTERIOR

CHAPTER V

ARTICLE I

ALIEN, DENIZENS, KANAKA MAOLI (NATIVE)

SECTION XI. The oath of allegiance to be administered as aforesaid, shall be in the following words:

GOVERNMENT OF THE HAWAIIAN ISLANDS

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

Subscribed and sworn to, this _____of __________, A.D., 20____.

Dated: Seal on this ____day of _______20___

Approved by: ___________________
"Her Majesty Akahi Nui"

Approved by:__________________
Minister of Interior

ARTICLE II - DEPARTURE OF FOREIGNERS

SECTIONS I. It shall not be lawful for the commanding officer of any Hawaiian or foreign vessel to carry out of this kingdom as a passenger, any domiciled alien, naturalized foreigner or native, without previous exhibition to him of a passport from His Majesty's, minister of foreign relations, as prescribed in the second part of this act.

SECTION II. The commanding officer of any vessel, who shall violate the provisions of this article, shall, upon return into His Majesty's jurisdiction, be subject the all the debts and other liabilities to private individuals in this kingdom, of the passenger so by him carried away; and his vessel to attachment, confiscation and sale, for the payment thereof, as prescribed in the act to organize the judiciary.

ARTICLE III - OF THE ASSETS OF INTESTATE FOREIGNERS

SECTION I. The minister of the interior shall, after administration, pursuant to the act to organize the judiciary, be ex officio, the receiver of all the residuary effects, monies and assets of foreigners dying interstate within this kingdom and leaving therein no personal representative entitled to administer; which assets, monies and effects, it shall be the duty of the administrator, appointed by order of the court of probate, after final settlement of his accounts, and after payment of all the just debts, costs and disbursements of administration, to pass over to said minister, with an attested copy of the final exonerator of the court. The administrator, in such cases, shall be entitled to receive the fees prescribed in the third part of this act.

SECTION II. The minister of the interior shall, upon the receipt of any such residuary assets, other than money, cause the same to be stored and cared for, or if perishable, disposed of to the best advantage at public vendue, for the use of the heirs abroad of said interstate. He shall be entitled to receive for such storage, care or sale, the fees prescribed in the third part of this act, to the use of the royal exchequer. It shall also be his duty to pass over to the minister of finance, in deposit for the use of the heirs of such deceased foreigner, any residuary monies so delivered to him by order of court, or so coming into his hands from the perishable effects of the interstate.

SECTION III. It shall be incumbent on the minister of finance, safely to keep the monies so deposited with him, until drawn from him by order of the minister of foreign relations. He shall, for so doing, charge and deduct the commissions of receipt, deposit and disbursement, prescribed the third part of this act.

SECTION IV. The minister of the interior shall, when any residuary assets, monies or effects of any deceased interstate foreigner shall have been delivered up to him by the administrator, notify the same to the minister of foreign relations, and its disposition; who

shall immediately notify the accredited diplomatic agent of the nation whose subject the said interstate foreigner had been, of the kind, and amount of residuary property so on storage or deposit, in order that the heirs abroad may be apprised, and may take measures for the recovery of their interests in such residuary property.

SECTION V. At the full expiration of five years from the day of notifying the accredited agent of a foreign nation, as in the last preceding section required, in case no application shall have been previously made to the minister of foreign relations, for said assets, the same shall, if property other than money, be sold, and its avails added to the monied assets of said interstate, and deposited upon charge of commissions, as aforesaid, for the use of the royal exchequer; at the expiration of ten years from the day of notifying the said accredited agent, all heirs of said interstate, resident abroad, shall be forever barred from the right to demand or recover the same.