Domicil (contd.)-non-existent during process of expatriation, 141 supersedes nationality, 3 Dominion waters, 30, 39 conflict with territorial waters, 38 headland doctrine, 39 Double nationality, 1, 132 as affecting ownership of British ships, 169 before Court of a third country, 134 declaration of alienage by children of British subject born abroad, having, 150 declaration of alienage in cases of, 147 naturalization inapplicable, in case of, 147 relief against, cannot be granted by Colony, 259 Doubtful nationality, 189–205 arising from doubt as to birthplace, 190 Canada, in, 262 certificate does not alter doubts, 192 certificate of naturalization in case of, 105, 190 conditions as to certificate, 191 determined by Courts, 191, 200 importance of certificate, 193 naturalization inapplicable in case of, 192 Secretary of State's certificate in case of, 189 Secretary of State's power to settle doubts, 189, 190 EAST India Company Act, 1793, 96 Embayed waters: occupation presumed, 21 Empire, different systems of law in, 223 rights of British subjects not uniform in, 221 Enemies, children of, 41, 44 Expatriation, 135-159, 290 British ships owned by subject naturalized abroad, 170 British subjects, by, 136 children of expatriated parents, 137 declaration of alienage, 135 difference in age of majority in two countries, 140 disability as to, 138-140, 143 disability of infants, 140 domicil non-existent, during process of, 141 drunkards, of, 142 how far saved, 153 in foreign State, must be voluntary, 137 liability not affected by, 153, 154 lunatics, of, 142 married women, of, 139 minors cannot renounce, 140 Expatriation (contd.)-minors, naturalized abroad, 143 modified by oath of allegiance to foreign Sovereign, 157 must be in foreign State, 136 naturalized aliens in Canada, 257, 258 not by naturalization in countries where Crown has jurisdiction, 156 France exception to effect of certificate of naturalization abroad, 122 Franchise, Parliamentary and municipal, 167, 168 Articles of the Code, 355-360 construction, 218 GASCONY, 76 Goodwin Sands, 23 Grandchildren, British subjects, of, 54 foreigners born in United Kingdom, of, 149 Great-grandchildren of foreigners born in United Kingdom, 150 Guernsey and Jersey, 76 Guienne, 76 HAGUE Convention as to territorial waters, 39 Hanoverians, nationality of, 82, 83 naturalization of, 89 Hanoverians (contd.)-right to vote, 80, 83 High water, low water, and tides, 24 ILLEGITIMATE children, 64 Immemorial user, 25 Immovables, 6 Infants. See Children. Inheritance, 49 Inland Sea of Japan, 29 Innocent passage in territorial waters, 35 Insanity. See Lunatics. Instructions to persons applying for naturalization, 310-323 Intention to reside, effect on naturalization, III Intra fauces, 14, 19 Involuntary naturalization of children, 66 Ireland, 77 petitions in, 203, 204 Isle of Man, 77 Islands adjacent, 21 waters between, and mainland and, 28 Italian law, coral beds, as to, 26 mare piscatorium, 34 JAMAICA, law of, 1638, 230 Jersey and Guernsey, 76 Jury de mediatate linguæ, 180, 290 Jus sanguinis, 41, 45, 46, 49, 74, 132 Jus soli, 41, 45, 46, 49, 74, 132 KING'S Chambers, title by occupation, 15 LANDS, rights of non-aliens to hold, 83 legislation applies to embayed waters, 20 Legitimacy, declaration of, 193-205 Legitimated children, 64 Lighthouses, 23 Limit, "3 mile," 35 Limits of Colonies, II Limits of nation, bays and waters along coasts, 12, 15-17 Limits of realm: creeks and harbours, 13 definition of, II Limits of realm (contd.)-low-water mark, 24 territorial waters, 35 not part of realm, 13 navigation by foreigners, in, 13 waters of the dominion, 31 Lunatics: lunacy recognised, 142 naturalization of, 142 MANCINI'S formula, 5 Manslaughter on foreign ships, 31 Mare clausum, 30 Mare piscatorium, 34 Marriage, declaration of validity of, 194, 197-200 petition for, by divorced women, 199 whether decree must be preceded by declaration of nationality, 198 doubts of, settled during lifetime, 201 effect on nationality, 57 Japan, in, 201 recognition of, 200 under Royal Marriage Act, 200 Married women: declaration of alienage, 148 Nationality (contd.)-comparison between certificate of naturalization and declaration of British nationality, 145 declaration of, 193–195 British, 144, 145 on ground of legitimacy, 196 double nationality, 144. See also Double nationality. doubtful nationality, 189-205. See also Doubtful nationality. exceptions, 41, 42 French Civil Code, 355-360 French law as to loss of, 124 inheritance, 49 is an Imperial question, 247, 248 not dependent on domicil, 202 renunciation of, 290 Statute, by, 47-49 whether, resembles contract, 6 departmental definition of, 52, 54 official definition of, 52, 53 subjects by Statute, 51 Naturalization, 98-135 Act in force in Colonies, 277 alien enemy, 127 before 1870, 144, 285-287 certificate assumed to have full effect, 122 certificate of, in case of doubtful nationality, 190 certificate to remove doubts, 105 certificate under Act of 1844, 99 certificate under Act of 1870, 100, 291 children, of, 65, 66, 69 persons naturalized, 106 circular of 1851 Cockburn, Sir A., as to, 127 conditions imposed, 100 consequences of, 108, 129 abroad, 130, 136 fraud, 102-104 countries where Crown has jurisdiction, 156 declaration required for, 102 drunkards, of, 142 effect of certificate, 113-119, 122, 123. evidence required, 101 false declaration, 102, 298 |