Nor should a British subject be expatriated for having worn a red waistcoat at Buenos Ayres, (see Memorandum,) or resided two years in Colombia. The merchant shipping act of 1854 provides that no person who has taken an oath of allegiance to a foreign sovereign shall be entitled to be registered as owner of a British merchant-vessel unless he shall have subsequently taken another oath of allegiance to the British Crown. The principle of expatriation here recognized could not be carried out without some further provisions, as it will have been already seen that an oath of allegiance is not required for naturalization in France and other countries. The simplest plan would be to provide that a British subject naturalizing himself in a foreign country should be deemed, from the time of his being so naturalized, to be a subject or citizen of that country. The advantage of making the act of expatriation depend upon the act of naturalization would be that a record of the fact would be preserved; whereas if the expatriation is made to depend also upon domicile (as in the Prussian treaty) the difficulties of subsequently proving such uninterrupted domicile would probably be almost insuperable. The Prussian treaty likewise contains a provision for repatriation by domicile. In Prussia this may be of importance, as it would no doubt be inconvenient to allow naturalized Prussian-Americans to return to Prussia and to claim continued exemption from the military service to which all their neighbors would be exposed. The new Italian code enables an expatriated citizen to recover his civil rights: 1. By returning to the realm with the special permission of the government. 2. By relinquishing foreign employment. 3. By declaring before the proper civil authority of the State an intention to re-establish his domicile within the realms, and by so bond fide establishing it within a year. The son of an expatriated Italian can also recover his nationality by making a similar declaration on coming of age, either before the authorities in Italy, or before any Italian diplomatic or consular agent abroad. Having regard to the British law of alienship, particularly as respects the right to inherit real property, there might be great difficulty in making similar provisions for the repatriation of British expatriates, especially as there is no machinery in England or the colonies for local registration for police and conscription purposes as in Italy, Prussia, and France. A careful consideration, therefore, of this intricate subject leads to the following conclusions: 1. That the time has arrived when the principle of free expatriation may be adopted, and even (in the interests of the colonies) advocated by Great Britain. 2. That such expatriation should depend on the expatriate being naturalized by some legal process in a foreign country, and not on domicile; care being taken that the interests of persons resident abroad and assuming local and temporary allegiance for mercantile purposes are not injuriously affected. 3. That an expatriate should become from the time of his alien naturalization absolutely an alien, subject both as regards himself and his children (whether minors at the time of his naturalization or born subsequent to it) to all the disabilities of alienship. 4. That repatriation should be effected in the same manner as naturalization, i, é the expatriate having become an alien should only recover the rights and privileges of a British subject by the same process as aliens are admitted to them. (Signed) CHAS. S. A. ABBOTT. PART I.-BRITISH AND COLONIAL LAWS. [Since this report was made a new statute has been enacted by the imperial Parliament This matter is substituted for the matter respecting imperial legislation contained in the report.] AN ACT to amend the law relating to the legal condition of aliens and British subjects. [12th May 1870.1 Whereas it is expedient to amend the law relating to the legal condition of aliens and British subjects: Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. This act may be cited for all purposes as "The Naturalization Act, 1870," 2. Real and personal property of every description may be taken, acquired, held, and disposed of by an alien in the same manner in all respects as by a naturalborn British subject; and a title to real and personal property of every description may be derived through, from, or in succession to an alien, in the same manner in all respects as through, from, or in succession to a natural-born British subject: Provided, (1.) That this section shall not confer any right on an alien to hold real property situate out of the United Kingdom, and shall not qualify an alien for any office, or for any municipal, parliamentary, or other franchise: (2.) That this section shall not entitle an alien to any right or privilege as a British subject, except such rights and privileges in respect of property as are hereby expressly given to him: (3.) That this section shall not affect any estate or interest in real or personal property to which any person has or may