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"Master" shall include any person having the charge or "Master." command of a ship.

Repeal of Acts and Saving Clauses.

ment Act.

59 G. 3. c.

31. From and after the commencement of this Act, an Act Repeal of Foreign passed in the fifty-ninth year of the reign of His late Majesty Enlist King George the Third, chapter sixty-nine, intituled "An Act to prevent the enlisting or engagement of His Majesty's sub- 69. jects to serve in foreign service, and the fitting out or equipping, in His Majesty's dominions, vessels for warlike purposes, without His Majesty's license," shall be repealed: Provided that such repeal shall not affect any penalty, forfeiture, or other punishment incurred or to be incurred in respect of any offence committed before this Act comes into operation, nor the institution of any investigation or legal proceeding, or any other remedy for enforcing any such penalty, forfeiture, or punishment as aforesaid.

to commis

32. Nothing in this Act contained shall subject to forfeit- Saving as ure any commissioned ship of any foreign state, or give to any sioned foreign British Court over or in respect of any ship entitled to recog- ships. nition as a commissioned ship of any foreign state any jurisdiction which it would not have had if this Act had not passed.

not to ex

persons

33. Nothing in this Act contained shall extend or be con- Penalties strued to extend to subject to any penalty any person who enters tend to into the military service of any prince, state, or potentate in entering Asia, with such leave or license as is for the time being required tary serby law in the case of subjects of Her Majesty entering into Asia. the military service of princes, states, or potentates in Asia.1

1 "Instructions for the guidance of the Commanders-in-Chief, or the senior officers present, as to the course to be pursued in carrying into effect, and in assisting the civil authorities to carry into effect, the provisions of the Foreign Enlistment Act, 1870," will be found in the Queen's Regulations and Admiralty Instructions, 1879, p. 141.

into mili

vice in

59 G. 3. c.

69, s. 12.

No. XIII.

Short title.

Capacity

of an alien

as to property.

NATURALIZATION ACT, 1870.

An Act to amend the law relating to the legal condition of
Aliens and British Subjects.-[12th May 1870.]

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 Naturalization Act, 1870."

Status of Aliens in the United Kingdom.

"The

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 natural-born 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 imme-
diately, 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.

natural

to divest

of their

certain

3. Where Her Majesty has entered into a convention with Power of any foreign state to the effect that the subjects or citizens of ized aliens that state who have been naturalized as British subjects may themselves divest themselves of their status as such subjects, it shall be status in lawful for Her Majesty, by Order in Council, to declare that cases. 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 a 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 ali enage, and from and after the date of his so making such de claration 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

How
British-

born subject may

such.

of any other officer for the time being authorised 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 subcease to be ject, 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.

Alien not entitled to jury de

medietate

linguæ.

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 naturalborn subject.

Capacity

of British

Expatriation.

6. Any British subject who has at any time before, or may subject to at any time after the passing of this Act, when in any foreign

renounce

to Her

Majesty.

allegiance 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 sub-
ject, 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 pursu-
ance 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 dip-
lomatic or consular service of Her Majesty.

Naturalization and resumption of British Nationality.

Certificate of natural

7. An alien who within such limited time before making isation.

VOL. II.

2 K

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