Naturalization (contd.)-foreign States by, 130 forgery of documents, 277 forms of declaration, 326 fraud in obtaining right to vote, 103 intention to reside, effect on, IOI intention to serve under the Crown, 101 law of foreign State, when person within that State, 144 limited certificate, 125 lunatics, of, 142 meaning of, IIO necessity for residence after, 280 new certificate clause, 120 oath of allegiance necessary, 106 obsolete conditions as to religion, etc., 279, 282 ownership of British ships, 103 parents, of, 65 persons naturalized before 1871, 105 persons under curatorship, 143 power of Secretary of State to limit certificate, 120, 121 power to cancel certificate, 102 in Colonial law, 104 questions regarded as arising in a third country, 124 of status, 132, 133 regulations as to, 248, 249, 302-309 evidence, 276 registration, 275 effect in Colonies, 275 requirements, IOI residence, effect of, 125 result of minor naturalized abroad, 143 special Statute, by, 98 status, 132, 133 statutory references, 106 temporary nationality, 125 union of Crowns, under, 89 variations in the privileges conferred by, 232 capacity to become, 142 change effected in 1870, 128 children of, 126 born abroad, 126, 302 declaration of alienage by, 151 diplomatic protection to, 117 domicil of, 251 limited certificate of, 125 Naturalized persons (contd.)-may petition for declaration of legitimacy, etc., 203 position of, abroad, 115, 116 in Colonies, 115 residence, 117, 125 necessary to naturalized persons, 106 regulations as to, 107, 298 solemn affirmation in lieu of, 107 taken in foreign possession, 279 Oath of allegiance to foreign sovereign: disqualification in Australia, 157, 158 modified expatriation by, 157 necessity for, may debar aliens from office, 182 ownership of British ships by subjects who take, 157 whether disqualification for office, 159 Occupation: bed of the sea, 23 express, 18 presumed, 18 in case of embayed waters, 21 submerged banks, 25 Offences of foreigners in territorial waters, 37 Oyster fisheries, Irish, 27 PARENTS, attainted of treason, 70 British, born abroad having double nationality, children of, 150 Parents (contd.)-change of nationality, by, 65 illegitimacy of, not transmissible, 195 in service of enemy, 71 naturalization of, 65 resumption of nationality by, 67 Passport, form of, for person naturalized in Colonies, 253, 254 Persons born abroad under change of Sovereignty, 76 in territory owned by-Chartered Companies, 220 Petitions, costs of, 205 declaration of legitimacy, for, 195 declaration of nationality, for, 196 may be combined with other petitions, 200 declaration of validity of marriage, 196, 199 conditions for petition, 201 Ireland, in, 203, 204 persons affected by decree, by, 205 procedure, on, 203, 205 Scotland, in, 203, 204 Piracy Act, 1698, 96 1744, 96 Post nati, 72, 78, 79, 83 Posthumous children, 64 Prerogatives of the Crown in Colonies, 209, 210 Prescription, 18, 28 Presumed occupation, 16, 18 Prisoners of war, children of, 44 Private individuals, persons born in territory owned by, 220 Privy Council: disqualification of naturalized person, 280, 283, 284 Protectorates, persons born in, 220 READMISSION, 245-247 in Colonies, 247 Realm, limits of, II Recognition of nations, 10 Regulations as to declarations, naturalizations, etc., 248, 249, 276, 293, 302-309 registration of births at sea, 46 Religion, repealed conditions as to, 279, 282 renunciation of denizens, 96 Renunciation of nationality, 290 Repatriation, Conventions for reciprocal, 164 Secretary of State: certificate in case of doubtful nationality, 189, 191 power to settle doubt in case of doubtful nationality, 189, 190 powers as to naturalization, 100 powers as to readmission to nationality, 246, 247 powers to limit certificate, 120, 121 powers to make regulations as to Colonies, 228 Self-defensive legislation in territorial waters, 33 Service abroad with ally, 44 Settled Colonies, application of Statutes to, 211 Status, declaration of legitimacy is a judgment of, 203 governed by law of domicil, does not apply to expatriation, 140, 141 recognition of, by foreign Court, 132 resulting from naturalization, 133 Statute, nationality, by, 47-49 natural-born subjects by, 51 Statutes. See also Table of Statutes. application of in Colonies, 218, 219 Statutory aliens, children of expatriated parents are, 161 condition for repatriation of, 162 does not apply to naturalized aliens, 161 instructions for repatriation of, 163 married women become aliens by marriage, 161 meaning of, 160 persons naturalized abroad are, 106 Statutory references to persons naturalized, 106 Stepney Election Petition compared with Calvin's Case, 80, 81 TEMPORARY allegiance, 2, 164-189 aliens in the Empire, 165 elements of, 173 meaning of, 164 misuse of the word, 164 position of resident alien same as subject, 165 Temporary nationality impossible to naturalized person, 125 Territorial waters: Bynkershoek, 36 conflict with dominion waters, 38 Fishery Convention, 34 Hague Convention, 39 jurisdiction of British Courts, 32 limit of, 35 not part of realm, 13 offences by aliens in, 37, 171 rights as to fishing in, 34 |