become entitled, either mediately or immediately, in possession or expectancy, in pursuance of any disposition made before the passing of this act, or in pursuance of any devolution by law on the death of any person dying before the passing of this act. 3. Where Her Majesty has entered into a convention with any foreign state to the effect that the subjects or citizens of that state who have been naturalized as British subjects may divest themselves of their status as such subjects, it shall be lawful for Her Majesty, by order in council, to declare that such convention has been entered into by Her Majesty; and from and after the date of such order in council, any person, being originally a subject or citizen of the state referred to in such order, who has been naturalized as a British subject, may, within such limit of time as may be provided in the convention, make a declaration of alienage, and from and after the date of his so making such declaration such person shall be regarded as an alien, and as a subject of the state to which he originally belonged, as aforesaid. A declaration of alienage may be made as follows; that is to say,-If the declarant be in the United Kingdom, in the presence of any justice of the peace, if elsewhere in Her Majesty's dominions, in the presence of any judge of any court of civil or criminal jurisdiction, of any justice of the peace, or of any other officer for the time being authorized by law in the place in which the declarant is to administer an oath for any judicial or other legal purpose. If out of Her Majesty's dominions, in the presence of any officer in the diplomatic or consular service of Her Majesty. 4. Any person who by reason of his having been born within the dominions of Her Majesty is a natural-born subject, but who also at the time of his birth became, under the law of any foreign state, a subject of such state, and is still such subject, may, if of full age and not under any disability, make a declaration of alienage in manner aforesaid, and from and after the making of such declaration of alienage such person shall cease to be a British subject. Any person who is born out of Her Majesty's dominions of a father being a British subject may, if of full age, and not under any disability, make a declaration of alienage in manner aforesaid, and from and after the making of such declaration shall cease to be a British subject. 5. From and after the passing of this act, an alien shall not be entitled to be tried by a jury de medietate linguæ, but shall be triable in the same manner as if he were a natural-born subject. EXPATRIATION. 6. Any British subject who has at any time before, or may at any time after the passing of this act, when in any foreign state and not under any disability, voluntarily become naturalized in such state, shall, from and after the time of his so having become naturalized in such foreign state, be deemed to have ceased to be a British subject and be regarded as an alien; Provided, (1.) That where any British subject has, before the passing of this act, voluntarily become naturalized in a foreign state, and yet is desirous of remaining a British subject, he may, at any time within two years after the passing of this act, make a declaration that he is desirous of remaining a British subject, and upon such declaration, herein-after referred to as a declaration of British nationality, being made, and upon his taking the oath of allegiance, the declarant shall be deemed to be and to have been continually a British subject; with this qualification, that he shall not, when within the limits of the foreign state in which he has been naturalized, be deemed to be a British subject, unless he has ceased to be a subject of that state in pursuance of the laws thereof, or in pursuance of a treaty to that effect: (2.) A declaration of British nationality may be made, and the oath of allegiance be taken as follows; that is to say-if the declarant be in the United Kingdom in the presence of a justice of the peace; if elsewhere in Her Majesty's dominions, in the presence of any judge of any court of civil or criminal jurisdiction, of any justice of the peace, or of any other officer for the time being authorized by law in the place in which the declarant is to administer an oath for any judicial or other legal purpose. If out of Her Majesty's dominions, in the presence of any officer in the diplomatic or consular service of Her Majesty. NATURALIZATION AND RESUMPTION OF BRITISH NATIONALITY. 