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state, always with the consent of that state and of himself, but not necessarily with the consent of the state to which he previously belonged, which may refuse to its subjects the right of renouncing its See also:

NATIONALITY

nationality, called " See also:

EXPATRIATION (from Late Lat. expairiare, to exile, and patria, native land)

expatriation," or may allow the right only on conditions which have not been fulfilled in the particular See also:

case. Hence although nationality in strict theory is always single, as See also:

liege See also:

HOMAGE (from homo, through the Low Lat. hominaticum, which occurs in a document of 1035)

homage was and See also:

ALLEGIANCE (Mid. Eng. ligeaunce; med. Lat. ligeantia, &c.; the al- was probably added through confusion with another legal term, allegeance, an allegation; the Fr. allegeance comes from the English; the word is formed from " liege," of which the derivatio

allegiance in its proper sense is, it often happens that two states claim the same See also:

PERSON, OFFENCES AGAINST THE

person as their national or subject. This conflict arises not only from naturalization having been granted without the corresponding expatriation having been permitted, but also from the fact that See also:

BIRTH (a word common in various forms to Teutonic languages from the root of the verb " to bear ")

birth on the See also:

SOIL

soil was the leading See also:

DETERMINANT

determinant of nationality by feudal law, and still is so by the See also:

LAWS

laws of See also:

England and the See also:

UNITED

United States (See also:

jus See also:

soli), while the nationality of the See also:

FATHER

father is its leading determinant in those countries which have accepted See also:

ROMAN

Roman principles of See also:

jurisprudence (jus sanguinis). The conflict is usually solved for See also:

PRACTICAL

practical purposes by an understanding which is approximately See also:

general, namely that, in cases not provided for by treaty, no state shall protect those whom it claims as its nationals while residing in the territory of another state which claims them as its own nationals by any See also:

TITLE (0. Fr. title, mod. titre, from Lat. titulus)

title, whether jus soli, jus sanguinis, naturalization, or the refusal to allow expatriation. On this footing the See also:

BRITISH

British See also:

FOREIGN

foreign See also:

OFFICE (from Lat. officium, " duty," " service," a shortened form of opifacium, from facere, " to do," and either the stem of opes, " wealth," " aid," or opus, " work ")

office, while it grants passports for travel to naturalized persons, will extend no See also:

PROTECTION

protection to them against a claim of their former See also:

COUNTRY (from the Mid. Eng. contre or contrie, and O. Fr. cuntree; Late Lat. contrata, showing the derivation from contra, opposite, over against, thus the tract of land which fronts the sight, cf. Ger. Gegend, neighbourhood)

country, if they return to it, to exact military service due to it. The United States, asserting that expatriation is an inalienable right of See also:

man, maintains that, to lose his right to See also:

AMERICAN

American protection, the emigrant who has been naturalized in the United States must have done that for which he might have been tried and punished at the moment of his departure; it claims to protect him against the exaction of what at that moment was merely a future liability ' Cf. See also:

Spencer, First Principles (1867), p. 398. 2 Cf. Prolegomena, § 6o.to military service, and this See also:

DOCTRINE

doctrine has been practically accepted by See also:

France in her dealings with See also:

AMERICA

America. See also:

Germany also accepted it by the treaty of 1868 between the United States and the See also:

North See also:

German See also:

CONFEDERATION (Fr. confederation, Lat. confoederatio, from foedus, a league, foederare, to form a league)

Confederation, now in force for the German See also:

EMPIRE

empire, subject to provisions that the emigrant's fixing his See also:

DOMICILE (Lat. domicilium, from domus, home)

domicile in the old country shall be deemed a renunciation of his naturalization in the new, and that his living in the old country for more than two years may be deemed to imply the See also:

ABSENCE (Lat. absentia)

absence of an intention to return to the new. Between the United States and See also:

GREAT

Great See also:

BRITAIN (Gr. Hperavuml vi7vot, Bperravia; Lat. Britannia, rarely Britannia)

Britain the See also:

convention of the 13th of May 187o provides that naturalization in either is to be valid for all purposes immediately on its completion, but that if the See also:

RESIDENT

resident shall renew his See also:

RESIDENCE (Latin residere, to remain behind, to dwell, reside)

residence in his old country he may be readmitted to his old nationality, on his application and on such conditions as the readmitting See also:

government may impose.

The Naturalization See also:

ACT (Lat. actus, actum)

Act 187o, which now governs the See also:

MATTER

matter for England, does not say that the person naturalized becomes thereby a British subject, to which, if it had been said, a proviso might have been added saving the above-mentioned policy of the foreign office as to not protecting him in his old country, although even without such a proviso the foreign office would have been See also:

FREE

free to follow that policy. The act in question (s. 7) gives him the rights and imposes on him the duties of a natural-See also:

BORN, IGNAZ, EDLER VON (1742–1791)

born British subject in the United See also:

KINGDOM

Kingdom, and provides that, when within the limits of his old country, he shall not be deemed a British subject unless he has ceased to be a subject of that country, by its laws or in pursuance of a treaty. On this wording it has been maintained that British naturalization is not really naturalization at all; but leaves the naturalized person as he was with the addition of a certain quality within the United Kingdom; and on that ground it has been considered in France that a Frenchman, obtaining naturalization in England, does not fall within the See also:

French law (See also:

CODE (Lat. codex)

Code See also:

CIVIL

Civil, See also:

Art. 17) which pronounces the expatriation of citizens who cause themselves to be naturalized abroad. This is the Bourgoise Case, 41 Ch. D. 310, in which, when it came before the See also:

ENGLISH

English courts, Mr See also:

JUSTICE (Lat. justitia)

Justice See also:

Kay inclined to the same view, but the See also:

court of See also:

APPEAL

appeal avoided giving an See also:

OPINION (Lat. opinio, from opinari, to think)

opinion on the point. See also:

PROFESSOR (the Latin noun formed from the verb profiteri, to declare publicly, to acknowledge, profess)

Professor See also:

DICEY, EDWARD (1832– )

Dicey leans to the same view (5 Law Quarterly See also:

REVIEW (Fr. revue, from revoir, to see again, Lat. re and videre)

Review, 438); but See also:

Sir See also:

Thomas See also:

Barclay (4 L.Q.R. 226), Sir See also:

Malcolm McIlwraith (6 L.Q.R. 379), and Professor See also:

West-See also:

lake (See also:

INTERNATIONAL, THE

International Law—See also:

Peace, end ed. p. 234; Private Inter-national Law, 4th ed. p.

356) adopt the view that the Naturalization Act 187o makes the naturalized person a full British subject, only to be treated in his old country in accordance with the international principles recognized by the British executive. And the foreign office, by granting passports to naturalized persons, acts on the same view. The point is important with reference to the question whether the naturalization of the father in the United Kingdom confers the character of British subjects on his See also:

CHILDREN, LAW RELATING TO

children afterwards born abroad. (See ALIEN.) An analogous question arises on the See also:

PROVISION (Lat. provisio)

provision in the Naturalization Act 187o, sec. 16, that the legislature of any British See also:

possession may make laws " for imparting to any person the privileges of naturalization, to be enjoyed by such person within the limits of such possession." This, in accordance with the wider view of the effect of naturalization in the United Kingdom, may mean that naturalization in pursuance of a colonial law confers the full character of a British subject, only without removing disabilities, such as that to hold See also:

LAND

land, under which the naturalized person may have lain as an alien in any other British possession. On that footing the foreign office grants passports to the holders of colonial certificates of naturalization, and protects them in all foreign countries but that of their origin; and the See also:

MERCHANT (O. Fr. marcheant, modern marchand; from Lat. mercari, to trade, merx, goods, merchandise)

Merchant See also:

SHIPPING

Shipping Act 1894, sec. 1, allows persons naturalized in British possessions to be owners of British See also:

SHIPS

ships. On the other See also:

hand, those who maintain the narrower view of the effect of naturalization in the United Kingdom naturally hold that colonial naturalization has no effect at all outside the British possession in which it is granted. Naturalization in See also:

India is regulated by the British See also:

INDIAN

Indian Naturalization Act, No. 30 of 1852, under which it may be granted to subjects of the several princes and states in India as well as to those who are entirely aliens to the British empire. The former, however, are treated for several purposes as British subjects even without being so naturalized. In most countries a lengthened sojourn is a See also:

CONDITION (Lat. condicio, from condicere, to agree upon, arrange; not connected with conditio, from condere, conditum, to put together)

condition precedent to naturalization.

In See also:

Belgium, the United Kingdom, North America and See also:

Russia the See also:

period of such sojourn is fixed at five years, in France, See also:

GREECE

Greece and See also:

Sweden at three, in the See also:

ARGENTINE

Argentine See also:

REPUBLIC (Lat. respublica, a commonweal or common-wealth)

Republic two, while in See also:

PORTUGAL

Portugal a residence of one See also:

YEAR

year is sufficient. In Germany, See also:

Austria and See also:

Italy no period of residence is prescribed, while in Austria a ten years' residence confers per se the rights of citizenship. In the United States an alien desiring to be naturalized must declare on See also:

OATH (0. Eng. ddh)

oath his intention to become a See also:

CITIZEN (a form corrupted in Eng., apparently by analogy with " denizen," from O. Fr. citeain, mod. Fr. citoyen)

citizen of the United States; two years afterwards must declare on oath his intention to support the constitution of the United States and renounce allegiance to every foreign See also:

POWER [WILLIAM GRATTAN] TYRONE (1797-1841)

power, including that of which he was before a subject; must prove residence in the United States for five years, and in the state where his application is made for one year, as a See also:

GOOD, JOHN MASON (1764-1827)

good citizen; and must renounce any title of See also:

NOBILITY

nobility. In France an alien desiring naturalization, if he has not resided continuously in the country for ten years, must obtain permission to establish his domicile in France; three years after (in See also:

SPECIAL

special cases one year) he is entitled to apply for naturalization, which involves the renunciation of any existing allegiance. See further, ALLEGIANCE, INTERNATIONAL LAW (Private); also See also:

Bar, Private International Law (Giilespie's See also:

TRANSLATION

translation) ; See also:

HANSARD, LUKE (1752-1828)

Hansard, Law See also:

RELATING

relating to Aliens; See also:

CUTLER, MANASSEH (1742-1823)

Cutler, Law of Naturalization; See also:

Cockburn, Nationality; Cogordan, Nationalite; effter, Europdisches VOlkerrecht; See also:

Hall, Foreign See also:

Jurisdiction of the British See also:

CROWN

Crown; Westlake, International Law—Peace, and Private International Law (4th ed.). (JNo.

End of Article: NATURALIZATION

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