Aliens Act, 1935

• Jurisdiction: Ireland
• Citation: IR No. 14/1935

Number 14 of 1935.
ALIENS ACT, 1935.
ARRANGEMENT OF SECTIONS
Section 1. Definitions generally. 2. Definition of “alien.” 3. Rights of aliens in relation to property. 4. Subjection of aliens to the law of Saorstát Eireann. 5. Control of aliens. 6. Contravention of aliens order. 7. Search warrants. 8. Restrictions on change of name by aliens. 9. Licences for change of name by aliens. 10. Power to exempt citizens of certain countries from application of provisions of Act, etc. 11. Regulations. 12. Prosecution of offences. 13. Expenses. 14. Repeals. 15. Short title.
SCHEDULE.
Enactments Repealed.
Number 14 of 1935.
ALIENS ACT, 1935.
AN ACT TO PROVIDE FOR THE CONTROL OF ALIENS AND FOR OTHER MATTERS RELATING TO ALIENS. [10th April, 1935.]
BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—
	Definitions generally.	1.—In this Act—
	the expression “the Minister” means the Minister for Justice; the word “prescribed” means prescribed by regulations made by the Minister under this Act.
	Definition of “alien”.	2.—In this Act the word “alien” means a person who is not a citizen of Saorstát Eireann.
	Rights of aliens in relation to property.	3.—(1) Real and personal property of every description in Saorstát Eireann or subject to the law of Saorstát Eireann may be taken, acquired, held, and disposed of by an alien in the like manner and to the like extent as such property may be taken, acquired, held, or disposed of by a citizen of Saorstát Eireann.
	(2) A title to real or personal property of any description in Saorstát Eireann or subject to the law of Saorstát Eireann may be derived through, from, or in succession to an alien in the like manner and to the like extent in all respects as such property may be derived through, from, or in succession to a citizen of Saorstát Eireann.
	(3) Nothing in this section shall operate—
	(a) to qualify an alien for any office or for any municipal, parliamentary, or other franchise for which he would not be qualified if this section had not been enacted, or
	(b) to qualify an alien to be the owner of a ship or of any share in a ship registered in Saorstát Eireann, or
	(c) to qualify an alien to be the owner of any aircraft registered in Saorstát Eireann, or
	(d) to qualify any alien for any right or privilege conferred by an Act of the Oireachtas (whether passed before or after this Act) on any class or group of persons, whether defined as citizens or as nationals of Saorstát Eireann or in any other manner whatsoever, of which such alien is not a member at the relevant time.
	Subjection of aliens to the law of Saorstát Eireann.	4.—An alien shall be amenable to and triable under the law of Saorstát Eireann in the like manner and to the like extent in all respects as a citizen of Saorstát Eireann.
	Control of aliens.	5.—(1) The Minister may, if and whenever he thinks proper, do by order (in this Act referred to as an aliens order) all or any of the following things in respect either of all aliens or of aliens of a particular nationality or otherwise of a particular class, or of particular aliens, that is to say:—
	(a) prohibit the aliens to whom the order relates from landing in or entering into Saorstát Eireann;
	(b) impose on such aliens restrictions and conditions in respect of landing in or entering into Saorstát Eireann, including limiting such landing or entering to particular places or prohibiting such landing or entering at particular places;
	(c) prohibit such aliens from leaving Saorstát Eireann and for that purpose prohibit such aliens from embarking on ships or aircraft in Saorstát Eireann;
	(d) impose on such aliens restrictions and conditions in respect of leaving Saorstát Eireann including limiting such leaving to particular places or particular means of travelling or prohibiting such leaving from particular places or by particular means of travelling;
	(e) make provision for the exclusion or the deportation and exclusion of such aliens from Saorstát Eireann and provide for and authorise the making by the Minister of orders for that purpose;
	(f) require such aliens to reside or remain in particular districts or places in Saorstát Eireann;
	(g) prohibit such aliens from residing or remaining in particular districts or places in Saorstát Eireann;
	(h) require such aliens to comply, while in Saorstát Eireann, with particular provisions as to registration, change of abode, travelling, employment, occupation, and other like matters.
	(2) An aliens order may contain provisions for all or any of the following purposes, that is to say:—
	(a) imposing such obligations and restrictions on the masters of ships entering or leaving Saorstát Eireann, the pilots or other persons in charge of aircraft entering or leaving Saorstát Eireann, railway companies whose railway lines cross the land frontier of Saorstát Eireann, and the drivers or other persons in charge of road vehicles entering or leaving Saorstát Eireann as may, in the opinion of the Minister, be necessary for giving full effect to or securing compliance with such order;
	(b) conferring on the Minister and on officers of the Minister, officers of customs and excise and the military and police forces of the State all such powers (including powers of arrest and detention) as are, in the opinion of the Minister, necessary for giving full effect to or enforcing compliance with such order;
	(c) determining the nationality to be ascribed to aliens whose nationality is unknown or uncertain;
	(d) in the case of an aliens order which provides for the exclusion or the deportation and exclusion of aliens, continuing the operation of such order and every order made thereunder notwithstanding any change in the nationality of the aliens or the alien to which such order or the order made thereunder relates;
	(e) requiring hotelkeepers and innkeepers and other persons providing for reward on premises owned or occupied by them lodging or sleeping accommodation to keep registers of persons lodging or sleeping in such hotel, inn, or premises and to permit officers of the Minister and members of the police forces of the State to inspect and take copies of or extracts from such registers.
	(3) If in any proceedings, whether civil or criminal, any question arises under or in relation to an aliens order or an order made under an aliens order whether any person is or is not an alien, or is or is not an alien of a particular nationality or otherwise of a particular class, or is or is not a particular alien specified in such order, the onus of proving (as the case may require) that such person is not an alien, or is not an alien of a particular nationality or of a particular class, or is not such particular alien, shall lie on such person.
	(4) An aliens order shall not apply to any of the following persons, that is to say:—
	(a) the head of any diplomatic mission duly accredited to Saorstát Eireann, the members of the household of such head, and every member of the diplomatic staff of such mission whose appointment as such has been officially notified to the Minister for External Affairs or is otherwise entitled to diplomatic immunities and the spouse and child of such member;
	(b) the consul-general and any consul or vice-consul in Saorstát Eireann of any other country and the spouse and child of such consul-general, consul or vice-consul;
	(c) any person to whom neither of the preceding paragraphs of this sub-section applies who is declared by an order made by the Minister for External Affairs to be an official representative in Saorstát Eireann of the Government of another country.
	(5) An alien who is ordinarily resident in Saorstát Eireann and has been so resident for a period (whether partly before and partly after the passing of this Act or wholly after such passing) of not less than five years and is for the time being employed in Saorstát Eireann or engaged in business or the practice of a profession in Saorstát Eireann shall not be deported from Saorstát Eireann...