7. An alien who, within such limited time before making the application hereinafter mentioned as may be allowed by one of Her Majesty's principal secretaries of state, either by general order or on any special occasion, has resided in the United Kingdom for a term of not less than five years, or has been in the service of the Crown for a term of not less than five years, and intends, when naturalized, either to reside in the United Kingdom, or to serve under the Crown, may apply to one of Her Majesty's principal secretaries of state for a certificate of naturalization. The applicant shall adduce in support of his application such evidence of his resi dence or service, and intention to reside or serve, as such secretary of state may require. The said secretary of state, if satisfied with the evidence adduced, shall take the case of the applicant into consideration, and may, with or without assigning any reason, give or withhold a certificate as he thinks most conducive to the public good, and no appeal shall lie from his decision, but such certificate shall not take effect until the applicant has taken the oath of allegiance. An alien to whom a certificate of naturalization is granted shall, in the United Kingdom, be entitled to all political and other rights, powers, and privileges, and be subject to all obligations to which a natural-born British subject is entitled or subject in the United Kingdom, with this qualification, that he shall not, when within the limits of the foreign state of which he was a subject previously to obtaining his certificate of naturalization, be deemed to be a British subject unless he has ceased to be a subject of that state in pursuance of the laws thereof, or in pursuance of a treaty to that effect. The said secretary of state may, in manner aforesaid, grant a special certificate of naturalization to any person with respect to whose nationality as a British subject a doubt exists, and he may specify in such certificate that the grant thereof is made for the purpose of quieting doubts as to the right of such person to be a British subject, and the grant of such special certificate shall not be deemed to be any admission that the person to whom it was granted was not previously a British subject. An alien who has been naturalized previously to the passing of this act may apply to the secretary of state for a certificate of naturalization under this act, and it shall be lawful for the said secretary of state to grant such certificate to such naturalized alion upon the same terms and subject to the same conditions in and upon which such certificate might have been granted if such alien had not been previously naturalized in the United Kingdom. 8. A natural-born British subject who has become an alien in pursuance of this act, and is in this act referred to as a statutory alien, may, on performing the same conditions and adducing the same evidence as is required in the case of an alien applying for a certificate of nationality, apply to one of Her Majesty's principal secretaries of state for a certificate herein-after referred to as a certificate of re-admission to British nationality, re-admitting him to the status of a British subject. The said secretary of state shall have the same discretion as to the giving or withholding of the certificate as in the case of a certificate of naturalization, and an oath of allegiance shall in like manner be required previously to the issuing of the certificate. A statutory alien to whom a certificate of re-admission to British nationality has been granted shall, from the date of the certificate of re-admission, but not in respect of any previous transaction, resume his position as a British subject; with this qualification, that within the limits of the foreign state of which he became a subject, he shall not be deemed to be a British subject, unless he has ceased to be a subject of that foreiga state according to the laws thereof, or in pursuance of a treaty to that effect. The jurisdiction by this act conferred on the secretary of state in the United King dom in respect of the grant of a certificate of re-admission to British nationality, in the case of any statutory alien being in any British possession, may be exercised by the governor of such possession; and residence in such possession shall, in the case of such person, be deemed equivalent to residence in the United Kingdom. 9. The oath in this act referred to as the oath of allegiance shall be in the form following; that is to say, "I, do swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, her heirs, and successors, according to law. So help me God.” NATIONAL STATUS OF MARRIED WOMEN AND INFANT CHILDREN. 10. The following enactments shall be made with respect to the national status of women and children: (1.) A married woman shall be deemed to be a subject of the state of which her husband is for the time being a subject: (2.) A widow being a natural-born British subject, who has become an alien by or in consequence of her mar riage, shall be deemed to be a statutory alien, and may as such at any time during widowhood obtain a certificate of re-admission to British nationality in manner pr vided by this act: (3.) Where the father being a British subject, or the mother being s British subject and a widow, becomes an alien in pursuance of this act, every child of such father or mother who, during infancy, has become resident in the country where the father or mother is naturalized, and has, according to the laws of such country, become naturalized therein, shall be deemed to be a subject of the state of which the father or mother has become a subject, and not a British subject: (4.) Where the father, or the mother being a widow, has obtained a certificate of re-admission to British na tionality, every child of such father or mother who, during infancy, has become resident in the British dominions with such father or mother, shall be deemed to have resumed the position of a British subject to all intents: (5.) Where the father, or the mother being a widow, has obtained a certificate of naturalization in the United Kingdom, every child of such father or mother who, during infancy, has become resident with such father or mother in any part of the United Kingdom, shall be deemed to be a naturalized British subject. SUPPLEMENTAL PROVISIONS. 