194
STATUTES FOUND APPLICABLE,
therein mentioned, on board such ships
as shall be fitted out for the said fishery.
(Part.)
By the 8th section of this statute, foreign protestants
serving three years on board English ships,
employed in the whale fishery, and qualifying themselves, were deemed
natural born subjects.
In addition to the observations that have been made
in the notes to the other statutes, it may be
proper to state the reasons wherefore they are not deemed necessary
to be incorporated with our
laws. The political connection between Great Britain, and the states
of America having been dissolved
by the declaration of independence, it necessarily followed, that the statutes
under which persons
might be naturalized as British subjects, could no longer have relation
to this state; and the
act of October 1771, which has been mentioned, gave to persons naturalized
agreeably thereto, the
same advantages as if they had been born within the kingdom of Great-Britain,
&c. It was therefore
thought necessary to pass an act for naturalization soon after the
establishment of our government,
viz. in July 1779. Without attempting a full examination of this
subject, it may be said, that
every person who resided in the state when it became independent, became,
or was entitled to become
a subject or citizen thereof wherever he was born, and whether he had been
naturalized as a subject
of Great-Britain or the province, or not. The act for the confiscation
of British property, declared,
that every person born within the dominions or allegiance of the crown
of Great-Britain, and
every person made a subject of that nation agreeable to its laws, should
be a British subject within
the said act, unless he had by some subsequent act divested himself of
that relation, by adhearing to
us and our cause, as by entering into the service or employment
of the United States, or any of them,
joining in the formation of our government, taking the oath of allegiance
to it, withdrawing himself
from the British dominions, for his attachment to the United States, or
by doing some similar open
act, or by giving his implied assent by remaining within this or some other
of the United States, and
receiving the protection and benefit of their government, and laws.
Provisions were also made for
those who might come in within a limited time, &c. The act
of July 1779, and its supplements, are
considered not in force as to the manner of becoming naturalized since
the adoption of the general
government, and the laws passed thereby on the subject.
CHAP. 46. An act to continue several laws for preventing,
&c. and for allowing
quakers to make affirmation in cases
where an oath is or shall be required.
(Part.)
The 36th section of this statute
explained some doubt in the statute, 8 Geo. 1, Ch. 6.
23 George 2.--A. D. 1750.
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CHAP. 20. An act for encouraging the growth and
culture of raw silk in his majesty's
colonies or plantations in America.
This statute of course extended to the province.
CHAP. 28. An act to explain part of an act passed
in the thirteenth and fourteenth
years of the reign of king Charles the second, for the
uniformity of public
prayers, and administration of sacraments;
and also part of an act passed in
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