Page:Halsbury Laws of England v1 1907.pdf/540

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Aliens.

318

2. Any person who by reason of his having been born within the dominions of His Majesty is a natural-born subject, but who also Naturaliza- at the time of his birth became under the law of any foreign state tion Act, a subject of such state, and is still such subject, and who is of full 1870. age and not under any disability (v). 3. Any person who is born out of His Majesty's dominions (w) of British-born a father being a British subject, if of full age and not under any subjects.

Sect.

2.

Under

disability

Mode

of

making declaration.

{v).

A

declaration of alienage or a declaration of British nationality may be made as follows If the declarant is in the United Kingdom, before any justice (i.) of the peace (ii.) If elsewhere in the King's dominions, before a judge of any Court of civil or criminal jurisdiction, or any justice of the peace, or any other officer for the time being authorised by law in the place where the declarant is to administer an oath for any judicial or other

legal purpose

Kegistration.

(iii.) If out of the King's dominions, before any officer in the diplomatic (x) or consular (y) service of His Majesty (z). Any declaration of alienage, or certificate of naturalization or of re-admission to British nationality must be registered in the office of one of the principal Secretaries of State, and may be proved in any legal proceeding by the production of the original declaration or duly certified copy thereof {a).

Sub-Sect. Marriage.

3.

By

Marriage.

699. Since May 12th, 1870, a female British subject becomes an alien by marrying an alien {b). But she is not deprived of any estate or interest in real or personal property to which she may have become entitled before that date, nor is such estate or interest affected to her prejudice

(c).

Sub-Sect. 4^.—Infants, Infants.

700. Where a father being a British subject, or a mother being a British subject and a widow, becomes a statutory alien, every child of such father or mother who during infancy has become provisions were in accordance with the Act, renunciations made under the conyention were confirmed by the Naturalization Act, 1872 (35 & 36 Vict. c. 39), s. 2. {y) Disability means the status of being an infant, lunatic, idiot, or married woman ( Naturalization Act, 1870 (33 Vict. c. 14), s. 17). its

{w) Ibid., ss. 3, 4. (cc) "Officer in the diplomatic service of His Majesty" means any ambassador, minister, or charge d'affaires, or secretary of legation, or any person appointed by such ambassador, minister, charge d'affaires, or secretary of legation to execute any duties imposed by the Act on an officer in the diplomatic service of His Majesty {ibid., s. 17). [y) "Officer in the consular service of His Majesty" means and includes consul-general, consul, vice-consul, consular agent, and any person for the time being discharging their duties {ibid., s. 17). (z) Ibid., s. 3. (a) Ibid., s. 12(1), (2), and (3). See also Eegulations issued by the Home Office. For penalty on making a false declaration, see p. 314, ante, {b) Ibid., s. 10 (1). (c) Naturalization Act, 1872 (35 & 36 Vict. c. 39),s. 3.