11. One of Her Majesty's principal secretaries of state may, by regulation, provide for the following matters: (1.) The form and registration of declarations of British nationality: (2.) The form and registration of certificates of naturalization in the United Kingdom (3.) The form and registration of certificates of re-admission to British nationality: (4.) The form and registration of declarations of alienage: (5.) The registration by officers in the diplomatic or consular service of Her Majesty of the births and deaths of British subjects who may be born or die out of Her Majesty's dominions, and of the marriages of persons married at any of Her Majesty's embassies or legations: (6.) The transmission to the United Kingdom for the purpose of registration or safe-keeping, or of being produced as evidence, of any declarations or certificates made in pursuance of this act out of the United Kingdom, or of any copies of such declarations or certificates, also of copies of entries contained in any register kept out of the United Kingdom in pursuance of or for the purpose of carrying into effect the provisions of this act: (7.) With the consent of the treasury the imposition and application of fees in respect of any registration authorized to be made by this act, and in respect of the making any declaration or the grant of any certificate authorized to be made or granted by this act. The said secretary of state, by a further regulation, may repeal, alter, or add to any regulation previously made by him in pursuance of this section. Any regulation made by the said secretary of state in pursuance of this section shall be deemed to be within the powers conferred by this act, and shall be of the same force as if it had been enacted in this act, but shall not, so far as respects the imposition of fees, be in force in any British possession, and shall not so far as respects any other matter be in force in any British possession in which any act or ordinance to the contrary of or inconsistent with any such direction may for the time being be in force. 12. The following regulations shall be made with respect to evidence under this this act (1.) Any declaration authorized to be made under this act may be proved in any legal proceeding by the production of the original declaration, or of any copy thereof certified to be a true copy by one of Her Majesty's principal secretaries of state, or by any person authorized by regulations of one of Her Majesty's principal secretaries of state to give certified copies of such declaration, and the production of such declaration or copy shall be evidence of the person therein named as declarant having made the same at the date in the said declaration mentioned: (2.) A certificate of naturalization may be proved in any legal proceeding by the production of the original certificate, or of any copy thereof certified to be a true copy by one of Her Majesty's principal secretaries of state, or by any person authorized by regulations of one of Her Majesty's principal secretaries of state to give certified copies of such certificate: (3.) A certificate of re-admission to British nationality may be proved in any legal proceeding by the production of the original certificate, or of any copy thereof certified to be a true copy by one of Her Majesty's principal secretaries of state, or by any person authorized by regulations of one of Her Majesty's principal secretaries of state to give certified copies of such certificate: (4.) Entries in any register authorized to be made in pursuance of this act shall be proved by such copies, and certified in such manner as may be directed by one of Her Majesty's principal secretaries of state, and the copies of such entries shall be evidence of any matters by this act or by any regulation of the said secretary of state authorized to be inserted in the register: (5.) The documentary-evidence act, 1868, shall apply to any regulation made by a secretary of state, in pursuance of, or for the purpose of carrying into effect any of the provisions of this act." MISCELLANEOUS. 13. Nothing in this act contained shall affect the grant of letters of denization by Her Majesty. 14. Nothing in this act contained shall qualify an alien to be the owner of a British ship. 15. Where any British subject has in pursuance of this act become an alien, he shall not thereby be discharged from any liability in respect of any acts done before the date of his so becoming an alien. 16. All laws, statutes, and ordinances which may be duly made by the legislature of any British possession for imparting to any person the privileges, or any of the privileges, of naturalization, to be enjoyed by such person within the limits of such possession, shall within such limits have the authority of law, but shall be subject to be confirmed or disallowed by Her Majesty in the same manner, and subject to the same rules in and subject to which Her Majesty has power to confirm or disallow any other laws, statutes, or ordinances in that possession. 17. In this act, if not inconsistent with the context or subject-matter thereof: -"disability" shall mean the status of being an infant, lunatic, idiot, or married woman: "British possession" shall mean any colony, plantation, island, territory, or settlement within Her Majesty's dominions, and not within the United Kingdom, and all territories and places under one legislature are deemed to be one British pos session for the purposes of this act: "The governor of any British possession" shall include any person exercising the chief authority in such possession: "Officer in the diplomatic service of Her Majesty:" shall mean any embassador, minister, or chargé d'affaires, or secretary of legation, or any person appointed by such embassador, minis ter, chargé d'affaires, or secretary of legation to execute any duties imposed by this act on an officer in the diplomatic service of Her Majesty. "Officer in the consular service of Her Majesty" shall mean and include consul-general, consul, vice-consul, and consular agent, and any person for the time being discharging the duties of consulgeneral, consul, vice-consul, and consular agent. REPEAL OF ACTS MENTIONED IN SCHEDULE. 18. The several acts set forth in the first and second parts of the schedule annexed hereto shall be wholly repealed, and the acts set forth in the third part of the said schedule shall be repealed to the extent therein mentioned; Provided, That the repeal enacted in this act shall not affect-(1.) Any right acquired or thing done before the passing of this act: (2.) Any liability accruing before the passing of this act: (3.) Any penalty, forfeiture, or other punishment incurred or to be incurred in respect of any offense committed before the passing of this act: (4.) The institution of any investiga tion or legal proceeding, or any other remedy for ascertaining or enforcing any such liability, penalty, forfeiture, or punishment as aforesaid. SCHEDULE NOTE.-Reference is made to the repeal of the "whole act" where portions have been repealed before, in order to preclude henceforth the necessity of looking back to previous acts. 66 This schedule, so far as respects acts prior to the reign of George the Second, other than acts of the Irish Parliament, refers to the edition prepared under the direction of the record commission, intituled The Statutes of the Realm; printed by command of His Majesty King George the Third, in pursuance of an address of the House of Commons of Great Britain. From original records and authentic manuscripts." PART L ACTS WHOLLY REPEALED, OTHER THAN ACTS OF THE IRISH PARLIAMENT. An act that all such as are to be naturalized or restored in blood shall first receive the sacrament of the Lord's Supper, and the oath of allegiance, and the oath of supremacy. (7 Jas. 1, c. 2.) An act to enable His Majesty's natural-born subjects to inherit the estate of their ancestors, either lineal or collateral, notwithstanding their father or mother were aliens. (11 Will. 3, c. 6.') An act for naturalizing such foreign Protestants and others therein mentioned, as are settled or shall settle in any of His Majesty's colonies in America. (13 Geo. 2, c. 7.) An act to extend the provisions of an act made in the thirteenth year of his present Majesty's reign, intituled "An act for naturalizing foreign Protestants and others therein mentioned, as are settled or shall settle in any of His Majesty's colonies in America, to other foreign Protestants who conscientiously scruple the taking of an oath." (20 Geo. 2, c. 44.) An act to explain two acts of Parliament: one of the thirteenth year of the reign of his late Majesty, "for naturalizing such foreign Protestants and others as are settled or shall settle in any of His Majesty's colonies in America;" and the other of the second year of the reign of his present Majesty, "for naturalizing such foreign Protestants as have served or shall serve as officers or soldiers in His Majesty's royal American regi ment, or as engineers in America." (13 Geo. 3, c. 25.) An act to prevent certain inconveniences that may happen by bills of naturalization. (14 Geo. 3, c. 84.) An act to declare His Majesty's natural-born subjects inheritable to the estates of their ancestors, whether lineal or collateral, in that part of Great Britain called Scotland, notwithstanding their father or mother were aliens. (16 Geo. 3, c. 52.) 1 11 and 12 Wm.3. (Ruff.) |